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disappearance, murder and attempt of murder, reportedly by army and police forces or
by irregular armed groups. In particular, the Court was informed about the death of
another two members of the Communities protected by provisional measures, Mr.
Orlando Valencia and Mr. Alfonso Ibáñez, when the essential purpose of the adoption
of these measures is the effective protection and preservation by the State of the right
to life and to humane treatment of the members of the Communities of Jiguamiandó
and Curbaradó. The State must immediately adopt such measures as may be
necessary to put an end to this kind of incidents, conduct a thorough investigation into
the deaths of the aforesaid persons and determine the resulting responsibilities.
22.
That the Court, considering the information provided by the Commission, the
representatives and the State (supra Having Seen clauses No. 13, 14, 17, 18, 19 and
20) and the vulnerability of the beneficiaries of the provisional measures, deems it
necessary that the State provide and implement the necessary technical means for the
appropriate and continuous supervision and protection of the Communities and the
humanitarian areas.
23.
That, based on the information provided by the representatives, the
Commission and the State regarding the link between the planting of palm in the land
of the Communities and the impossibility of the displaced persons to return to their
homes, and the incidents of harassment and the threats faced by the beneficiaries, the
Court reiterates to the State the need for immediate action to address the issue of oil
palm plantations. In this regard, the Court appreciates the information given by the
State that the Colombian Public Prosecutor’s Office has opened criminal investigations
into the alleged incidents of Trespass to Areas of Special Ecological Significance by the
company “URAPALMA”, which falls within the scope of the obligation of the State to
protect the personal integrity of the beneficiaries of the measures; an obligation that is
imposed on State officers and agencies and also in relation to the action of private
individuals.
24.
That the representatives informed the Court that (supra Having Seen clause No.
7) Hugo de Jesús Tuberquia-Tuberquia, Andrés Borja-Romaña, Eladio Blandón-Denis,
Lus Mary Cabeza-Martínez, Ligia María Chaverra-Mena, Enrique Manuel PetroHernández, Miguel Mariano Martínez-Cuava, Cristóbal Blandón-Borja, José del Carmen
Villalba-Algumedos, Willinton Cuesta-Córdoba, Epifanio Códoba-Borja and Erasmo
Sierra-Ortiz testified before the Procuraduría Delegada para la Prevención en materia
de Derechos Humanos y Asuntos Étnicos (Delegate Attorney General’s Office for the
Prevention of Human Rights and Ethnic Affairs) and filed a petition for the protection of
constitutional rights regarding the alleged planting of oil palm in the communal
property of the community. Therefore, the Court deems it necessary that the State
report on the measures adopted to protect the life and integrity of these persons and
their families and adopt such measures as may be necessary to ensure prevention of
irreparable damage to the aforesaid persons, as set forth in operative paragraph
number three of the Order of March 15, 2005.
25. That, considering the statements of the Commission and the representatives
(supra Having Seen clauses No. 14 and 18) regarding the fact that some of the
investigations into the incidents giving rise to the implementation of these measures, in
particular, the death of Mr. Pedro Murillo and the child Ricardo Guaraona, are pending
before Colombian military courts, the Court deems it necessary to emphasize that in a
democratic State under the rule of law military criminal jurisdiction should be restrictive
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