101
248. Based on the above, the Court concludes that the State violated Article 19 of
the American Convention, in connection with Articles 4(1), 5(1) and 1(1) thereof, to
the detriment of Wilmar de Jesús Restrepo Torres, Jorge Correa Sánchez, Omar
Daniel Pérez Areiza, José Leonel Areiza Posada and Marco Aurelio Areiza Posada.
XIV
ARTICLE 5 OF THE AMERICAN CONVENTION
(RIGHT TO HUMANE TREATMENT)
IN RELATION TO ARTICLES 1(1), 6, 7, 11(2), 21 AND 22 THEREOF
The Commission’s arguments
249. In relation to the alleged violation of Article 5 of the American Convention,
the Commission alleged that the State’s acknowledgement of responsibility covered
this violation to the detriment of Marco Aurelio Areiza Osorio and Rosa Areiza. The
Commission did not formulate additional arguments in favor of other alleged victims
for the violation of the right to humane treatment.
The representatives’ arguments
250.
In relation to Article 5(1) of the Convention the representatives stated that:
(a)
The State is responsible for the violation of the right to humane
treatment to the detriment of:
i.
ii.
iii.
iv.
v.
The persons who were executed in the districts of El Aro and La
Granja, and their next of kin;
The persons allegedly detained and obliged to herd livestock;
The persons who allegedly lost their possessions in El Aro;
The persons who allegedly were forced to displace from La Granja
and El Aro; and
The inhabitants of La Granja and El Aro;
(b)
One element that caused particular panic, terror and defenselessness
among the inhabitants was the paramilitary group’s accusation that the
alleged victims, and the population in general, collaborated with the guerrilla.
This accusation, in a context of armed conflict such as the one in which these
facts occurred, caused a greater degree of vulnerability and fear; and
(c)
The inhabitants of La Granja and El Aro were affected because they
were threatened and terrorized, and also because they were forced to
displace to safeguard their lives.
The State’s arguments
251. The State acknowledged its responsibility for the violation of the right to
humane treatment embodied in Article 5(1) to the detriment of Marco Aurelio Areiza
and Elvia Rosa Areiza Barrera. The State did not present arguments regarding the
violation of this article to the detriment of the other alleged victims mentioned by the
representatives.
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