232.
The Commission notes that the displacement and state of defenselessness came about in
spite of express requests from authorities to protect the family. For example, the Ombudsman said that these
people had actively participated in the search for Manuel Guillermo Omeara and he asked the military mayor
of Aguachica to provide them with the necessary protection. However, there is nothing in the record to
suggest that such measures were implemented. In addition, the record shows that on August 9, 1995, the
Regional Prosecutor in charge of the criminal investigation opened into the kidnapping of Manuel Guillermo
Omeara Miraval ordered that "appropriate measures be taken as soon as possible in order to provide
effective protection of the physical integrity of members of the OMEARA and ÁLVAREZ families living in
Aguachica (Cesar)". However, there is nothing in the record to suggest that the victim received any kind of
protection as a result of that request either.
233.
In light of the foregoing, the Commission finds that: (i) The State created the conditions of
risk to the victims; (ii) it was aware of that situation of risk which, in turn, led to their forced displacement;
(iii) it adopted no measures for their protection, not even for the children of Guilermo Omeara for whom it
may be reasonably assumed that the displacement had aggravated consequences by reason of their condition
is minors.
234.
The Commission also deems it necessary to point out that acts of violence against three
members of the same family inevitably have an impact on life plans at both the individual and the family level.
Consequently, the Commission considers that in the particular circumstances of this case, there has been a
separate violation of the rights of the family enshrined in Article 17 of the Convention.
In conclusion, the Commission finds that the State violated the right to humane treatment and the
rights of the family established in Articles 5 and 17 of the American Convention in connection with the
obligations under Article 1(1) thereof, to the detriment of the following children of Noel Emiro Omeara
Carrascal, who were, in turn, siblings of Manuel Guillermo Omera Miraval: Carmen Teresa Omeara Miraval;
Jaime Omeara Miraval; Luis Enrique Omeara Miraval; Aura Isabel Omeara Miraval; Noel Emiro Omeara
Miraval; Araminta Omeara Miraval; Ricaurte Omeara Miraval; Zoila Rosa Omeara Miraval, and María Omeara
Miraval; as well as the spouse of Hector Álvarez, Elva María Solano de Álvarez, and their children Judith
Álvarez Solano; Miguel Manuel Álvarez Solano; Héctor Manuel Álvarez Solano; Clemencia Patricia Álvarez
Solano; Juan Carlos Álvarez Solano and Ana Edith Álvarez de García; and the spouse of Guillermo Omeara,
Fabiola Álvarez Solano, and their three children Elba Catherine Omeara Álvarez, Manuel Guillermo Omeara
Álvarez, and Claudia Marcela Omeara Álvarez.
235.
Furthermore, the State violated the freedom of movement and residence recognized in
Article 22(1) of the American Convention, in connection with the obligations set out in Article 1(1) thereof, to
the detriment of Carmen Teresa Omeara Miraval; Fabiola Álvarez Solano, and her three children Elba
Catherine Omeara Álvarez, Manuel Guillermo Omeara Álvarez and Claudia Marcela Omeara Álvarez; and
Carmen Teresa Omeara Miraval. Finally, the Commission concludes that the State violated Article 19 of the
American Convention to the detriment of the children of Manuel Guillermo Omeara Miraval.
V.
CONCLUSIONS
236.
Based on the factual and legal considerations contained in this report, the Commission
concludes that the State is responsible for violation of the rights recognized in the following articles of the
American Convention:
a)
Articles 4, and 5 of the American Convention, in connection with Article 1(1) thereof, to the
detriment of Noel Emiro Omeara Carrascal and Héctor Álvarez Sánchez;
b)
Articles 3, 4, 5, and 7 of the American Convention, in connection with Article 1(1) thereof, to
the detriment of Manuel Guillermo Omeara Miraval;
c)
Articles 5 and 17 of the American Convention to the detriment of Carmen Teresa Omeara
Miraval; Jaime Omeara Miraval; Luis Enrique Omeara Miraval; Aura Isabel Omeara Miraval; Noel
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