communities, indigenous leaders of the Kankuamo organization, residents of Valledupar,
which basically represent the displaced families".
12.
Especially, the representatives referred to the alleged murder of a minor in the
city of Valledupar, on June 18, 2011. The minor was displaced from the Chemisquemina
Community. Moreover, they mentioned the murder of Mrs. Hilda Solís in the community
of Guatapurí, approximately on June 24, 2011.10 They emphasized that there was
presence of the army in that community, for which they were concerned about the fact
that, even in this way, a person was killed. At the public hearing, the representatives
also referred to information previously presented. However, they expressed that the
protective measures granted by the State "were dismantled in a systematic and gradual
way” and that, today, these measures consist only of a mobile phone and the security
scheme of the indigenous governor. Afterwards, the representatives also indicated that
“the security situation in the urban area of the municipality is of high complexity" and
that "it is concerning that the eruption of violence is close to the [Kankuamo Indigenous]
Community”. Apart from the alleged murders mentioned at the public hearing, the
representatives also indicated that: a) on April 9, 2011, "an armed group entered a place
known as Cesar creek" of the community of Mina, "they were wearing camouflage
clothing and bracelet of FARC" and they took Dimas Jose Rodriguez away. They indicated
that “it seems that this group was, actually, a paramilitary group”; b) on May 13, 2011,
"a man in a motorcycle, with no plate" arrived at the residence of Freddy Martinez, the
"coordinator of the Kankuamo community” and […asked] him whether he was Freddy
Martinez”; after having received an affirmative response, such person said to him that "if
he was the person in charge of informing the 'justice and peace' process, he should say
that nothing must happen to 'paisa', that nobody should know the truth"; c) on May 16,
2011, Adriana Arias, "a displaced leader and resident of Valledupar, was taking her twoyear old son to caí [sic] when she was chased by a man in a motorcycle who told her to
hand in her child [...] and d) on July 5, 2011, “in the community of Rio Seco, seven men
with short-range arms and guns, wearing strange clothes and balaclava, between 4 and
5 p.m., appeared at the farm of Mr. Dimas Olivella [...] asked for the owner of the farm,
stayed there for a couple of hours [and] ate". The representatives did not present
observations to the last report presented by the State on October 19, 2011 (supra
Having Seen clause 2), once the public hearing was held.
13.
Previously, the Commission took note of the information furnished by the State
and the coordination efforts between the State and the representatives. However, it
expressed that, in light of the observations of the representatives, it did not have
sufficient information regarding specific actions related to “the facts of December 2009
and April 2010", as well as “regarding other risk elements that would place the people in
a situation of extreme gravity and urgency”, which was acknowledged by the Colombian
Constitutional Court. Likewise, in the brief presented before the public hearing was held
(supra Having Seen clauses 4 and 5), it mentioned that “it [did] not have the
observations of the representatives and that it [was] waiting for such observations in
order to issue more conclusive observations"[.]
14.
At the public hearing, the Commission indicated that “in the year 2004, [when the
provisional measures were ordered] […] the Court heard about the situation of extreme
gravity and urgency in which hundreds of Kankuamo indigenous persons were murdered
within their community". In this respect, it mentioned that “in fact, the Commission
considered that, after 7 years [of the granting] of the provisional measures, the shocking
number, of hundreds of dead people in 2004, had decreased but it had not disappeared”.
It expressed that “three days ago, unfortunately, within the Kankuamo resguardo, the
daughter of a traditional leader of the Kankuamo Indigenous People […] and, therefore, a
10
Afterwards, the representatives pointed out that said act took place in “the week of June 23".
7