*
151. Lastly, the Court understands that, from the facts established in the preceding
paragraphs and, as stipulated in Articles 1(1), 11 and 21 of the American Convention, the
State had the obligation to investigate the interferences in the family homes and the
violation of the victims’ right to property. The obligation to guarantee the said rights by
means of a serious, complete and effective investigation into what happened will be
assessed in Chapter X of this judgment.
IX
RIGHTS TO FREEDOM OF MOVEMENT AND RESIDENCE, PROTECTION OF THE
FAMILY, AND RIGHTS OF THE CHILD
A. Arguments of the parties
152. The Commission indicated that, in this case, the threats to the alleged victims were
made by members of the police forces and resulted in the victims’ displacement from their
usual place of residence owing to the lack of protection from the danger they faced.
Irrespective of the fact that they only moved house for a short time or that some members
of the family have returned, the mere fact that they had to move to protect themselves is
sufficient to establish the State’s responsibility for violating the right embodied in Article
22(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of all
the persons included in the list of those displaced.190 In addition, regarding the children, it
indicated that the State had also violated Article 19 of the American Convention.
153. The representatives agreed in substance with the Commission’s arguments and
indicated that the displacements produced negative effects on the families and on their
members, such as the loss of their homes, unemployment, deterioration in their living
conditions, interruption of the education of the children, rupture of the previous harmonious
relations of the family, and serious psychological repercussions. They concluded that the
State was responsible for the said displacement, because of its failure to prevent and to
avoid human rights violations against the alleged victims, which it knew had taken place,
and for failing to provide the necessary guarantees so that they could live in Guanayén in
safety. Also, the State was responsible for the direct actions of its police agents who
participated in the violent incidents against the family that resulted in their displacement.
154. In addition, they argued that there had been a direct effect on the entire family
owing to the constant threats and persecution suffered by its members, the displacement of
which they were victims, the disruption of their community, the fragmentation of the family
group, and the loss, for many of its members, of the essential father figure, owing to the
190
Cf. Commission’s Report No. 11/10, supra note 4, folio 146: Justina Barrios, Eloisa Barrios, Beatriz Adriana
Cabrera Barrios, Víctor Daniel Cabrera Barrios, Luilmari Carolina Guzmán Barrios, Luiseidys Yulianny Guzmán
Barrios, Elbira Barrios, Darelbis Carolina Barrios, Oscar José Barrios, Elvis Sarais Colorado Barrios, Cirilo Antonio
Colorado Barrios, Lorena del Valle Pugliese Barrios, Maritza Barrios, Wilmer José Flores Barrios, Génesis Andreina
Navarro Barrios, Víctor Tomas Navarro Barrios, Heilin Alexandra Navarro Barrios, Néstor Caudi Barrios, Brígida
Oneyda Barrios, Marcos Antonio Díaz Barrios, Sandra Marivi Betancourt Barrios, Juner José Betancourt Barrios,
Wilneidys Betania Pimentel Barrios, Wilker Felipe Pimentel Barrios, Inés Barrios, Daniela Yotselín Ortiz Barrios,
Edinson Alexander Ortiz Barrios, Johjan Ramón Perozo Barrios, Luisa del Carmen Barrios, Gustavo Ravelo, Lusiany
Nazareth Ravelo Barrios, Orismar Carolina Alzul García, Ronis David Barrios Alzul, Roniel Alberto Barrios Alzul, Luís
Alberto Alzul, Dalila Ordalys Ortuño, Jorge Antonio Barrios Ortuño, Carlos Alberto Ortuño, Junclis Esmil Rangel
Teran, Annarys Alexandra Barrios Rangel, Juan José Barrios, Orianny Nazareth Pelae and Oriana Nazareth Pelae,
Pablo Julián Solórzano Barrios, Beneraiz de la Rosa and Danilo David Solórzano de la Rosa.
52
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