community of Río Seco and the village of Makugueka was of concern to the Kankuamo Indigenous People, because they rode about on motorcycles, dressed in black “during the night,” and this has been the modus operandi of members of illegal armed groups such as “Self-Defense Patrols,” who have been accused of the murder of “around 150 members of the Kankuamo Indigenous People.” 11. The Commission took note of the information presented by the State and of its efforts to coordinate with the representatives. However, it indicated that, in light of the representatives’ observations, it did not have sufficient information regarding specific elements related to the “facts of December 2009 and April 2010,” or the “other risk factors that keep the people in a situation of extreme gravity and urgency” that has been recognized by the Colombian Constitutional Court. In its last brief (supra fourth having seen paragraph), it indicated that “it d[id] not have the representatives’ observations, and [was] waiting to receive them in order to issue more conclusive observations.” B. To provide information about the investigation of the facts that gave rise to these provisional measures (second operative paragraph of the order of April 3, 2009) 12. In its initial reports, the State did not refer to this operative paragraph. However, in more recent briefs the State informed the Court about the investigations that are being conducted by the Human Rights and International Humanitarian Law Unit of the Prosecutor General’s Office and its Sectional Unit in Valledupar. 13. In the only briefs submitted by the representatives, they emphasized the lack of information from the State regarding the investigations carried out into the facts that gave rise to these provisional measures. 14. The Inter-American Commission initially indicated that the State had not submitted updated information on the investigations “into displacement, threats against the leaders [of the Kankuamo Indigenous People], the events that gave rise to the protection measures, and the masterminds of the events that had been occurring on Kankuamo territory.” In its most recent brief, the Commission indicated that it was “awaiting the representatives’ observations in order to formulate more conclusive observations on the investigations conducted by the State.” C. To guarantee the security conditions necessary to ensure respect for the right to freedom of movement of the members of the Kankuamo Indigenous People, and so that those who have been forced to displace to other regions can return to their homes if they so wish (third operative paragraph of the order of April 3, 2009) 15. The State reported that the No. 10 Engineers Mobility and Counter-mobility Battalion had carried out several tactical missions in order to thwart the actions of any illegal armed group, thus guaranteeing the protection of the members of the Kankuamo Indigenous People. In addition, it indicated that under the policy of attention and support for the process of return of the displaced population, a “protocol to support the return or relocation processes of the displaced population” had been defined and designed. In this context, the State indicated that “the return of 50 families from the town of Río Seco and 35 families from Murillo had been made possible.” It also referred to the measures taken through the Departmental Committee to assist return in favor of the Kankuamo communities that returned to these municipalities. Furthermore, the State underscored that, on August 10, 5

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