-100-
134. In this case, the State has not proved that its security forces were constrained
by having to adopt measures to protect another village from an attack at the same
time as the one that occurred in Pueblo Bello on the day of the facts. It merely
alleged that “it did not have precise information on the existence of this group in that
specific zone, although law enforcement personnel were conducting their operations
against the FARC’s 5th Front and an EPL front, which were carrying out extensive
criminal activities in the zone.” As was indicated (supra paras. 125 to 127), the
declaration of the illegality of the paramilitary groups implied that the State would
direct its control and security operations against them also, and not only against the
guerrilla. So that if, as the State alleges, at that time and in that zone, its security
forces directed all their operations against guerrilla groups, this meant that the State
was neglecting its other obligations of prevention and protection of the inhabitants of
that zone with regard to the paramilitary groups. In this type of situation of
systematic violence and grave violations of the rights in questions, in an area that
had been declared a zone of emergency and military operations (supra paras. 95(1)
to 95(15), 95(21) to 95(29) and 127 to 131), the obligations of the State to adopt
positive prevention and protection measures are accentuated and of cardinal
importance within the framework of the obligations established in Article 1(1) of the
Convention, so that this principle of proportionality is inapplicable and the
hypotheses proposed by the State have not been proved.
135. It is true that, in this case, it has not been proved that the State authorities
had specific prior knowledge of the day and time of the attack on the population of
Pueblo Bello and the way it would be carried out. For example, no evidence has been
provided to show that the inhabitants of this village had reported acts of intimidation
or threats before this attack. Also, contrary to the State’s arguments, it is irrelevant
for these proceedings to determine whether or not the inhabitants of Pueblo Bello
had reported the alleged theft of the cattle, which is alleged to have been the cause
of the revenge of the paramilitary group led by Fidel Castaño Gil, because this could
never condition the State’s obligation to provide protection.
136. The Commission and the representatives have alleged that members of the
Army and the Police took part in the raid on Pueblo Bello during the evening of
January 14, 1990, specifically in the deprivation of liberty of the 43 individuals. This
allegation is based principally on the statement of Mariano Martínez, who said that
he had seen at least 12 soldiers attached to the military base located in San Pedro de
Urabá, who had acted in conjunction with the paramilitary group in the raid on the
village that evening. This hypothesis was not included in the application lodged by
the Commission and the only element that refers to the presence of State agents
together with the paramilitary group that evening in Pueblo Bello is this testimony
that has been assessed by the Court (supra para. 70), which has reached the
conclusion that it has not been corroborated by the testimonies or statements of any
of the other people present that evening in Pueblo Bello.
Situations (arts. 27(2), 25(1) and 7(6) American Convention on Human Rights). Advisory Opinion OC-8/87
of January 30, 1987. Series A No. 8, para. 42. See also, European Court of Human Rights, McCann and
Others v. United Kingdom, judgement of 27 September 1995, Series A 324, para. 149. See also,
Andronicou and Constantinou v. Cyprus, judgement of 9 October 1997, Reports 1997; Osman v. United
Kingdom, judgement of 28 October 1998, Reports 1998. Also, Cf. Human Rights Committee, General
Comment No. 6/16; Suárez Guerrero v. Colombia, No. 45/1979; Herrera Rubio v. Colombia 161/1983;
Sanjuán brothers v. Colombia, No. 181/1984; Baboeram et al. v. Suriname, Nos. 146, 148-154/1983;
Bleier v. Uruguay, No. 30/1978; Dermit Barbato v. Uruguay, No. 84/1981; Miango Muiyo v. Zaire, No.
194/1985.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents