-9663.
Bearing in mind the difficulties in policing modern societies, the unpredictability
of human conduct and the operational choices which must be made in terms of priorities
and resources, the positive obligation must be interpreted in a way which does not
impose an impossible or disproportionate burden on the authorities. Accordingly, not
every claimed danger to life can entail for the authorities a Convention requirement to
take operational measures to prevent that danger from materialising. For a positive
obligation to arise, it must be established that the authorities knew or ought to have
known at the time of the existence of a real and immediate danger to the life of an
identified individual or individuals from the criminal acts of a third party and that they
failed to take measures within the scope of their powers which, judged reasonably,
might have been expected to avoid that danger (see the Osman judgment [...], pp.
3159-60, para. 116).203
125. In this case, the Court recognizes that the State adopted several legislative
measures to prohibit, prevent and punish the activities of the self-defense or
paramilitary groups (supra paras. 95(8) to 95(20)) and, in relation to the special
situation in Urabá Antioqueño, the region where the jurisdiction of Pueblo Bello is
located, awareness of the dangerous situation and of the need to control the zone
was translated into the adoption of a series of measures to this end, such as: the
creation in 1988 of the XIth Brigade in Montería and the No. 1 Mobile Brigade, and
the issue of Decree No. 0678 of April 14, 1988, for the “re-establishment of public
order” in this zone and creating the Military Headquarters of Urabá Antioqueño
(supra paras. 95(6), 95(7) and 95(26)). Thus, it is evident that the State authorities
knew about the possibility of specific danger owing to the activities of paramilitary
groups or individuals that could materialize in situations that would affect the civilian
population.
126. Nevertheless, these measures did not translate into the specific and effective
deactivation of the danger that the State itself had contributed to creating. Owing to
the interpretation given to the legal framework for many years, the State
encouraged the creation of self-defense groups with specific objectives; however the
latter exceeded these objectives and began to act illegally. Thus, by having
encouraged the creation of these groups, the State objectively created a dangerous
situation for its inhabitants and failed to adopt all the necessary or sufficient
measures to avoid these groups continuing to commit acts such as those of the
instant case. The declaration of the illegality of these groups should have translated
into the adoption of sufficient and effective measures to avoid the consequences of
the danger that had been created. While it subsists, this dangerous situation
accentuates the State’s special obligations of prevention and protection in the zones
where the paramilitary groups were present, as well as the obligation to investigate
diligently, the acts or omissions of State agents and individuals who attack the
civilian population.
127. The lack of effectiveness in dismantling the paramilitary structures can be
seen also from the rationale and characteristics of the laws adopted from 1989 to
date (supra paras. 95(8) to 95(20)), as well as from an examination of the
quantitative and qualitative intensity of the human rights violations committed by the
paramilitary groups at the time of the facts and over the following years, acting on
their own or in connivance or collaboration with State agents, vis-à-vis the high rates
of impunity of this type of facts.
203
Cf. European Court of Human Rights, Kiliç v. Turkey, judgment of 28 March 2000, Application No.
22492/93, paras. 62 and 63; Osman v. United Kingdom judgment of 28 October 1998, Reports of
Judgments and Decisions 1998-VIII, paras. 115 and 116.
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