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the reserve were selective. Dwellers of the Community are pointed out as
guerillas, as people helping the guerrillas, that pass food to the guerillas;
e)
there have been several massacres, among them those of April 4,
1999 and February 19, 2000. Since the latter, they started to take steps and
they asked for the interlocution of the Vice-presidency. On March 20, they
had a meeting where the Community proposed a number of measures that
were not attained. However, the return of the inhabitants of the Community
was prepared, and on July 8, there was another massacre. At three in the
afternoon on that day, some hooded people entered the Community and killed
six peasants who, according to the medical reports, had forty shots each,
f)
in spite of the collaboration of the Community with the internal judicial
authorities in the processes related to the facts and deaths occurred on said
Community, a state of total impunity prevails;
g)
a part of the investigation for the violent acts suffered by the
Community are now moved forward by the Military Criminal Justice,
specifically by the Military Criminal Initial Judge of the Seventeenth Brigade of
the Army;
h)
recently, on November 11 and 14, 2000, a bus travelling from
Apartadó to San José, in a neighborhood called El Consejo, was boarded by
some armed civilians who detoured the vehicle and made the passengers get
off the bus with their identification at hand; they verified if they were in a list
and took all the food that passengers were carrying. This happened one
month later after asking the State for protective measures;
i)
the effort of the Commission to identify a number of members of the
Community in order to present the request of provisional measures led it to
present a list of 189 people, but this is not complete, since “the great
majority of the members of the Community fear stigmatization and violence
resulting from such stigmatization, and this is the only reason for which they
did not authorize to make their names known”;
j)
there is a number of elements that allow identifying the members of
the Community in a collective way. One of these is the geographic element;
this is a Community located in determined place, in the Municipality of
Apartadó, formed by 32 surrounding trails, such as La Unión trails where the
189 people identified in the Decision of the President of October 9, 2000 come
from. Furthermore, belonging to such Community has a series of norms, a
bylaws, a representation system; the members are even identified with an
identification card; in the Community there are people who, although not
formally identified with said card, live there and are guided by said principles
and want to become members of the Community. Therefore, they must be
considered also as members. In this case, it is convenient to define the
Community of Paz de San José de Apartadó collectively because this is an
affectation of fundamental individual rights, such as life and personal
integrity;
k)
after three years of the precautionary measures, the State did not
question or allege having had problems to identify the people that it had to
protect. The Commission is convinced that the State understands the