83
176. In this case, the Court considers that it has been proved (supra para.
125(84)) that, during the incursion in El Aro, initiating at the start of their passage
through the municipality of Puerto Validvia, the paramilitary group stole
approximately 800 to 1,200 head of livestock from the farms along the way. It has
also been proved, and acknowledged by the State (supra para. 19), that members of
the Army were aware of the theft and transfer of the El Aro livestock and even
imposed a curfew on the population so that the livestock could be taken away using
the public highway, and that some soldiers benefited from the theft. In addition, the
public authorities failed to assist the civilian population during the theft and transfer
of the livestock in that district.
177. The Court also considers that it has been proved and the State has
acknowledged (supra para. 19) that, before leaving El Aro, the paramilitary group
destroyed and set fire to the majority of the houses in the urban center – only a
chapel and eight homes were saved – (supra para. 125(79)), in order to terrorize the
population and cause its displacement.
178. The Court finds it opportune to underscore the particular gravity of the theft
of the livestock of the inhabitants of El Aro and the surrounding areas. As the
Commission and the representatives have emphasized, from the characteristics of
the district and the daily activities of the inhabitants, it is clear that there was a close
relationship between the latter and their livestock, because their main means of
subsistence was cultivating the land and raising livestock. Indeed, the damage
suffered by those who lost their livestock, from which they earned their living, is
especially severe. Over and above the loss of their main source of income and food,
the way in which the livestock was stolen, with the explicit and implicit collaboration
of members of the Army, increased the villagers’ feelings of impotence and
vulnerability.
179. When examining the scope of the said Article 21 of the Convention in this
case, the Court considers it useful and appropriate, in keeping with Article 29
thereof, to use international treaties other than the American Convention, such as
Protocol II of the Geneva Conventions of August 12, 1949, relating to the protection
of victims of non-international armed conflicts, to interpret its provisions in
accordance with the evolution of the inter-American system, taking into account the
corresponding developments in international humanitarian law. Colombia ratified the
Geneva Conventions on November 8, 1961. On August 14, 1995, it acceded to the
provisions of the Protocol II to the Geneva Conventions.
180. It has been proved, and the State has acknowledged, that the paramilitary
incursion in El Aro, and also the theft of the livestock, happened with the
acquiescence or tolerance of members of the Colombian Army, in the context of the
internal armed conflict (supra paras. 63 and 64). In this regard, the Court observes
that Articles 13 (Protection of the civilian population) and 14 (Protection of the
objects indispensable to the survival of the civilian population) of Protocol II of the
Geneva Conventions prohibit, respectively, “acts or threats of violence the primary
purpose of which is to spread terror among the civilian population,” and also “to
attack, destroy, remove or render useless, for that purpose, objects indispensable to
the survival of the civilian population.”
181. The Court also wishes to record that the right to property is a human right
whose violation in this case is particularly serious. In this regard, the Colombian
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