12
collaboration of members of the Army with paramilitary groups.” Consequently, the Court
finds that these alleged facts are still in dispute.
32.
Regarding paragraphs 44 and 50 of the application, the State indicated that it did not
accept them as true, because “they do not deal with the facts, but […] are the
[Commission’s] conclusions when giving an opinion and an interpretation of the preceding
facts, and this corresponds to the Court.”
33.
The State also indicated that the “facts presented by the representatives […] in
paragraphs 6[6].1 to 6[6].8 [of the brief with pleadings and motions] constitute new facts
that do not appear in the Inter-American Commission’s application and, therefore, the State
asks the Court to exclude them from its analysis.”
34.
In this regard, the Court has indicated on many occasions that it is not admissible to
allege new facts that differ from those described in the application, without prejudice to
describing facts that can explain, clarify, or refute those mentioned in the application or
respond to claims made by the plaintiff.13 The Court observes that the factual assumptions
indicated in the said paragraphs 56, 57 and 66(1) to 66(8) of the representatives’ brief refer
to the alleged context or pattern of violations allegedly experienced by human rights
defenders in Colombia at the time of the facts. The Court considers that these alleged facts,
if they are proved to be true, would clarify for the Court the context or the alleged pattern
of violations mentioned by the Commission in its application. Therefore, the Court rejects
the State’s request “to exclude them from its analysis” and finds that they remain in
dispute.
*
*
*
35.
Regarding the legal claims, the Court finds that according to the terms of the State’s
acknowledgement of responsibility, the dispute has ceased with regard to the State’s
international responsibility arising from its “omission in complying with its obligation to
guarantee the rights embodied in Articles 4(1), 5 and 7(1), and 7(2) [of the Convention]
with regard to Jesús María Valle Jaramillo; Articles 5 and 7(1), and 7(2) [of the Convention]
with regard to Nelly Valle Jaramillo[; and] Articles 5, 7(1) and 7(2), and 22 of the American
Convention with regard to Carlos Fernando Jaramillo Correa, all in relation to Article 1(1)
thereof”; as well as for the violation of Article “22 of the Convention [in relation to Article
1(1) thereof], with regard to the direct nuclear family of Carlos Jaramillo Correa,” and
“Article 5 of the Convention, [in relation to Article 1(1) thereof], with regard to the direct
nuclear families of the victims.” Likewise, the dispute has ceased with regard to the State’s
responsibility for the violation of “the rights embodied in Articles 8(1) and 25(1) of the
Convention, in relation to Article 1(1) thereof, with regard to Nelly Valle Jaramillo, Carlos
Fernando Jaramillo Correa, and [their] respective direct nuclear families” and of Jesús María
Valle Jaramillo. Despite the State’s acquiescence, the Court will rule on the alleged violation
of the rights embodied in Articles 8(1) and 25(1) of the Convention, in relation to Article
1(1) thereof, to the detriment of Jesús María Valle Jaramillo in the corresponding chapter
(infra para. 170).
36.
Since the State acknowledged its responsibility “due to [its] omission in complying
with its obligation to guarantee rights” and the Commission and the representatives alleged,
13
Cf. “Five Pensioners” v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series C No.
98, para. 153; Bayarri v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of October 30
2008. Series C No. 187, note 16, and Heliodoro Portugal v. Panama. Preliminary objections, merits, reparations
and costs. Judgment of August 12, 2008. Series C No. 186, para. 228;