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169. Regarding article 16 of the Convention, the Commission considered that the
execution of Senator Cepeda “revealed the failure to ensure [the] right to associate
freely […] without fear,” owing to the notorious pattern of violence against the
members of the UP; the absence of effective measures of prevention, and the failure to
completely clarify the crimes that had been committed. The representatives alleged the
violation of Articles 13, 16 and 23 of the Convention jointly, because Senator Cepeda
Vargas exercised these rights continuously, simultaneously and in an interrelated
manner, so that the violation of these rights represented an attack on the values of the
democratic system; because he was murdered to silence his voice and his political
activities; and because his death, prevented him from being a member of the UP and
curtailed his possibility of continuing to make a contribution towards achieving the
political objectives of this party. When challenging the alleged violation of the right of
association, the State indicated that the mere membership of the victim in a political
party did not imply this violation, and that the Commission and the representatives
had tried to unduly extend its acknowledgement of responsibility to include harming
the political rights and freedom of expression of Senator Manuel Cepeda as an
individual, in order to exempt themselves from any need to prove the violation. In this
regard, it asked that the Court “declare that this violation was subsumed in the harm
to the political rights.” Finally the State indicated that the only purpose of including a
social dimension in the analysis would be to incorporate new victims in the
proceedings, and that the loss of legal status of the UP resulted from a failure to
comply with the legal and constitutional requirements.
170. As regards the violation of Article 11 of the Convention, the Court has already
verified that public officials made statements concerning the alleged connections
between the UP and the FARC (supra paras. 85 to 87). However, when acknowledging
the violation of Mr. Cepeda’s right to protection of his honor and dignity, the State
declared that it made the acknowledgement because it had failed to protect him from
threats related to statements made by various private individuals, organizations and
public officials, for which it alleged that it was not responsible. In relation to the failure
to take preventive measures with regard to the right to life, the Court has already
indicated that public officials could not ignore the rights of Senator Cepeda Vargas in
their statements, since they were guarantors of those rights.245 Therefore, the Court
does not need to weigh the Senator’s right to honor and dignity against the freedom of
expression of other officials or other sectors of society, as the State proposes.
Consequently, the Court takes note of the State’s acknowledgement of responsibility in
this regard.
171. Although each of the rights contained in the Convention has its own sphere,
meaning and scope, it sometimes becomes necessary to analyze them together, owing
to the specific circumstances of the case or the necessary interrelation among certain
rights, in order to make an appropriate assessment of the possible violations and their
consequences. In the instant case, the Court will examine the dispute that subsists
concerning the alleged violation of political rights, freedom of expression, and freedom
of association together, in the understanding that these rights are of fundamental
importance under the inter-American system, because they are closely interrelated
and, together, make democracy possible.246 Additionally, Senator Cepeda Vargas was,
245
Cf. Apitz Barbera et al. (“First Administrative Court”) v. Venezuela. Preliminary objection, merits,
reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 131; Case of Perozo et al. v.
Venezuela, supra note 49, para. 151, and Case of Ríos et al. v. Venezuela, supra note 49, para. 139.
246
Cf. Case of Castañeda Gutman v. Mexico, supra note 28, para. 140. Similarly, the Constitutional Court of
Colombia, “under the Constitution and under the doctrine of human rights, the freedoms of expression, assembly
and association form a trilogy of personal freedoms that are also a pre-requisite for political rights.” Judgment C-
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