5
adequate implementation of the protection measures, the parties must agree on
alternate mechanisms that allow the possible individualization and identification of the
members of the Peace Community.
*
*
*
12.
That the representative informed of the death of Messrs. Francisco Puerta, Dairo
Torres, and Margarita Giraldo Úsuga, who were members of the Peace Community, on
May 14th, July 13th, and December 24th, 2007, respectively. According to that stated by
the representative, the murders of Messrs. Francisco Puerta and Dairo Torres were
allegedly committed by paramilitary forces, in places where the National Police “normally
has a strong control.” Likewise, the representative also reported that on November 13,
2006 Mr. Elidio (Nubar) Tuberquia received “heavy blows to his head” that caused his
“brain death” and “that circumstances […] point to Police responsibility.” Similarly, the
representative indicated that the death of Mrs. Margarita Giraldo Úsuga occurred after
her home was “attacked by military units appointed to the XVII Brigade.”
13. That on the other hand, in its observations to the State’s reports, the representative
has reported alleged threats and harassment against members of the Peace Community
(supra Having Seen Paragraph 4). Among the facts reported the alleged injuries
supposedly caused by members of the Army in the Arenas Altas vereda, against Efrén
Espinoza Goéz, a 10-year old minor member of the Peace Community, stand out, as well
as the alleged threats issued on November 24, 2007 by alleged paramilitaries to people
who live in la Esperanza and Playa Larga (supra Having Seen Paragraph 4).
Due to the aforementioned, the representative urged the Tribunal to request to the State
that “under no circumstance the protection of the [beneficiaries] be entrusted to the
police force, since it becomes more evident each day that they act in agreement with
paramilitaries.” Likewise, he reiterated that “the presence of the police station within the
home and work territory of the Peace Community tramples on one of the essential
principles of all Peace Community: not being obliged to coexist with any armed actor
whichever its symbol.” In this regard, during the public hearing celebrated (supra Having
Seen Paragraph 7), the representative stated that “the Constitutional Court of Colombia
in its last judgment […] on the Peace Community [that] was issued in the month of
January [2008], in its final paragraphs refers to the placement of police posts that put
the communities at high risk and it refers to several judgments in which the same
Constitutional Court has ordered that these police posts be removed because they put
the populations at high risk.” (infra Considering Clause number 24).
14.
That in its reports (supra Having Seen paragraph 3) the State referred, inter alia,
to the death of Messrs. Puerta and Torres. Regarding Mr. Francisco Puerta. The State
informed that once it became aware of “the unfortunate facts [the Attorney General]
required that the competent authorities to spread out all the mechanisms necessary to
avoid a new tragedy in the region.” Likewise, the Solicitor General of the Nation
reassigned the Delegate Prosecutor before the judges of the Specialized Circuit attached
to the National Human Rights Unit with its headquarters in Medellín that corresponds per
distribution so that it can advance with the investigation of the murder of Mr. Francisco
Puerta up to its culmination. Regarding the circumstances of his death, the State
indicated that an investigation of said facts was started, and it was in process, however,