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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