60
A.
Right to Personal Integrity (Article 5.1271), in connection with Article 1.1 of the
American Convention
211. The right to personal integrity protected under Article 5 of the American Convention is
fundamental in the system of guarantees of the American Convention.272 States are prohibited from
imposing an absolute suspension on this right under Article 27.2 of the same instrument in time of war,
public danger, or other emergency that threatens the independence or security.”
212. Pursuant to Article 1.1 of the American Convention, the right to personal integrity must
be respected and ensured by the State “without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth or any other
social condition.”
213. The petitioners make several claims before the IACHR linked to the guarantee of the
right to personal integrity of five women human rights defenders in Comuna 13 of Medellin. They view
it as a failure of the State in its duty to protect the women’s personal integrity and organizational work,
in a context of risk to human rights defenders, who report crimes committed by the paramilitary forces
in an area affected by the Colombian armed conflict. They contend that said defenders have endured
ongoing acts of harassment and threats by state and paramilitary actors, including the arbitrary
detention of Mmes Mosquera, Naranjo and Yarce from November 12 to 21, 2002; the murder of Ms.
Yarce on October 6, 2004; the forcible displacement of Ms. Rua, Ospina, Mosquera and Naranjo from
2002 until the present time; the gradual destruction of the homes of Ms. Rua and Ospina from 2002 to
2003; the disruption and inability to work of each of the above listed defenders in Comuna 13; and the
extension of these abuses to these women’s next of kin.
214. The petitioners also assert that these acts have taken place in a context of armed
conflict, in which the State carried out several military operations in Comuna 13 during 2002, which
helped the paramilitary presence to gain a stronghold in said locality. The State has argued before the
IACHR that it is not responsible for the alleged violations; that it has properly investigated the crimes;
and that it has made a significant effort to restore law and order in Comuna 13.
215. The Commission will proceed to examine the arguments of the parties by presenting
considerations pertaining to the scope of the duty of protection and prevention set forth in Article 5.1 of
the American Convention, and its legal consequences on the activity of the human rights defenders. It
will then examine the threats and acts of harassment, the forced displacement, and the unlawful search
and occupation of the homes of Ms. Rúa Figueroa and Ospina Bastidas, in light of these considerations.
The violations linked to Article 5.1, in relation to the arbitrary detention of Ms. Naranjo, Mosquera and
Yarce; the forced displacement of Ms. Rúa, Ospina, Mosquera and Naranjo; and the infringement of the
human rights of the next of kin of the five defenders will be addressed in subsequent sections.
271
Article 5(1) of the American Convention establishes that “every person has the right to have his physical, mental,
and moral integrity respected.”
272
par. 234.
IACHR, Merits Report No. 64/11, Case 12.573, Marino Lopez et al. (Operation Genesis), Colombia, March 31, 2011,