105
of his brother. Any pecuniary compensation in his favor will be distributed in
accordance with paragraph 363 of this judgment.
c)
Concerning the persons detained and obliged to herd livestock
269. The Court considers that the persons who were detained and obliged to herd
livestock under threat of death – a situation examined in the chapter on the violation
of Articles 6 and 7 of the Convention (supra paras. 145 to 168) – suffered fear and
degrading treatment. Consequently, the State has violated Article 5 of the
Convention to the detriment of these persons. On this basis, the Court considers that
the victims of the violation of Article 5 of the Convention, in relation to Articles 6 and
7 thereof, are the persons indicated in Appendix II of this judgment, who have been
identified as victims of the violation of this article.
d)
Concerning the persons who lost their possessions
270. In relation to the alleged violation of Article 5 of the Convention to the
detriment of the persons who lost their possessions in El Aro, the Court considers
that the State failed to respect the physical and moral integrity of these persons,
who suffered immense emotional anguish owing to the loss of their belongings in a
context of extreme violence, which has been examined in the chapter on the
violation of Article 21 of the Convention (supra paras. 172 to 200). On this basis, the
Court considers that the victims of the violation of Article 5 of the Convention, in
relation to Article 21 thereof, are the persons indicated in Appendix III of this
judgment, who have been identified as victims of the violation of Articles 5 and 21 of
the Convention.
271. However, the Court considers that, since they lost their homes and their
possessions, the persons whose houses were destroyed and who were forced to
displace endured particularly severe suffering that merits further attention.
272. In this judgment, the Court has established that the paramilitary group, with
the acquiescence and tolerance of State officials (supra paras. 63 and 64), destroyed
and set fire to most of the houses in El Aro, which resulted in the displacement of its
inhabitants. These acts of violence, particularly the destruction of the houses, were
designed to terrorize the population and force the families to displace from El Aro.
Those who lost their homes in the fires set by the paramilitary group and who were
therefore forced to displace lost all possibility of returning to their homes, because
these ceased to exist. The Court finds that these facts have aggravated the situation
of these persons vis-à-vis other people who were forced to displace, but whose
homes were not destroyed.
273. In similar cases, the European Court of Human Rights has recognized that
such facts can be considered inhuman treatment, which constitutes a violation of
Article 3 of the European Convention on Human Rights.228 In Ayder v. Turkey,229 the
European Court considered that it constituted inhuman treatment that the homes
228
Article 3 ECHR (Prohibition of Torture) establishes: “No one shall be subjected to torture or to
inhuman or degrading treatment or punishment. “
229
and 110.
Cf. Eur.C.H.R., Ayder et al v. Turkey, No. 23656/94, Judgment of 8 January 2004, paras. 109
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