106
and possessions of the victims were burned before their eyes, depriving them of
their shelter and livelihood, and bearing in mind that this forced them to leave the
place where they had been living to build new lives elsewhere, which caused anguish
to the victims and their next of kin. Also, in Bilgin v. Turkey,230 the European Court
considered that the destruction of the victim’s home, perpetrated by the Turkish
security forces, constituted inhuman treatment. Finally, in Selçuk v. Turkey,231 the
European Court considered that the destruction of the victims’ homes and livelihood,
leading to their displacement, constituted inhuman treatment.
274. In light of the above, and bearing in mind the particularly serious facts of this
case, the Court finds that the inhabitants of El Aro who lost their homes and were
therefore forced to displace, suffered inhuman treatment. The events of El Aro
signified for these people not only the loss of their homes, but also the loss of their
entire patrimony, and the possibility of returning home.
275. To determine the victims of the violation of Article 5 of the Convention, in
relation to Article 11(2), 21 and 22 thereof, in this case, the criteria indicated above
concerning the determination of the alleged victims of the violations of Article 11(2),
21 and 22 of the Convention (supra paras. 184, 198 and 224) has been taken into
account, to the extent that these criteria relate to the determination of the persons
who were displaced and lost their homes in El Aro.
276. Based on the above, the Court considers that the victims of the violation of
Article 5 of the Convention, in relation to Article 11(2), 21 and 22 thereof, are the
persons indicated in Appendix III of this judgment who have been identified as
victims of the violation of Articles 5, 11(2), 21 and 22 of the Convention.
e)
Concerning the displaced persons
277. The Court finds that the forced displacement of the population of El Aro and
some families from La Granja caused them enormous suffering, which has been
examined in the chapter on the violation of Article 22 of the Convention (supra
paras. 204 to 235). Consequently the Court considers that the displaced persons
individualized in Appendix IV of this judgment are victims of the violation of the right
to humane treatment.
f)
Concerning the inhabitants of La Granja and El Aro
278. In relation to the claim regarding the alleged violation of Article 5 of the
Convention to the detriment of the general population of El Aro and La Granja, the
Court considers that, owing to the severity of the suffering caused by the massacres
in these districts and the generalized fear arising from the paramilitary incursions in
this case, which took place in a context of similar massacres, the inhabitants of La
Granja and El Aro who have not been indicated in the preceding paragraphs are
victims of the violation of the right to humane treatment.
*
*
*
230
Cf. Eur.C.H.R., Bilgin v. Turkey, No. 23819/94, Judgment of 16 November 2000, para. 103.
231
Cf. Eur.C.H.R., Selçuk v. Turkey, No. 23184/94, Judgment of 24 April 1998, paras. 77 and 78.
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