-90108.
Article 7 of the Convention stipulates:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under
the conditions established beforehand by the constitution of the State Party
concerned or by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
Anyone who is detained shall be informed of the reasons for his detention and
shall be promptly notified of the charge or charges against him.
5.
Any person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance
for trial.
6.
Anyone who is deprived of his liberty shall be entitled to recourse to a competent
court, in order that the court may decide without delay on the lawfulness of his
arrest or detention and order his release if the arrest or detention is unlawful. In
States Parties whose laws provide that anyone who believes himself to be
threatened with deprivation of his liberty is entitled to recourse to a competent
court in order that it may decide on the lawfulness of such threat, this remedy
may not be restricted or abolished. The interested party or another person in his
behalf is entitled to seek these remedies.
109. As established in the preceding chapter (supra paras. 95(30) to 95(41)), on
January 14, 1990, a group of approximately 60 heavily-armed men, belonging to a
paramilitary organization known as the “tangueros,” from a ranch located in the
municipality of Valencia, Department of Córdoba, entered the jurisdiction of Pueblo
Bello, in the Department of Antioquia. The members of the armed group traveled in
two trucks and entered Pueblo Bello at between 8.30 p.m. and 10.50 p.m., divided
into four groups. The paramilitary group blocked the access road to Pueblo Bello
from Turbo and San Pedro de Urabá; they carried weapons of different calibers, they
wore civilian clothes and clothing that is for the exclusive use of the Armed Forces
and had red or pink scarves around their necks. The paramilitary forces ransacked
some of the houses, mistreated the occupants and took an unspecified number of
men from their homes and from a church to the village square. There they placed
them face down and, based on a list they had brought with them, they chose 43
men, the alleged victims in this case, who were tied up, gagged and obliged to get
into the two trucks used as transport. The two trucks, with the kidnapped individuals
left Pueblo Bello at around 11.30 p.m. and returned to the “Santa Mónica” ranch,
where they arrived at approximately 1.30 a.m. on January 15, 1990. There they
were received by Fidel Castaño Gil, who gave orders that the individuals abducted
should be taken to a sandbank of the Sinú River, located on the “Las Tangas” ranch,
also in the Department of Córdoba. Once there, the alleged victims were interrogated
and subjected to diverse acts of torture. The paramilitary forces killed those
abducted with great violence, and then transferred some of the bodies to “Las
Tangas” where they were buried. To date, only six of the 43 alleged victims have
been identified and their remains handed over to their next of kin. The other 37
individuals are disappeared.
110. To determine whether Colombia has incurred international responsibility for
the violation of Articles 7, 5 and 4 of the Convention, in relation to Article 1(1)
thereof, the Court deems it pertinent to examine this case in accordance with the
structure of the obligations that this treaty imposes on the States Parties and the
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