peasants. The marches took place in different parts of the department of Caquetá, and the
intention was to take the demonstrations to Florencia, capital of the department of
Caquetá.70
79.
In order to “maintain public order” during these marches, the Commander of the
Army’s Twelfth Brigade based in Florencia, Caquetá, issued Operations Order No. 007 of
August 1, 1996, which was supplemented by other orders. The soldiers were ordered to
“maintain control over urban and rural areas, highways and waterways, and to neutralize
the peasant and/or coca worker marches,” and “to stop them from getting to Florencia,”
capital of Caquetá. It was also stipulated that the Brigade Commander should not allow the
march to pass the checkpoints that had been set up or reach Florencia. In addition, it was
established that the disturbances should be broken up with the use of tear gas by the
Military Police and available Armed Forces, and that they should not use their weapons, not
even to fire shots into the air.71
80.
In the said march that Mr. Vélez Restrepo was covering on August 29, 1996, in the
municipality of Morelia, 20 kilometers from Florencia, a confrontation took place between
the “marchers” and the soldiers on and around the bridge over the Bodoquero river. The
protesters were camping when, in the early morning hours, heavy rains flooded their camps
causing them to move and leading to the first altercations with the soldiers. Later, some of
the protesters tried to cross the said bridge, removing the barricades and obstacles placed
by the Armed Forces, resulting in a confrontation with the soldiers.72 Some protesters threw
sticks and stones at the soldiers. The soldiers used tear gas in order to control the situation;
however, some of the soldiers also used their weapons.73 According to the statement made
the following day by the Commander of the Army’s Twelfth Brigade, when controlling the
situation “members of the Military Police committed excesses” and “the commanders of the
troops involved in the events allowed physical violence against those participating in the
uprising who were defenseless.” People were injured in these incidents “by firearms,
weapons, knives, and blunt weapons,”74 among them, about 11 civilians were treated at the
María Auxiliadora Hospital in Florencia.75
70
Cf. Expert opinion provided by José Francisco Tulande during the public hearing held before the InterAmerican Court on February 24, 2012; newspaper article published in the newspaper “El País” on August 31, 1996,
entitled “Preacuerdo en Caquetá” (file of annexes to Merits Report 136/10, tome I, annex 9, folios 59 to 60), and
statement made by Luis Gonzalo Vélez Restrepo on June 25, 2005, before a notary public of the District of
Columbia, United States of America (file of annexes to Merits Report 136/10, tome I, annex 15, folio 78 to 82 and
file of annexes to the pleadings and motions brief, tome II, annex 16, folios 655 to 660), and preliminary report,
dated September 5, 1996, of the Attorney Delegated to the Defense of Human Rights of the Attorney General’s
Office, supra note 70, folios 1666 to 1674.
71
Decision issued by the Attorney General’s Office on May 27, 1998, in file No. 001-3422 (file of annexes to
Merits Report 136/10, tome I, annex 33, folios 195 to 203), and affidavit made by Néstor Ramírez Mejía on
February 18, 2012 (merits file, tome II, folio 1019 to 1023).
72
Cf. Decision issued by the Attorney General’s Office on May 27, 1998, in file No. 001-3422, supra note 71,
folios 195 to 203); statement made by Luis Gonzalo Vélez Restrepo on June 25, 2005, before a notary public of the
District of Columbia, United States of America (file of annexes to Merits Report 136/10, tome I, annex 15, folios 78
to 82, and file of annexes to the pleadings and motions brief, tome II, annex 16, folios 655 to 660); statement
made by Luis Gonzalo Vélez Restrepo before the Inter-American Court during the public hearing held on February
24, 2012, and article published in the magazine “Cambio” on September 2, 1996, entitled “Batalla sobre el
puente,“ supra note 69, folio 5.
73
Video recording of the events of August 29, 1996, in El Caquetá (file of annexes to Merits Report 136/10,
tome I, annex 4, folio 14, minutes 0.23, 2.57-3.26, and 3.35-3.48).
74
Cf. Decision No. 012 issued by the Commander of the Twelfth Brigade of the National Army on August 30,
1996 (file of annexes to Merits Report 136/10, tome I, annex 6, folios 21 to 24).
75
Decision issued on October 3, 1997, by the Colombian Military Forces, 122nd Military Criminal
Investigations Court, San Vicente del Cagúan (Caquetá) (file of annexes to Merits Report 136/10, tome I, annex
32, folios 188 to 193).
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