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

Select target paragraph3