10
37.
The President warns that this reparation measure must be implemented in
accordance with the provisions of Title X of the Interpreting Judgment (supra Having
Seen 2), and resolved that:
44.
In paragraph 227 (g) of the Judgment, the Court noted that the State
undertook to "ensure security in the eventuality that Carlos Fernando Jaramillo
contemplates his return to Colombia on a permanent basis [and] facilitate the returning
process to places of origin of the victims. " In light of these commitments by the State,
in paragraph 231 of the Judgment the Court accepted the State's proposal and ordered
the aforementioned measures as it considered that they are a means to adequately
repair the consequences of the violations set forth in the Judgment, they are in
accordance with the jurisprudence of this Court and represent a positive contribution by
Colombia towards meeting its obligation to repair the damage caused. Therefore,
Operative Paragraph 20, the Court ordered the State to "ensure security if Carlos
Fernando Jaramillo Correa were to contemplate his return to Colombia" and in paragraph
231 set a deadline of one year following notification of the Judgment to fulfill the
measure. Although the term provided for in the Judgment to comply with this measure
is clear, the Court recognizes that compliance by the State implies, in part, that the
beneficiary indicates their willingness to return or not so to Colombia. Therefore, the
Court considers it appropriate to clarify that the State and the beneficiary must agree
within the time stipulated in Operative Paragraph 20 of the Judgment all that is
necessary to ensure compliance with the provisions, if Mr. Jaramillo Correa were to
consider his return to Colombia. The Court notes the uncertainty regarding the date, if
applicable, of return of Carlos Fernando Jaramillo Correa to Colombia could lead to
complications in compliance with this measure. However, the Court considers that, if
problems related to compliance with this requirement within the deadline arise, they
must be resolved within the proceeding to monitor compliance with the Judgment.
38.
Consequently, in accordance with information submitted by the State and the
comments of representatives and the Commission, the President finds it necessary to
have updated information regarding compliance with operative paragraph twenty of
the Judgment.
i) Convening a private audience
39.
In monitoring compliance with the Judgment, the Presidency considers that
further information is required regarding the State's actions to comply with the
operative paragraphs provided for by the Court in its Judgment.
40.
In this case it is appropriate to convene a closed hearing in order for the
Court to receive, in accordance with the provisions of Article 69 of its Rules of
Procedure,7 complete and updated information on the implementation of the
reparation measures provided for in the Judgment and listen to the respective
observations of the Inter-American Commission and the representatives.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions in accordance with
Articles 33, 67, and 68(1) of the American Convention on Human Rights, Article
24(1), 25(1) and 25(2) of the Statue of the Court, and Article 4, 15(1), 31 and 69 of
its Rules of Procedure,
7
Rules of Court passed at its LXXXV Ordinary Session, held from 16 to 28 November, 2009.