10
23.
The representatives indicated that the State did not acknowledge its responsibility for
the action or omission of the crime for the “breach of the duties of respect and guarantee in the
attack […] due to the lack of protection despite the risk to his life and personal integrity for the
direct accusations he made against the RP paramilitary group as the perpetrators of the
disappearance of his son-in-law […,] as well as for being killed […] by a member of said
paramilitary structure who had the full support and acquiescence of the security forces stationed
in the south of Cesar”.12
24.
The Commission maintained that the substantive violations that occurred to the
detriment of Mr. Álvarez Sánchez and his next of kin were not covered by the state recognition.
According to the Commission, the different components of State responsibility cover: (a) the
facts of the attack and the resulting physical and mental effects he suffered while he was alive;
(b) that the State was aware of his situation of risk and therefore it concluded the violation of
the duty of prevention in relation to the violation of Article 5 of the Convention; (c) regarding
the violation of the right to life, due to the omissions in protecting the life of Mr. Álvarez
Sánchez, as well as the indications of joint action with an illegal armed group, and (d) the
ongoing impunity in the case due to the lack of investigation of the facts in relation to the
claims relating to the rights to a fair trial and judicial protection with respect to said victim and
his next of kin as of March 2003.
A.4. Regarding the Omeara Miraval, Omeara Álvarez and Álvarez Solano
families
25.
In relation to the events that occurred against the Omeara Miraval, Omeara Álvarez
and Álvarez Solano families, the State acknowledged its international responsibility, in the
following terms:
a)
for the violation of the rights to humane treatment (Article 5) and to protection
of the family (Article 17) of the American Convention, in relation to Article 1(1) of the
Convention, for the damage caused to life plans both individually and at the family level,
and the suffering caused by the violent acts perpetrated against the members of the
Omeara Miraval, Omeara Álvarez and Álvarez Solano families, made up of: Carmen
Teresa, Jaime Antonio, Luis Enrique, Aura Isabel; Noel Emiro; Araminta, Ricaurte,
Eduardo, Zoila Rosa, Liliana Patricia and María, all with the surnames Omeara Miraval;
Elva María Solano de Álvarez; Judith, Miguel Ángel, Héctor Manuel, Clemencia Patricia,
Ana Edith, Fabiola and Juan Carlos, all with the surnames Álvarez Solano, and Elba
Katherine; Manuel Guillermo and Claudia Marcela, all three with the surnames Omeara
Álvarez;
b)
by omission, for the violation of the right to humane treatment (Article 5(1)),
the right to a fair trial (Article 8) and the right to judicial protection (Article 25) of the
American Convention, in relation to Article 1(1) of the Convention; for omission in the
investigation of the alleged acts of threats against personal integrity, to the detriment
of Carmen Teresa Omeara Miraval (hereinafter also “Carmen Teresa Omeara” or
“Carmen Omeara”;
c)
by omission, for the violation of the right of movement and residence (Article
22(1)), the right to a fair trial (Article 8) and the right to judicial protection (Article 25)
of the American Convention, in relation to the Article 1(1) of the Convention; for the
omission of the State in the investigation of the alleged acts of forced displacement of
The State argued that there is no proof of the active or passive participation of state agents in the event,
and that there has been on verification that it was aware of the situation of risk for Héctor Álvarez Sánchez in the
testimony he gave before the Barranquilla Prosecutor's Office.
12