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(b) In view of the facts and the context in which they occurred, the pertinent
provisions of the Convention on the Rights of the Child are: (a) the provisions
that guarantee to the child the right to special measures of protection, and
(b) the provisions that guarantee to the child special measures of protection
in the context of armed conflict;
(c) The provisions contained in Articles 2, 3(2), 6, 9(1) and 37 of the Convention
on the Rights of the Child establish special measures of protection in relation
to non-discrimination, the guarantee of the survival and development of the
child, the prohibition of torture, the conditions that must be observed when a
child is deprived of its liberty, and the measures regarding the right of the
child not to be separated from its parents against their will;
(d) By allowing and not preventing the perpetration of these acts, by failing to
execute any of the actions necessary to ensure the return of the four minors
to their parents, and by having provided its acquiescence and collaboration so
that these acts could be perpetrated by the paramilitary group, the State
failed to guarantee the special measures of protection that the minors - the
alleged victims – had a right to, and to comply with the obligation to respect
them, and
(e) The State did not implement any measure to protect the alleged victims in
their condition as minors.
Arguments of the State
102. Regarding its responsibility for the facts of this case, the State indicated the
following:
(a) It denied each of the charges and, particularly, that it is responsible in
general for the existence and consolidation of criminal groups;
(b) It is not possible to attribute responsibility to the State for the enactment of
legislation that provided legal grounds for the creation of the illegal armed
self-defense groups. The State complied with its obligations of prevention. Its
efforts to combat, prohibit, prevent and punish adequately the activities of
these groups are proved by the adoption of legislative and judicial measures
to combat them;
(c) Also, it is not possible to attribute responsibility to the State in this specific
case for the violation of its treaty-based obligations, or for the tolerance or
support of the public authorities for the facts of Pueblo Bello;
(d) In the investigation, prosecution and sanction of the authors and accomplices
of the facts of Pueblo Bello, legislative provisions were applied, such as
Decree No. 2666/1991, which embodied in permanent legislation, provisions
concerning the carrying of illegal arms and terrorism, as well as increased
penalties and the expansion of types of crime;
(e) The disciplinary and criminal investigations in this case did not find that State
agents were linked to the criminal groups in any way or to any degree, and
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