37
It was well know that paramilitary groups were present in the region of Antioquia.
The situation became “difficult,” owing to the menace represented by these illegal
groups.
At that time, the Girardot Battalion did not have the capacity “to control the
territory, because the area under its control [...] was very extensive.” Since there
had been a “guerrilla incursion” in the zone in 1995, about 18 to 20 kilometers from
La Granja, a military company of approximately 120 men had been established to
conduct operations in different sectors of the Municipality of Ituango. The normal
time for traveling to La Granja was five, six or seven days, depending on the level of
danger; and easily about 15 days to El Aro. When they received word from the
civilian population that there was imminent danger, the military authorities first had
to analyze the dangers and threats and then apply “the norms established for
deployment in an operations order.” It could take from eight days to a month to plan
an operation, depending how the Battalion received the information and the number
of sources. Further information was sought from the civilian population, but it was
not possible “to oblige the civilian population to [carry out] military or tactical
actions.”
EXPERT EVIDENCE
d)
Expert witness proposed by the Inter-American Commission
1.
Rodrigo Uprimny Yepes, lawyer
Different types of proceedings can be filed in Colombia’s administrative jurisdiction;
the most important are: the action for annulment, the action for annulment and for
reinstatement, and also the action for direct reparation. The “action for annulment”
is used to request annulment of an administrative act based on different factors
established by law. This public civil action does not extinguish. The “action for
annulment and reinstatement” can be used by an individual to request not only the
annulment of the administrative act, but also the reinstatement of his right and,
possibly, reparation. This action extinguishes four months after notification of the
corresponding administrative act. An individual can use the action for “direct
reparation” to sue the State in the administrative jurisdiction in order to obtain a
declaration of responsibility for an illegal damage that the victim should not have to
endure, and an order of reparation consisting in financial compensation.
Based on the events examined in the instant case, it would appear that the
appropriate action to file would be the “action for direct reparation,” which
extinguishes two years after the events have occurred.
The administrative jurisdiction has had some “successes” in the area of human
rights. There is a “certain similarity between the administrative jurisdiction and the
international human rights jurisdiction.” However, the administrative recourse of
direct reparation “is not an appropriate substitute” for the international human rights
jurisdiction, because it has obvious limitations, owing to its nature, regulation and
actual functional limitations
The first of these limitations refers to the grounds for the declaration of responsibility
in the administrative jurisdiction. These grounds are limited, because “international
human rights obligations and standards are not obligatorily examined” in this
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents