37
for a year. According to Mr. Salgado Garzón, these events and circumstances “change[d his]
life completely.” Likewise, he testified that the State kept him in “terrible” economic
circumstances, because he had to confront this situation with only his salary.
*
*
*
121. Having determined the facts which constituted the violations acknowledged by the
State, this Court turns to its analysis and findings regarding their legal consequences.
A)
Violation of personal liberty
122. As revealed by the facts established and acknowledged by Colombia, the 15 officials
that made up the Judicial Commission were illegally and arbitrarily detained for hours under
the control of members of the “Los Masetos” paramilitary group. In addition, and in the
circumstances described, they were forced to hand over their weapons, tied up and put in
vehicles, which prevented any possibility that the protections enshrined in Article 7 of the
Convention would operate in their favor.
B)
Violation of the right of life
123. With regard to the violation of Article 4 of the Convention, in accordance with the
abovementioned findings (supra para. 101) and the acknowledgment of responsibility made
by the State, the State is responsible for the death of the 12 Judicial Commission officials,
which occurred during the massacre of January 18, 1989. With regard to the 3 surviving
officials, the State also acquiesced to the representatives’ request that it be declared that
the State violated Article 4 of the Convention to the detriment of these individuals.
124. This Court finds that in the present case there are extraordinary circumstances that
lay a foundation for a violation of Article 4 of the Convention and its analysis with regard to
the three survivors of the massacre, taking into account the force employed, the intent and
objective of the use of this force, and the situation in which the victims found themselves.
125. It has been established that the intention of the perpetrators of the massacre was to
execute the members of the Judicial Commission. Likewise, the facts show that the
perpetrators did everything they considered necessary to fulfill this objective. On this issue,
the State itself stated that “given the magnitude of the attack, the truth is that the intention
of these outlaws could not be any other than to cause [the] immediate death” of the three
surviving victims. In this sense, the Second Court of Public Order stated:
[a] few kilometers ahead, in the area called La Laguna, on the road that leads to
Barrancabermeja, the vehicles suddenly stopped, and the members of the armed group got out
without saying a word, and making gala of an incomprehensible coldness, indiscriminately started
shooting at the vehicles with their weapons (galil r 15, 9mm guns [etc.]), with which they did not
have any obstacle in fatally injuring the occupants.108
126. It is important to note that the European Court of Human Rights has declared the
violation of the right to life of individuals who did not die as a consequence of the violating
acts. In the case of Acar and Others v. Turkey,109 armed municipal guards stopped two
108
Second Court of Public Order of Pasto, Judgment of June 29, 1990 (record of evidences to the application,
evidence A31, pages 372 and 373).
109
77.
Cf. Eur.C.H.R., Acar et al. v. Turkey, Judgment of May 24, 2005, App. No. 36088/97 and 38417/97, para.
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