37
Jesús María [Valle Jaramillo] not only provided the fundamental financial support for the family
group with whom he lived, but he also helped his other siblings and nephews and nieces, who
were quite numerous.
[…]
All of Jesús María’s siblings, nephews, and nieces suffered morally and mentally due to the strong
ties of affection that they all shared with him.87
124. In a sworn statement, Juan Guillermo Valle Noreña indicated, similarly, that Jesús
María Valle Jaramillo “was always attentive to every problem of all [the family members],
trying to resolve them in the best way possible. [Jesús María Valle Jaramillo w]as always
attentive to the needs of his mother, his father, his siblings; to ensure that they wanted for
nothing, and of […] his nephews and nieces with even more reason.”88
125. In this regard, the Court observes that, although Mauricio Alberto Herrera Valle,
Claudia Helena Herrera Valle, Liliana María Herrera Valle and Berta Lucía Valle Noreña are
nephew and nieces of Jesús María Valle Jaramillo, and the statements referred to above
referred to the suffering that his death caused to his “nephews and nieces,” those
statements are very general and do not authenticate a specific close tie between Jesús
María Valle Jaramillo and Mauricio Alberto Herrera Valle, Claudia Helena Herrera Valle,
Liliana María Herrera Valle and Berta Lucía Valle Noreña, nor do they allow the Court to infer
that the facts of the case allegedly specifically impaired the living conditions of each of
them. The Court therefore finds that a violation of their personal integrity has not been
proved.
126. The Court also observes that the State indicated that “the birth certificate of Gilma
Valle Jaramillo (sister, deceased) was not provided”; it therefore argued that there was no
evidence of “her relationship with Jesús María Valle Jaramillo or the date of her death that
would allow a determination of whether she qualified as an injured party.” In this regard,
the Court notes that in a sworn statement, Guillermo Valle Noreña refers to Blanca Inés
Valle Jaramillo as one of his paternal aunts, clarifying that “everyone knew [her] as
Gilma.”89 In this regard, the witness, Darío Arcila Arenas declared that, for “Gilma, one of
his older sisters, the death of Jesús María [Valle Jaramillo] caused her profound sadness
that lasted several years, until she died of a heart attack.”90 Moreover, the Court observes
that the State included Blanca Inés Valle Jaramillo as a party in the conciliation agreement
arranged at the domestic level (infra, para. 202). Therefore, from the evidence provided
during the proceedings, it is clear that Blanca Inés Valle Jaramillo, also known as “Gilma,”
was Jesús María Valle Jaramillo’s sister, who suffered a grave alteration of her living
conditions as a result of the facts of the case, and who died subsequently.91
127. Based on the above, the Court finds that the State is responsible for the violation of
the right to personal integrity embodied in Article 5(1) of the Convention, in relation to
Article 1(1) thereof, to the detriment of the following next of kin of Jesús María Valle
Jaramillo: Blanca Inés Valle Jaramillo, Juan Guillermo Valle Noreña, John Jairo Valle Noreña
and Luz Adriana Valle Noreña.
87
Statement made by the witness, Darío Arcila Arenas, supra note 85.
88
Statement made by the witness, Juan Guillermo Valle Noreña, supra note 83.
89
Statement made by the witness, Juan Guillermo Valle Noreña, supra nota 83 (folio 2244).
90
Statement made by the witness, Juan Guillermo Valle Noreña, supra nota 83 (folio 2244), and statement
made by the witness, Darío Arcila Arenas, supra note 85
91
858).
Birth certificate of Blanca Inés Valle Jaramillo (file of attachments to the pleadings and motions brief, folio