indictment was issued against Elkin Dario Granada López, Alexander Vallejo Echeverry, Gilma
Patricia Gaviria Palacio, Jorge Eliécer Rodríguez Guzmán, and Alvaro Goez Mesa as material coperpetrators of the crime of homicide, and as co-perpetrators of the crime of belonging to
illegal armed groups. In addition, an indictment was handed down against Omar Tobón
Echeverry as mastermind (determinador) of the crime of aggravated homicide.
19. In March 2001, the Specialized Court of Medellín convicted Alberto Goez Mesa and Jorge
Eliécer Rodríguez Guzmán, sentencing them to 40 years of prison as material co-perpetrators
of the homicide of Jesús María Valle Jaramillo, and Carlos Castaño Gil to 20 years of
imprisonment and payment of a fine, as co-perpetrator of the crime of forming, directing, and
financing groups operating outside the law. The other accused were acquitted in the same
judgment. The decision was challenged before Criminal Judges of the Specialized Circuit, both
by the convicts’ public defenders and by the Fiscalía Delegada. On June 25, 2001, the Superior
Court of Medellín confirmed the decision below and reduced the sentence imposed on Carlos
Castaño Gil from 20 to nine years of imprisonment, and that of Alvaro Mesa Goez and Jorge
Eliécer Rodríguez Guzmán from 40 to 25 years of imprisonment, applying the principle of in
dubio pro reo and the entry into force of the new Criminal Code.
20. When the indictment was issued, it was ordered that the procedural unity of the case be
split, and the investigation continued, under Case No. 343431. In the context of these
proceedings, the arrest of Nicolás Ángel García Graciano or Fredy Hernández Ramírez or
Restrepo was ordered, for the crimes of belonging to illegal armed groups, aggravated
homicide, and unaggravated kidnapping of Jesús María Valle Jaramillo and his sister. On March
16, 2000, an indictment was handed down against the persons who, in the course of the
investigation, were determined to be suspects. On December 19, 2001, it was ordered that
evidence be taken, along with other investigative steps, to determine the responsibility of
other persons in the homicide of Jesús María Valle Jaramillo.
21. The State alleges that in the disciplinary realm, on June 13, 2002, the Human Rights
Prosecutor’s Office (Procuraduría Delegada para la Defensa de los Derechos Humanos)
archived the preliminary inquiry into the responsibility of State agents in the homicide of Jesús
María Valle, for lack of evidence raising suspicions concerning public employees.
22. As for the determination of State responsibility in the contentious-administrative
jurisdiction, the process for direct reparations, begun March 16, 2000, by María Magdalena
Valle Jaramillo before the Administrative Tribunal of Antioquia, against the national
government, the Ministry of Defense, the National Army, the National Police, the Ministry of
Interior, the Departamento Administrativo de Seguridad (DAS), the department of Antioquia,
and the municipal government of Medellín, is in the evidence phase.
23. Based on this information, the State considers that it is discharging its obligation to
investigate, prosecute, and punish the persons responsible for the crime within a reasonable
period of time. It alleges that the petitioner’s claim in relation to the alleged failure to clarify
the facts of the crime is based on a disagreement over the outcome of the judicial proceeding,
and that therefore it should be dismissed by the IACHR, for if it were to hear the matter, it
would be acting as a fourth instance.
24. The State also alleges that the petition is inadmissible for failure to meet the requirement
of prior exhaustion of domestic remedies, given that the contentious-administrative proceeding
is pending resolution, and the criminal investigation has yet to draw to a close. It alleges that
the exceptions to this requirement are not applicable, given that there has been no
unwarranted delay in the proceedings in this matter.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
25. The petitioners are authorized, in principle, by Article 44 of the American Convention to
submit complaints to the IACHR. The petition states as the alleged victims individuals in
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