250. For its part, the State argued that the attack, the terror, and the destruction of the homes
were caused by the FARC guerrilla, and that the violation of the right to freedom of movement
could be attributed to that group. It also indicated that “the displacement of the inhabitants of
Santo Domingo cannot be attributed to the Armed Forces, which, under their obligations of
guarantee and protection, planned a ground and airborne operation, in order to control public order
and protect the civilian population,” in which the operative orders established “that the Armed
Forces [must] comply strictly with respect for human rights and international humanitarian law,
and [must] treat the civilian population in a respectful, friendly and firm manner.”
251. Likewise, the State indicated that, at the date of the facts, Law 387 (1997) was in force
“based on which measures were adopted to prevent forced displacement, to consolidate and to
provide attention, protection and socio-economic stabilization to the internally displaced owing to
the violence in […] Colombia,”365 and its implementation was coordinated by the then Social
Solidarity Network, which undertook measures to strengthen the administrative mechanisms and
entities that constituted the System for Integral Attention to the Displaced Population. In addition,
the State asserted that, although the displacement was a de facto situation that had not been
created by the Armed Forces, a series of actions had been taken in favor of the displaced: “(i)
emergency humanitarian aid was provided to the population that moved from the district of Santo
Domingo to the urban center of the municipality of Tame (Arauca); (ii) through its Armed Forces,
[the State] took back control of the area, which allowed all the inhabitants to return one month
after the events, and (iii) to ensure the sustainability of the return of the population, it signed and
implemented a housing reconstruction and improvement project in the village.” Lastly, in relation
to the subsequent assistance provided to some of the presumed victims, the State indicated that
“the beneficiaries included in the Single Register of Victims (RUV) were provided with
comprehensive assistance through the Emergency Humanitarian Aid (AHE) component, as well as
social programs for the displaced population,” and that, “information in the National Information
Network (RNI), reveals that the 11 individuals included in the RUV received humanitarian aid in
accordance with their vulnerability, once or more.”
A.2.
Alleged violation of the right to property
252. The Commission concluded that the State had violated the right recognized in Article 21 of
the Convention,366 in relation to Article 1(1) thereof, to the detriment of the victims of the
bombardment of Santo Domingo. It indicated that “owing to the limited precision and enormous
anti-personnel force of cluster devices, the bombing of the village of Santo Domingo caused
destruction to homes and properties in it,” and that, in some of the homes, property was stolen or
destroyed by soldiers who arrived in the village after the incident.” When submitting the case to
the Court, the Commission indicated that, “with regard to the identification of the victims of the
violations of the rights to freedom of movement and residence and to property, because of the
very nature of the facts of the case, [… it] was unable to obtain accurate information that would
enable it to specifically name all [of them, … so that,] given the intrinsic characteristics of the
violations established, as well as the displacement and its consequences, […it] gave special
consideration in its merits report to the need to apply a broad understanding of the definition of
victims.” Regarding the right to property, in particular, the Commission considered that the State
had violated that right to the detriment of 10 presumed victims who it identified, “among other
surviving victims who lived in the village of Santo Domingo, and [whose] property was looted or
destroyed and/or their homes damaged.
253. The representatives added that “owing to the enforced displaced caused by State agents,
some families lost or suffered damage to their homes, possessions, crops and animals that
provided their subsistence,” and that “the inhabitants of Santo Domingo who had sustainable and
stable living standards owing to their businesses had to undertake new employment activities,
365
Law 387 of 1997 July 18). The Colombian Congress.
366
Article 21 of the Convention establishes that “1. Everyone has the right to the use and enjoyment of his property.
The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except
upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms
established by law. […].”
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