50
Jaramillo Correa, Gloria Elena Jaramillo Correa, Adriana María Jaramillo Correa, María Leticia
Valle Jaramillo, Ligia Valle Jaramillo, Luzmila Valle Jaramillo, Magdalena Valle Jaramillo,
Romelia Valle Jaramillo, Marina Valle Jaramillo, Darío Valle Jaramillo and Octavio Valle
Jaramillo.
170. The Court points out that, in the instant case, despite the State’s acquiescence
(supra paras. 35 and 38), it is not appropriate to declare Jesús María Valle Jaramillo a victim
of the violation of Articles 8(1) and 25(1) of the American Convention, since in a case of
extrajudicial execution the rights harmed are those of the deceased victim’s next of kin,
who are the interested parties in the search for justice and to whom the State must provide
effective remedies in order to guarantee them access to justice, the investigation and
eventual punishment, if applicable, of those responsible for the violations, and the integral
reparation of the consequences of the violations.
IX
ARTICLE 11(1) AND 11(2) (RIGHT TO PRIVACY)124 OF THE AMERICAN
CONVENTION IN RELATION TO ARTICLE 1(1)
(OBLIGATION TO RESPECT RIGHTS)125 THEREOF
171. The representatives alleged that the right to honor and dignity of Jesús María Valle
Jaramillo and his next of kin, established in Article 11(1) and 11(2) of the Convention, had
been violated because he had been “investigated by the Medellín Sectional Prosecutor’s
Office for the offense of slander as a result of the complaint filed by a member of the
Girardot Battalion, attached to the Fourth Brigade, on July 10, 1997.” The representatives
also indicated that the right to family honor had been violated, since “the Valle Jaramillo
family […] took upon itself […] the attack on Jesús María [Valle's] honor, of which he was
made a victim when he was criminally charged, taking into account the family structure and
Jesús María [Valle's] influence within it.” The representatives emphasized that “[h]onor must
be safeguarded in its broadest sense, since an attack on one member of the family extends
to all its members: family honor is part of personal honor and vice versa […]. Thus, any
attack on the reputation of one person becomes an attack on the family.” In addition, the
representatives based this alleged violation on the fact that the Governor of Antioquia at the
time had labeled Jesús María Valle Jaramillo an “enemy of the Army […] in a context of
conflict and [his] constant denunciations of the Army’s collaboration with paramilitary
groups.” Lastly, the representatives alleged that Carlos Fernando Jaramillo Correa and his
next of kin’s right to honor was violated “because […] they have been unable to return to
the place where they have their properties and businesses and, in general, to the way of life
built up with many years of work.” Hence, citing the Ituango Massacres case, as regards the
connection between “deprivation and violation of the right to the use and enjoyment of
property” and “violation of the right to honor and dignity of the population,” the
124
The pertinent part of Article 11 establishes that:
1.
Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or
his correspondence, or of unlawful attacks on his honor or reputation.
[…]
125
Article 1(1) establishes that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to
ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms,
without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national
or social origin, economic status, birth, or any other social condition.