were no records showing that C.A., B.A. and her children had gone to Mexico, other than
the record of B.A.’s departure to Mexico in 2002. It added that there is evidence that she
was back in the country in 2005. Therefore, a contradiction existed between what the
representatives stated, and what really happened, since the representatives were not
telling the truth. The State also held that the alleged victims could not claim the violation
of Article 22 of the American Convention since they had refused the protection offered by
the State. As to the alleged violation of their right to personal integrity due to the
supposed displacement suffered, the State argued that it “cannot be held responsible for
the decisions taken by the family in search of better conditions.”
B) Considerations of the Court
165. The Court has stated that freedom of movement is an essential condition for the
free development of a person. 269 The Court also agrees with the position expressed by the
United Nations Human Rights Committee in General Comment No. 27, which establishes
that the right of movement and of residence consists, inter alia, of the following: a) the
right of all those who are lawfully within a State to move freely within it, and to choose
their place of residence, and b) the right of a person to enter his or her own country and
to remain in it. Furthermore, the enjoyment of this right does not depend on any
particular purpose or reason for the person wishing to move around or remain in a
place. 270 Similarly, the Convention protects a person’s right not to be forcibly displaced
within a State Party, and not to be expelled from the territory of the State in which he or
she is lawfully present. 271
166. The Court has pointed out that the rights to freedom of movement and residence
may be violated either formally or by de facto restrictions, if the State has not established
the conditions or provided the means to exercise these rights. 272 This occurs, for example,
when a person is the victim of threats or harassment and the State does not provide the
necessary guarantees to ensure that he can move around and live freely in the territory
concerned, 273 even when the threats and harassment originate from non-state actors. 274
Similarly, the Court has indicated that the failure to effectively investigate acts of violence
can propitiate or perpetuate exile or enforced displacement. 275
167. Furthermore, in agreement with the international community, the Court has
reaffirmed that the obligation of the State of origin to protect the rights of displaced
persons involves not only the duty to adopt measures of prevention, but also to provide
the conditions required to allow for a voluntary, dignified and safe return to their usual
place of residence or their voluntary resettlement in another part of the country. To this
end, their full participation in the planning and management of their return or reinsertion
must be guaranteed. 276
269
Cf. Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and Costs.
Judgment of June 15, 2005. Series C No. 124, para. 110, and Case Barrios Family v. Venezuela. Merits, Reparations
and Costs. Judgment of November 24, 2011. Series C No. 237, para. 162.
270
Cf. Case of the Moiwana Community v. Suriname, supra, para. 110, and Case of Ricardo Canese v.
Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004. Series C No.111, para 115. See, United
Nations Human Rights Committee, General Comment No. 27 of November 2, 1999, paras. 1, 4, 5 and 19.
271
Cf. Case of the Mapiripán Massacre supra, para. 188, and Case of the Afro-descendant Communities
Displaced from the Cacarica River Basin (Operation Genesis) v. Colombia. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 20, 2013. Series C No.270, para. 219.
272
Cf. Case of the Moiwana Community v. Suriname, supra, paras. 119 and 120, and Case of the Río Negro
Massacres v. Guatemala, Preliminary Objection, Merits, Reparations and Costs. Judgment of September 4, 2012.
Series C No. 250, para. 175.
273
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para 139, and Case of the Río Negro Massacres v.
Guatemala, supra, para 175.
274
Cf. Case of the Barrios Family v. Venezuela, supra, para. 162.
275
Case of the Moiwana Community v. Suriname, supra, paras. 119 and 120, and Case of Vélez Restrepo and
Relatives v. Colombia, supra, para 220.
276
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits, Reparations and Costs.
Judgment of October 25, 2012.Series C No. 252, para. 188, and Case of the Afro-descendant Communities Displaced
from the Cacarica River Basin (Operation Genesis) v. Colombia, supra, para. 220.
52
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