8
have not been included in the program that the State has been implementing in
other Colombian cases. Finally, regarding the Jaramillo Correa family, which resides
in Canada as refugees, it maintained that the State "should create the conditions to
ensure that, through the relevant Embassy or Consulate of Colombia, said family
form an integral part of Colombia, and receive free, comprehensive and appropriate
health care, equivalent to that received by other beneficiaries."
28.
The Commission, meanwhile, stressed the need for the State to take
appropriate steps to ensure that victims receive psychological and psychiatric
treatment as soon as possible, given the nature of this reparation measure and the
severity of the human rights violations involved in this case.
29.
The President states that through an order of April 29, 2010 (supra Having
Seen 3) the parties from different cases were convened to a private hearing on
monitoring compliance with reparation measures on medical and psychological care
stipulated in eight Colombian cases. Because of this, the President believes that
operative paragraph eighteen of the Judgment will be monitored through the
aforementioned joint monitoring of compliance.
a) Regarding operative paragraph nineteen of the Judgment
30.
With regard to the obligation to give Nelly Valle Jaramillo and Carlos Fernando
Jaramillo Correa a scholarship to study or learn a trade (operative paragraph
nineteen of the Judgment), the State expressed its willingness "to comply with this
reparation measure and remedy, to some degree, the suffering and needs of Nelly
María Valle Jaramillo and Carlos Fernando Jaramillo Correa." It stressed that through
the Interpreting Judgment of July 7, 2009, the Court stated that "the fulfillment of
this obligation [b]y the State implie[d], in part, that the beneficiaries [take] certain
diligences to exercise their right [in] this reparation measure." Finally, it said it was
alert and awaiting information from the beneficiaries on their desire to begin an
academic program, so as to advance with the compliance of this measure.
31.
Representatives noted that "neither [Mrs] Nelly Valle Jaramillo nor [Mr.]
Carlos Fernando Jaramillo Correa, are in the physical or emotional conditions to
initiate an academic training process." Also, they stated that they proposed to the
State, after consultation with the beneficiaries, the one-time payment of a subsidy
whose amount would be agreed upon, and whose base would be the sum of the
average cost of tuition for 10 semesters of an undergraduate career at a private
university in Bogota.
32.
The Commission noted the willingness expressed by the State and said that it
was awaiting observations from representatives of the victims.
33.
In virtue of the decisions provided for in the Interpreting Judgment6 (supra
Having Seen 2) and given the agreement that the State would reach with the
6
Under Title IX of the Interpreting Judgment, the Court ruled that:
35.
Regarding the consultation about scholarships, [and] regarding the term in which the reparation
measure must be met, [...] this Court notes that in paragraph 227(f) of the Judgment, the Court noted
that the State pledged to "manage, after consultation with victims [Nelly Valle Jaramillo and Carlos
Fernando Jaramillo Correa], a scholarship to be offered in Colombia for a course and study in the branch,
profession and subject that the victims wish to study." Also, in paragraph 231 of the Judgment the Court
accepted the aforementioned measure expressly offered by the State and in Operative Paragraph 19 it
ordered that "a scholarship be awarded to Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa [...]