7
iv.
“22 of the Convention, [in relation to Article 1(1) thereof,] with regard to
the direct nuclear family of Carlos Jaramillo Correa”; and
v.
“5 of the Convention, [in relation to Article 1(1) thereof], with regard to
the direct nuclear family of the victims.”
(b) It “partially acknowledged its responsibility for the violation of the right to
judicial guarantees and protection embodied in Articles 8(1) and 25(1) of the
Convention, in relation to Article 1(1) thereof, with regard to Jesús María Valle
Jaramillo, Nelly Valle Jaramillo, Carlos Fernando Jaramillo Correa, and their
respective direct nuclear families, […] considering that judicial proceedings to
sanction all the masterminds and perpetrators, discover the truth of what happened,
and make reparation to some of the victims who are parties to the administrative
proceedings are still underway”;
(c) It indicated that “it had not violated the rights to privacy, freedom of
expression and thought, and freedom of association referred to in Articles 11, 13,
and 16, respectively, of the American Convention, in relation to Article 1(1) thereof,
as the representatives of the alleged victims [alleged],” and
(d) It denied that “the State had fostered an environment of harassment,
persecution, or violation of the rights of the human rights defenders or their
organizations.”
21.
Furthermore, in its answer to the application, the State acknowledged “the facts that
took place on February 27, 1998, with regard to Jesús María Valle Jaramillo, Nelly Valle
Jaramillo and Carlos Fernando Jaramillo Correa […].” In addition, the State specified
whether or not it accepted as true each paragraph of the chapter on the facts in the
application.
22.
Regarding reparations, the State affirmed that:
It had found significant discrepancies between the claims in the application and those in the brief
with pleadings, motions, and evidence […]. Nevertheless, the State indicated that, in good faith,
it had carried out several acts of reparation at the domestic level and that it intended to provide
satisfaction and compensate the alleged victims and their next of kin in order to repair the
damage caused and to guarantee the non-repetition of acts of such significance and impact on
society. In this regard, [it] outline[d] other complementary measures of reparation, consistent
with the case law of the inter-American system, that could be implemented by the State, should
the Court deem them pertinent and order them.
23.
During the public hearing held in this case (supra para. 8), and also in its brief with
final arguments, the State reiterated its “acknowledgement of international responsibility,”
“in the terms of the brief answering the application.”
24.
In addition, the State indicated that:
There are discrepancies between the scope of the Report prepared by the Inter-American
Commission under Article 50 of the American Convention and the scope of the application lodged
before the Court. Nevertheless, the State, in good faith, acknowledge[d] its international
responsibility in the abovementioned terms for [the violation] of several rights regarding which
there is inconsistency between the proceedings before the Commission and the application. […]
The State [also indicated] that the acknowledgement of responsibility by omission with regard to
Jesús María, Nelly Valle Jaramillo, and Carlos Fernando Jaramillo Correa’s next of kin […] was
made in good faith and in observance of the Court's jurisprudence despite that the victims’