108
individually identified in this proceeding: Carmen Johanna Jaramillo Giraldo, Gustavo
Caicedo Contreras, Maryuri Caicedo Contreras, Rusbel Asdrúbal Martínez Contreras
and the Valencia Sanmiguel siblings, that is, Nadia Mariana, Yinda Adriana, Johanna
Marina, Roland Andrés and Ronald Mayiber.
XII
INTERNAL DISPLACEMENT OF THE NEXT OF KIN OF THE VICTIMS
(ARTICLE 22(1) OF THE AMERICAN CONVENTION
IN COMBINATION WITH ARTICLES 4(1), 5(1), 19 AND 1(1) OF THAT CONVENTION)
Pleadings of the Commission
164. The Inter-American Commission did not allege violation of Article 22(1) of the
American Convention in the application, but it referred to the situation of
displacement faced by the next of kin of the victims, in its pleadings on the
abridgment of Articles 5, 8(1) and 25 of the Convention. Nevertheless, in its final
written pleadings it pointed out that “the facts acknowledged by the State
substantiate its international responsibility both for the violation of Articles 4(1), 5(1)
and (2) and 7 (1) and (2) of the American Convention to the detriment of
approximately 49 fatal victims […] and for lack of due judicial elucidation of the
facts, reparation of their effects, and consequent abridgment of Articles 8(1), 19, 22,
25 and especially 1(1), which are still part of the dispute.”
Pleadings of the representatives
165. The representatives argued that, in view of the domestic displacement forced
upon the next of kin of the victims that they represent, the State is responsible for
violating Article 22(1) of the American Convention. They specifically based their
request on the following reasons:
a)
the rights of movement and of residence of the alleged victims and
their next of kin were breached in three ways:
i. during the days when the paramilitary occupied Mapiripán, they kept
the inhabitants imprisoned in their houses while they carried out
their plan of detention, torture, murders and disappearances;
furthermore, the State did not take steps to rescue the victims of the
massacre or their next of kin;
ii. due to the massacre and the State’s inaction, all the next of kin of
the alleged victims were forced into displacement. The residents of
the town had to abandon their homes, their jobs and their
community, and were displaced.
The population of Mapiripán
declined from roughly 3000 individuals to approximately 135
families;
iii. six years after the massacre, the State has not ensured the
necessary security conditions, given the public order situation in
Mapiripán, for the next of kin of the alleged victims to return to their
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