58
submitted information to the IACHR regarding the military operations undertaken by the State in
Comuna 13 during 2002, and how said operations particularly affected the civilian population. Secondly,
they contended that after the aforementioned operations, the paramilitary groups moved into Comuna
13 – even with the presence of the public security forces – and they took actions against women human
rights defenders with the acquiescence of the State. Thirdly, the parties introduced information
regarding the internal state of unrest declared by the Colombian State on August 11, 2002, which was in
effect throughout the territory of Colombia for 90 days, and was first extended on November 8, 2002,
and extended once again on February 5, 2003.
207. Regarding the first element, the IACHR finds that the incidents took place in the context
of Colombia’s internal armed conflict, as a result of clashes between the illegal armed groups and the
public security forces, with subsequent collusion between the paramilitary groups and the public
security forces in the area; and the consequences of this situation have persisted to this day for the
victims involved in this matter. The IACHR has taken a position on the general and special duties of the
Colombian State to protect the civilian population it is responsible for in the midst of the armed conflict
that has been affecting the country for more than forty years now; and these duties emanate from
several provisions of the American Convention, as well as from the principles of distinction and
proportionality enshrined in international humanitarian law.263 Consequently, the Commission shall
examine the claims of the parties in light of the context of the armed conflict in which the events
unfolded, the relevant provisions of the American Convention,264 and international humanitarian law.
In its considerations of law, the IACHR shall also take into account its pronouncements relevant to the
specific impact of the Colombian armed conflict on women, and the concrete risks that stem from that
context of the activities of women human rights defenders.
208. With regard to the second element, the petitioners claim several incidents allegedly
perpetrated not only by agents of the State, but also by paramilitary groups based in the area of
Comuna 13. With regard to the nature of the paramilitary forces, as established by the IACHR, the
Colombian State has played an important role in the development of the paramilitary or self-defense
groups, which it allowed to act with legal protection and legitimacy in the 1970’s and 1980’s, being
responsible for their existing and strengthening at that time.265 Even though the State adopted
particular legislative measures in order to prohibit, prevent and punish the activities of the self-defense
or paramilitary groups, these measures have not been translated into concrete and effective measures
to defuse the risk that the State itself contributed to creating.266 Said risk – as has been noted by the
263
The IACHR has conveyed its impressions and points of view on the general human rights situation in Colombia
periodically in Chapter IV of its annual reports for 1995, 1996, 2000-2011, in its Third Report on the Human Rights Situation in
Colombia. OEA/Ser.L/V/II.102, Doc. 9, rev. 1, February 26, 1999, and in its Report on the Demobilization Process in Colombia,
OEA/Ser.L/V/II.120, Doc. 60, December 13, 2004.
264
The Commission will broadly interpret the rights of the American Convention based on other international
instruments that are relevant to the case, as provided in Article 29(b) therein. Article 29(b) establishes that no provision of the
American Convention may be interpreted in such a way as to “restrict the enjoyment or exercise of any right or freedom
recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party.”
See, IACHR, Case of the Rio Negro Community of the Maya Indigenous People and its members (Massacre of Rio Negro), July 14,
2010, par. 224.
265
IACHR, Third Report on the Human Rights Situation in Colombia, OEA/Ser/L/V/III.102 Doc. 9 rev. 1, February 26,
1999, Chap. 1, pars. 7-19, 236; IACHR, Merits Report No. 64/11, Case 122.573, Marino Lopez et al (Operation Genesis),
Colombia, March 31, 2011, par. 225.
266
IA Court of HR, Case of Valle Jaramillo et al v. Colombia. Merits, Reparation and Costs. Judgment of November 27,
2008, Series C No. 192, par. 80..