4
that both the representatives and the State have shown during the process of monitoring
compliance with this aspect of the Judgment.7 Likewise, the Court is aware that in the
framework of this dialogue, the representatives expressed that Ms. Nelly Valle Jaramillo
is “in neither the physical nor the emotional state to begin a course of academic study.”8
For its part, the State made known its willingness to “fulfill this reparation measure and
remedy, in some way, the suffering and needs that [this beneficiary] has faced.”9
9.
Regarding the approval of the agreement reached between the parties (supra
Considering Clause 6), the Court takes into consideration the comments made by the
State and the representatives. In this respect and considering the particular needs of Ms.
Nelly Valle Jaramillo, which justifies the request, the Tribunal values that the State has
agreed to allow an alternative reparation measure. Furthermore, the request is based on
the consent, consensus, and good faith that are evident in both parties’ willingness.
10.
Thus, given the specific circumstances described (supra Considering Clauses 8 and
9), and considering the agreement reached between the State and the representatives,
wherein the parties clearly stated the amount of the grant, its beneficiary, and the
method of payment, the Court deems that, under the present monitoring process, the
agreement between the parties is appropriate, as a means of complying with Operative
Paragraph 19 of the Judgment as far as Ms. Nelly Valle Jaramillo is concerned (supra
Considering Clause 6). In this respect, it is the Court's responsibility to continue
monitoring compliance with this measure until it is fully satisfied.
11.
The Court positively values the State and the representatives’ willingness to enter
into dialogue and reach an agreement in order to achieve the alternative compliance of
this aspect of the Judgment, which is a positive contribution on Colombia's behalf in favor
the victims of the present case. Given the agreement implies the adoption of steps or
actions on the part of both the State and the beneficiary to achieve compliance, the
Court requests that the parties provide information on the steps taken to ensure delivery
of the grant to Luis Fernando Montoya, son of Ms. Nelly Valle Jaramillo, in order to
evaluate the possible compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions, in accordance with
Articles 33, 62(1), 67, and 68(1) of the American Convention on Human Rights, Articles
24 and 30 of the Statue, and Articles 31(2) and 69 of its Rules of Procedure,
DECLARES:
7
Cf. Case of Valle Jaramillo et el. v. Colombia. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of December 21, 2010, Considering Clause 33, and Case of Valle
Jaramillo v. Colombia, supra note 1, Considering Clause 37.
8
Cf. Case of Valle Jaramillo et el. v. Colombia. Monitoring Compliance with Judgment. Order of the
President of the Court, supra note 7, Considering Clause 31.
9
Cf. Case of Valle Jaramillo et el. v. Colombia. Monitoring Compliance with Judgment. Order of the
President of the Court, supra note 7, Considering Clause 30, and Case Valle Jaramillo v. Colombia, supra note
1, Considering Clause 34.