right to freedom of thought and expression through the analysis of its two dimensions: the individual and the
social. In this respect, the Court has indicated that those who are protected under the Convention have not
only the right and freedom to express their thoughts, but also the right and freedom to seek, receive, and
disseminate information and ideas of all kinds.517
272. The Commission has held that this right can be infringed when human rights defenders are victims of
aggression, threats, and harassment.518 This, because such occurrences can silence or intimidate those who
exercise their right to express themselves critically or to lodge complaints of alleged human rights
violations.519
273. In terms of the right to personal integrity, the State has the obligation to adopt the measures necessary
to prevent physical and psychological assaults, threats, and harassment used in order to diminish the physical
and mental capacity of human rights defenders.520 The Commission has stated that such elements not only
compromise their right to physical integrity, but also their mental and moral integrity.521 This, insofar as such
[proceedings] produce anguish, fear, and insecurity.522
2.
Probative value of the facts described
274. Regarding the allegations of violence, threats, and harassment against CAJAR members, the Commission
has identified three sets of facts, as evidenced in the section on findings of fact: (i) facts alleged for which there
is some proof they occurred; (ii) facts alleged that were reported to domestic authorities; and (iii) facts alleged
and described by the petitioners in their communications to the IACHR.
275. The IACHR notes that, by their very nature, the acts of violence, threats, and harassment alleged in this
case are difficult to prove. Accordingly, the Commission believes it is necessary to examine all of the
information in the case file together and not strive to determine the probative value of each occurrence
separately.
276. The IACHR first believes there are similarities between the acts of violence, threats, and harassment
targeting CAJAR members. Second, the Commission notes that there are also similarities between those acts
and the specific context of CAJAR, as indicated earlier in this report. Third, the IACHR observes that CAJAR’s
specific context can be framed within the general context of human rights defenders in Colombia, as
established in the previous section. Added to this, many of the facts alleged were reported to judicial entities.
As indicated earlier, such reports have not been duly investigated.
277. The foregoing relates the multiple facts alleged to one another and, moreover, examines them in light
of the more general context the Commission has been monitoring since the 1990s, as well as concurrently, in
the timeframe in which they took place according to the descriptions made in the section on finding of facts.
Based thereon, and with the added fact of the State’s failure to adequately shed light on the facts, the
Commission considers that it has been sufficiently proven that in recent decades, the members of CAJAR
suffered a series of acts of violence, harassment, and threats that, by their nature were tied to the human rights
defense work done by that organization, impairing the members’ personal integrity, freedom of expression,
and freedom of association.
3.
Analysis of attribution of responsibility
278. In its first judgment in a contentious case, the Inter-American Court indicated the following:
I/A Court H.R. Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations, and Costs. Judgment of July 2, 2004.
Series C No. 107, paragraph 108.
518 IACHR, Report No. 88/10, Case 12.661, Merits, Néstor José and Luis Uzcátegui et al., Venezuela, October 22, 2010, paragraph 288.
519 IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, December 31, 2011, paragraph 98.
520 IACHR, Report No. 86/13, Cases 12.598, 12.596, and 12.621, Merits, Ana Teresa Yarce et al. (Comuna 13), Colombia, November 4, 2013,
paragraph 217.
521 IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, December 31, 2011, paragraph 119.
522 IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, December 31, 2011, paragraph 119.
517
52