76
Convention to the detriment of those persons who have not been included in the
State’s acknowledgement of international responsibility.
146. The Court considers that it is opportune to examine together the alleged
violations of Articles 6(2) and 7 of the Convention since, first, the representatives
claimed the alleged violation of both articles to the detriment of the same people,
with the exception of two people, regarding whom it only alleged the violation of
Article 6 of the Convention and, second, the facts are closely related because the
herdsmen were allegedly deprived of their liberty and then obliged to herd livestock.
147. The Court observes that the Commission did not submit allegations in relation
to the alleged violations of Articles 6(2) and 7 of the American Convention, regarding
the persons mentioned by the representatives. However, the Court’s case law has
established clearly that the representatives may allege violations other than those
alleged by the Commission, provided these allegations relate to facts set out in the
application.170 In this regard, the Commission indicated in the section on the facts in
the application that, from the “evidence it is clear that the paramilitary group obliged
the 17 peasants from the zone to herd the livestock to their destination points.”171 In
addition, in that section of the application, the Commission transcribed the two
testimonies which refer to these “17” herdsmen.172 Consequently, the Court finds
that the representatives claimed the alleged violation of Article 6(2) of the
Convention, to the detriment of 17 alleged victims, based on the facts included in the
application, and Article 7 of the Convention to the detriment of 15 of these same
persons (supra paras. 141(b) and 142(a)).
148. Article 6(2) of the American Convention establishes that “[n]o one shall be
required to perform forced or compulsory labor. […]”
149.
Article 7 of the Convention stipulates that:
1.
Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under
the conditions established beforehand by the constitution of the State Party concerned
or by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and
shall be promptly notified of the charge or charges against him.
170
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 54; Case of García Asto and Ramírez
Rojas, supra note 5, para. 219; and Case of the “Mapiripán Massacre”, supra note 8, para. 57.
171
Paragraph 55 of the Inter-American Commission’s application.
172
The testimony of Alfredo Torres Jaramillo, transcribed in paragraph 55 of the Commission’s
application, indicates: “and from all of us they had assembled there with them, and I don’t remember
their names, they chose 17 of use and sent us to gather cattle and other animals from the farms and
collect them on one farm (...) they forced us, we had to herd them (...) we did not receive anything for
this.” Also, the testimony of Francisco Osvaldo Pino Posada, transcribed in paragraph 56 of the
Commission’s application, indicates: “we, the herdsmen, […] were obliged to herd the livestock; […] there
were 17 of us, including Ricardo Barrera, Omar Torres, Román Salazar, Libardo Carvajal, Rodrigo
Mendoza, Milcíades Crespo, etc.”
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