73
134. The Court recognizes that the State has adopted certain legislative measures
to prohibit, prevent and punish the activities of the self-defense or paramilitary
groups (supra para. 125(3) to 125(22)). Nevertheless, these measures did not
translate into the concrete and effective neutralization of the danger that the State
itself had helped create. Owing to the interpretation given to the legal framework for
several years, the State contributed to the creation of self-defense groups with
specific purposes, but they exceeded their mandate and began to act illegally. Thus,
by contributing to the establishment of these groups, the State objectively created a
situation of danger for its inhabitants and did not adopt the necessary and sufficient
measures to avoid such groups continuing to perpetrate acts such as those of the
instant case. The declaration that these groups were illegal 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 situation of danger
accentuates the State’s special obligations of prevention and protection in the zones
where paramilitary groups are present, as well as the obligation to investigate
diligently, the acts or omissions of State agents and private individuals that endanger
the civilian population.
135. The limited effectiveness in dismantling these paramilitary structures is also
evident from the motives and characteristics of the legislation adopted as of 1989
(supra para. 125(4) to 125(22)), and also from examining the quantitative and
qualitative intensity of the human rights violations committed by the paramilitary
groups at the time of the facts and during the following years, acting alone or with
the acquiescence and collaboration of State agents.
136. The Court considers that it is in this context in which the facts of this case
occurred that the State’s compliance with its Convention obligations to respect and
guarantee the rights of the victims should be determined.
137. In this type of situation of systematic violence and grave violations of the
rights in question in a zone of conflict (supra para. 125(23) to 125(25) and 125(28)),
the State’s obligation to adopt positive measures of prevention and protection is
increased and is of cardinal importance within the framework of the obligations
established Article 1(1) of the Convention.
138. For the reasons described in the preceding paragraphs, the Court concludes
that the State failed to comply with its obligation to guarantee the right to life
enshrined in Article 4 of the Convention, in relation to Article 1(1) thereof, to the
detriment of William de Jesús Villa García, María Graciela Arboleda Rodríguez, Héctor
Hernán Correa García, Jairo de Jesús Sepúlveda Arias, Arnulfo Sánchez Álvarez, José
Darío Martínez Pérez, Olcris Fail Díaz Pérez, Wilmar de Jesús Restrepo Torres, Omar
de Jesús Ortiz Carmona, Fabio Antonio Zuleta Zabala, Otoniel de Jesús Tejada
Jaramillo, Omar Iván Gutiérrez Nohavá, Guillermo Andrés Mendoza Posso, Nelso0n
de Jesús Palacio Cárdenas, Luis Modesto Múnera Posada, Dora Luz Areiza Arroyave,
Alberto Correa, Marco Aurelio Areiza Osorio and Elvia Rosa Areiza Barrera.
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