90
(j)
724 persons were obliged to abandon Ituango, 31 of whom were
displaced from La Granja and 693 from El Aro;
(k)
Judgment 1150 of 2000 delivered by the Colombian Constitutional,
which examined the scope of Act 387 of July 18, 1997, stated that “forced
displacement violates international instruments, particularly the American
Convention, [and] the displaced status is not conferred by the formal
registration ordained by law, but rather by the expulsion to which the
displaced person was subjected”; and
(l)
Judgment 025 of 2004 delivered by the Colombian Constitutional
protected the fundamental rights of the displaced that were not recognized in
Act 387 of July 18, 1997, or in the interpretation included in consolidated
judgment 1150 of 2000.
The State’s arguments
203. In relation to the alleged violation of Article 22 of the Convention, the State
alleged that:
(a)
“The information available to the State does not allow it to conclude
that the regrettable and violent events which occurred in La Granja on June
11, 1996, were the cause of displacement, or that all the persons whose
names are cited in the petitioners’ brief were forced to leave their homes
owing to the events in El Aro in October 1997”;
(b)
Specifically in the case of La Granja, “neither the evidence gathered by
the domestic authorities, nor that alleged in these proceedings prove that the
events led to the forced displacement of some of the residents”;
(c)
In the case of El Aro, the State is unaware of: (1) which of the persons
indicated by the representatives “really” lived in El Aro; (2) what the
inhabitants did for a living; (3) the composition of their families; (4) whether
some of them “were really forced to displace to other zones”; (5) who
returned to El Aro and when, and (6) who relocated to a new place;
(d)
Several of the people who left El Aro “returned to their homes and
their work a few weeks after the events occurred”;
(e)
Of the list of displaced persons provided by the petitioners, only Luis
Humberto Mendoza Arroyave and Julio Eliver Pérez Areiza, together with their
family group of nine people appear on the Displaced Persons’ Register, and
they received the corresponding State assistance;
(f)
Currently, there is “a genuine public policy of prevention and
protection of persons at risk, including the displaced or those who could
become displaced,” administered by the Presidential Advisory Service, entitled
“Comprehensive care for the population displaced by violence”;
(g)
It has sought and received the support of the Office of the United
Nations High Commissioner for Refugees (UNHCR), which has had an office in
the country since 1997;
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