89
306. The petitioners claim in the merits stage that the forced displacement had a particularly
serious effect on several of the children and other family members of Ms. Rúa, Ospina, and Mosquera
because they were minors when they had to confront said violation of human rights. They contend that
several of them were adversely affected when they had to be displaced along with their mothers and
grandmothers, while other children had to remain on their own in Comuna 13 for economic or security
reasons. Even though the IACHR has not ruled on Article 19 in the admissibility reports of the cases of
Mmes Mosquera and Ospina, the facts supporting such allegations are part of the record of the instant
case and, additionally, the petitioners made arguments in this regard from the beginning and,
consequently, the State was able to refute the arguments. Based on the foregoing, the Commission
finds that the proven facts bear out that there are sufficient elements to rule on the alleged violations
pertaining to the rights of the children Bárbara del Sol Palacios Rúa (12), Úrsula Manuela Palacios Rúa
(10); Valentina Estefanía Tobón Rúa (3); Migdalia Andrea Hoyos Ospina (12); Lubín Alfonso Villa
Mosquera (6); and Marlon Daniel Herrera Mosquera (12).
307. The IACHR finds that the failure to prevent and protect described above has had a
particularly serious impact on the children and grandchildren of Mmes Rúa, Ospina and Mosquera, who
are identified in the previous paragraph. As for Ms. Rúa and Ospina, daughters Bárbara del Sol, Úrsula
Manuela, Valentina Estefanía, and Migdalia Andrea suffered from the emotional aftereffects of the
forced displacement, along with the loss of all their personal possessions, and having to adapt to a new
environment and reality. Ms. Ospina explained to the IACHR how her daughters Bárbara del Sol, Úrsula
Manuela and Valentina Estefanía had to leave their house and all of their belongings, live in several
different residences and the instability that such a situation is fraught with; they were the targets of
threats by the paramilitary members; they had to stop attending school; and they were forced to live in
Uruguay for a year as a result of the continuing threats on their mother’s life.436 In her statement before
the IACHR, Ms. Rúa mentioned geographic impediments that she had to confront so that her 13 year-old
daughter, at the time of the incidents, Migdalia Andrea, could continue to go to school, and the painful
memory that she has of the experience.437
308. Regarding Ms. Mosquera, her grandson Lubín Alfonso Villa Mosquera, 6 year-old at the
time of the incidents, went with her during her forced displacement, and suffered along with his
grandmother and mother from the act of being uprooted that is involved in forced displacement, the
related economic hardship, and the fear of the violence and discrimination in the receiving
community.438 Her son Marlon Daniel Herrera Mosquera – 12 years of age at the time of the events –
could not be displaced with his mother for reasons of insecurity in Comuna 13, and had to live away
from his mother and family for two years.439
436
Annex 15. Statement of Luz Dary Ospina Bastidas received by GIDH addressed to the Inter-American Commission
on Human Rights, April 27, 2012.
437
Annex 3. Statement of Miryam Eugenia Rúa Figueroa received by GIDH addressed to the Inter-American
Commission on Human Rights, April 27, 2012.
438
Annex 78. Statement of María del Socorro Mosquera received by GIDH c addressed to the Inter-American
Commission on Human Rights, on May 2, 2012.
439
Annex 78. Statement of María del Socorro Mosquera received by GIDH c addressed to the Inter-American
Commission on Human Rights, on May 2, 2012.