the situation of risk faced by someone because of their link to UP since 1992, the year in which the events in
this case occurred, that "being formally or reportedly linked to Unión Patriótica in the context of the political
and ideological persecution unleashed against its members or supporters, is a key determinant in the case for
saying that they felt their lives to be in danger.”80
104.
In light of the above information, the Commission notes that a succession of serious acts of
violence that caused deaths and physical injuries at the time of the events in this case, aimed at progressively
eroding the support of the public and the voters for UP within an environment of political tension and
particular danger for persons associated with that party, including its leaders, representatives, members, or
sympathizers who openly supported it, created a climate of risk and fear that steadily reduced its electoral
support.
V.
LEGAL ANALYSIS
A.
105.
Rights to juridical personality, personal liberty, humane treatment, and life (Articles
3, 7, 5, and 4 of the American Convention); and the Inter-American Convention on
Forced Disappearance of Persons [Article I (a)]
Article 3 of the American Convention provides:
Every person has the right to recognition as a person before the law.
106.
Article 4 (1) of the Convention states:
Every person has the right to have his life respected. This right shall be protected by law and,
in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
107.
Article 5 of the American Convention provides:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment
or treatment. All persons deprived of their liberty shall be treated with respect for the
inherent dignity of the human person.
108.
Article 7 of the American Convention provides:
1. Every person has the right to personal liberty and security.
109.
Article 1(1) of the Convention stipulates:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social origin, economic status,
birth, or any other social condition.
110.
Article 2 of the Convention provides:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
80 Constitutional Court of Colombia, Judgment T-439/92, M.P.: Eduardo Cifuentes Muñoz, July 2, 1992. Available at:
http://www.corteconstitucional.gov.co/relatoria/1992/t-439-92.htm