282. In this regard, since it is evident that the damage produced by the launching of a cluster
bomb in Santo Domingo can be attributed to the Colombian Air Force, the Court finds that the
State is responsible for the violation of Article 21 of the Convention in relation to 1(1) of this
instrument, to the detriment of the owners of the stores and dwellings affected, namely: Mario
Galvis, Víctor Palomino, Margarita Tilano, María Cenobia Panqueva and Olimpo Cárdenas.
VII.4
RIGHT TO HONOR
A.
Arguments of the Commission and allegations of the parties
283. The Inter-American Commission did not argue the violation of Article 11 of the Convention.
284. The representatives argued that, “since the events occurred, and owing to the hypothesis
designed to divert the criminal investigation, they had asserted the effects on the right to honor
and dignity of the inhabitants of Santo Domingo (contained in Article 11(1) of the Convention415],
based on: (i) the reiterated public declarations of the military leadership in relation to the bombing
of Santo Domingo, assuring that they had fired on the aircraft from their houses and thereby
suggesting that the inhabitants of the village belonged to the guerrilla and collaborated in its illegal
activities (and this throughout the criminal proceedings), and (ii) the creation of the video “La Gran
Verdad sobre Santo Domingo” [The real truth about Santo Domingo], which is currently used in
order to stigmatize and disregard the existence of the massacre.” The representatives also argued
that “the activities deployed by State agents in order to ensure impunity [had led] to visualizing
Santo Domingo as a village that collaborates with the guerrilla” and that “public perception [had
accepted] as true the versions disseminated by the State according to which the FARC was
responsible for the massacre, resulting in a scenario of stigmatization of the victims who were
perceived as liars.”
285. The State argued that it “it did not [deny] the fact that civilians had been murdered and
received multiple injuries, but […] these could not be attributed to the State, insofar as the harm
to life and personal integrity and most of the rights could be attributed to the explosion of the car
bomb by the FARC.” The State also indicated that the video “La Gran Verdad sobre Santo
Domingo” “analyzes the events that occurred in Santo Domingo, establishing, by means of the
testimony of members of the Armed Forces, the reasons and evidence why it is not possible to
attribute the deaths and injuries of the inhabitants to the Armed Forces, but rather to members of
the FARC.” It added that “to say that it was the FARC that caused the fateful events under
discussion […] does not constitute per se a stigmatization of the victims” and that “the civilian
population has always considered itself the victim of the armed conflict and of the massacre
perpetrated against it by the FARC guerrilla.”
B. Considerations of the Court
286. In relation to the right to honor contained in Article 11 of the Convention, the Court has
indicated that this “recognizes that everyone has the right to have his honor respected, prohibits
any unlawful attack against honor and reputation and imposes on the States the obligation to
412
Cf. Attorney General’s Office. National Special Investigations Directorate. Human Rights Unit. June 18, 1999.
Record made of the special visit and inspection of the village of Santo Domingo. Municipal jurisdiction of Tame (Arauca)
(evidence file, tome 19, folio 9632).
413
Cf. Attorney General’s Office. National Special Investigations Directorate. Human Rights Unit. June 18, 1999.
Record made of the special visit and inspection of the village of Santo Domingo. Municipal jurisdiction of Tame (Arauca)
(evidence file, tome 19, folio 9632).
414
Cf. Prosecutor General’s Office. National Human Rights Directorate. Record made of the judicial inspection
procedure carried out in the village of Santo Domingo. February 11, 2000 (evidence file, tome 19, folio 9597).
415
Article 11(1) of the American Convention establishes that “1. Everyone has the right to have his honor respected and
his dignity recognized. […]”.
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