48
208.
On May 27, 1997, the President of the Republic responded negatively to the whole 56
remedies maintaining: (i) that the aim of the tutela action is not that of protecting collective rights; (ii) that
the Security Forces do not tolerate or support the presence of illegal armed groups; and (iii) that the
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Government had created a Committee to deal with the displaced.
209.
Of the 56 tutelas, 12 were decided favorably for the petitioners. The dismissals were
justified on the basis that: (i) the tutela is not a mechanism to protect collective rights; (ii) the lack of
territorial jurisdiction since the events had occurred outside the range of jurisdiction, this being the most
repeated argument; (iii) that the right to peace and the application international treaties could not be
protected by way of a tutela, due to its exceptional character; (iv) that there had been no evidence of a
risk to the right to life, food and work; and (v) that the displacement of the civilian population in Colombia
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was due to the internecine struggle that for years has spawned illegal groups.
210.
The favorable decisions established that the displaced "should be provided with
adequate conditions of security, such as asserted by Dr. Ernesto Samper Pizano, President of the
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Republic of Colombia, in the response referred to in the arguments”.
211.
A complaint was filed in court against the President of the Republic for non compliance,
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contempt of court and fraud of a judicial resolution.
This complaint was rejected on September 10,
1997, considering that the Government was indeed complying with the order and reference was made to
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instructions for the Armed Forces, who should protect the displaced as they returned.
212.
On December 13, 1999, the Vice-Presidency of the Republic reached a series of
agreements with the displaced communities in the Cacarica basin; and undertook to request from the
investigating bodies and the judicial branch periodic reports on the state of the investigations, the
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perpetrators of the forced displacement and the murders.
C.
Determinations of Law
1.
Prior Considerations
213.
In Admissibility Report No. 86/06, the Commission noted that "collective claims alleging
violations of the rights of particularly vulnerable groups, which include communities of African descent,
warrant special treatment. In the case under examination, the individual identification of the victims vis-àvis the Commission's competence to examine the merits of the claim must acknowledge the victims'
status as Afro-descendants, their form of community existence, and their collective landholding
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Act No. 003447 signed by Ernesto Samper Pizano, of May 27, 1997. Petitioners’ allegations on the merits received on
March 10, 2008, para.187. Cf. Annex 41. First instance tutela judgment of the Civil Circuit Judge of Turbo on May 29, 1997, in favor
of eight plaintiffs, mentioned in the President's response. Annex to the original petition of June 1, 2004.
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See Annexes 79, 80 y 81. Decisions issued by the Third and Sixth Judges of the Civil Circuit of Medellin rejecting the
tutela suits presented by Rosalba Córdoba Rengifo, Pascual Ávila Carmona and Pedro Manuel Pérez Florez due to a lack of
competence on May 6, 1997. Annexes to the original petition of June 1, 2004.
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Annex 41. First instance tutela judgment of the Civil Circuit Judge of Turbo on May 29, 1997, in favor of eight plaintiffs.
Annex to the original petition of June 1, 2004.
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Annex 82. Complaint on non compliance with tutela judgments against the President of the Republic, presented by
Antonio Rene Córdoba, William Quejada Mosquera, Nora María Mosquera, Rosalba Córdoba Rengifo, Pascual Ávila Carmona,
Jesús Arcilo Hurtado Quinto, Pedro Manuel Pérez Flores, Leovigildo Quinto Mosquera, Luis Emiro Quinto, Lourdes del Carmen
Ortiz, Guillermo Vergara Serrano and Jesús Adán Quinto before the Civil Circuit Judge of Turbo, Antioquia on May 29, 1997. Annex
to the initial petition of June 18, 2004.
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SOLDEPAZ Pachakuti and other organizations. We Demand Justice for Colombia. World Calls against the
Observance of Crimes and Impunity. Bogota, D.C., 2004, p.23. Petitioners’ allegations on the merits received on March 10, 2008,
para.190.
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Annex 57. Agreement for return between the Cacarica Basin Displaced Communities Temporarily Settled in Turbo,
Bocas de Atrato and Bahía Cupica and the National Government of December 13, 1999. Annex to the original petition of June 1,
2004.