4
6.
With regard to the obligation to pay the amounts set forth in the Judgment
for pecuniary damage, non-pecuniary damage and reimbursement of costs and
expenses (operative paragraph thirteen of the Judgment), the State reported that it
has paid the compensation, costs and expenses that were ordered in Resolution
5108 of the Ministry of National Defense of November 25, 2009, whereby it ordered
the payment of two hundred and sixteen million eight hundred and thirty-nine
thousand seven hundred dollars ($ 216,839,700.00) to the Grupo Interdisciplinario
por los Derechos Humanos [Interdisciplinary Group for Human Rights], as
representatives. Furthermore, through Resolution 5112 it provided for the payment
of two-hundred and forty-six million four-hundred and eight thousand seven hundred
and fifty pesos ($ 246,408,750.00) as compensation to Mr. Dario Valle Jaramillo,
Carlos Fernando Jaramillo Correa, Gloria Lucía Correa, Carlos Enrique Jaramillo
Correa, María Lucía Jaramillo Correa, Ana Carolina Jaramillo Correa and Luís Eugenio
Jaramillo Correa. It shall be deposited be in a Colombian bank that offers the most
favorable financial conditions, given that they did not come forward to request the
payment.
7.
The representatives reported that the State has complied with the payment of
compensation ordered by the Court in favor of the victims. They stated that the
victims Carlos Fernando Jaramillo Correa, his wife Gloria María Correa García and his
children Carlos Enrique, María Lucía and Ana Carolina Jaramillo Correa, and Luis
Eugenio Jaramillo Correa, filed their application for payment in January 2010
-amounts that were deposited in their favor and received. Finally, they stated the
situation of Mr. Dario Valle Jaramillo's is unknown, who decided to process his
payments separately.
8.
The Commission valued the information provided by the State. However, it
noted that the information only covers the resolution that orders the payment, but it
does not attach documentation certifying that the payments were actually made.
Also, it deemed necessary that the State refer to efforts made to contact Darío Valle
Jaramillo in order to proceed to the payment awarded in his favor.
9.
In virtue of the statements made by the parties, the President of the Court
positively values the efforts of the State to pay the compensation ordered in
operative paragraph thirteen of the Judgment (supra Having Seen 1). However, the
Court considers it necessary to have updated information from the parties regarding
the payment of the compensation awarded Mr. Darío Valle Jaramillo, in order to
determine the compliance with this aspect of the Judgment.
a) Regarding operative paragraph fourteen of the Judgment
10.
As for the obligation to investigate the facts that led to the violations of the
case (operative paragraph fourteen of the Judgment), the State reported that it
continues to do its all to investigate, prosecute and, if appropriate, punish those
responsible for the violations of the case, which are the focus of this compliance
monitoring. The Colombian Government said, regarding review proceeding No.
29075, that through an order of April 1, 2008, the application for review was
accepted, filed by the Fifth Prosecutor of the National Human Rights and
International Humanitarian Law Unit against the judgment of 25 July 2001, issued by
the Superior Tribunal of Medellin, which confirmed the acquittal ordered on March
15, 2001, by the Third Criminal Court of the Specialized Circuit of Medellin, in favor
of two alleged suspects of aggravated murder. It stated that in December 2008 the
case was in the evidence phase. Regarding the Criminal Proceeding No. 2009-0184,