9
By the Inter-American Commission of Human Rights:
Robert K. Goldman, delegate:
Verónica Gómez, advisor;
Sister Clara Lagos, assistant;
Danilo Rueda, assistant; and
Viviana Krsticevic, assistant.
9.
The arguments of the Commission presented in the aforementioned public
hearing, are summarized below:
a)
the provisional measures requested to the Court are aimed at
protecting the life and personal integrity of the members of the Community of
Paz de San José de Apartadó, located in the region of Urabá of Antioquia,
“one of the epicenters of the internal armed conflict taking place in the
Republic of Colombia”. Said community is formed by approximately 1200
civilians, and since its inception in 1997, it has been constantly beaten by
paramilitary violence and stigmatization, in spite of its efforts to isolate itself
from the armed conflict.
b)
in keeping with Article 29 of its Rules of Procedure, in 1997 the
Commission requested the State to grant the precautionary measures in favor
of said Community to adopt measures to protect its members, since there had
been more than 40 summary executions and forced disappearances. Almost
three years after these were granted, the Community is still living under
dangerous conditions due to the continuous threats by armed individuals and
their condition of total lack of protection. During the last 18 months, the
Community has suffered three massacres with a total of 15 deadly victims. In
spite of the active accompaniment of organizations such as the Peace
Brigades, the interest of the foreign diplomatic representations in Colombia,
and the Office of the High Commissioner of the United Nations, and, even, the
actions of the Vice-presidency of the Republic, the members of the
Community of Paz continue to be “prisoners of violence” specially from
paramilitary groups, and they remain to be without the effective protection of
the State’s agents;
c)
the Community of Paz de San José de Apartadó is ruled by several
principles, to wit: neutrality before all armed actors; no direct or indirect
participation in war; no arm carrying; and no offer or manipulation of
information in favor of any of the armed actors. The Community of Paz is
ruled by an internal council formed by eight peasants. They are elected
democratically for a three-year term.
One of them holds the legal
representation and there is an extended council with the coordinators of the
working groups;
d)
three months after the creation of the Community, a paramilitary
reserve troop was established between San José and the Municipality of
Apartadó, four minutes away from the place where the Army had a base. In
said reserve troop the passing of food is limited, and they make lists of the
people, that later appear in the hands of paramilitaries, who assassinate the
people appearing on said lists. At the beginning, the deaths that took place in