56
Army filed against Jesús María Valle Jaramillo, and the alleged declaration of the former
Governor of Antioquia that Valle Jaramillo was an “enemy of the Armed Forces” (supra
paras. 30(a), 68, 171, 173, 175 to 177 and 192). As mentioned above, the State
acknowledged the complaint for slander and denied that there was sufficient evidence to
prove the declaration by the departmental authority (supra paras. 30(a), 173 and 194).
196. Regarding the complaint for libel or slander and, as indicated in the preceding
chapter, the Court considers that a judicial proceeding for an offense of this type does not,
in itself, constitute a violation of the accused person’s right to freedom of expression. This is
because anyone who considers that his honor has been harmed has recourse to the judicial
mechanisms that the State has provided for his protection.139 Although this kind of
complaint may be imprudent or frivolous, it does not constitute per se a violation of the
right to freedom of expression of the accused. Rather, in the instant case, an eventual
decision by the judge of the case would have allowed the truth to be established regarding
the allegedly unlawful act that Jesús María Valle Jaramillo publicly denounced; namely, the
supposed connivance between members of the Colombian Army and the so-called
paramilitary groups. To state that the complaint against him for the offense of slander or
libel violated Jesús María Valle Jaramillo’s right to freedom of expression would lead to the
total exclusion of the settlement of such disputes under administrative proceedings.140 In
this regard, the Court reiterates that freedom of expression is not an absolute right and that
it is subject to certain restrictions.141 Consequently, the Court finds that the State did not
violate Article 13 of the Convention to the detriment of Jesús María Valle Jaramillo by
charging him with the offense of slander or libel.
197. Regarding the alleged stigmatization of Jesús María Valle Jaramillo because the
departmental authorities supposedly declared him an “enemy of the Armed Forces,” the
Court has already indicated that this fact has not been proved in the instant case (supra
para. 177). Based on the above, the Court finds that the alleged violation of Article 13 of
the Convention to the detriment of Jesús María Valle Jaramillo has not been proved as
regards the said allegation.
XIII
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)142
198. It is a principle of international law that any violation of an international obligation
that has resulted in harm entails the obligation to repair it adequately.143 All aspects of this
139
Cf. Case of Ricardo Canese, supra note 99, para. 101, and Case of Kimel, supra note 14, para. 55.
140
Cf. Case of Cesti Hurtado, supra note 128, para. 177, and Case of Bueno Alves, supra note 128, para.
122.
141
Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July 2,
2004. Series C No. 107, para. 120; Apitz Barbera et al. (“First Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 131, and Case of
Kimel, supra note 14, para. 54.
142
Article 63(1) of the Convention establishes that:
If the Court finds that there has been a violation of a right or freedom protected by this Convention, the
Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated.
It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the
breach of such right or freedom be remedied and that fair compensation be paid to the injured party.
143
Cf. Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 25; Case of Bayarri, supra note 13, para. 119, and Case of Heliodoro Portugal, supra note 13, para. 217.
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