THE COURT
DECIDES,
unanimously,
1.
To establish that it is not in order to rule in a preliminary manner on the claims made by
the State as “preliminary objections,” in the terms of paragraphs 33 to 36 of this Judgment.
DECLARES,
unanimously that:
2.
The State is responsible for the violation of the rights to personal integrity and not to be
forcibly displaced (included in the right to freedom of movement and residence), recognized in
Articles 5(1) and 22(1) of the American Convention, in relation to Article 1(1) of this
instrument, to the detriment of the members of the Afro-descendant communities displaced
from the Cacarica River basin and/or who were present at the time of the paramilitary
incursions, as described in paragraphs 241 to 280 of this Judgment.
3.
The State is responsible for the violation of the rights to life and to personal integrity,
recognized in Articles 4(1), 5(1) and 5(2) of the American Convention, in relation to Article 1(1)
of this instrument, to the detriment of Marino López Mena, owing to its failure to comply with its
obligations of prevention, protection and investigation, as well as for the violation of the right to
personal integrity to the detriment of his next of kin, as described in paragraphs 281 to 282 of
this Judgment.
4.
The State is responsible for failing to comply with its obligations to ensure humanitarian
assistance and a safe return, in violation of the right to freedom of movement and residence
and of the right to personal integrity, recognized in Articles 22(1) and 5(1) of the American
Convention, in relation to Article 1(1) of this instrument, to the detriment of the Afrodescendant communities of the Cacarica River basin who were in a situation of forced
displacement, as described in paragraphs 315 to 324 of this Judgment.
5.
The State is responsible for the violation of the right to personal integrity, recognized in
Article 5 of the American Convention, in relation to Articles 1(1) and 19 of this instrument, to
the detriment of the displaced children of the Afro-descendant communities of the Cacarica
River basin, as well as of those who were born in a situation of displacement, indicated in
Annexes II and III of this Judgment, as described in paragraphs 327 to 331 of this Judgment
6.
The State is responsible for the violation of the right to collective property, recognized in
Article 21 of the American Convention, in relation to Article 1(1) of this instrument, to the
detriment of the members of the Afro-descendant communities displaced from the Cacarica
River basin and of the members of the Community Council of the Communities of the Cacarica
River basin, as described in paragraphs 344 to 358 of this Judgment.
7.
The State is responsible for the violation of the rights to judicial guarantees and judicial
protection, recognized in Articles 8(1) and 25 of the American Convention, in relation to Article
1(1) of this instrument, to the detriment of the next of kin of Marino López, of the members of
the Afro-descendant communities displaced from the Cacarica River basin, and of the
Community Council of the Communities of the Cacarica River basin, as described in paragraphs
368 to 410 of this Judgment
8.
The State is not responsible for the violation of the rights to life and to personal integrity,
recognized in Articles 4 and 5 of the American Convention, in relation to the bombing carried
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