12
ii.
died;
in 2006, not one member of the Kankuamo indigenous community
iii.
the State has established greater control over the zone and brought
about a training program for the Public Force to better enable respect for
indigenous customs and their authorities;
iv.
from 2004 to the present, the State has distributed more than 9,150
million Colombian pesos for the Kankuamo indigenous community, which has
allowed for improved infrastructure, health and education within the
Reservation;
v.
the Court should not convert the monitoring mechanism under
provisional measures into a discussion about the public policies of every State
organ that affects the Kankaumo population;
vi.
the measures ordered have accomplished their objective. The Court
should be satisfied with the contributions made to the Kankuamo population
and the different State entities who have worked together to change the
situation that first motivated the adoption of provisional measures. Based
upon this change, the State requested the Court to lift the provisional
measures;
vii.
in spite of certain aspects that deserve the State’s attention relating to
the displaced population, impunity, the betterment of conditions on the
Reservation, and the recovery of the ethnic history and culture of the
Kankuamo, among other matters, the State considers that this labor can
continue under domestic mechanisms of the State and not necessarily under
the mechanism of provisional measures, which already served its purpose to
aid a situation of extreme gravity and urgency, and
viii.
provisional measures should have a temporal and exceptional
character, which ceases to exist if there are no special and specific
circumstances aimed at preserving the rights recognized in the Convention.
b)
regarding the investigations concerning the events that motivated the
adoption of the present provisional measures and with an aim to identify those
responsible and, when appropriate, to impose the corresponding sanction, that:
i.
the National Unit on Human Rights and International Humanitarian
Law [Unidad Nacional de Derechos Humanos y Derecho Internacional
Humanitario] has moved forward 15 investigations, of which 8 are currently in
the preliminary stage and 4 are currently in the preliminary hearing stage; 17
suspects are connected to these investigations, of whom 8 are members of
the Public Force and others belong to paramilitary groups;
ii.
in the Ordinary Prosecutor of Valledupar [seccional de Fiscalía de
Valledupar] casework currently includes 71 investigations, of which 35 are in
the preliminary stage, 8 in the preliminary hearing stage, 3 in the judgment
stage and 3 in the sentencing phase. The investigations include members of
the guerrilla, members of the United Self-Defense Forces of Colombia,
members of the Kankuamo Community and there are also investigations into
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