98
State’s failure to comply with the obligation to respect and guarantee the rights
embodied in these articles.
*
*
*
235. Based on the foregoing, the Court finds that the State is responsible for the
violation of the rights embodied in Article 22 (Freedom of Movement and Residence)
of the Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof,
to the detriment of the seven hundred and two (702) persons displaced from El Aro
and La Granja, who are indicated in Appendix IV of this judgment.
XIII
ARTICLE 19 OF THE AMERICAN CONVENTION
(RIGHTS OF THE CHILD)
IN RELATION TO ARTICLES 4(1), 5(1) AND 1(1) THEREOF
The Commission’s arguments
236. In relation to the alleged violation of Article 19 of the Convention to the
detriment of the child, Wilmar de Jesús Restrepo Torres, who was 14 years old at the
time of his death, the Commission stated that:
(a)
Article 19 of the Convention, more than a mere interpretative device,
imposes special obligations on the State;
(b)
He was not provided with the special measures of protection that his
situation of ‘vulnerability,’ based on his age, required”; and
(c)
The State agencies specifically responsible for the protection of
children did not intervene to prevent or clarify the events.
The representatives’ arguments
237.
In relation to Article 19 of the Convention, the representatives indicated that:
(a)
Wilmar de Jesús Restrepo Torres was “arbitrarily deprived of his right
to life by the paramilitary group while he was performing agricultural labors.
This paramilitary group acted with the acquiescence and collaboration of
agents of law enforcement bodies”;
(b)
Not only did the Colombian State fail to guarantee the special
measures of protection to which, as a child, Wilmar de Jesús Restrepo Torres
had a right, but it also failed to comply with the obligation to respect them;
(c)
In this case, given the circumstances in which the facts took place, the
provisions of the Convention on the Rights of the Child should be
underscored; they establish special measures of protection for children who
live in areas where there is armed conflict;
(d)
Based on the iura novit curia principle, the Court can rule on the
violation produced with regard to the grandchildren of one of the alleged
victims and “the children who lived in the district of El Aro and who were
obliged to undergo the horror, anguish and suffering of the joint incursion of
the paramilitary group and the law enforcement personnel”;
(e)
The allegations concerning Wilmar de Jesús Restrepo “are applicable to
all the other children who were direct victims of the incursion by the
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