108 individually identified in this proceeding: Carmen Johanna Jaramillo Giraldo, Gustavo Caicedo Contreras, Maryuri Caicedo Contreras, Rusbel Asdrúbal Martínez Contreras and the Valencia Sanmiguel siblings, that is, Nadia Mariana, Yinda Adriana, Johanna Marina, Roland Andrés and Ronald Mayiber. XII INTERNAL DISPLACEMENT OF THE NEXT OF KIN OF THE VICTIMS (ARTICLE 22(1) OF THE AMERICAN CONVENTION IN COMBINATION WITH ARTICLES 4(1), 5(1), 19 AND 1(1) OF THAT CONVENTION) Pleadings of the Commission 164. The Inter-American Commission did not allege violation of Article 22(1) of the American Convention in the application, but it referred to the situation of displacement faced by the next of kin of the victims, in its pleadings on the abridgment of Articles 5, 8(1) and 25 of the Convention. Nevertheless, in its final written pleadings it pointed out that “the facts acknowledged by the State substantiate its international responsibility both for the violation of Articles 4(1), 5(1) and (2) and 7 (1) and (2) of the American Convention to the detriment of approximately 49 fatal victims […] and for lack of due judicial elucidation of the facts, reparation of their effects, and consequent abridgment of Articles 8(1), 19, 22, 25 and especially 1(1), which are still part of the dispute.” Pleadings of the representatives 165. The representatives argued that, in view of the domestic displacement forced upon the next of kin of the victims that they represent, the State is responsible for violating Article 22(1) of the American Convention. They specifically based their request on the following reasons: a) the rights of movement and of residence of the alleged victims and their next of kin were breached in three ways: i. during the days when the paramilitary occupied Mapiripán, they kept the inhabitants imprisoned in their houses while they carried out their plan of detention, torture, murders and disappearances; furthermore, the State did not take steps to rescue the victims of the massacre or their next of kin; ii. due to the massacre and the State’s inaction, all the next of kin of the alleged victims were forced into displacement. The residents of the town had to abandon their homes, their jobs and their community, and were displaced. The population of Mapiripán declined from roughly 3000 individuals to approximately 135 families; iii. six years after the massacre, the State has not ensured the necessary security conditions, given the public order situation in Mapiripán, for the next of kin of the alleged victims to return to their

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