-124to obtain from the competent State bodies the clarification of the illegal facts and the
corresponding responsibilities, by investigation and prosecution.246
220. In this case, the representatives have not proved specifically that the State
curtailed the freedom of expression of the next of kin of the persons disappeared and
deprived of life, by eliminating it or restricting it beyond what is legitimately allowed.
In keeping with its case law, the right to the truth of the next of kin has been
considered when declaring the violation of Articles 8(1) and 25 of the Convention in
relation to Article 1(1) thereof (supra paras. 170, 171, 178, 182, 183, 187, 192,
204, 211 and 212), and also in the reparations (infra paras. 265 to 273).
Consequently, the Court considers that the State has not violated Article 13 of the
American Convention.
XI
ARTICLE 22 OF THE AMERICAN CONVENTION
(FREEDOM OF MOVEMENT AND RESIDENCE)
Arguments of the Commission
221. The Commission did not allege the violation of Article 22 of the American
Convention.
Arguments of the representatives
222.
In their allegations during the public hearing, the representatives stated that:
(a) The facts of January 14, 1990, in Pueblo Bello have obliged the alleged
victims’ next of kin to undergo forced displacement from the place where
they lived and worked and, 15 years after the facts occurred, they have
been unable to return without fear to the jurisdiction and, in most cases,
to their previous conditions and quality of life, and
(b) In the instant case, the State has not guaranteed the right of the alleged
victims’ next of kin to live and remain in Pueblo Bello and it has not reestablished the conditions or provided the means that would allow them to
return voluntarily to the jurisdiction, without fear, and with security and
dignity.
223. In their final written arguments, in addition to confirming their allegations
during the public hearing, the representatives alleged that:
(a) Although they had not referred to the displacement of the alleged victims’
next of kin in their requests and arguments brief, the facts presented in
the application, explained, clarified and proved by both the Commission
and the representatives during the proceedings before the Court, allow it
to be established that forced internal displacement occurred and, thus,
Article 22(1) of the Convention was violated, which the Court can declare
by applying the iura novit curia principle, and
246
Cf. Case of Blanco Romero et al., supra note 10, para. 62; Case of the Serrano Cruz Sisters,
supra note 214, para. 62, and Case of the Plan de Sánchez Massacre. Reparations (Art. 63(1) American
Convention on Human Rights). Judgment of November 19, 2004. Series C No. 116, para. 97.
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