biodiversity zones in Pueblo Nuevo, Nueva Esperanza in Jiguamiandó and Humanitarian Zones in
el Tesoro, Camelias El Tesoro, Andalucía Caño Claro in Curvaradó,” and to “recognize as
beneficiaries [...] the families of the smaller councils that reside in the humanitarian and
biodiversity zones in Caño Manso Caracolí, Argentino Díaz, which share the same risk factors as
the beneficiaries [...].”
17.
During the public hearing (supra Having Seen 5) the representatives reiterated their
observations on the alleged gravity and risk faced in the territory of the Curvaradó and
Jiguamiandó river basins. Also, they added that the risk factors persist, and that, among other
events, 12 days prior to the public hearing, approximately 300 paramilitary members entered the
region between Bella Flor Remacho and Santa Fe de Churima, although they also stated that
there were 200. Likewise, during the hearing, the representatives also submitted “19 records in
which they alleged in detail the times, methods and locations of the incidents involving risk that
have affected the communities since the last hearing on monitoring of the instant measures [...].”
Subsequently, the representatives informed the Court of new alleged events that occurred in the
communities of Curvaradó and Jiguamiandó. They argued that based on this, the request for
expansion of the provisional measures of the Inter-American Commission is appropriate.7
C.
State comments on the request filed by the Inter-American Commission.
18.
The State observed that the requirements for the broadening of the provisional measures
– those of extreme gravity and urgency and the risk of irreparable damage – were not met. It
therefore argued that the Commission’s request should be dismissed. In this regard, the State
addressed alleged risk factors mentioned by the Commission, as well as the facts and claims that
support the request for broadening. First of all, it reiterated that the Army has not withdrawn
from the area, and that “the movement of military troops in that area is due to strategy of the
National Army toward carrying out its missions and operations. This under no circumstances
means that there has been a withdrawal of personnel, much less that the Armed Forces has
abandoned the community.” During the public hearing, it also stated that for the State, “the
process taking place in the zone of Jiguamiandó and Curvaradó is a priority, [and therefore] the
Ministry of Defense [was] studying the possibility of increasing both police and military presence
in the area, not only to guarantee the census process that they have been supporting, [...but
also] to guarantee the non-repetition [of the incidents].” It mentioned they are also planning on
increasing the presence of “judicial authorities to be able to move forward in the prosecution of
the members of the criminal bands operating in the area.” Regarding the estimate of the number
of paramilitary troops that allegedly entered the territory of the Jiguamiandó and Curvaradó
communities (supra Considering 10), the State indicated during the public hearing that the
hearing itself included many references to generalities. It asked the representatives to submit
copies to the State of the allegations arising from the alleged incidents, and that those documents
indicate which human rights violations had taken place as a result of the incursions and how
7
Basically, the representatives made reference to incidents alleged to have occurred after the public hearing was
held (supra Having Seen 5) to the detriment of residents of the Curvaradó and Jiguamiandó communities. The
representatives told of the alleged murders of two unidentified young people whose bodies were found in the Jiguamiandó
river basin. They also mentioned the forced disappearances of Ever González and Francisco Pineda - individuals who are
not currently beneficiaries of provisional measures - and the murder of indigenous man Jhon Jairo Domicó on Curvaradó
collective territory. They reiterated that the paramilitary groups located in the area continue to attack with the
acquiescence of members of Brigade 17. They likewise indicated that since the Inter-American Commission submitted its
request for the broadening of provisional measures, the “presence of paramilitary troops that continue to act with the
acquiescence of Army and Police authorities” has continued. They noted that the “biodiversity areas and farmland of the
members of the humanitarian zones have been affected” and that “leaders in the development of the [land] restitution
process,” have been threatened, while the “implementation of the cultivation of illicit crops continues.”
7