-84(a) The State is responsible for the violation of the rights to life, liberty and
humane treatment to the detriment of the 43 alleged victims, owing to the
acts of civilians with the acquiescence and collaboration of State agents;
(b) The domestic courts established the responsibility of 10 individuals for the
murder of six of the 43 alleged victims, whose bodies were recovered and
identified. After 14 years, the whereabouts of 37 of the alleged victims have
not been clarified; hence, it is reasonable to infer that they were
extrajudicially executed, and
(c) Forced or involuntary disappearance constitutes a multiple and continuing
violation of several of the rights enshrined in the Convention, because not
only does it produce an arbitrary deprivation of liberty, but it also jeopardizes
the humane treatment, personal safety and the life of the person detained.
Even though Colombia is not a party to the Inter-American Convention on
Forced Disappearance of Persons and, consequently, is not bound by it, it is
admissible to refer to the definition of forced disappearance therein.
98.
Regarding Article 19 of the American Convention, the Commission alleged
that the State has the obligation to adopt all positive measures to ensure the full
enjoyment of the rights of the child. In the instant case, the minors, Manuel de Jesús
Montes Martínez and José Encarnación Barrera Orozco, were not ensured the special
protection measures called for by their situation of vulnerability owing to their age.
Not only did the State bodies responsible for ensuring compliance with the law do
nothing to prevent these facts occurring and to punish those responsible, but the
responsible State bodies – specifically for the protection of children – did not
intervene in either the prevention or any type of solution of the case. It is clear that,
owing to the conduct of its agents, the State made them victims of forced
disappearance.
Arguments of the representatives
99.
Regarding the State’s responsibility in the instant case, the representatives
alleged that
(a) At the time of the facts, forced disappearance was carried out systematically
in Urabá in order to terrorize the population so that they would not
collaborate with or support the guerrilla. Most forced disappearances were
carried out by paramilitary groups with the help and acquiescence of law
enforcement personnel and, at times, with their direct participation;
(b) The reaction of the Colombian authorities in the case of the disappearances in
the Urabá region between 1990 and 1993 was characterized by the failure to
carry out genuine investigations to clarify the facts, and
(c) The facts of this case occurred in the context of the strong military presence
in the zone of Urabá as part of a “military plan to exterminate and annihilate
the guerrilla who were active in that region, an objective that could be
achieved, according to this plan, by attacks on the civilian population that
actually or allegedly supported the guerrilla.” The plan was carried out at
different levels and with different methods: on the one hand, the military and
the police forces in the zone had common objectives with the paramilitary
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