90
309. Several of the children mentioned above had to leave their homes, their schooling was
disrupted, and they were torn away from their community circle of friends at a young age. Bárbara del
Sol, Úrsula Manuela, Valentina Estefanía, and Migdalia Andrea, were unable to return to their original
home because of the serious security situation that still affects Comuna 13 and because of great
economic want. The girls were also affected by the gaps in the humanitarian aid received by their
respective mothers. The IACHR also deeply regrets that the grandson of Ms. Mosquera – Lubín Alfonso
– was murdered a few years later, when he was only 14 years of age.440 Ms. Mosquera also testified
how Marlon Daniel Herrera Mosquera stays at home for weeks on end out of fear, and as she puts it:
“never leaves because he is afraid that something will happen to him.”441
310. The Commission views that under the purview of its duty to prevent forced
displacement, the State had an obligation of heightened protection toward the affected children. This
obligation includes adopting measures aimed at meeting their special needs during the displacement.
Nothing in the case file before the IACHR leads to believe that the State made any reasonable effort to
adopt the aforementioned measures.
311. In view of the foregoing, the IACHR finds that the State is responsible for the violation of
Article 22, in connection with Articles 19 and 1.1, to the detriment of the children Bárbara del Sol
Palacios Rúa; Úrsula Manuela Palacios Rúa; Valentina Estefanía Tobón Rúa; Migdalia Andrea Hoyos
Ospina; Lubin Alfonso Villa Mosquera; and Marlon Daniel Herrera Mosquera.
E.
Right to Property (Articles 21.1 and 2442), in connection with Article 1.1 of the
American Convention
312. The Court has addressed the appropriation and destruction of homes by armed actors in
the context of the armed conflict in Colombia as acts overtly violating Article 21 of the American
Convention.443 Moreover, it has cited the prohibitions set forth in Article 13 (Protection of the civilian
population) and 14 (Protection of the objects indispensable to the survival of the civilian population) of
Protocol II of the Geneva Conventions.444
440
IACHR, Request to expand provisional measures before the Honorable Inter-American Court of Human Rights in
reference to the Matter of Mery Naranjo et al – Comuna 13, Colombia, March 3, 2011; Decision of the Inter-American Court of
Human Rights in the Matter of Mery Naranjo et al – Comuna 13, Colombia, March 4, 2011.
441
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.
442
Article 21 of the American Convention establishes in the relevant portion that:
1.
Everyone has the right to the use and enjoyment of his property. The law may subordinate such
use and enjoyment to the interest of society.
2.
No one shall be deprived of his property except upon payment of just compensation, for reasons
of public utility or social interest, and in the cases and according to the forms established by law.
443
IA Court of HR, Case of the Massacres of Ituango v. Colombia. Preliminary Objections, Merits, Reparation and
Costs. Judgment July 1, 2006 Series C No. 148, pars. 179-180.
444
IA Court of HR, Case of the Massacres of Ituango v. Colombia. Preliminary Objections, Merits, Reparation and
Costs. Judgment July 1, 2006 Series C No. 148, pars. 179-180.