him to leave the country. Furthermore, they argued that, if Mr. Palacio Urrutia had not
returned because Mr. Correa was President, he would have done so when he left office,
however, he decided not to do so. The Commission did not make specific arguments on
the matter.
D.2. Considerations of the Court
145. The Court has indicated that “the right of movement and residence, protected in
Article 22(1) of the American Convention, is an indispensable condition for the free
development of the person, and considers, inter alia, the right of those legally within a
State to move freely in it, as well as to choose their place of residence. 207 This right can
be violated formally or by de facto restrictions when the State has not established the
conditions or provided the means to exercise it. 208 Said de facto violations may occur
when a person is the victim of threats or harassment and the State does not provide the
necessary guarantees to be able to move freely and reside in the territory in question.
The Court also indicated that failure to conduct an effective investigation into violent
incidents may promote or perpetuate forced displacement or exile.” 209
146. Similarly, the Court has indicated that the granting of asylum in another country
reveals the high level of credibility that the authorities of the State granting asylum
accorded to the claims made by the victims. However, such acknowledgment alone is
not sufficient to affirm that the violation of the right of residence was configured in the
case. This is one more indication to take into account in the set of particular
circumstances of the case. 210 Furthermore, the Court has reaffirmed that the State of
origin’s obligation of guarantee to protect the rights of displaced persons entails not only
the duty to adopt preventive measures but also to provide the necessary conditions to
facilitate a voluntary, dignified and safe return to their usual place of residence or their
voluntary resettlement in another part of the country. As such, their full participation in
the planning and management of their return or reintegration must be guaranteed. 211
147. This Court has also established that, in accordance with Article 13 of the
Convention, the practice of professional journalism cannot be differentiated from
freedom of expression, for which the journalist must be free to exercise his profession
without undue interference from the authorities. Similarly, the Court notes that the
Principles on Freedom of Expression state that “the murder, kidnapping, intimidation of
and/or threats to social communicators, as well as the material destruction of
communications media violate the fundamental rights of individuals and severely restrict
Cf. Case of Ricardo Canese v. Paraguay, supra, par. 115, and Case of Omeara Carrascal et al. v.
Colombia. Merits, Reparations and Costs Judgment of November 21, 2018. Series C No. 368, par. 272.
207
Cf. Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and
Costs. Judgment of June 15, 2005. Series C No. 124, par. 119 and 120, and Case of Omeara Carrascal et al.
v. Colombia. Merits, Reparations and Costs. Judgment of November 21, 2018. Series C No. 368, par. 272.
208
Cf. Case of the Moiwana Community v. Suriname, supra, par. 119 and 120, and Case of Alvarado
Espinoza et al. v. México. Merits, Reparations and Costs. Judgment of November 28, 2018. Series C No. 370,
par. 274.
209
Cf. Case of Vélez Restrepo and family v. Colombia. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 3, 2012. Series C No. 248, par. 161, and Case of V.R.P., V.P.C. et al. v.
Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No.
350, par. 310.
210
Cf. Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs.
Judgment of May 25, 2010. Series C No. 212, par. 149, and Case of Carvajal Carvajal et al. v. Colombia, supra,
par. 190.
211
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