38
128. With regard to the following persons, the Court has no evidence to accredit that their
personal integrity was harmed owing to the facts of the instant case. Therefore the Court
finds that it has not been proved that the State is responsible for the violation of Article 5(1)
of the Convention to the detriment of: Adriana María Londoño Del Valle, Ana María Valle
Villegas, Andrés Felipe Valle Villegas, Claudia María García Valle, Diana Patricia García Valle,
Francisco Javier García Valle, Franklin Henao Valle, Fredy Henao Valle, Jairo Alberto
Londoño Del Valle, Jeannette Henao Valle, John Alberto Henao Valle, Juliana Patricia
Londoño Del Valle, María Victoria García Valle and Marta Luz García Valle.
129. Furthermore, the Court finds that the particular circumstances of what happened to
Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa (supra paras. 30, 70, 107 and
109 and infra paras. 136, 137, 140 and 141) do not allow it to apply the presumption that
their direct next of kin suffered a violation of their personal integrity. Therefore, with regard
to these persons, as well as to the other indirect next of kin of Nelly Valle Jaramillo and
Carlos Fernando Jaramillo Correa, the Court will assess whether there is any evidence to
justify declaring a violation of their personal integrity.
130. The State did not acknowledge that Gonzalo de Jesús Jaramillo Correa, Carlos
Fernando Jaramillo Correa’s brother, was a victim of the violation of Article 5(1) of the
Convention (supra para. 111). However, the Court observes that, in its acknowledgement of
responsibility, the State accepted that both the direct next of kin of Carlos Fernando
Jaramillo Correa (father, mother, wife, children), and his siblings, suffered a violation of
their personal integrity owing to the facts of the case, excluding only the nieces and
nephews insofar as “their close affective ties [with the said victim] had not been proved.”
The Court also observes that the State did not expressly deny that Gonzalo de Jesús
Jaramillo Correa was a victim. Therefore, in application of Article 38(2) of its Rules of
Procedure, which indicate that “the Court may consider accepted those facts that have not
been expressly denied and the claims that have not been expressly contested,” the Court
declares that the State is responsible for the violation of the right to personal integrity
embodied in Article 5(1) of the Convention, in relation to Article 1(1) thereof to the
detriment of Gonzalo de Jesús Jaramillo Correa.
131. Regarding the following persons, all next of kin92 of Carlos Fernando Jaramillo
Correa, the Court observes that Saúl Jaramillo Giraldo and María Amanda Correa Zuleta
referred in their respective statements to the impact that the facts of this case had on the
family of Carlos Fernando Jaramillo Correa (supra paras. 50(c) and 50(d)), as follows:
92
Birth certificate of Alejandro Jaramillo Mejía (file of attachments to the pleadings and motions brief, folios
916 and 917), birth certificate of Ana Catalina Hoyos Jaramillo (file of attachments to the pleadings and motions
brief, folios 896 and 897), birth certificate of Andrés Felipe Ochoa Jaramillo (file of attachments to the pleadings
and motions brief, folios 904 and 905), birth certificate of César Augusto Jaramillo Gutiérrez (file of attachments to
the pleadings and motions brief, folios 932 and 933), birth certificate of Diego Alejandro Ochoa Jaramillo (file of
attachments to the pleadings and motions brief, folios 907 and 908), birth certificate of Gabriela Gómez Jaramillo
(file of attachments to the pleadings and motions brief, folios 950 and 951), birth certificate of Jorge Mario
Jaramillo Gutiérrez (file of attachments to the pleadings and motions brief, folios 935 and 936), birth certificate of
José Miguel Jaramillo Gutiérrez (file of attachments to the pleadings and motions brief, folios 941 and 942), birth
certificate of Juan Camilo Jaramillo Gutiérrez (file of attachments to the pleadings and motions brief, folios 929 and
930), birth certificate of Juan Gonzalo Jaramillo Mejía (file of attachments to the pleadings and motions brief, folios
912 and 913), birth certificate of Juliana Jaramillo Tobón (file of attachments to the pleadings and motions brief,
folios 922 and 923), birth certificate of Luis Jairo Jaramillo Gutiérrez (file of attachments to the pleadings and
motions brief, folios 938 and 939), birth certificate of Luisa María Gómez Jaramillo (file of attachments to the
pleadings and motions brief, folios 948 and 949), birth certificate of María Isabel Jaramillo Mejía (file of
attachments to the pleadings and motions brief, folios 914 and 915), birth certificate of Oscar Fernando Hoyos
Jaramillo (file of attachments to the pleadings and motions brief, folios 899 and 900), birth certificate of Luis
Santiago Jaramillo Tobón (file of attachments to the pleadings and motions brief, folios 924 and 925) and birth
certificate of Victoria Alejandra Gómez Jaramillo (file of attachments to the pleadings and motions brief, folios 952
and 953).