103
right to humane treatment to the detriment of the 19 persons who were executed in
the massacres of La Granja and El Aro, who are listed in Appendix I of this judgment.
b)
Concerning the alleged violation of the right to humane treatment of
the next of kin of the victims executed in La Granja and El Aro
258. The next of kin of the victims executed in La Granja and El Aro suffered an
intense psychological impact and have endured profound distress and grief as a
direct result of the execution of their next of kin, and the circumstances of the
massacres. These circumstances include witnessing the execution of their next of kin
by heavily-armed men, hearing the cries for help while their family members were
subjected to cruel and inhuman treatment, and the fear resulting from the extreme
violence with which they were executed. The Court considers that all this has
affected the social tissue of the next of kin of those executed in La Granja and El Aro.
In addition, the accusation by the paramilitary group that the alleged victims and the
population in general were collaborating with the guerrilla increased the villagers’
level of defenselessness and anguish.
259. As indicated above, when it is sufficiently real and imminent, the mere threat
of a conduct prohibited by Article 5 of the American Convention can violate this
article (supra para. 255).223
260. Thus, the Court finds it particularly serious that it was the next of kin
themselves, without the assistance of the corresponding authorities, who had to
gather up the bodies of their loved ones in order to bury them, without being able to
give them a burial in accordance with their traditions, values and beliefs. In addition,
the paramilitary group perpetrated these acts against the population with absolute
liberty, with the acquiescence or tolerance of the authorities.
261. Moreover, in this case, there has not been a complete and effective
investigation into the facts, as examined in the section corresponding to Articles 8
and 25 of the American Convention (infra paras. 283 and ff.). In other cases, the
Court has considered this absence of effective remedies to be an additional source of
suffering and anguish for the alleged victims and their next of kin.224
262. Over and above the foregoing, in a case such as the Ituango Massacres, the
Court considers that no evidence is needed to prove the severe effects on the mental
integrity of the next of kin of victims who have been executed.225
263. Based on the above, the Court finds there is sufficient evidence in this case to
conclude that Colombia is responsible for the violation of the right to humane
treatment to the detriment of the next of kin of the victims executed in the La Granja
and El Aro massacres.
223
Cf. Case of Baldeón García, supra note 5, para. 119; Case of Tibi, supra note 176, para. 147; and
Case of the 19 Tradesmen, supra note 222, para. 149. Likewise, cf. Eur.C.H.R., Campbell and Cosans,
supra note 222, p. 12, § 26.
224
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 158; Case of the “Mapiripán
Massacre”, supra note 8, para. 145; Case of the Moiwana Community, supra note 12, para. 94.
225
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 146.
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