69
235. The Court has indicated that, in the framework of an armed conflict, oftentimes the
appropriation of children and their consequent separation from their parents, for various reasons, are
viewed as a consequence of the armed conflict or, at least, inherent to that conflict.355 This situation
undermines the personal dignity and integrity of children, as the State should ensure their protection
and survival, as well as adopt priority measures aimed at facilitating the reunion of families.356
236. Thus, the Commission concludes that the State violated the right to personal liberty of
Andrés Suárez, as enshrined in Article 7 of the American Convention, in connection with the obligations
set forth in Article 1.1 of the same instrument, because of his arbitrary and illegal detention.
Furthermore, the IACHR deems that, in the present case, the State of Colombia disregarded its
obligation to provide special protection to children, especially in a context of armed conflict. Because of
this, the State violated Article 19 of the American Convention with respect to the obligations set forth in
Article 1.1 of the same instrument.
6.9.
Andrés Gallego and Leonidas Cardona Giraldo
237. According to proven facts, Andrés Gallego and Leonidas Cardona were taken into
custody n December 27, 1996 and to date their whereabouts are unknown. The IACHR has statements
from witnesses indicating that paramilitary members who participated in the incidents had told them
that they would be taken to the La Piñuela army base, command post of the FTA. The Commission also
has a statement from a witness who claimed to have seen Army dump trucks behind the pickup trucks
used by the persons who perpetrated the incidents described above.
238. On the basis of a joint review of these elements, as well as the context in which the
incidents in Vereda La Esperanza took place, the Commission deems that military agents collaborated
with the Self-Defense Forces of Magdalena Medio to execute the forced disappearance of Andrés
Gallego and Leonidas Cardona. As a result, the IACHR concludes that the State of Colombia violated the
rights to personal liberty, personal integrity, life and recognition as a person before the law as enshrined
in Articles 3, 4, 5 and 7 of the American Convention in connection with the obligations set forth in Article
1.1 of the same instrument; as well as article I.a) of the Inter-American Convention on The Forced
Disappearance of Persons, to the detriment of Andrés Gallego and Leonidas Cardona.
7.
Right to a fair trial and judicial protection (Articles 8.1 and 25 of the American
Convention in connection with Articles 1.1 and 2 of the same instrument)
239.
Article 8.1 of the American Convention provides the following:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination
of his rights and obligations of a civil, labor, fiscal, or any other nature.
240.
Furthermore, Article 25.1 of the Convention provides the following:
355
I/A Court H.R., Case of Contreras and others v. El Salvador. Merits, Reparations and Costs. Judgment of August 31,
2011. Series C No. 232, paragraph 86.
356
Article 4.3 of the Protocol Additional to the Geneva Conventions of 1949 and relating to the protection of victims
of non-international armed conflicts (Protocol II).