141. On September 7, 2001, the Cundimarca Administrative Court issued an order to protect
the fundamental rights of the Cacarica River communities to health in connection with life and
tranquility and, among other measures, ordered the Chocó Autonomous Corporation to ensure
compliance with the administrative decision that had decreed the suspension of logging in that
sector (supra para. 136).285 This decision was confirmed on November 16, 2001, by the Council
of State.286 On October 27, 2001, the Board of the Community Council of the Cacarica river
basin denounced, in a public communication, the continuation of logging on its collective
territory by Maderas del Darién S.A.287
142. In 2001, the Public Prosecution Service opened a disciplinary proceeding against the
CODECHOCÓ Board of Directors based on their complicity with the illegal actions of the
companies Maderas del Darién S.A. and Pizano S.A., by granting them logging permits,
legalizing the lumber by irregular mechanisms, and contributing to the enrichment of third
parties.288 On December 19, 2002, it was decided to declare the disciplinary responsibility of the
Director General, the Secretary General, and the Deputy Director of Sustainable Development of
the Chocó Regional Autonomous Corporation (CODECHOCÓ) and, consequently, order their
removal.289
143. On August 22, 2003, the Disciplinary Chamber of the Public Prosecution Service decided
to appeal against the first instance judgment of the Special Disciplinary Commission of
December 19, 2002 (supra para. 142). On that occasion, it abstained from decided that it was
null, and decided to confirm it, considering that no grounds had been presented that would
invalidate the ruling delivered. 290 On October 17, 2003, the Colombian Constitutional Court
decided to issue an order to protect the fundamental rights threatened by the indiscriminate
logging on the collective territory of the appellants.291 On April 27, 2005, CODECHOCÓ, in
Resolution No. 538, imposed a preventive measure consisting in the suspension of any type of
logging, except “that carried out under the law,” in the jurisdiction of the Chocó department
without the respective permit, concession or authorization issued by CODECHOCÓ.292
extent, and to ensure compliance with the logging norms in force. Ombudsman’s Office, undated Amicus Curiae
presented by the Ombudsman’s Office to the Constitutional Court in 2002 (evidence file, folio 46531).
285
It stipulated that the Military Forces present in the area should adopt a plan “that achieves the objective of
providing security to the area and preserving the life and stability of the community in the face of violent actions of
illegal armed groups.” Cf. Cundimarca Administrative Court, First Section, File A.T 00-1378 of September 7, 2001
(evidence file, folio 46912). Also, Constitutional Court Judgment T-955 of October 17, 2003, p. 23 (evidence file, folio
155).
286
In particular the Government was asked to take measures in relation to the illegal logging. Also, the Ministry of
the Interior was asked to intervene in the municipality of Riosucio in relation to the election of the new Board of the
Cacarica Council. Cf. Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 156).
287
Cf. Constitutional Court Judgment T-955 of October 17, 2003 (evidence file, folio 141).
288
Cf. Public Prosecution Service. First instance judgment sanctioning the members of the CODECHOCÓ Board of
Directors. December 19, 2002 (evidence file, folios 9044 and ff.). The Public Prosecution Service indicated, in particular,
that CODECHOCÓ had encouraged the extraction of the products of the forests of the Cacarica River Basin carried out
by Maderas del Darién S.A. and Pizano S.A., as well as the illegal enrichment of these companies. See also: Public
Prosecution Service. Disciplinary Chamber. Case file No. 161-01435 (155-33124/99). Bogota, August 22, 2003
(evidence file, folio 9186).
289
The Public Prosecution Service indicated, in particular, that CODECHOCÓ had encouraged the extraction of the
products of the forests of the Cacarica River Basin carried out by Maderas del Darién S.A. and Pizano S.A., as well as
the illegal enrichment of these companies. Cf. Public Prosecution Service. First instance sentence sanctioning the
members of the CODECHOCÓ Board of Directors. December 19, 2002 (evidence file, folio 9181). See also: Public
Prosecution Service. Disciplinary Chamber. Case file No. 161-01435 (155-33124/99). Bogota, August 22, 2003
(evidence file, folio 9186).
290
Cf. Public Prosecution Service. Second Instance ruling relating to the judgment sanctioning the members of the
CODECHOCÓ Board of Directors. Bogota, August 22, 2003 (evidence file, folio 4316 to 4368).
291
Cf. Constitutional Court Judgment T-955 of October 17, 2003 (evidence file, folio 223).
292
Cf. CODECHOCÓ, Resolution No. 538 of April 27, 2005 (evidence file, folio 47081).
57
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