Court has indicated that the right to freedom of movement and residence may be affected when a person is
the victim of threats or harassment and the State does not provide the guarantees necessary to allow him/her
to move freely and reside in the territory in question, even when those threats and harassments are carried
out by non-State actors.253 Regarding displacement caused by acts of violence, the Commission recalls that the
Inter-American Court has held that:
In view of the complexity of the phenomenon of internal displacement and of the broad
range of human rights affected or endangered by it, and bearing in mind said circumstances
of special weakness, vulnerability, and defenselessness in which the displaced population
generally finds itself, as subjects of human rights, their situation can be understood as an
individual de facto situation of lack of protection with regard to the rest of those who are in
similar situations.254
228.
The Commission recalls that Article 17(1) of the American Convention provides, “The family
is the natural and fundamental group unit of society and is entitled to protection by society and the state” and
that in addition to the special measures of protection for children required by Article 19 of the Convention,
the Court has held that “[t]he child has the right to live with his or her family, which is responsible for
satisfying his or her material, emotional, and psychological needs.255
229.
In the instant case, the Commission finds that the acts of violence against Noel Emiro Omeara
Carrascal, Guillermo Omeara Miraval, and Héctor Álvarez; the suffering of their families as a result of the
crimes in themselves and of the failure, to date, to clarify them; and the constant fear and anxiety of being
victims of further retaliation on account of their search for justice for what happened to their family members
are attributable to the State, and therefore constitute a violation of Article 5 of the American Convention.
230.
In addition, the Commission believes it appropriate to note that following the initial act of
violence with which this case is concerned, there was a series of threats and acts of intimidation against
witnesses and the victims' families. Thus, a few days after Noel Emiro Omeara was shot, Ana Agustina Rocha
Beleño, an eyewitness, was threatened with a gun by one of the UNASE members who “told her not to talk.”
Ana Graciela Ortega Quintero was also intimidated by some men who went to the "San Roque" restaurant to
ask if she knew them; Carmen Teresa Omeara was threatened by a member of the UNASE, who told her, "you
look prettier when you keep quiet,” and that if her father told her anything she should not talk about it. 256
Guillermo Omeara was later "disappeared" and executed, after which, Héctor Álvarez Sánchez was also
attacked for his involvement in the investigations.
231.
As a result of the above climate, in addition to suffering the loss of their loved ones, the
family was forced to take decisions to protect themselves from further acts of violence, given the serious
danger, the absence of protection measures, and the lack of progress in the investigations. Thus, on October
22, 1994, Fabiola Álvarez Solano, her three children, and Carmen Teresa Omeara Miraval, were forced to
move to the city of Bucaramanga. The move, to escape a situation of violence in which their loved ones had
lost their lives, created a state of uncertainty and anxiety as a result of abandoning their habitual place of
residence and heading into the unknown.
253I/A Court H.R., Case of Valle Jaramillo et al. T. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 192, par. 139.
254 I/A Court H.R. Case of the "Mapiripán Massacre" v. Colombia.Judgment of September 15, 2005. Series C No. 134, par. 177.
IACHR. Report No. 64/11, Marino López et al. (Operation Genesis), March 31, 2011, par. 288.
255I/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A
No. 17, par. 71, and Case of Chitay-Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 25,
2010. Series C No. 212, par. 156. Cf. Marino López et al. (Operation Genesis), March 31, 2011, par. 318.
256 Sworn statement of Carmen Teresa Omeara Miraval of August 17, 2010, case file No. 015 of the National Human Rights Unit
- National Prosecutor’s Office Bucaramanga, folder No. 11, unpaginated document. Annex No. 40 to the petitioners’ brief of November 10,
2010.
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