43
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•
•
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detriment of the children Marcos Neite (5), Erinson Olimpo Cárdenas (9), Ricardo
Ramírez (11), Hilda Yuraime Barranco (14), Lida Barranca (8), Yeimi Viviana
Contreras (17), Maryori Agudelo Flórez (17), Rosmira Daza Rojas (17) and Neftalí
Neite (17);
violation of the right to property recognized in Article 21(1) and (2) of the American
Convention, in connection with Article 1(1) thereof, to the detriment of the victims
who were divested of their property, as well as of the survivors who lived in the
village of Santo Domingo, whose homes and property were destroyed or looted;
violation of freedom of movement and residence embodied in Article 22(1) of the
American Convention, in connection with Article 1(1) thereof, to the detriment of
the persons who were displaced from the village of Santo Domingo;
violation of the right to a fair trial and judicial protection protected in Articles 8(1)
and 25 of the American Convention, in connection with Article 1(1) thereof, to the
detriment of the victims who were wounded and the next of kin of the victims who
are mentioned in Appendix 1 to the present report, and
violation of the right to humane treatment recognized in Article 5(1) of the American
Convention, in connection with Article 1(1) thereof, to the detriment of the next of
kin of the victims who names appear in Appendix 1 to the present report.
VII.
RECOMMENDATIONS
168.
Based on the arguments of fact and law given above,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE COLOMBIAN STATE:
1.
Conduct an impartial and thorough investigation within a reasonable time in order to
prosecute and punish all those who carried out and masterminded the human rights violations found
in the instant report.
2.
Investigate the link between State agents and the extractive industry that operates
in the area where the facts occurred and adopt the adequate measures to prevent that the facts
described in the instant report happen again.
3.
Establish, with the participation of the community in its design and implementation,
a collective reparation mechanism that recognizes the impact that the bombardment had on the
civilian population of the village of Santo Domingo to remedy the grave and durable consequences
for the community as a whole and that takes into consideration development initiatives on health,
housing and education.
4.
Adopt such measures as may be necessary to prevent a repetition of patterns of
violence against the civilian population in keeping with the duty to protect and ensure the
fundamental rights recognized in the American Convention. In particular, implement permanent
programs on human rights and international humanitarian law in the armed forces training schools.
5.
Provide adequate reparation for the human rights violations found in the instant
report in material as well as moral respects, including elucidation and circulation of the truth of the
events, remembrance of the deceased victims, and implementation of an adequate program of
psychosocial care for surviving family members.
6.
Provide reparation to the children affected by the bombardment of the village of
Santo Domingo through measures in which the best interest of the child prevails, the respect for