61
214. With regard to Jesús María Valle Jaramillo and his next of kin, the representatives
requested that the Court “establish a sum of money […] to compensate their loss of income
resulting from the violations of which they were victims in relation to these facts. To this
end, it should base the calculation on the salary and benefits earned by a judge of a high
court in Colombia.” In addition, the representatives indicated that, “with the exception of
Ligia Valle and the successors of Octavio Valle, Jesús María [Valle Jaramillo’s] next of kin
have expressed their satisfaction with the settlement agreement offered by the State.”
Consequently, the representatives asked the Court to order the State to pay
US$300,000.00 (three hundred thousand United States dollars) to both Ligia Valle Jaramillo
and Octavio Valle Jaramillo, the equivalent to the amount received by each of their siblings,
Luzmila, Nelly and María Magdalena Valle Jaramillo, for pecuniary and non-pecuniary
damage under the settlement agreement. With regard to the indirect damage incurred by
Carlos Fernando Jaramillo and his family, the representatives indicated that the family had
to abandon its home and possessions following the facts sub judice; consequently, they
asked the Court to order the State to “pay, in equity, a sum equivalent to the commercial
value of the properties they had to abandon in the municipality of Ituango,” which, in any
case, should be a minimum of US$1,000,000.00 (one million United States dollars). In
relation to compensation for the loss of earnings suffered by Carlos Fernando Jaramillo and
his family, the representatives asked the Court to establish, in equity, an amount “of at
least US$300,000 [three hundred] thousand United States dollars.” Alternatively, they
asked the Court to order the State to order the acquisition of “the land belonging to the
Jaramillo Correa family in the municipality of Ituango and dedicate it to environmental
programs or programs for the displaced. To this end, negotiators appointed by the victims
should be used, respecting the commercial value of the property before the facts took place
that led to its depreciation owing to the State’s failure to comply with its obligations.”
Should “no agreement be reached in this regard, [the representatives asked the Court to
order the State to grant the family] an area of land appropriate for raising cattle and crops,
similar to the area they possessed in the municipality of Ituango, in another region of the
Department or of the country chosen by the victims.”
215. The State indicated that “it will recognize the compensation that the Court orders for
indirect damage and loss of earnings.” Given that the Council of State had approved a
settlement with some of Jesús María Valle Jaramillo’s next of kin in this case, the State
asked that, “when granting reparation for pecuniary and non-pecuniary damage with regard
to Jesús María Valle Jaramillo, Nelly Valle Jaramillo and their direct nuclear family, [the
Court] consider that the compensation agreed and paid [under the settlement agreement
signed between the State and Nelly Valle Jaramillo and her next of kin and the next of kin of
Jesús María Valle Jaramillo on April 26, 2007] was sufficient and recognize the significant
progress made [by Colombia] concerning reparation in order to adapt to the guidelines
provided by the case law of the inter-American system.”154 Furthermore, the State asked
that it be allowed to deduct from each family member the amount awarded under the
administrative proceedings when paying the reparations ordered by the Court. With regard
to the alleged losses caused to Carlos Fernando Jaramillo and his nuclear family owing to
the presumed loss of properties and possessions, the State argued that: “(i) there is no
causal nexus between the facts of the case and the losses claimed; (ii) moreover, and if the
losses are found to have been proved, the said request is not admissible in light of the
Court’s case law, because it attempts to repair a violation of Article 21, which is not in
discussion in this case, and (iii) if the losses are found to have been proved, […it] asked the
Court to order compensation only with regard to the losses that had been duly proved,
154
Final oral argument on merits and possible reparations and costs submitted by the State during the public
hearing held at the seat of the Inter-American Court of Human Rights on February 6 and 7, 2008.
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