72
Mr. Omeara Miraval, ordered after the attacks and nearly a year after the displacement,
measures of protection for the members of the Omeara and Álvarez families (supra para.
127), who were also witnesses to the attacks on the three victims. The foregoing demonstrates
that the displaced family members did not receive any protection from the State in view of
the risk they were running and the body of evidence in the case does not show that the
measures ordered were, in fact, adopted. The Court understands that the causes that led
certain family members to be displaced are complex, since the displacement was not caused
by multiple circumstances rather than a single event.
276. It is clear that the State did not adopt protection measures for the members of the
Omeara and Álvarez families and, in particular, for those who were displaced.
277. The failure to adopt measures, the actions of state agents in collaboration with illegal
armed groups for the commission of the three attacks against their relatives and the lack of
due diligence and progress in the investigations, leading to ongoing impunity surrounding he
events, have all been fundamental factors in creating the risk that led to the displacement of
some of the victims' relatives.
278. Consequently, the Court considers that Colombia is responsible for the violation of
Article 22(1) of the American Convention, in relation to Article 1(1) of the Convention, for the
failure of duty to respect the right of movement and residence, to the detriment of Carmen
Teresa Omeara Miraval, Fabiola Álvarez Solano and their three children, Elba Katherine
Omeara Álvarez, Manuel Guillermo Omeara Álvarez and Claudia Marcela Omeara Álvarez, as
well as in relation to the rights of the child, enshrined in Article 19 of the Convention, to the
detriment of the victims who were children at the time the events occurred.
279. Regarding the alleged violation of Article 5 of the Convention due to the alleged threats
suffered by Carmen Teresa Omeara Miraval, this Court notes that although it is clear from the
facts that the victims’ next of kin were generally subjected to different incidences of
intimidation and threats, regarding the specific situation of Mrs. Carmen Omeara, there is only
her statement given on August 17, 2010, in which she stated that one day she "was walking
in front of church and a guy approached [her] who touched her shoulder from behind and […]
[l]old her 'quietly, you look prettier,' [he] said if [ Noel Emiro Omeara Miraval, her father],
[t]old her something she shouldn’t say anything,"305 and that her mother was told that she
had to leave Aguachica, along with other relatives, on the day of the attack on Mr. Héctor
Sánchez (supra paragraph 100). In this regard, the State only acknowledged that it had not
conducted any investigation (supra para. 25(b)). Apart from said statements, this Court does
not have additional information or evidence that would allow it to conclude the violation of
Article 5 of the Convention to her detriment for the aforementioned threats.
280. The representatives alleged the violation of the right to privacy. The Court notes that
the representatives may allege violations other than those indicated by the Commission.306
This Court also notes that in this case, beyond the generic references to the violation of the
protection of privacy of the next of kin due to the consequences for their private life due to
their displacement, the representatives did not express specific grounds that could be
distinguished from their allegations regarding the non-observance of Articles 22(1) and 5(1)
of the Convention. In addition, the Court finds no reason in the case to examine the facts of
the case in relation to Article 11(2) of the treaty. Therefore, the Court considers that the State
is not responsible for the alleged violation.
Testimonial statement given by Carmen Teresa Omeara Miraval on August 17, 2010, supra.
Cf. Case of Five Pensioners v. Peru. Merits, Reparations and Costs. Judgment of February 28, 2003. Series C No. 98,
para. 155, and Case of Pacheco León et al. v. Honduras, supra, para. 184.
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