84
Constitutional Court has established that “property shall be considered a
fundamental right, provided it is so closely related to the maintenance of basic living
conditions, that its violation affects the right to equality and a decent life.”183
182. This Court also considers that setting fire to the houses in El Aro constituted a
grave violation of an object that was essential to the population. The purpose of
setting fire to and destroying the homes of the people of El Aro was to spread terror
and cause their displacement, so as to gain territory in the fight against the guerrilla
in Colombia (supra para. 125(26) to 125(103)). Therefore, the effect of the
destruction of the homes was the loss, not only of material possessions, but also of
the social frame of reference of the inhabitants, some of whom had lived in the
village all their lives. In addition to constituting an important financial loss, the
destruction of their homes caused the inhabitants to lose their most basic living
conditions; this means that the violation of the right to property in this case is
particularly grave.
183. Based on the above, this Court considers that the theft of the livestock and
the destruction of the homes by the paramilitary group, perpetrated with the direct
collaboration of State agents, constitute a grave deprivation of the use and
enjoyment of property.
184. The Court has used various criteria to identify the victims of the violation of
Article 21 of the Convention in this case. First, the alleged victims can be identified
from the application, since it includes the facts relating to the alleged loss of
property. In this regard, the Commission stated that “the paramilitary group
destroyed and set fire to the majority of the houses in the urban center [of El Aro],
and only a chapel and eight houses were saved.”184 The Commission also indicated in
the application that “the paramilitary group stole 1,200 head of cattle, horses and
mules.”185 In addition, the Commission’s application transcribes several testimonies
that provide evidence of the theft of the livestock belonging to several specific farms
and persons. Based on the foregoing, the Commission concluded in the application
that “effectively [...] the inhabitants of El Aro were robbed of their livestock, and
their housing was destroyed by the fire set by the paramilitary group responsible for
the incursion, with the acquiescence of law enforcement personnel.” Second, the
testimonies indicated by the Commission in its application, as well as several other
testimonies included with the evidence forwarded by the Commission, prove that
specific persons lost their property. Third, the State has acknowledged the facts
described in the application in relation to the loss of property. In this regard, in its
answer to the application, the State indicated that it “accept[ed] as certain” the theft
of approximately 800 head of livestock, “a fact that was verified in the judgment of
the Second Criminal Court of the Antioquia Specialized Circuit on April 22, 2003[…]
and by the many decisions issued by the Attorney General’s Office, in investigations
arising from complaints filed in this matter[…].” The State also accepted the facts
relating to the destruction of the houses in El Aro,186 and provided as evidence in this
183
Cf. Constitutional Court of Colombia. First Review Chamber. Judgment No. T/506/92 of August
21, 1992.
184
Cf. paragraph 54 of the Inter-American Commission’s application.
185
Cf. paragraphs 55 and 88 of the Inter-American Commission’s application.
186
Cf. paragraph 28 of the brief answering the application submitted by the State.
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