69 263. Lastly, the Court emphasizes that in this case, more than 24 years after the events, the State has not yet finished clarifying what happened or determined the corresponding responsibility. The State is obliged to combat this situation of impunity by all available legal means, since it fosters the chronic repetition of human rights violations and the defenselessness of the victims.295 VIII.4 RIGHTS TO MOVEMENT AND RESIDENCE (Article 22(1)296 of the American Convention on Human Rights, in relation to Article 1(1)) 264. In this chapter, relevant reference will be made to the arguments put forward by the Commission and the parties, as well as the arguments related to the alleged violation of Article 22(1) of the Convention, in relation to Article 1(1) of the American Convention, for the forced displacement of some of the next of kin of Messrs. Omeara Carrascal, Omeara Miraval and Álvarez Sánchez. It will also refer to the alleged threats suffered by Carmen Omeara, in violation of Article 5 of the American Convention, and finally, to the alleged violation of Article 11(2)297 of the Convention, to the detriment of the members of the aforementioned families. A. Arguments of the Commission and the parties 265. The Commission noted that since the first act of violence, a series of threats and acts of intimidation were unleashed against witnesses and next of kin298 of the alleged victims, and as a result they were forced to protect themselves against the continuation of such acts due to the “serious risk, the lack of protection measures and the lack of progress in the investigation”, which led to the forced displacement of some relatives to the city of Bucaramanga. All of this occurred in the face of the lack of response from the State, even to express requests from State authorities such as the Ombudsman and the Regional Prosecutor, which is why the Commission warned that: “(i) the State created the conditions of risk for the victims; (ii) it was aware of said situation of risk that in turn generated the forced displacement; and (iii) it did not adopt measures for their protection, particularly with respect to the children of [Manuel] Guillermo Omeara [Miraval].” 266. The Commission considered that the State violated the right of movement and residence, considered in Article 22(1) of the Convention, to the detriment of Carmen Teresa Omeara Miraval, Fabiola Álvarez Solano, their three children, Elba Katherine, Manuel Cf. Velásquez Rodríguez v. Honduras. Merits, supra, para. 174; and Case of Anzualdo Castro v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, para. 179. 296 Article 22 of the Convention establishes, as pertinent, the following: “1. Every person lawfully in the territory of a State Party has the right to move about in it, and to reside in it subject to the provisions of the law. 2. Everyone has the right to leave any country freely, including his own. […]” 297 Article 11 of the Convention establishes the following: “1. Everyone has the right to have his honor respected and his dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks.” 298 The Commission alleged the violation of Articles 5 and 17, to the detriment of the children of Noel Emiro Omeara Carrascal, who in turn were brothers of Manuel Guillermo Omeara Miraval, namely: Carmen Teresa Omeara Miraval; Jaime Antonio Omeara Miraval; Luis Enrique Omeara Miraval; Aura Isabel Omeara Miraval; Noel Emiro Omeara Miraval; Araminta Omeara Miraval; Ricaurte Omeara Miraval; Eduardo Omeara Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia Omeara Miraval and María Omeara Miraval; as well as with respect to the wife of Héctor Álvarez, El[v]a María Solano de Álvarez, and her children Judith Álvarez Solano; Miguel Angel Alvarez Solano; Hector Manuel Alvarez Solano; Clemencia Patricia Alvarez Solano; Juan Carlos Álvarez Solano and Ana Edith Álvarez de García; as well as the wife of Manuel Guillermo Omeara Miraval, Fabiola Álvarez Solano, and her three children, Elba Katherine, Manuel Guillermo and Claudia Marcela with the surnames Omeara Álvarez. 295

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