42. In mid-1991 the "Community Action Movement" (MAC) was formed in Aguachica, and it managed to have three councilors elected to the mayor’s office.36 The MAC was perceived by some, including the authorities, as a group whose leaders allegedly came from the ex-guerrilla group M-19. By that time complaints about the existence of self-defense groups started.37 43. Army Major John Carlos Vigoya Arango was the Commander in charge of the Santander Battalion prior to 1994. 38 After the then Mayoress of the municipality of Aguachica resigned because of "repeated and serious threats against her life", Major John Carlos Arango Arango was elected Mayor of Aguachica in May 1994.39 Then Major Jorge Alberto Lázaro Vergel was placed in charge of the military post of Aguachica.40 Following a series of murders and attacks against members of the MAC (see infra para .. xx) a public statement was released in 1994 by members of the MAC where they said that "those who had survived were resigning from the Political Community Action Movement" and said that some party members had moved "to other parts of the country to protect [their] lives”.41 44. The Commission notes that the information provided by the petitioners contains statements and reports of authorities as well as individuals linking Army personnel, especially Major Jorge Alberto Lázaro Vergel, as well as other authorities, to the activities of the illegal armed group identified as paramilitaries in the area as follows: - The C.T. Fabian Rios referring to the acts of illegal armed groups in the area said that the commander of the Aguachica base, Major Jorge Alberto Lázaro Vergel told him once that "nobody operates without my orders, they notify me when they go to do some work and I tell them yes or no, they are under my command, also there will not be any longer any dead left; people will be taken and disappeared because the dead cause a lot of trouble".42 Major Lazaro Vergel stated "he was the 36 Project Colombia Nunca Más. Report Zone V. El sur del Cesar:entre la acumulación de la tierra and el monocultivo de la palma. At: http://movimientodevictimas.org/~nuncamas/images/stories/zona5/SURDELCESAR.pdf 37 In this respect, Army Major Jorge Alberto Lázaro Vergel, stated in 1995 that “[…]as is well-known to all the authorities, before the Mayor of Aguachica and his private secretary took charge of their positions they were commanders of the M-19 group. Once they took office they were the ones who started to talk of paramilitary groups in Aguachica, just as the ELN. Therefore I gather that they are the ones interested in having the authorities combat the paramilitaries that the ranchers claim to have. I believe they call the rancher’s escorts “self-defense”, which are one, two, three men armed with legal handguns, and who accompany the ranchers to the properties so that they are not kidnapped. Some of these ranchers whenever they visited their properties used to approach the base to ask for protection [...] In conclusion, we can say that the guerrillas are trying by all means that the Government combat the paramilitaries so they have a clear path –as they have always had— to continue kidnapping and blackmailing ranchers; in the municipality of Aguachica the Camilo Torres Restrepo group is strong, with urban militias, gangs of thieves and robbers [...] these are ELN commanders, squadron commanders include [...] LIBARDO GALVIS former Counselor of the Aguachica Municipality[...] Interrogation of Major Jorge Alberto Lázaro Vergel, before the Military Court on Criminal Instruction No.100, March 23, 1995, case file 008-152218 de Human Rights National Procurator’s Office, folder No 1, pp. 234 to 260. Annex 7 to the petitioners’ brief of November 10, 2010. See also Diario El Tiempo. En Aguachica manda el miedo, June 5, 1994. At: http://www.eltiempo.com/archivo/documento/MAM-144390 38 Report No. ULA Technical Investigation Corps 525 of September 18, 1998 of the Local Unit of Aguachica, Technical Investigative Corps of the General Prosecutor’s Office, case file No. 397 of the National Unit of Human Rights of the General Prosecutor’s Office of Bucaramanga, pp. 176- 178. Annex 22 to the petitioners’ brief of November 10, 2010. 39 Decree No. 1109 of 1994, published in the Official Gazette of May 31, 1994. Annex No. 21 of the petitioner’s brief of November 10, 2010. 40 Interrogation of Army Major Jorge Alberto Lázaro Vergel, dated March 17, 1995, in the case of the Puerto Patiño village massacre, case file 008-152218 of the National Procurator’s Office Human Rights Division, folder of Annexes No 1, pp. 57 to 79. Annex 24 to the petitioners’ brief of November 10, 2010. 41 MAC Public Communiqué, case file No. 015 of the National Unit of Human Rights of the General Prosecutor’s Office of Bucaramanga, folder No. 9, p. 301. Annex No. 11 to the petitioners’ brief of November 10, 2010. 42 Sworn statement of L.C. Fabian Rios to the Central Judicial Police Unit, Homicide Crimes and Personal Injury Section, February 6, 1995, investigation on the Puerto Patiño Massacre. Annex to the petitioners’ brief of March 3, 1999 and Annex 23 to the petitioners’ brief of November 10, 2010. He also stated that "in relation to Major Lazaro I had many reports that he worked with the paramilitaries, practically he belonged to them." Sworn statement of L.C. Fabian Rios to the Regional Directorate of Public Prosecutions, May 7, 1998. Annex 25 of the petitioners’ brief of November 10, 2010. Regarding Major Lazaro he also indicated "I do not know directly about his involvement, what I've always said is that he personally told me that he was the Coordinator of these self defense groups in Aguachica, and they did nothing without an order from him"; he added that "given his Lázaro Vergel’s declaration that he was the coordinator of the paramilitaries in Aguachica and that these people did nothing without his orders, by simple logic it is clear that he was the one ordering the killings." Sworn statement of Police Captain Fabian Rios Cortes of August 20, 1999, case file No. 015 of the National Prosecutor’s Office – National Human Rights Unit Bucaramanga, folder No. 8, pp. 53 - 58. Annex 26 to the petitioners’ brief of November [continues …] 10