Castillo; Alfredo Bazán y Rosas; Víctor Manuel Boggiano Bruzzón; Freddy Cáceres Castro; Carlos
Enrique Castro Ramírez; Carlos Eladio Cruz Añez; Patricia Catalina Gallardo Ardúz; Victoria
Gutiérrez Aguilar; Oswaldo Lulleman Antezana; Jenny Paola Lulleman Gutiérrez; Luis Fernando
Lulleman Gutiérrez; Raúl Oswaldo Lulleman Gutiérrez; Julia Mamanu Mamani; Elacio Peña
Córdova; F.E.P.M; Edwin Rodríguez Alarcón; Carlos Álvaro Taboada Valencia; Claudia Valencia
Alarcón; Gabriel Valencia Alarcón; Blas Valencia Campos, and Mercedes Valencia Chuquimia.
145. In addition, the State violated the right to personal liberty in relation to the right to be
brought promptly before a judge or competent authority established in Article 7(5) of the
Convention, in relation to Article 1(1) of this instrument, to the detriment of Jenny Paola Lulleman
Gutiérrez, Luis Fernando Lulleman Gutiérrez, Raúl Oswaldo Lulleman Gutiérrez, Julia Mamanu
Mamani, Edwin Rodríguez Alarcón, Carlos Álvaro Taboada and Gabriel Valencia Alarcón.
146. Furthermore, the State violated the right to personal liberty, in relation to the right to appeal
against the detentions for the court to decide on their lawfulness, established in Article 7(6) of the
American Convention, in relation to Article 1(1) of this instrument, to the detriment of Genaro
Ahuacho Luna, Norma Lupe Alarcón de Valencia, Alfredo Bazán y Rosas, Víctor Manuel Boggiano
Bruzzón, Freddy Cáceres, Carlos Enrique Castro Ramírez, Carlos Cruz Añez, Patricia Gallardo
Ardúz, Victoria Gutiérrez Aguilar, Oswaldo Lulleman Antezana, Elacio Peña Córdova, F.E.P.M.,
Claudia Valencia Alarcón, Blas Valencia Campos and Mercedes Valencia Chuquimia.
B.2. Rights to privacy, inviolability of the home, and family life
147. The Court has established that the protection of private and family life and the home entails
the recognition that a personal sphere exists that must be exempt from or immune to arbitrary
or abusive interference by third parties or public authorities. Thus, the home and private and
family life are intrinsically connected because the home is a space in which private and family life
can be freely developed.216 The Court has also considered that the sphere of privacy is
characterized by being exempt from or immune to arbitrary or abusive interference by third
parties or public authorities.217 In this regard, the home is a space in which private life can be
developed freely.218
148. In addition, the Court has determined that the family – without establishing that this is
represented by any specific model – is the natural and fundamental element of society and has a
right to protection by society and the State. In light of the importance of this right, recognized in
Article 17 of the Convention, the Court has established that the State is obliged to facilitate the
development and strength of the family unit. Thus, it must take positive and negative measures
to protect the individual against unlawful or arbitrary interference in the family and promote
effective respect for family life.219 In addition, the Court recalls that interference in family life is
exacerbated when it has an impact on the rights of children.220 Moreover, the separation of
Cf. Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C No. 148, paras. 193 and
194, and Case of the Barrios Family v. Venezuela, supra, para. 140.
216
Cf. Case of the Ituango Massacres v. Colombia, supra, para. 194, and Case of Pavez Pávez v. Chile. Merits,
reparations and costs. Judgment of February 4, 2022. Series C No. 449, para. 57.
217
218
Cf. Case of the Ituango Massacres v. Colombia, supra, paras. 193 and 194, and Case of Vereda La Esperanza
v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of August 31, 2017. Series C No. 341,
para. 242.
Cf. Case of López et al. v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of November
25, 2019. Series C No. 396, paras. 98 and 99, and Case of Movilla Galarcio et al. v. Colombia. Merits, reparations and
costs. Judgment of June 22, 2022. Series C No. 452, para. 183
219
220
Cf. Case of López et al. v. Argentina, supra, paras. 98 and 99, and Case of Movilla Galarcio et al. v. Colombia,
supra, para. 183.
43