23
rights defender in Antioquia who, as of 1996, had been systematically denouncing what he
considered the arbitrary actions and excesses of paramilitary groups,” particularly in the
municipality of Ituango. The State accepted that, on February 27, 1998, two armed men
[entered] Mr. Valle Jaramillo’s office in Medellín and shot him with a pistol, killing him
instantly. Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa were also present, and
were tied up and later threatened with firearms, following which the armed men told Mr.
Jaramillo Correa, “we will spare your life, but you haven’t seen us,” and left.
71.
Based on this acceptance of facts, the State acknowledged its international
responsibility by omission for failing to comply with its obligation to guarantee rights, for the
violation of the right to life established in Article 4(1), in relation to Article 1(1), of the
Convention, with regard to Jesús María Valle Jaramillo, as well as for the violation of the
rights to humane treatment and to personal liberty established in Articles 5 and 7,
respectively, of the American Convention, to the detriment of Jesús María Valle Jaramillo,
Nelly Valle Jaramillo, Carlos Fernando Jaramillo Correa, and “their direct families.” Despite
this acknowledgment of responsibility, the State also indicated “that it had been established
in the domestic criminal investigations that Jesús María Valle Jaramillo’s murder ‘[…] was
the result of a joint action of the Self-defense Forces of Córdoba and Urabá, the Selfdefense Forces of Ituango, and the Self-defense Forces of the eastern part of the
Department of Antioquia, […] illicit armed groups […] present in the Municipality of Ituango,
[that] the State’s armed forces were fighting against both before and after Mr. Valle
Jaramillo’s extrajudicial execution.’” Hence, the State affirmed that “[i]t is evident that […]
by omission, it failed to comply with its negative obligation; that is, to ensure that [Jesús
María Valle Jaramillo] did not die at the hands of third parties.” Nevertheless, the State
“[did] not accept that the murder of Jesús María Valle Jaramillo [had taken place] within a
general pattern of violence against human rights defenders in Colombia,” or that the
denunciations filed by Mr. Valle Jaramillo made him a “victim of persecution and harassment
by State agents, civil and military authorities,” that ultimately led to “his execution by
paramilitary groups.” To the contrary, the State indicated that it had adopted a series of
measures through different State entities intended to promote the activities and the
protection of human rights defenders.
72.
In order to analyze Colombia’s international responsibility for the violation of Articles
7, 5, and 4 of the Convention, in relation to Article 1(1) thereof, the Court deems it
pertinent to structure this chapter as follows: (a) context and international responsibility of
the State under the Convention; (b) measures of protection due to human rights defenders
such as Jesús María Valle Jaramillo, who are especially vulnerable; (c) the violation of Jesús
María Valle Jaramillo’s right to personal liberty, to humane treatment, and to life; (d) the
violation of Nelly Valle Jaramillo and Carlos Fernando Jaramillo Correa’s right to personal
liberty and humane treatment; and (e) the violation of the right to humane treatment of the
other alleged victims.
A)
Context and international responsibility of the State under the Convention
73.
As part of its acquiescence, the State acknowledged that Jesús María Valle Jaramillo
was a well-known human rights defender. According to the evidence provided, and as
established by the Court in the case of the Ituango Massacres,27 as of 1996 and until the
time of his death, Jesús María Valle Jaramillo actively denounced the crimes perpetrated by
paramilitary elements, as well as the collaboration and acquiescence between the latter and
members of the National Army.
74.
The Court considers it pertinent to make some observations on the phenomenon of
27
Cf. Case of the Ituango Massacres, supra note 21, paras. 125(55) to 125(57).