78
causes for internal displacement some of the same causes that have affected the women human rights
defenders involved in the instant matter — such as threats, acts of violence, and abuse by armed
factions in order to control territories and dominate the population that resides therein; military
operations; and arbitrary detentions.366 The Constitutional Court of Colombia itself has held under
Decision 092-08 that there are eighteen gender-related facets of forced displacement that have a
differentiated impact on women, including those who belong to social and community organizations,
and their leadership roles and human rights promotion work in areas affected by armed conflict,
emphasizing authorities’ duty of prevention.
2.
Application of these international principles to the facts in the present case
273. The Commission finds that the circumstances that led Ms. Rúa, Bastidas, Mosquera, and
Naranjo to leave Comuna 13, and to settle in other areas of the country, does conform to the concept of
an internally displaced person advanced by the international principles described.
274. The facts of the case bear out that Ms. Rúa was forced to travel from Comuna 13 on
June 26, 2002 when she learned during that same month that her name appeared on a list of individuals
that the paramilitary forces intended to murder.367 Ms. Rúa left her neighborhood together with her 3year-old, 10-year-old and 12-year-old daughters, and her permanent companion, without any of her
possessions; and these facts were certified by SIMPAD on July 10, 2002.368 The SIMAPD also certified
that her displacement was the product of armed confrontations between paramilitary and militia groups
in the Comuna 13.369 Ten years after these events, Mrs. Rua is living in a rented house in the
municipality of Envigado, Antioquia, with her companion and her three daughters, and has not been
able to return to Comuna 13.370 She has ceased her activities as a leader due to the fear of being
accused and persecuted.371
275. Ms. Ospina and her next of kin had to travel on their own in similar circumstances in
November 2002.372 It was brought to her attention by a fellow member of the AMI and the head of the
education center of Comuna 13 that her name appeared on a list of individuals that the paramilitary
forces were looking for, and she feared for her safety because of the detention for the alleged crime of
366
IACHR, Violence and Discrimination against Women in the Armed Conflict in Colombia, OEA/Ser.L/V/II. Doc. 67,
October 18, 2006, par. 72.
367
Annex 3. Statement from Miryam Eugenia Rúa Figueroa received by GIDH addressed to the Inter-American
Commission on Human Rights, April 27, 2012; Original petition received in reference to the matter of Miryam Eugenia Rúa
Figueroa – Comuna 13 – October 27, 2004, pg. 2, par. 3.
368
Annex 4. File Number 289, Secretariat of the Environment (SIMPAD), July 10, 2002; Annex 3. Statement from
Miryam Eugenia Rúa Figueroa received by GIDH addressed to the Inter-American Commission on Human Rights, April 27, 2012.
369
Annex 4. File Number 289, Secretariat of the Environment (SIMPAD), July 10, 2002; Photographs of the destruction
and ruins of the home of Mrs. Rua. Annexes 2 and 5, Observations of the petitioners in reference to the matter of Miryam
Eugenia Rúa Figueroa et al – Comuna 13 dated November 25, 2011.
370
Observations of the petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595,
dated May 3, 2012, pg. 3.
371
Annex 3. Statement from Miryam Eugenia Rúa Figueroa received by GIDH addressed to the Inter-American
Commission on Human Rights, April 27, 2012.
372
Annex 15. Statement from Luz Dary Ospina Bastidas received by GIDH addressed to the Inter-American
Commission on Human Rights, April 27, 2012.