2
various recommendations to the State. Taking into consideration the “State’s report on the
implementation of the recommendations included in the Report on the merits, and the lack
of substantive progress in compliance with them,” the Commission decided to submit the
instant case to the jurisdiction of the Court on February 13, 2007. The Commission
appointed Víctor Abramovich, Commissioner, and Santiago A. Canton, Executive Secretary,
as delegates, and Ariel E. Dulitzky, Elizabeth Abi-Mershed, Juan Pablo Albán A., Verónica
Gómez, Andrea Repetto, and Karin Mansel as legal advisers.
2.
In its application, the Commission alleged that:
On February 27, 1998, […] two armed men entered Jesús María Valle Jaramillo’s office in […]
Medellín [where Carlos Fernando Jaramillo Correa and] Nelly Valle [Jaramillo], Jesús María Valle’s
sister, were also present […]. [Subsequently, a woman entered and, together with two armed
men, proceeded to] tie up and immobilize the hostages […]. Jesús María Valle was murdered with
two shots to his head, [and] died instantly. […] Following the extrajudicial execution, Mrs. Valle
and Mr. Jaramillo Correa were dragged to the lobby, [where] they were threatened with guns
[…]. [T]he perpetrators [then] left the office. […] Carlos Fernando Jaramillo […] had to go into
exile because of his fears owing to the threats he had received. […] The available evidence
indicates that the motive for the murder was to silence the reports of the human rights defender
Jesús María Valle about the crimes perpetrated in the municipality of Ituango by members of
paramilitary forces in connivance with members of the Army […]. [A]most nine years have
passed […], three civilians have been convicted in absentia, and there are no judicial
investigations underway to determine whether State agents bear any responsibility.
3.
Based on the above, the Commission alleged that the State is responsible for:
The [alleged] extrajudicial execution of the human rights defender Jesús María Valle Jaramillo;
the [alleged] detention and cruel, inhuman, and degrading treatment that preceded it, to the
detriment of Mr. Valle Jaramillo, Nelly Valle Jaramillo, his sister, and Carlos Fernando Jaramillo
Correa […]; the [alleged] lack of investigation and punishment of those responsible for these
acts; the [alleged] lack of adequate reparation in favor of the [presumed] victims and their next
of kin; and the [alleged] forced displacement that Mr. Jaramillo Correa suffered following the
facts.
4.
The Commission asked the Court to declare the international responsibility of the
State for the violation of:
(a)
Articles 4 (Right to Life), 5 (Right to Humane Treatment) and 7 (Right to
Personal Liberty) of the American Convention, in relation to Article 1(1) (Obligation
to Respect Rights) thereof, to the detriment of Jesús María Valle Jaramillo;
(b)
Articles 5 (Right to Humane Treatment) and 7 (Right to Personal Liberty) of
the American Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof, to the detriment of Nelly Valle Jaramillo Jaramillo (hereinafter “María Nelly
Valle Jaramillo” or “Nelly Valle Jaramillo”) and Carlos Fernando Jaramillo Correa;
(c)
Article 22 (Freedom of Movement and Residence) of the American
Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof, to the
detriment of Carlos Fernando Jaramillo Correa “and his next of kin”; and
(d)
Articles 8(1) (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the
American Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof, to the detriment of Nelly Valle Jaramillo, Carlos Fernando Jaramillo Correa,
and “the next of kin” of Jesús María Valle Jaramillo.
the violation of Articles 5, 7, and 22 of the Convention (file of attachments to the application, appendix 1, folios 1
to 36).