9
victims, the President considers it necessary to have updated information in this
regard so that the Court has the elements needed to evaluate the compliance of this
reparation measure.
a) Regarding operative paragraph twenty
34.
With regard to the obligation to ensure security in the eventuality that Carlos
Fernando Jaramillo Correa considers his return to Colombia (operative paragraph
twenty of the Judgment), the State reiterated its willingness to comply with this
reparation measure, hence it indicated that it is currently waiting for Mr. Carlos
Fernando Jaramillo Correa to state his intention to return to the country in order to
agree with him all that be necessary to ensure fulfillment of the rulings of this Court.
35.
Representatives noted that the State has always insisted that Mr. Carlos
Fernando and his family must first inform whether they wish to return to Colombia to
then guarantee the appropriate security measures. They stated that the reasons to
fear for the lives of victims still exist, and that the State has not taken effective
measures to truly transform the difficult conditions in the municipality of Ituango.
Consequently, they requested the Court to not limit the time that Mr. Jaramillo
Correa and other refugee relatives in Canada can request security from the State to
return to their places of origin.
36.
The Commission noted the willingness expressed by the State to comply with
this reparation measure and was awaiting information from the representatives of
the victims.
to study or learn a trade." Thus, although the Court took into account the State's commitment to
"manage" a scholarship, in the Judgment it ordered the State to "grant" - not just manage - a scholarship
for Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa to study or learn a trade. Therefore, the
obligation of the State is not merely means based, but results based. Consequently, the interpretation
request lodged by the State is inadmissible as it fails to meet the requirements of the American
Convention and the Rules of the Court.
37.
As for consulting the State as to whether it would be possible to give beneficiaries a financial
subsidy to comply with this measure, it is clear that what the Court ordered in Operative Paragraph 19
was "to award Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa [ ...] a scholarship to study or
learn a trade. " However, the Court observes that Article 227 of the Judgment states that the State
undertook to carry out this measure of reparation "after consultation with the victims." Therefore, the
Court considers that the consultation relates to matters that are best treated by the State directly with the
victims and, in turn, by the Court in the monitoring compliance process of the Judgment.
38.
With respect to consultation with the State over the time from which to start counting the time
period to fulfill this obligation, the Court finds that the Judgment is clear when setting forth in Operative
Paragraph 19 that the State must comply with this obligation "within one year following notification of the
Judgment." However, the Court notes that this obligation by the State implies, in part, that the
beneficiaries take certain actions aimed at exercising their right to this reparation measure. Therefore, the
Court considers it appropriate to clarify that the term stipulated in Operative Paragraph 19 of the
Judgment applies to the adoption of measures or actions by both the State and the beneficiaries to finalize
compliance with the provisions.
39.
As for the consultation of representatives as to whether the scholarship for Carlos Fernando
Jaramillo Correa may be granted in Canada, his current place of residence, the Court notes that Operative
Paragraph 19 the Court referred to paragraph 227 of the Judgment, which states that the State offered to
undertake to manage "a scholarship offered in Colombia." Therefore, as can be seen from reading the
Judgment, and considering that the State is obliged to abide by the decisions of the Tribunal, it is clear
that the granting of this scholarship must be done through educational institutions in Colombia.
40.
With regard to the consultation of representatives on whether the respective scholarships for
Carlos Fernando Jaramillo Correa and Nelly Valle Jaramillo can be transferred to their children, the Court
deems that Operative Paragraph 19 is clear when ruling that the scholarship is granted to Mr. Jaramillo
Correa and Mrs. Valle Jaramillo.