95
Mosquera, as well as the continuing threats, harassment and assaults that have continued as of the
present time against said defenders and their next of kin.466 The IACHR specifically expresses that it
considers that all of these incidents “are part of a pattern of persecution and lack of protection being
faced by these human rights defenders in the Comuna 13 area of Medellín, Colombia.”467
330. The Commission also considers proven in the matter that concerns us (paragraphs 160166 above) that the historical behavior of illegal armed groups, military operations implemented during
2002, and the gradual entrenchment of the paramilitary forces in Comuna 13 have had a disruptive
effect on civic, social and grass-roots organizations working in defense of human rights in said locality.
The national and international community – including the IACHR – has documented how members and
leaders of these organizations – including the Community Action Boards and a variety of nongovernmental entities such as the AMI – have been the victims of forms of persecution, threats,
arbitrary detentions, illegal searches, and targeted murders because they not played by the rules set by
these groups.468
331. The State has promoted the repetition of these acts by failing to adopt reasonable
measures of prevention, protection, and legitimization of their work as defenders in a known context of
insecurity and armed conflict in Comuna 13. According to prior findings, the Commission reiterates the
need for the Colombian State to urgently adopt measures in order to protect and encourage the work of
women human rights defenders in the context of the armed conflict that has wracked the country. This
gives rise to the obligation of the State to investigate and punish with full urgency and due diligence any
violation of the right to free association as a guarantee of non-repetition, in an effort to put into place
safe conditions for the work of human rights defenders.
332. By virtue of these considerations, the IACHR considers that the State has violated the
right to free association of Ms. Rúa, Ospina, Naranjo, Mosquera, and Yarce, in breach of Article 16 of the
American Convention, in connection with Article 1.1 of the same instrument.
G.
Right to a Fair Trial and Effective Judicial Protection (Articles 8.1469 and 25470), in
connection with Article 1.1 of the American Convention, and Article 7 of the
Convention of Belém do Pará471
466
Also see, for example, IACHR, Press Release, IACHR Condemns Continued Threats and Murders Directed against
Human Rights Defenders and their Families in Colombia, March 7, 2011; see above paragraphs with description of information
received by the Court during the time of effect of the provisional measures in the matter of Mery Naranjo et al and decisions
issued therein.
467
IACHR, Press Release, IACHR Condemns Continued Threats and Murders Directed against Human Rights Defenders
and their Families in Colombia, March 7, 2011.
468
IACHR, Press Release No. 15/03, IACHR Rapporteur Concludes Working Visit to the Republic of Colombia, June 27,
2003; Risk Report N˚ 009-07, Office of the Ombudsman of Colombia, pg. 1; Risk Report N˚ 016-10, Office of the Ombudsman of
Colombia, pgs. 6 and 7; United Nations, Report of the United Nations High Commissioner for Human Rights on the Human Rights
Situation in Colombia, 2002 Annual Report February 24, 2003, par. 46.
469
Article 8.1 of the American Convention provides as follows:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the substantiation of any accusation
of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor,
fiscal, or any other nature.
470
Article 25 of the American Convention establishes that: