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