74
X
ARTICLES 6 AND 7 OF THE AMERICAN CONVENTION
(FREEDOM FROM SLAVERY AND
RIGHT TO PERSONAL LIBERTY)
IN RELATION TO ARTICLE 1(1) THEREOF
The Commission’s arguments
139. The Inter-American Commission did not claim the alleged violation of Article 6
of the American Convention.
140. Regarding the alleged violation of Article 7 of the American Convention, the
Commission indicated that:
(a)
The State had accepted the Commission’s claims in the application
concerning the violation of Article 7 to the detriment of Jairo Sepúlveda,
Marco Aurelio Areiza and Rosa Areiza (supra paras. 19); and
(b)
The Commission did not submit arguments in relation to the possible
violation of the right to personal liberty enshrined in Article 7 of the
Convention to the detriment of the alleged victims indicated by the
representatives in their requests and arguments brief.
The representatives’ arguments
141.
that:
In relation to Article 6 of the American Convention the representatives argued
(a)
The paramilitary group obliged some of the inhabitants of El Aro to
collect and transfer the horses, mules and cattle that were stolen from the
inhabitants of this district, for about 17 days, in order to “ensure the arbitrary
appropriation of this property”;
(b)
17 persons were obliged to herd the livestock;
(c)
The herding “was carried out against their will and at the risk of being
killed if they opposed it”;
(d)
“The certain and imminent threat to life looming over the peasant
farmers of El Aro, following the murders committed by the paramilitary group
that raided the district, meant that [the herdsmen] understood that if they did
not accept the task imposed on them, it would result in a death sentence such
as that suffered by several other villagers”;
(e)
The military authorities of Puerto Valdivia did not prevent the
paramilitary group from obliging the inhabitants of El Aro to carry out forced
labor. Furthermore, members of the Army knew about the theft of the
livestock and, instead of protecting the peasants, they supported and
promoted the imposition of forced labor and imposed a curfew to facilitate the
theft of the livestock; and
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