87
8.
The State is responsible for the violation of judicial guarantees and judicial protection
enshrined in Articles 8(1) and 25(1) of the American Convention on Human Rights, in relation
to Article 1(1) of the same instrument, to the detriment of Carmen Teresa Omeara Miraval,
for failing to diligently investigate the alleged facts of the threats she suffered, in accordance
with the provisions of paragraph 261 of this judgment.
9.
The State is responsible for the violation of the right to movement and residence, judicial
guarantees and judicial protection enshrined in Articles 22(1), 8(1) and 25(1) of the American
Convention on Human Rights, in relation to Article 1(1) of the Convention, to the detriment of
Carmen Teresa Omeara Miraval and Fabiola Álvarez Solano, and Elba Katherine Omeara
Álvarez, Manuel Guillermo Omeara Álvarez and Claudia Marcela Omeara Álvarez, for failing to
diligently investigate the alleged facts of the displacement they suffered, in accordance with
the provisions of paragraph 262 of this judgment.
10.
The State is responsible for the violation of the rights to humane treatment, protection
of the family and the rights of the child, enshrined in Articles 5 and 17 of the American
Convention on Human Rights, in relation to Article 1(1) of the same instrument, tot he
detriment of the family members of Messrs. Omeara Carrascal, Omeara Miraval and Álvarez
Sánchez, namely: Luis Enrique Omeara Miraval, Aura Isabel Omeara Miraval, Noel Emiro
Omeara Miraval, Araminta Omeara Miraval, Ricaurte Omeara Miraval, Eduardo Omeara Miraval,
Zoila Rosa Omeara Miraval, Liliana Patricia Omeara Miraval, María Omeara Miraval, Carmen
Teresa Omeara Miraval, Jaime Antonio Omeara Miraval, Manuel Guillermo Omeara Álvarez, Elva
María Solano de Álvarez, Judith Álvarez Solano, Miguel Ángel Álvarez Solano, Héctor Manuel
Álvarez Solano, Clemencia Patricia Álvarez Solano, Juan Carlos Álvarez Solano, Fabiola Álvarez
Solano and Ana Edith Solano de García, as well as Article 19 of Elba Katherine Omeara Álvarez,
Manuel Guillermo Omeara Álvarez and Claudia Marcela Omeara Álvarez who were minors at
the time of the events, in accordance with the provisions of paragraphs 270 and 281 of this
judgment.
11.
The State is responsible for the violation of right to movement and residence enshrined
in Article 22(1) of the American Convention on Human Rights, in relation to Article 1(1) of the
Convention, to the detriment of Carmen Teresa Omeara Miraval, Fabiola Álvarez Solano and
their three children, Elba Katherine Omeara Álvarez, Manuel Guillermo Omeara Álvarez and
Claudia Marcela Omeara Álvarez, and also in relation to the rights of the child, protected under
Article 19 of the Convention, to the detriment of the victims who at the time of the events
were children, in accordance with the provisions of paragraphs 270 to 280 and 282 of this
judgment.
12.
The State is not responsible for the violation of the right to humane treatment
enshrined in Article 5(2) of the American Convention on Human Rights, in relation to Article
1(1) of the same instrument, to the detriment of Manuel Guillermo Omeara Miraval, in
accordance with the provisions of paragraphs 195 to 200 and 202 of this judgment.
13.
The State is not responsible for the violation of the right to humane treatment
enshrined in Article 5(1) of the American Convention on Human Rights, in relation to Article
1(1) of the same instrument, to the detriment of Carmen Teresa Omeara Miraval, in
accordance with the provisions of paragraphs 279 and 283 of this judgment.
14.
The State is not responsible for the violation of the right to protection of privacy
enshrined in Article 11(2) of the American Convention on Human Rights, to the detriment of
the victims’ family members, in accordance with the provisions of paragraphs 280 and 284 of
this judgment.