-83VIII
OBLIGATION TO GUARANTEE (ARTICLE 1(1) OF THE AMERICAN CONVENTION)
THE RIGHTS PROTECTED IN ARTICLES 4, 5 AND 7 THEREOF
(RIGHTS TO LIFE, TO HUMANE TREATMENT AND TO PERSONAL LIBERTY)
Arguments of the Commission
96.
Regarding the State’s responsibility in this case, the Commission stated the
following:
(a) The State had played an important role in the development of the so-called
self-defense or paramilitary groups, which it allowed to act legitimately and
with legal protection during the 1970s and 1980s, and it is responsible in
general for their existence and consolidation. For the most part, these groups
were created to combat dissident armed groups. Finally, on May 25, 1989,
the Supreme Court of Justice took away the legal support for the connection
between the paramilitary groups and the national defense forces, after which
the State adopted a series of legislative measures to criminalize the activities
of these groups and those who supported them. Despite this, the State did
little to dismantle the structure that it had created and promoted and, indeed,
linkages remained at different levels, in some case, the paramilitary groups
were requested or allowed to carry out certain illegal actions in the
understanding that they would not be investigated, prosecuted or punished.
In this context, and as established by the Commission in its second and third
Reports on the situation of human rights in Colombia, from the start, the
illegal actions of the private justice or paramilitary groups could depend on
the tolerance and collaboration of State agents;
(b) The aim of the paramilitary group led by Fidel Castaño, known as the
“tangueros,” was the pursuit and elimination of those who allegedly
collaborated with the guerrilla, using a modus operandi which included
torture, selective murder and massacres. During those years, the “Las
Tangas” ranch was the scene of paramilitary training by foreign mercenaries
and members of law enforcement authorities. The “tangueros” could rely on
the financial support of livestock owners and businessmen in the region, wellknown local politicians and even the armed forces, which, as of 1987, were
represented by the presence of the Army’s XIth Brigade in Montería, and
(c) In this case there are probative elements that indicate the complicity of State
agents in the perpetration of the facts that are the subject of this case, by
both act and omission. Moreover, the actions of individuals entail the State’s
responsibility under international law. In this regard, it is sufficient to
demonstrate that the public authorities have supported or tolerated the
violation of the rights established in the Convention. Consequently, the
violations of the American Convention committed as a result of the acts or
omissions of its agents and also those committed by the individuals involved
in the disappearance, torture and execution of the alleged victims can be
attributed to the State.
97.
Regarding Articles 4, 5 and 7 of the American Convention, the Commission
alleged that:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos