3
4. Violating the right to life and the right to humane treatment established in
Articles 4(1), 5(1), and 19 (Rights of the Child) of the American Convention in
conjunction with Article 1(1) of the same instrument to the detriment of the
following minors: Marcos Neite (5), Erinson Olimpo Cárdenas (9), Ricardo Ramírez
(11), Hilda Yuraime Barranco (14), Lida Barranca (8), Yeimi Viviana Contreras (17),
Maryori Agudelo Flórez (17), Rosmira Daza Rojas (17), and Neftalí Neite (17).
5. Violating the right to property established in Article 21(1) and (2) of the
American Convention in conjunction with Article 1(1) of the same instrument to the
detriment of the victims, who were robbed of their belonging, and the survivors
living in the Santo Domingo district, whose homes and belongings were destroyed or
taken from them.
6. Violating the right to freedom of movement and residence established in Article
22(1) of the American Convention in conjunction with Article 1(1) of the same
instrument to the detriment of those who moved away from the Santo Domingo
district.
7. Violating the rights to a fair trial and to judicial protection established in Articles
8(1) and 25 of the American Convention in conjunction with Article 1(1) of the same
instrument to the detriment of the victims wounded and the family members of the
victims listed in Annex 1 to the Report on the Merits.
8. Violating the right to humane treatment established in Article 5(1) of the
American Convention in conjunction with Article 1(1) of the same instrument to the
detriment of the family members of the victims listed in Annex 1 to the Report on
the Merits.
With regard to the identification of the victims of the violations to the rights to
freedom of movement and residence, and to property, because of the very nature of the
facts of the case the Commission was unable to obtain accurate information that would
enable it to specifically name all the victims of these violations. Given the intrinsic
characteristics of the violations established, as well as the displacement and its
consequences, the Commission gave special consideration in its merits report to the need
to apply a broad understanding of the definition of victims, and to the need for the
Colombian State to have a reparation measure that recognizes the community impact of
the facts of the case.
In this regard, the Commission informs the Court that in a communication submitted
after the issuance of the merits report, the representatives of the victims: i) considered
that the victims of the violation to the right enshrined in Article 22 of the American
Convention are all of the inhabitants of Santo Domingo who, “on December 13, 1998
were obliged to abandon the town”; 1 and ii) specified other people as victims of violations
to the rights to property, 2 to a fair trial, to judicial protection, and to mental and moral
integrity. 3
1
See Appendix 1. File with the Commission. Communication from the petitioners of June 3, 2011.
See Appendix 1.File with the Commission. Communication of the petitioners of June 3, 2011. CD
attached. The victims of this violation named by the petitioners after the report on the merits was issued are:
Nelcy Moreno Lizarazo, Irma Nelly Carrillo Mora, Nelcy Carrillo Mora, Marleni Carrillo Mora, Ana Mirian Duran
2
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