12
military operations, threats and intimidation on the part of civilian armed groups and
African palm plantation businessmen. In this regard, they pointed out that 93% of the
areas planted with oil palm are within the boundaries of the communal property of the
beneficiaries; therefore, it is necessary for the State to conduct an investigation into
the illegal planting of African palm and to adopt measures to deter its expansion, so as
to create the conditions for the return of displaced persons. With respect to the
investigations, the representatives pointed out that, according to the information
provided by the State, all cases are at a preliminary stage, which means that there is
no formal investigation, and that the fact that some investigations are in the military
criminal justice system impairs the right to know the truth and the right to justice.
They recognized the importance of humanitarian assistance and State protection;
however, they stated that such measures may not be accompanied of the militarization
of private property or humanitarian areas. Finally, they indicated that the
communication system must be integrated with a prevention and follow-up system and
that the State has failed to provide a comprehensive solution in relation to preventive
security measures, such as the communication and monitoring system (supra Having
Seen clauses No. 14, 17 and 20).
20.
That the Commission informed the Court, inter alia, that “on October 15, 2005,
members of paramilitary groups kidnapped and murdered Mr. Orlando Valencia, [who
was one of the candidates to handle the legal representation of the Consejo Mayor
(General Council) of Curbaradó] whose remains were not found until October 22,
2005.” It pointed out that it was important for the State to make a statement
regarding the alleged murder of Mr. Orlando Valencia and the allegations concerning
State agents’ involvement in his death, insofar as, given the circumstances
surrounding the murder, which would have allegedly happened after he was
questioned by the police of Belén de Bajirá in relation to his participation in the
complaint regarding the illegal planting of oil palm, it is necessary to call attention to
the State’s failure to comply with the obligation to protect the individuals who reported
the illegal plantation of African palm. In this regard, the Commission pointed out again
the connection between the planting of the palm in the communal property of the
beneficiaries and the incidents of threats, harassment and violence against them. It
also indicated that the State made no reference in its report to the presence of
oversight bodies, such as the Colombian Public Prosecutor's Office, or to the
appointment of a permanent Community Ombudsman in the area of the Communities
or to the special protection that must be provided to the humanitarian refuge areas. In
this regard, the Commission stated that, in October 2005, it received information of
incursions made by members of the army accompanied by civilians in the humanitarian
areas to steal cattle and destroy demarcations, and expressed concern over this
situation given that these incidents were incompatible with the protection obligations of
the State under the provisional measures. As regards the obligations of the State, the
Commission indicated that the duty to provide means of satellite communication had
not been fulfilled with the required efficiency in light of the conditions facing these
Communities. Finally, it pointed out that the State must provide information on the
measures adopted in order to transfer the case concerning the death of Mr. Pedro
Murillo from the military criminal justice system to the regular criminal justice system
as well as to find the whereabouts of Mr. Murillo’s body (supra Having Seen clause No.
18.)
21.
That even after the adoption of these provisional measures, according to the
information provided by the Commission and the representatives (supra Having Seen
clauses No. 14, 17, 18 and 20), the members of the Communities continue to be the
target of numerous threats and incidents of harassment, arbitrary detention, forced
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