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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