7
in a structured way by the military forces and the paramilitary campaign against the civilian population in
various regions of the country, with the “justification and veneer of actions in the context of ‘battling the
11
counterinsurgency’”.
31.
The petitioners allege that the State is responsible for the violation of Marino López’s
right to life and personal integrity. In this regard, they consider that the State did not protect or adopt
measures to prevent and halt Marino López’s being tortured and murdered. They allege that he endured
an imminent threat against his life and personal integrity before being beheaded and he felt vulnerable,
and therefore he was the victim of a violation of his right to personal, psychological and moral integrity.
12
They allege that Marino López was subjected to “dehumanization and denial of his humanity” , and given
that his extrajudicial execution was committed against the background of a general and systematic attack,
it represents a crime against humanity. They allege that the State’s responsibility is aggravated given the
brutality of Marino López’s execution, in full view of the community members.
32.
They allege that Marino López’s immediate family suffered effects of the violations
inflicted on Marino López and the denial of justice and the lack of a State response, which produced
feelings of pain and helplessness injuring their integrity and their dignity, and therefore they are also
victims of a violation of their right to psychological and moral integrity.
33.
In the same sense, they allege that the State is responsible for the violation of the rights
to life and personal integrity of the communities’ members. They allege that the crimes committed against
Marino López produced collective feelings of helplessness, fear and anxiety, which fractured the
processes of peace and social harmony in these communities, and affected their community life and the
integrity of their lands. They allege that both Marino López’s immediate family and the members of the
community bore witness to the acts of torture and decapitation suffered by Marino López, as well as all
the circumstances surrounding his execution, which caused them pain and intense anguish. In addition,
the petitioners maintain that “Operation Genesis”, the crime against Marino López and forced
displacement fractured the Community's organizational levels and unity and therefore the psychological
and moral integrity of its members has been violated. They allege that the bombardment had a collective
impact of shock, anxiety and panic with lasting effects.
34.
The petitioners allege that the State is responsible for the violation of the right to free
movement and residence, the protective scope of which encompasses the right not to be displaced. In
this regard, they allege that the situation of vulnerability experienced by individuals suffering the
phenomenon of internal forced displacement is complex and that given the internal conflict in Colombia,
the interpretation of Article 22 of the American Convention must be made by reference to Article 29, in
light of the UN Guiding Principles of Internally Displaced Persons and the rules on displacement
contained in Protocol II to the 1949 Geneva Conventions.
35.
The petitioners consider that “Operation Genesis” represented: (i) the absolute curtailing
of the communties’ members right to free movement between February 24 and 27, 1997; (ii) the massive
forced displacement caused by the State through the action of militaries and the paramilitary campaign,
towards Turbo; and (iii) the lack of State measures to ensure the comprehensive return of the
communities to their lands. From all the foregoing, they consider that the State has violated Article 22 of
the American Convention, to the prejudice of the communities associated in CAVIDA and the women
head of household living in Turbo.
36.
They allege that forced displacement involves the violation of various human rights, in
terms of its context and the vulnerable situation of its victims. They indicate that the displaced persons
abandoned their lands and animals, were faced with unemployment, malnutrition, illiteracy, the mortality
rate due to preventable diseases or the harsh conditions facing them, making their natural habit
11
12
Petitioners’ allegations on the merits received on March 10, 2008, para. 220.
In support of their argument the petitioners cite: I/A Court H.R. Case of Almonacid Arellano et al., Judgment of
September 26, 2006, para. 99. Petitioners’ allegations on the merits received on March 10, 2008, para. 233.