B.7.
Conclusions
247. Based on all the above, this Court determines that the State is responsible for the violation
of the right to life, recognized in Article 4(1) of the Convention, in relation to Article 1(1) thereof,
to the detriment of the persons who died360 as well as the right to personal integrity, contained in
Article 5(1) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of the
persons who were injured,361 as well as of the next of kin of all of them, and of the right to
measures of protection for children, recognized in Article 19 of the Convention, to the detriment of
the children killed or injured in the course of these events.362
VII.3
RIGHT TO FREEDOM OF MOVEMENT AND RESIDENCE, AND RIGHT TO PROPERTY
A.
Arguments of the Commission and allegations of the parties
A.1. Alleged violation of the right to freedom of movement and residence
248. The Commission concluded that the State had violated the right recognized in Article 22(1)
of the Convention,363 in relation to Article 1(1) thereof, to the detriment “of the population of Santo
Domingo.” Thus, the Commission indicated that “following the bombardment of December 13, and
as a result of the terror that this caused in the population, the attacks on the survivors who tried to
escape, and the destruction of their homes, all the inhabitants abandoned the village of Santo
Domingo” and “moved to the village of Betoyes in the municipality of Tame, and to the towns of
Tame and Saravena.” It also specified that the population was displaced until January 1999. The
Commission established in the Merits Report that the persons injured364 and “the other inhabitants
of the village of Santo Domingo that were displaced are victims of Article 22(1).”
249. The representatives added that the State had not complied effectively with the obligations of
immediate protection; that the forced displacement caused by the massacre, together with the
obligation to make integral reparation to the victims in relation to the violation of all the rights,
imposed the need to establish judicial and administrative mechanisms for filing claims that were
suitable, effective and that, above all, guaranteed the victims the real possibility of recovering their
life in conditions of dignity and safety. The representatives considered that all the inhabitants of
Santo Domingo were displaced.
360
Namely: María Yolanda Rangel, Teresa Mojica Hernández, Edilma Leal Pacheco, Nancy Ávila Castillo (or Abaunza),
Luis Orlando (or Levis Hernando) Martínez Carreño, Luis Enrique Parada Ropero, Salomón Neite, Arnulfo Arciniégas Velandia
(or Calvo), Pablo Suárez Daza, Carmen Antonio Díaz Cobo, Rodolfo Carrillo, and the children: Jaime Castro Bello, Egna
Margarita Bello Tilano, Luis Carlos Neite Méndez, Deysi Katherine (or Catherine) Cárdenas Tilano, Oscar Esneider Vanegas
Tulibila and Geovany Hernández Becerra.
361
Namely: Edwin Fernando Vanegas Tulibila, Milciades Bonilla Ostos, Ludwing Vanegas, Gleydis Xiomara García
Guevara, Mario Galvis Gelves, Fredy Monoga Villamizar (or Fredy Villamizar Monoga), Mónica Bello Tilano, Maribel Daza
Rojas, Amalio Neite González, Marian Arévalo, José Agudelo Tamayo, María Cenobia Panqueva, Pedro Uriel Duarte Lagos,
Ludo Vanegas, Adela Carrillo, Alcides Bonilla, Fredy Mora, and the children: Alba Yaneth García Guevara, Marcos Aurelio
Neite Méndez, Erinson Olimpo Cárdenas, Hilda Yuraime Barranco Bastilla, Ricardo Ramírez, Yeimi Viviana Contreras, Maryori
Agudelo Flórez, Rosmira Daza Rojas, Neftalí Neite González and Lida Barranca.
362
Children who died: Jaime Castro Bello, Egna Margarita Bello Tilano, Luis Carlos Neite Méndez, Deysi Katherine (o
Catherine) Cárdenas Tilano, Oscar Esneider Vanegas Tulibila and Geovany Hernández Becerra. Children who were injured:
Alba Yaneth García Guevara, Marcos Aurelio Neite Méndez, Erinson Olimpo Cárdenas, Hilda Yuraime Barranco, Ricardo
Ramírez, Yeimi Viviana Contreras, Maryori Agudelo Flórez, Rosmira Daza Rojas, Neftalí Neite González and Lida Barranca.
363
Article 22(1) of the American Convention establishes that: “Every person lawfully in the territory of a State Party has
the right to move about in it, and to reside in it subject to the provisions of the law. […].”
364
These persons were: Alba Yaneth García Guevara; Edwin Fernando Vanegas Tulibila; Milciades Bonilla Ostos;
Ludwing Vanegas; Gleydis Xiomara García Guevara; Mario Galvis Gelves; Fredy Monoga Villamizar (or Fredy Villamizar
Monoga); Mónica Bello Tilano; Maribel Daza Rojas; Amalio Neite González; Marian Arévalo; José Agudelo Tamayo; María
Cenobia Panqueva; Pedro Uriel Duarte Lagos; Ludo Vanegas; Adela Carrillo; Alcides Bonilla and Fredy Mora. Also the
children Marcos Aurelio Neite Méndez; Erinson Olimpo Cárdenas; Hilda Yuraime Barranco Bastilla; Ricardo Ramírez; Yeimi
Viviana Contreras; Maryori Agudelo Flórez; Rosmira Daza Rojas; Neftalí Neite González and Lida Barranca.
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