X.
XI.
XII.
RIGHT TO PERSONAL INTEGRITY IN RELATION TO THE RIGHT TO HONOR
AND DIGNITY, THE PROHIBITION OF SLAVERY AND SERVITUDE, THE
OBLIGTION TO RESPECT AND GUARANTEE THE RIGHTS OF THE CHILD, THE
RIGHTS OF THE FAMILY, FREEDOM OF CONSCIENCE AND RELIGION,
AND THE GENERAL OBLIGATION TO RESPECT AND GUARANTEE RIGHTS
A.
Violations of the rights to personal integrity and to honor and dignity of María
Eustaquia Uscap Ivoy, owing to the consequences of the rape she suffered
A.1. Arguments of the parties and of the Inter-American Commission
A.2. Considerations of the Court
B.
Violation of the rights to personal integrity, in relation to the prohibition
of slavery and servitude, the obligation to respect and guarantee the rights
of the child and the rights of the family, to the detriment of 17 children
taken from the Community of Rio Negro.
B.1. Arguments of the parties and of the Inter-American Commission
B.2. Considerations of the Court
C.
Violation of the right to personal integrity, in relation to freedom of
conscience and religion, and the right to their own culture of the survivors
of the Rio Negro massacres
C.1. Arguments of the parties and of the Inter-American Commission
C.2. Considerations of the Court
C.3. Alleged violation of Article 16 of the American Convention
RIGHT TO FREEDOM OF MOVEMENT AND RESIDENCE OF THE MEMBERS OF
THE RÍO NEGRO COMMUNITY IN RELATION TO THE OBLIGATION TO
RESPECT RIGHTS
A.
Arguments of the parties and of the Inter-American Commission
B.
Considerations of the Court
B.1. The continuing displacement of the community of Río Negro
B.2. Impossibility of the Río Negro community returning to its
ancestral lands
B.3. Measures adopted by the State to revert the effects of the displacement
B.4
Conclusion
JUDICIAL GUARANTEES AND JUDICIAL PROTECTION UNDER THE AMERICAN
CONVENTION, IN RELATION TO ARTICLE 1(1) THEREOF AND TO ARTICLES I
OF THE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF
PERSONS, 1, 6 AND 8 OF THE AMERICAN CONVENTION TO PREVENT AND
PUNISH TORTURE, AND 7(B) OF THE INTER-AMERICAN CONVENTION ON
THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE
AGAINST WOMEN
A. Arguments of the parties and of the Inter-American Commission
B. Considerations of the Court
B.1. Failure to investigate the massacres that took place in the Río Negro
chapel and at Los Encuentros
B.2. Investigation of the massacres that took place on Cerro Pacoxom
and in Agua Fría
B.2.1
Procedural initiative of the victims
B.2.2
Responsible parties and criminal offense applied
B.2.3
Failure of the military authorities to cooperate by providing
information that would assist in the capture of other
responsible parties
B.3
Investigation of the Xococ massacre
B.4. Exhumations of osseous remains
B.5. Failure to investigate other facts
B.6. Reasonable time for the investigation
B.7. Alleged discrimination due to the failure to investigate the facts
of this case
B.8. Request of the representatives and the Commission that the
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