7
measures, located in seven veredas “as a positive fact” because it “helps to precisely
determine the beneficiaries and give precise orders to law enforcement regarding their
location. Regarding the protection of beneficiaries, the State noted that it undertakes
“unilateral efforts” to understand its obligations and to achieve full commitment in the
application of the decisions of the Inter-American Court.
17.
The representative expressed that the increase in courses in Human Rights and in
International Humanitarian Law given to members of the army and the police “does not
constitute an effective mechanism for assuring the protection and respect of […] the civil
population, as long as they [are] not accompanied by criminal sanctions and exclusion
from public functions.” Additionally, the representative indicated that for the Peace
Community, the military operations carried out by the Army in the area “are not of
protection but of aggression,” given that “they have always amounted to a cover-up for
barbaric aggressions by the Army against the Community and the area’s rural population
[…].” Additionally, the representative indicated that “there has not been any repopulation
of the Peace Community’s displaced families” but rather, “various homes of the displaced
have been looted” and “[their] collective goods […] occupied,” and that “[i]f there are new
settlements in the hamlet, the issue is not one of displaced Peace Community members
that have returned but of a repopulation induced by the Police and Army to give the
impression of ‘normalization.’” The representative expressed that the Security Councils
that have developed in the area “do not have the aim of examining, in an objective and
impartial manner, the situation of risk for the Peace Community; […] on the contrary, their
purpose is to distort the charges brought by the Community and to try to legitimize the
aggressions of the State Institutions.” Regarding the social investment project for the
Territory of San José de Apartadó, the representative expressed that “it is a mechanism to
pressure the Peace Community to accept the presence of law enforcement,” “that seeks to
construct communities which are allied with the State’s camp.” Finally, the representative
observed that Brigade XVII “ignores essential information that the Court has transmitted
many times to the State within the procedures of the provisional measures,” such as “the
location of the members of the Peace Community;” “the reasons the rupturing of
cooperation and dialogue between the Government and the Community;” “the conditions
that the Community has laid out for their resumption;” and “the reasons for not providing
the names of its members.” In various submissions and during the public hearing, the
representative gave details of a series of acts which were apparently committed against
the beneficiaries of the present provisional measures, including, inter alia, threats against
life and personal integrity, including of extermination; intimidation; torture; forced
registration; detentions; holdups; false accusations, etc. The representatives indicated that
both paramilitary and army members were presumed responsible for these acts. During
the public hearing, the representative also indicated that “the observations of the
community have not at all resonated with the government during the two years that have
passed since the previous hearing [in 2008].”
18.
The Commission made reference to, among other aspects, “the deaths of Ediógenes
Guzmán David [December 20, 2007] and Margarita Giraldo Úsuga [December 23, 2007],”
as well as “the detentions of Germán Graciano [and] Eduar Lanchero [on January 16,
2008], Amanda Úsuga [on April 19, 2008], Emilio Vásquez, Juan Góez [and] Ever Góez [on
April 24, 2008] and Huldar Montoya [on June 20, 2008].” During the public hearing, the
Commission indicated that “far from seeing improvements in the situation of the
beneficiaries of the [provisional measures], the situation of extreme need, urgency, and
immediate harm persists, and the elements which gave rise to this situation have not been
eliminated.” The Commission expressed concern that the representative had reiterated
that threats and stigmatization against the Peace Community’s inhabitants “by members of
the army and by paramilitaries are constant,” in addition to other alleged aggressions.