14
39.
Regarding Manuel Guillermo Omeara Miraval: (a) for the acts of torture that he suffered
before his death and while he was disappeared; (b) regarding the lack of due diligence in the
investigation to search for Mr. Omeara Miraval alive, in light of the report of his kidnapping and
subsequent disappearance; (c) for the violation of Article 6 of the ICPPT; (d) for the violation
of Article 1(b) of the CIDFP, to the detriment of Mr. Omeara Miraval’s relatives,22 and (e) for
the alleged participation of the “Los Prada” paramilitary group in the events.
40.
Regarding Héctor Álvarez Sánchez: (a) for the attribution of responsibility to the State
for failing to comply with its obligation to prevent the violation of Article 5 of the American
Convention, in relation to Article 1(1) of the treaty; (b) for the violation of Article 4 of the
Convention, in relation to the obligations of respect and guarantee established in Article 1(1) of
said instrument, for the omissions of the State to protect Mr. Álvarez Sánchez’s life and for the
evidence of the joint action of state agents and an illegal armed group.
41.
Regarding the relatives of Messrs. Omeara Carrascal, Omeara Miraval and Álvarez
Sánchez: (a) for the violation of the right to freedom of movement and residence (Article 22(1))
of the American Convention, in relation to Article 1(1) of the Convention, for the forced
displacement of persons, to the detriment of Carmen Teresa Omeara Miraval, Fabiola Álvarez
Solano and Elba Katherine, Claudia Marcela and Manuel Guillermo, all with the surnames
Omeara Álvarez, for failing to comply with their obligation to protect the immediate family and
prevent forced displacement; (b) for the breach of the duty to investigate the facts with due
diligence, in relation to investigation of Mr. Omeara Carrascal due to the lack of diligence in the
criminal proceedings, except on his late inclusion in the criminal proceedings, and regarding the
Mr. Omeara Miraval in relation to the complaint of his kidnapping and subsequent
disappearance. Regarding Mr. Álvarez Sánchez, the State only recognized its responsibility in
the period from October 21, 1994, to March 2003; c) for failure to comply with the reasonable
timeframe, considering the undue delays in criminal investigations. Also, with regard to the
investigation in the military criminal justice system and the disciplinary investigation related to
Mr. Omeara Miraval; (d) for the violation of the rights to a fair trial and judicial protection due
to the lack of connection and coordination between the investigations, and that the facts of the
three victims were causally related; (e) for the alleged violation of the right to honor and dignity
(Article 11(2)) of the Convention.
42.
Additionally, Colombia indicated that it "acknowledged its responsibility, and that as a
consequence of the international responsibility of the States, since they are involved in an
internationally unlawful act, the victims must be compensated" for the violations committed to
their rights and carried out various considerations on the different measures requested by the
Commission and the representatives, related to the determination of possible reparations, costs
and expenses, some of which remain in dispute. Therefore, the Court will examine and rule on
these in the corresponding chapter.
43.
Finally, considering the seriousness of the facts and alleged violations, as well as taking
into account the powers incumbent on this Court as an international body for the protection of
human rights, the Court will proceed to establish both the broad and specific events that
occurred, since this contributes to the reparation for the victims, to preventing the repetition of
similar events and to satisfying the purposes of the inter-American jurisdiction on human
rights.23 The Court will also open the corresponding chapters to analyze and specify, as
22
The State considered that the disappearance and death was diligently investigated from the beginning and
that after the date of the events the State deposited the ratification of said instrument.
23
Case of Tiu Tojín v. Guatemala. Merits, Reparations and Costs. Judgment of November 26, 2008. Series C No.
190, para. 24, and Case of Escaleras Mejía et al. v. Honduras, supra, para. 25.