80
165. In this case, the Court considers that the absence of free choice concerning
the herding of the livestock has been proved. The herdsmen did not offer voluntarily
to perform the work in question. To the contrary, they were deprived of their liberty,
taken to remote places and obliged for at least 17 days to perform work against their
will, to which they submitted to save their life. The herdsmen understood that they
were compelled to perform the work imposed on them, because, if they did not
agree, they could be murdered in the same way as several other villagers.
iii) Connection with State agents
166. Lastly, the Court considers that, in order to constitute a violation of Article
6(2) of the American Convention, it must be possible to attribute the alleged
violation to State agents. In this case, the participation and acquiescence of
members of the Colombian Army in the paramilitary incursion in El Aro and in the
ordering of a curfew to facilitate the theft of the livestock has been proved. It has
also been proved that State agents received stolen livestock from the herdsmen.
167. To identify the victims in this case in relation to the violation of Articles 6(2)
and 7 of the Convention, the Court has used various criteria. First, the said alleged
victims can be identified based on the application, because it included the facts
relating to the alleged forced herding and the exact number of victims. The
Commission indicated that “the paramilitary group compelled 17 peasants from the
zone to herd the [stolen] livestock to the destination points.”179 Second, in the
application, the Commission transcribed two testimonies which refer to these 17
herdsmen and mention the names of eight of them.180 Third, the State acknowledged
(supra para. 125(100)) and the ruling of September 30, 2002, issued by the
Attorney General’s Office also recognizes181 that, after perpetrating the massacre and
the acts of intimidation, the paramilitary group which raided El Aro stole the
inhabitants’ livestock and imposed on these 17 persons the work of assembling and
moving the livestock during approximately 17 days. Fourth, various testimonies have
been submitted at both the domestic level and before this Court, which prove
repeatedly the identity of these 17 herdsmen. Lastly, the foregoing is reinforced by
the fact that the representatives submitted the names of the “17” herdsmen
mentioned in the application in the briefs they have presented to the Court.
168. The Court considers that the victims of the violation of Article 7 of the
Convention, owing to deprivation of their liberty in order to force them to herd the
livestock are: 1) Francisco Osvaldo Pino Posada, 2) Omar Alfredo Torres Jaramillo, 3)
Rodrigo Alberto Mendoza Posso, 4) Noveiri Antonio Jiménez Jiménez, 5) Milciades De
Jesús Crespo, 6) Ricardo Barrera, 7) Gilberto Lopera, 8) Argemiro Echavarría, 9)
José Luis Palacio, 10) Román Salazar, 11) William Chavarría, 12) Libardo Carvajal,
13) Eduardo Rua, 14) Eulicio García and 15) Alberto Lopera. The Court also
179
Cf. paragraphs 55 and 62 of the Inter-American Commission’s application.
180
Alfredo Torres Jaramillo, Francisco Osvaldo Pino Posada, Ricardo Barrera, Omar Torres, Román
Salazar, Libardo Carvajal, Rodrigo Mendoza and Milcíades Crespo.
181
Cf. ruling of September 30, 2002, issued by the Attorney General’s Office (file of attachments to
the application, tome III, Appendix 62, folio 1381).
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