67
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Court has considered that Article 22.1 of the Convention protects the right not to be forcibly displaced.
The Inter-American Court has established that free movement is an indispensible condition for the free
318
development of the individual and has recognized that the United Nations Human Rights Committee, in
its General Comment No.27, establishes that the right to free movement and residence is comprised of,
inter alia: a) the right of everyone lawfully with the territory of a State to move freely within that State and
to choose his or her place of residence; and b) the right of an individual to enter his country and remain
therein. The Court has established that the enjoyment of this right does not depend on any objective or
319
particular motive of the person wishing to travel or remain in a place.
293.
The circumstances of the present case and the special and complex situation of risk to
the human rights of displaced persons, include and go beyond the content of the protection due by the
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States in the framework of Article 22 of the Convention.
294.
The Commission has already determined that the forced displacement suffered by
members of the Cacarica communities was caused both by "Operation Genesis" as well as
paramilitary raids, and that these were coordinated operations (see supra IV C.2.). In effect,
displacement originated in the danger generated by the State as well as the lack of prevention and
absence of protection suffered by the Cacarica communities.
the
the
the
the
295.
These persons remained displaced for four years, between February 1997 and March
2001. In 2001, the return and resettlement of the members of the Cacarica communities in “Esperanza
en Dios” and “Nueva Vida” took place in three phases until March 2001, supported by the State and with
the aid of the international community. As aid for the communities' return, the State provided "food for
work" to three hundred families, supplied sanitation kits, plates and cooking utensils, fuel, boat repairs,
tools and materials, among other things. In addition, the State provided health teams and medicines.
296.
The Commission understands the enormous challenge facing the State of Colombia in
confronting the grave situation of internal displacement and recognizes the efforts made in this direction.
The Commission also values the humanitarian aid, the medical assistance and support lent by the State
to the displaced people in their places of refuge. In addition, it appreciates that the State has supported
the return of a group of displaced to "Nueva Vida” and “Esperanza en Dios"; that it was planned taking
account of each family; and that a group of displaced persons have benefitted from the relief aid and the
housing improvement project (see supra III.B). The Commission reiterates, however, that the State did
not adopt preventive and protective measures before the imminent displacement.
297.
Consequently, from the foregoing, the Commission considers that the State is
responsible for the violation of Article 22 of the American Convention, to the prejudice of the members of
the displaced communities of Cacarica associated with CAVIDA and the women head of household living
in Turbo.
The Forced Displacement and the Right to Personal Integrity
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I/A Court H.R. Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 207; I/A Court H.R.,
Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 188 and UN Human
Rights Committee, Communication No. 859/1999: Colombia. April 15, 2002, para. 7.4.
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Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 168. Cf.
Case of the Moiwana Community, June 15, 2005. Series C No. 124, para. 110, and Case of Ricardo Canese, Judgment of August
31, 2004. Series C No. 111, para. 115.
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Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 168. Cf.
Case of the Moiwana Community, June 15, 2005. Series C No. 124, para. 110, and Case of Ricardo Canese, Judgment of August
31, 2004. Series C No. 111, para. 115. United Nations Human Rights Committee, General Comment No. 27, November 2, 1999,
paras. 1, 4, 5 and 19.
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Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 186.