5
it stated that on November 17, 2009 the Fourth Criminal Court of Specialized
Medellín Circuit declared that the criminal proceedings had terminated, and the
whole procedure for one of the accused had been suspended after dying on October
7, 2009. Furthermore, it reported that the proceeding is before the High Court of
Medellín, in the Criminal Chamber, in virtue of an appeal presented by the
representatives of the victims against a nullity request proposed by the Office of the
Public Prosecutor. Finally, it reported that the Fifth Specialized Prosecutor General of
the Human Rights Unit and International Humanitarian Law was conducting Criminal
Proceeding No. 2100 to identify other persons responsible for the murder of Jesús
María Valle Jaramillo.
11.
The representatives noted, regarding review proceeding No. 29075, that it
was admitted more than two years ago without any outcome to date. Furthermore, it
observed, with respect to the Criminal Procedure No. 2009-0184, that on September
17, 2010 one of the accused was sentenced to 300 months in prison for the
aggravated murder of Jesús María Valle Jaramillo, a decision that was appealed by
the defendant, as a result of which the decision is still not definitive. They stressed
that more than 12 years after the murder of a human rights defender, justice has
not prevailed, which facilitates that the possible perpetrators, prosecuted or not, die
of natural causes without receiving the sentence that corresponds to the crime
committed.
12.
The Commission noted that the information provided by the State does not
make it possible to asses in detail whether investigations are being conducted with
the necessary due diligence to identify and possibly punish those responsible.
Accordingly, it requested the Court to request the State to submit more detailed
information on investigations, so that concrete progress since the issuance of the
Judgment can be assessed.
13.
The President believes it is necessary to obtain complete and current
information on all the actions taken in connection with the investigation of the facts,
including the presentation of a copy of the steps taken and an explanation of existing
investigations in the proceeding. The President also believes it necessary to receive
up-to-date information on the outcome of the appeal filed by the person convicted on
17 September 2010 to 300 months in prison for the aggravated murder of Jesús
María Valle Jaramillo.
c) Regarding operative paragraph fourteen of the Judgment
14.
Regarding the State's obligation to publish in the Official Gazette and another
newspaper that is widely circulated nationally, on a sole occasion, certain paragraphs
of the Judgment, and the operative part thereof (operative paragraph fifteen of the
Judgment), the State reported that the publication in the Official Gazette of the parts
of the Sentence so ordered by the Court was completed on July 29, 2009 and it
provided a copy of the publication. Regarding the publication in a widely circulated
national newspaper, it indicated that on July 15, 2009 an alternative document to
the paragraphs specified in the Judgment was sent to the representatives to arrange
the publication of a document which can be more readily understood by the general
public. It noted that, after receiving no response, it initiated the respective
administrative processes to publish the paragraphs that were set forth by the Court
in an offprint in a newspaper that is widely circulated nationally.