81
considers that the State violated Article 6(2) of the Convention to the detriment of
these same people, and also 16) Tomás Monsalve and 17) Felipe “Pipe” Gómez.
XI
ARTICLE 21 OF THE AMERICAN CONVENTION
(RIGHT TO PROPERTY)
ARTICLE 11(2), IN RELATION TO ARTICLE 21 THEREOF
(RIGHT TO HONOR AND DIGNITY)
ALL IN RELATION TO ARTICLE 1(1) THEREOF
The Commission’s arguments
169. Regarding the alleged violation of Article 21 of the Convention, the InterAmerican Commission alleged that:
(a)
Before abandoning the district of El Aro, “the paramilitary group
destroyed and set fire to almost all the houses in the urban center so as to
cause terror and forced displacement”;
(b)
When they left El Aro, the paramilitary group “stole around 1,200
horses, mules and cattle belonging to the inhabitants”;
(c)
The acts of arson and theft of the property of the El Aro families “were
perpetrated with the direct collaboration of members of law enforcement
bodies”; and
(d)
The alleged victims of the violation of Article 21, owing to “the theft of
livestock or the loss of their homes,” are: Libardo Egidio Mendoza, Luis
Humberto Mendoza Arroyave, Ricardo Alfredo Builes Echeverri, Bernardo
María Jiménez Lopera, Francisco Osvaldo Pino Posada and Omar Alfredo
Torres Jaramillo.
The representatives’ arguments
170. Regarding the violation of Article 21 of the American Convention, the
representatives alleged that:
(a)
The paramilitary group stole approximately 1,200 head of livestock
from the farms of El Aro and other villages in the municipalities of Puerto
Valdivia and Ituango;
(b)
The paramilitary group set fire to at least 80% of the homes in El Aro,
as well as others on the road to Puerto Valdivia;
(c)
These acts were perpetrated “with the direct participation and support
of agents of the National Army, under the permissive regard and omissive
attitude of their superior civil and military authorities,” who failed to adopt
any measure to avoid the acts;
(d)
“Law enforcement bodies had possession of the stolen livestock”;
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