-105violations of humane treatment by having to observe such acts against others and
the assassination of the latter, which caused them to fear the same fate. Thus, it
would be illogical to limit the determination of acts contrary to humane treatment to
only some of the alleged victims.
153. This finding leads the Court to conclude that, because it failed in its
prevention, protection and investigation obligations, the State is responsible for the
violation of the rights to life, humane treatment and personal liberty embodied in
Articles 4(1), 5(1), 5(2), 7(1) and 7(2) of the Convention, in relation to Article 1(1)
thereof, owing to failure to comply with its obligation to ensure these rights, to the
detriment of the following six persons deprived of life: Andrés Manuel Peroza
Jiménez, Juan Luis Escobar Duarte, José Leonel Escobar Duarte, Ovidio Carmona
Suárez, Ricardo Bohórquez Pastrana and Jorge David Martínez Moreno, and of the
following 37 disappeared: José del Carmen Álvarez Blanco, Fermín Agresott Romero,
Víctor Argel Hernández, Genor Arrieta Lora, Cristóbal Manuel Arroyo Blanco,
Diómedes Barrera Orozco, Urías Barrera Orozco, Jorge Fermín Calle Hernández,
Jorge Arturo Castro Galindo, Benito Genaro Calderón Ramos, Juan Miguel Cruz (or
Cruz Ruiz), Ariel Dullis Díaz Delgado, Camilo Antonio Durango Moreno, César
Augusto Espinoza Pulgarín, Wilson Uberto Fuentes Miramón, Andrés Manuel Flórez
Altamiranda, Santiago Manuel González López, Carmelo Manuel Guerra Pestana,
Miguel Ángel Gutiérrez Arrieta, Lucio Miguel Úrzola Sotelo, Ángel Benito Jiménez
Julio, Miguel Ángel López Cuadro, Mario Melo Palacio, Carlos Antonio Melo Uribe,
Juan Bautista Meza Salgado, Pedro Antonio Mercado Montes, Manuel de Jesús
Montes Martínez, José Encarnación Barrera Orozco, Luis Carlos Ricardo Pérez, Miguel
Antonio Pérez Ramos, Raúl Antonio Pérez Martínez, Benito José Pérez Pedroza, Elides
Manuel Ricardo Pérez, José Manuel Petro Hernández, Luis Miguel Salgado Berrío,
Célimo Arcadio Hurtado and Jesús Humberto Barbosa Vega.
d) The right to humane treatment of the next of kin of those disappeared and
deprived of life
154. This Court has stated on many occasions,224 that the next of kin of the victims
of human rights violations may also be victims. In this regard, the Court has
considered that the right to mental and moral integrity of the next of kin of the
victims has been violated owing to their suffering as a result of the specific
circumstances of the violations perpetrated against their loved ones and the
subsequent acts or omissions of the State authorities with regard to the events.225
155. In this case, the Court considers it has been proved that the paramilitary
group that raided Pueblo Bello ransacked some of the houses, mistreating the
occupants, and took an unknown number of men from their homes to the village
square. Also, some members of the armed group entered the church in front of the
square and ordered the women and children to remain inside and the men to go out
into the square. Several of the villagers saw how the paramilitary group took their
next of kin and witnessed how the latter were tied up, gagged and obliged to get into
the two trucks used to transport the paramilitary group (supra paras. 95(33) and
224
Cf. Case of Gómez Palomino, supra note 10, para. 60; Case of the “Mapiripán Massacre”, supra
note 7, paras. 144 and 146, and Case of the Serrano Cruz Sisters, supra note 214, paras. 113 and 114.
225
Cf. Case of Gómez Palomino, supra note 10, para. 60, Case of the “Mapiripán Massacre”, supra
note 7, paras. 144 and 146, and Case of the Serrano Cruz Sisters, supra note 214, paras. 113 and 114.
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