Omeara Carrascal et al. v. Colombia
Legal Relevance
Keywords: Judicial Protection | Relatives as Victims | State/Non-State Agents | Effective Remedy
Themes: Prevention | Justice and Truth | Related Crimes
The Court concluded that when conducting its investigation, the State did not act with due diligence to follow through on logical lines of inquiry. Furthermore, even though it should have known that the relatives of the victims were at risk, the State failed to provide or offer them protection. The Court found that this omission undermined the victims' participation in the investigative proceedings.
Judgment Date
November 21, 2018
Country
Colombia
Judicial Body
Inter-American Court of Human Rights
Articles violated
Article 1(1) [ACHR], Article 3 [ACHR], Article 4 [ACHR], Article 4(1) [ACHR], Article 5 [ACHR], Article 7 [ACHR], Article 8(1) [ACHR], Article 17 [ACHR], Article 19 [ACHR], Article 22(1) [ACHR], Article 25(1) [ACHR], Article 1(b) [IACFDP], Article 1 [IACPPT], Article 6 [IACPPT], Article 8 [IACPPT]
Articles not violated / not dealt with
Article 1(1) [ACHR], Article 5 [ACHR], Article 5(2) [ACHR], Article 11(2) [ACHR]
Facts of the Case
The case refers to the extrajudicial execution of Mr. Noel Emiro Carrascal; the illegal detention, forced disappearance and execution of his son Mr. Manuel Guillermo Omeara Miraval while searching for his father; as well as the attack and subsequent death of his father-in-law, Mr. Héctor Álvarez Sánchez. These events took place between January and October 1994 in the Department of Cesar, as a consequence of the actions of paramilitary groups and with the collaboration of State agents. As a result of these events, some members of the family were forced to leave their home, including three minors.
Links to cases cited within
- Velásquez Rodríguez v. Honduras
- Rodríguez Vera et al. v. Colombia
- Tiu Tojín v. Guatemala
- 19 Merchants v. Colombia
- Serrano Cruz Sisters v. El Salvador
- Gelman v. Uruguay
- Terrones Silva et al. v. Peru
- Vereda La Esperanza v. Colombia
- Peasant Community of Santa Bárbara v. Peru
- Mapiripán Massacre v. Colombia
- Garrido and Baigorria v. Argentina