45
153. Specifically, the Court considers that the indiscriminate and permissive use of
judicial remedies such as the appeal for legal protection, which has been used as a
pillar of impunity, along with the unjustified and deliberate delay by the judicial
authorities, as well as the lack of a complete and thorough investigation of all of the
facts of the massacre, have prevented the investigation, prosecution, and eventual
punishment of those allegedly responsible. Based on the previous considerations
and on the State’s partial recognition of responsibility, the Court finds the State
responsible for the violation of Articles 8(1) and 25(1) of the Convention, in relation
to Article 1(1) thereof, and for the obligations established in Articles 1, 6, and 8 of
the CIPST and 7(b) of the Convention of Belém do Pará, to the detriment of the 155
victims of the instant case, in their corresponding circumstances.
154. Likewise, the Court finds the State responsible for noncompliance with
Articles 1(1) and 2 of the American Convention, due to the lack of adoption of both
legal and practical measures to guarantee the effectiveness of the appeal for legal
protection.
IX
ARTICLES 17163 (RIGHTS OF THE FAMILY),
164
(RIGHT TO A NAME) AND 19165 (RIGHTS OF THE CHILD) OF THE AMERICAN
18
166
THEREOF
CONVENTION, IN RELATION TO ARTICLE 1(1)
155. In this chapter the Court will analyze the alleged violation of the rights of the
family, right to a name, and rights of the child, recognized in Articles 17, 18, and 19
of the Convention, to the detriment of Ramiro Osorio Cristales.
156. First, the Court deems it necessary to refer to the situation of the other child
survivor of the massacre, Salomé Gómez Hernández, for whom the representatives
claimed the violation of the rights of the child recognized in Article 19 of the
American Convention, inter alia, given that the State did not provide him with “the
special protective measures given his condition as a minor […]” and for the “pain
caused by witnessing the facts of the massacre [and having been] obligated to live in
extreme poverty.” However, the Court considers that the facts related to the
arguments of an independent violation of Article 19 of the Convention in detriment of
Salomé Gómez Hernández, fall within the right recognized in Article 5 of said
instrument, in relation to Articles 1(1) and 19 thereof, which will be analyzed in the
following chapter. Consequently, the Court will not address that violation in this
section of the Judgment.
157. Regarding Ramiro Osorio Cristales, the representatives claimed the violation
of the rights of the family and the right to a name, enshrined in Articles 17 and 18 of
the American Convention, given that “he was forced to live […] with a family that was
not his own and with a name different from that given to him by his parents” and “a
different name was imposed on him, thus affecting his identity”. Additionally, they
163
In this regard, Article 17(1) indicates that “[t]he family is the natural and fundamental group unit
of society and is entitled to protection by society and the state.”
164
Article 18 establishes that “[e]very person has the right to a given name and to the surnames of
his parents or that of one of them. The law shall regulate the manner in which this right shall be ensured
for all, by the use of assumed names if necessary.”
165
Article 19 establishes that “[e]very minor child has the right to the measures of protection
required by his condition as a minor on the part of his family, society, and the state.”
166
Cf. Article 1(1), supra note 41.
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