16
70.
As for the legal grounds for the complaint, the petitioners allege that the State is
responsible for violation of the rights to personal integrity, judicial guarantees, protection of one’s
honor and dignity, freedom of association, protection of the family, freedom of movement and
residence, judicial protection and the duty not to suspend nonderogable rights, recognized in articles
5(1), 7(1), 7(3), 8(1), 11, 16, 17(1), 22(1), 25 and 27 of the Convention, all in conjunction with the
obligation to respect and ensure the Convention protected rights, undertaken in Article 1(1) thereof, to
the detriment of community leaders Mosquera Londoño, Naranjo Jiménez and Yarce. They are also
alleging violation of Article 4 of the American Convention, to the detriment of Ms. Ana Teresa Yarce,
given the State’s failure to take reasonable measures to protect her life.
B.
The State
Context
71.
According to the State, the place known as Comuna 13 is located in the northwestern
sector of Medellín. It is composed of the neighborhoods of El Pesebre, Blanquizal, Santa Rosa de Lima,
Los Alcázares, Metropolitano, La Pradera, Juan XXIII – La Quiebra, San Javier, Veinte de Julio, Belencito,
Betania, El Corazón, La Independencia, Nuevos Conquistadores, El Salado, Eduardo Santos, Antonio
Nariño, El Socorro, and La Gabriela, and is home to some 130,000 people.
72.
Because of its geographic location, Comuna 13 has become an epicenter of activity by
armed outlaw groups, as there are corridors connecting the slopes of Comuna 13 to certain
northeastern municipalities where rural terrorist groups are a strong presence and need provisions and
ammunition. These same corridors serve as inroads into the Aburrá Valley. The State observes that in
the early 1990s, the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de
Colombia -FARC) and the National Liberation Army (Ejército de Liberación Nacional - ELN) established
militia groups in Comuna 13, which engaged in such criminal activities as murders, terrorism, denial of
individual rights and extortion. The State asserts that in 1999, the illegal self-defense groups began
making inroads into the periphery of Comuna 13, to directly control the militia groups. This increased
the criminal activity. The State points out that despite the efforts undertaken to restore normalcy and
the full force of the State’s authority, and notwithstanding the progress made, the process within that
Comuna has always been difficult.
73.
Apart from the crimes mentioned above, the State provided the Commission with
information to illustrate the countless attacks made on police and army patrols in the period between
2000 and 2002, leaving patrol members dead or injured. Officials from the Attorney General’s Office,
from the Antioquia Government and the Medellín Mayor’s Office were attacked with firearms; even
utility workers and health personnel were constantly harassed.
74.
The State argues that the extreme situation of conflict in central-west Medellín spurred
forced displacement as a consequence of the confrontations between the guerrilla forces and the
autodefensas in the territorial dispute directed against the civilian population. It tells the IACHR of the
burning of some dwellings situated on the slopes of Comuna 13 and the increase in individual and
multiple homicides in various sectors, the victims being persons of all ages and social situations. It notes
how the illegal armed groups extended their death threats against persons not involved in the conflict
through phone calls, direct threats, and emails in which they called on the victim to abandon his or her
residence immediately. The State also reports on incidents in which persons were forced to leave their