10
militia associated with the guerrilla organizations. Several neighborhoods of Comuna 13 had a prolific
social and community movement that denounced the collusion between the official forces and the
paramilitary groups, which was made clear with the plans to legalize the Cacique Nutibara Bloc and
establish its new center of operations in Comuna 13.
40.
The petitioners further allege noncompliance with the obligation not to suspend nonderogable rights, provided for in Article 27 of the American Convention. They contend that at the time
the alleged violations occurred, President Uribe had decreed a state of emergency throughout
Colombian territory on August 11, 2002. They consider that the State violated Article 27 of the
American Convention not for declaring a state of internal commotion (estado de conmoción interior),
but for suspending rights that could not be suspended in carrying out the measures taken in the context
of that decree. They state specifically that under those circumstances, the national government
authorized the Army and the police to exercise judicial police functions, authorities not given them by
law; despite repeated complaints, the national government took no steps to put an end to the
systematic unlawful searches, murders, disappearances and forced displacements in an area under the
complete control of the State’s security forces. They maintain that even in the direst of circumstances,
the State has an obligation to respect the most elementary standards of legality and proportionality that
ensure proper observance of human rights, which did not happen in this case.
Case 12.595 – Specific allegations - Miryam Eugenia Rúa Figueroa et al.
41.
Ms. Miryam Eugenia Rúa Figueroa served as Chair of the Community Action Board and
since 1989 had been a community leader in the Barrio Nuevo sector, San Javier La Loma in Comuna 13.
She lived in a house she owned, with her partner, Gustavo de Jesús Tobón, and her three children, all
minors at the time: Bárbara del Sol Palacios Rúa, Úrsula Manuela Palacios Rúa, and Valentina Estefanía
Tobón Rúa.
42.
The petitioners report that Mrs. Rúa Figueroa was told by a neighbor in Barrio Nuevo –
La Loma that her name was on a list of persons that the paramilitaries planned to assassinate.
Therefore, on June 26, 2002, she left the neighborhood with her daughters and her partner. They left
their home without anything, save for some articles of clothing for the daughters. They had no place to
go and no money to pay rent in another neighborhood. However, they found shelter in the home of
family members who lived in the Municipality of Bello. The petitioners state that Mrs. Rúa and her
family have been displaced ever since and have been unable to return to the neighborhood because of
the difficult security situation in the area. The petitioners state that they know of a number of people
who have returned to the neighborhood only to be disappeared or found dead elsewhere in the city of
Medellín. Such stories prevent Mrs. Rúa from returning to her neighborhood indefinitely.
43.
The petitioners state that thereafter, on June 27, 2002, there was an outbreak of
paramilitary violence everywhere in the area. Informed by her neighbors, Mrs. Rúa learned that her
home had been taken over as it was known to be the home of the Chair of the Community Action Board.
The petitioners allege that the house was destroyed gradually and piece by piece; the furnishings in it
were taken, as were all the parts of the structure (windows, doors, toilet, etc.).
44.
Having been forcibly displaced and exposed to great danger because of the office she
held, Mrs. Rúa Figueroa had no alternative but to resign as chair of the Board. And while she never
officially notified the Office of the Mayor of Medellín that she had decided to resign, she was
nonetheless replaced by the person who had been the Board’s Vice Chair.