The Yarce case

criminalization of human rights defenders and forced intraurban displacement in light of the protection standards of the inter-American system

Abstract

Five women living in Commune 13 in Medellin, Colombia, dedicated to defending the rights of the local community living in an armed conflict dominated by the FARC’s, were forced to leave their homes. Three of them were illegally arrested and Yarce was killed. The Inter-American Court of Human Rights acknowledged the State’s responsibility for intraurban forced displacement due to the failure to investigate those responsible for violent acts, the lack of assistance to victims and to promote a safe return or resettlement. He also acknowledged that criminalization violated several rights provided for in the San José Pact and culminated in the murder, and the State was held responsible for omission. The decision marks are applicable by the Brazilian courts to prevent criminalization, especially the arrest of defenders, as well as to face intra-urban displacement resulting from occupation by organized crime.