13
the participation and responsibility of members of the Armed Forces [Fuerza
Pública];
iii.
driven by a special committee, the monitoring and reactivation of
various investigations that could not be finalized in 2006 due to budgetary
problems is estimated to commence its first phase in May 2007;
iv.
on January 26, 2007, a colonel in the Popa Battalion who is being
investigated by authorities on events that happened in the region was
removed from his post, and
v.
impunity from prosecution concerning the events that motivated the
adoption of these measures does not justify the continuation of said measures
because the problem is not a lack of State guarantees of protection. The
State has a policy to fight against impunity.
c)
regarding the obligation to guarantee security conditions necessary to respect
the freedom of movement of persons from the Kankuamo indigenous community and
to guarantee the return of its members who have been forced to flee to other
regions, should they desire it, that:
i.
forced displacement from the Region has decreased considerably;
ii.
some Kankuamo people who have been displaced do not desire to
return to the Reservation, and
iii.
the total number of people displaced today represents 10 percent of
displaced persons in years past.
d)
regarding the participation of
implementation of the measures, that:
the
petitioners
in
the
planning
and
i.
the Working Group has visited the Reservation seven times to
implement the measures; the Working Group has prompted 12 meetings
designed to monitor progress and has respected the internal processes of the
Kankuamo indigenous community, and
ii.
the measures have allowed the establishment of responsive
communication mechanisms between the local and Kankuamo indigenous
community authorities, as well as between civilian and military authorities
and the Kankuamo indigenous community.
10.
The documents presented by the Representatives and the State at the public
hearing.
CONSIDERING:
1.
Colombia has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since July 31, 1973 and, in
accordance with Article 62 of the Convention, recognized the contentious jurisdiction of the
Court on June 21, 1985.
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