3
possible. The note of the Secretariat of August 4, 2005, whereby, the State was
required once again to submit the report on provisional measures.
13.
The brief of the State of August 8, 2005, whereby, the State submitted the
report in response to the requirements laid out in operative paragraph number four of
the Order issued by the Court on March 15, 2005 (supra Having Seen clause No. 3),
stating, inter alia, that:
a)
the investigation into the murder of minor Hermí Garcés-Almanza and
the injuries suffered by Víctor Garcés-Rentaría on February 4, 2003 was
underway;
b)
the investigation into the death of Pedro Murillo was pending in the
military criminal justice system, before the court associated with the 17th Army
Brigade;
c)
the death of the child Ricardo Guaraona “occurred during an attack by
the members of the 57th army group of the Fuerzas Armadas Revolucionarias de
Colombia - FARC (Revolutionary Armed Forces of Colombia), and the incidents]
are under investigation by the Juzgado 30 de Instrucción Penal Militar (30th
Military Criminal Court) […] and by the Colombian Public Prosecutor’s Office.”
d)
“a chart regarding the status of the criminal and disciplinary proceedings
related to the Communities of Jiguamiandó and Curbaradó is” attached,
detailing that twenty-eight cases were at the “preliminary stage, evidence
gathering stage”, two cases are at the “pre-trial investigation stage” and three
at the “preliminary complaint investigation stage;”
e)
on July 15, 2005 the Ministry of the Interior informed that there were
three satellite telephones, which would be delivered to the Communities once
they designated a representative for such purpose;
f)
the Red de Solidaridad Social (Social Solidarity Network) informed the
State of the implementation of the following actions, among others, in
connection with the Communities: emergency humanitarian assistance in cases
of displacement; supply of food; support for scheduled return; quick impact
brigades; donations; production projects through a community-universitybusiness-state alliance;
g)
on June 18, 2005 in the municipality of Turbo, Antioquia, the Colombian
President reaffirmed his commitment to respect the land title of the AfroColombian communities;
h)
The Colombian Public Prosecutor’s Office opened criminal investigations
into the alleged Trespass to Areas of Special Ecological Significance by the
company “URAPALMA”;
i)
on November 8, 2004, the “Atrato” Joint Task Force was created in order
to ensure security in the Atrato river area, from the city of Quibdó, department
of Chocó, to the river mouth, and
j)
the 17th Army Brigade Unit conducted “several powerful, sustained and
offensive military operations” in the area of the municipalities of Riosucio and
Carmen del Darién in order to locate and neutralize the “5th, 34th and 37th
squads of the [Fuerzas Armadas Revolucionarias de Colombia -FARC
(Revolutionary Armed Forces of Colombia)] and the grupos de Autodefensa
(Self-Defense paramilitary groups).”
14.
The brief by the representatives, received on September 11, 2005, in which
they included their comments on the report submitted by the State and pointed out,
inter alia, that:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents