13
Convention, for the attack and subsequent death of the Mr. Omeara Carrascal, and (b) for the
violation of judicial guarantees of a fair trial and judicial protection (Articles 8 and 25) of the
American Convention, in relation to 1(1) of the same instrument, to the detriment of his next
of kin, in the terms indicated in paragraph 16).
33.
Regarding Manuel Guillermo Omeara Miraval: (a) for the forced disappearance and
execution (Articles 3, 4, 5 and 7) of the American Convention, in relation to Article 1(1) of the
same instrument, and (b) for the violation of the rights to humane treatment, a fair trial and
judicial protection (Articles 5, 8 and 25) of the American Convention, all in relation to Article
1(1) of the Convention; and the obligation to investigate with due diligence alleged acts of
torture and other cruel, inhuman and degrading treatment or punishment, established in the
ICPPT (Article 8), in relation to the general obligation established in Article 1(1) of the same
Convention, to the detriment of the next of kin of Mr. Omeara Miraval.
34.
Regarding Héctor Álvarez Sánchez: (a) for the failure to investigate the violation of the
rights to life and humane treatment (Articles 4 and 5) of the American Convention, and (b) a
fair trial and judicial protection (Articles 8 and 25) of the American Convention, in relation to
Article 1(1) of the Convention, pursuant to paragraph 22.
35.
Regarding the members of the Omeara Miraval, Omeara Álvarez and Álvarez Solano
families: (a) for the violation of the rights to humane treatment and protection of the family
(Articles 5 and 17) of the American Convention, in relation to Article 1(1) of the Convention,
to the detriment of the members of the families of Messrs. Omeara Miraval, Omeara Álvarez
and Álvarez Solano (supra para. 25(a)); (b) for the failure to investigate the alleged threats
suffered by Carmen Omeara (supra para. 25(b)); (c) for the failure to investigate the alleged
forced displacement of some family members (supra para. 25(c)), and (d) for the violation of
the rights of the child (Article 19) of the American Convention, in relation to Article 1(1) of the
Convention, to the detriment of the girls Elba Katherine and Claudia Marcela, and the boy
Manuel Guillermo, surnamed Omeara Álvarez, who at the time of the events were minors (supra
para. 25(d)).
36.
In addition, regarding the attack suffered by Noel Emiro Omeara Carrascal and the forced
disappearance and execution of Manuel Guillermo Omeara Miraval, the State acknowledged its
responsibility for "actions by state agents in conjunction with illegal armed groups," the Court
understood that said acknowledgment includes the direct participation, collaboration or
acquiescence of state agents in the facts of the case. Therefore, this Court considered that it is
not necessary to rule on the alleged direct responsibility of the State for the actions of illegal
armed groups.
37.
However, considering the State's partial acknowledgment of international responsibility
and the observations of the representatives and the Commission, the Court considers that the
dispute remains in the aspects indicated below.
38.
Regarding Noel Emiro Omeara Carrascal20 on the alleged actions of members of the
National Anti-Kidnapping Unit (hereinafter also “UNASE”) in the attack he suffered.21
Regarding the alleged attribution of State responsibility for the breach of its obligation to prevent the attack
on Mr. Omeara Carrascal, it should be noted that according to the facts, Mr. Omeara Carrascal had no connection
with the Community Action Movement and by chance was in the place where the attack against Mr. Sepúlveda Saravia
took place and with respect to Mr. Omeara Carrascal, no real risk known to the State has been evidenced that derives
from the alleged lack of duty of prevention on his part (supra para. 30).
21
According to the State, internal investigations revealed the participation of State agents, but even today, it
has not been possible to establish that they were members of the UNASE special group.
20