Court concludes that the State violated the rights recognized in Articles 3, 4(1), 5(1), 5(2) and 7(1)
of the American Convention, in relation to Article 1(1) of this instrument, all in relation to the
obligations established in Article I(a) of the Inter-American Convention on Forced Disappearance of
Persons, to the detriment of Rosendo García Sermeño, Félix Lux, Félix Salvatierra Morales, Andrea
Castellanos Ceballos, Braulia Sarceño Cardona, Edelmira Girón Galbez and Paula Morales, and the
children, Norma Morales Alonzo, Victoriano Salvatierra Morales, Antonio Santos Serech and Joselino
García Sermeño. The State also violated Article 19 of the Convention in the case of these children
(infra paras. 88 to 93).
b.2
Right to freedom of movement and residence
76. With regard to this right, the Court has indicated that “the right to freedom of movement and
residence, protected by Article 22(1) of the American Convention, is an essential condition for the free
development of the individual and includes, inter alia, the right of those who are legally within a State
to move freely within it and also to choose their place of residence.”119
77. It should also be emphasized that this right may be violated formally or by de facto restrictions
when the State has not established the conditions, or provided the means, that permit it to be
exercised.120 The Court has established that, owing to the complexity of the phenomenon of internal
displacement and the broad range of human rights that it affects or jeopardizes, and based on the
circumstances of special vulnerability and defenselessness in which those displaced generally find
themselves, their situation can be understood as a de facto situation of lack of protection. Such de
facto violations can occur when anyone is a victim of threats or harassment and the State does not
provide the necessary guarantees for them to freely travel and reside in the territory in question. 121
The Court has also asserted that the absence of an effective investigation into violent acts may give
rise to or perpetuate forced displacement or exile.122
78. Furthermore, the Court recalls that the obligation to ensure the right of freedom of movement
and residence should also include the actions undertaken by the State to ensure that displaced
populations are able to return to their places of origin without risk of their rights being violated. In
this regard, the Court reaffirms that the State obligation to protect the rights of those displaced entails
not only the duty to adopt preventive measures, but also to provide the necessary conditions for a
dignified and safe return to their usual place of residence or their voluntary resettlement in another
part of the country. To this end, the full participation of those displaced in the planning and
management of their return or reintegration must be guaranteed. 123
79. Lastly, the Court notes that forced displacement is also of a permanent nature124 until the
conditions are established for the victims to be able to return to their territory.
Peru. Preliminary objections, merits, reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 31.
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004. Series C No.
111, para. 115, and Case of Alvarado Espinoza et al. v. Mexico, supra, para. 274.
119
Cf. Case of the Moiwana Community v. Suriname. Preliminary objections, merits, reparations and costs. Judgment
of June 15, 2005. Series C No. 124, paras. 119 and 120, and Case of Alvarado Espinoza et al. v. Mexico, supra, para. 274.
120
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series
C No. 192., para. 139, and Case of Alvarado Espinoza et al. v. Mexico, supra, para. 274
121
Cf. Case of the Moiwana Community v. Suriname, supra para. 120, and Case of Alvarado Espinoza et al. v. Mexico,
supra para. 274.
122
Cf. Case of Chitay Nech et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May
25, 2010. Series C No. 212, para. 149, and Case of Carvajal Carvajal et al. v. Colombia. Merits, reparations and costs.
Judgment of March 13, 2018. Series C No. 352, supra, para. 190.
123
124
Cf. Inter alia, Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 155 to 157, and Case of Alvarado
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