Colombian State violated Víctor Manuel Isaza Uribe's rights to juridical personality, life, humane treatment, and personal liberty recognized at Articles 3, 4, 5, and 7 of the American Convention, taken in conjunction with the obligations established in Article 1(1) and 2 thereof. 140. The violation of the obligation established in Article 2 of the American Convention has to do with the fact that at the time that the events began there were in force a legal framework connected with the establishment and strengthening of paramilitary groups with state encouragement and a legal framework to do with the identification of trade unionists as internal enemies. 141. The Commission also concludes that the State violated Article I (a) of the Inter-American Convention on Forced Disappearance of Persons.100 B. 142. Right to freedom of association (Article 16 of the American Convention) Article 16 of the American Convention provides: Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes. 143. The Court has held: “These words establish literally that those who are protected by the Convention not only have the right and freedom to associate freely with other persons, without the interference of the public authorities limiting or obstructing the exercise of the respective right, which thus represents a right of each individual.” It added that, “they also enjoy the right and freedom to seek the common achievement of a licit goal, without pressure or interference that could alter or change their purpose.”101 144. The Court has determined that the right to form trade unions and to collectively pursue protection of labor rights is protected by freedom of association. This freedom translates into the ability to constitute labor union organizations, and to set into motion their internal structure, activities and action program, without any intervention by the public authorities that could limit or impair the exercise of the respective right. It also supposes that each person may determine, without any pressure, whether or not she or he wishes to form part of the association.102 145. In addition to recognizing the autonomy and independence of labor unions and allowing free exercise of union rights, States must also ensure that human life and personal safety are fully respected when an individual exercises his or her union activities.103 146. The ILO Committee on Freedom of Association has stated that: Freedom of association can only be exercised in a situation in which fundamental human rights are fully guaranteed and respected, particularly those related to the life and safety of the individual.104 With regard to the Inter-American Convention on Forced Disappearance of Persons, the Commission notes that the State of Colombia ratified that instrument on April 12, 2005. Therefore, bearing in mind the aforementioned characteristics of the crime of forced disappearance of persons, the State bears responsibility for violation of the rights established in that Convention, following its ratification thereof and in connection with those cases of forced disappearance that still persist in time. 100 101 I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of February 2, 2001. Series C No. 72, pars. 156 and 159. Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment March 3, 2005. Series C, No. 121, par. 69. 102 I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of February 2, 2001. Series C, No. 72, par. 156. 103 IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.Doc 66, párr. 258. 104 ILO. Decisions of the Committee on Freedom of Association: 233rd Report, Case No. 1233 (El Salvador), para. 682; 238th Report, Case No. 1262 (Guatemala), para. 280; 239th Report, Cases Nos. 1176, 1195 and 1215 (Guatemala), para. 225, c); 294th Report, Case No. 1761 (Colombia), para. 726; 259th Report, Cases Nos. 1429, 1434, 1436, 1457 and 1465 (Colombia), para. 660; see also UN [continues …]

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