many people died or suffered damages to their physical integrity. This, in order that the
allegations could be brought before the competent authorities.
19.
Also, in light of the alleged collusion of members of the Army with the “actions of illegal
actors,” the State indicated that it was necessary to exhaust the legal remedies available in the
domestic legal system for protecting the rights of the beneficiaries from any potential
infringement. This includes “any event that presents any irregularity in the actions of the
members of the Armed Forces, as a mechanism exists for filing of complaints with the Armed
Forces [...].” In this regard, it expressed the need for the pertinent claims to be made in a timely
fashion, since “clearly if the State is not aware of this information, it cannot act and will therefore
end up [...] not fulfilling its responsibility.” It indicated that there is “a broad range of effective
and suitable remedies that provide access to State agencies and responses therefrom.” This
situation applies, for example, to the representatives’ statements regarding the operations and
alleged presence of paramilitary groups and criminal actions they have taken “with the protection
of the Police Force.” The State’s opinion is that these allegations are “sensitive and should be
made with sufficient evidence. Of course, they should also be filed with the corresponding
authorities.”
20.
Regarding the alleged presence of paramilitary members in the zone “under the protection
of Law Enforcement,” the State indicated that it is committed to “eradicating all groups that are
acting illegally and conducting acts of violence,” and to this end they have taken legislative and
other actions to achieve peace in Colombia, including actions on the part of the National Police
and the Army in the Bajo Atrato region. In this regard, the State referred to various measures
implemented in terms of security in the area, including individual protection measures. It also
indicated that the representatives constantly submit documents called “historic records, which
contain narrations of alleged events similar to the document that supports the instant request.”
These documents are processed by the State through the corresponding institutions, and their
results are reported to the representatives. In this regard, it indicated that from January to April
2011, the Presidential Program of Human Rights has processed over 50 requests. The State
reiterated that it is implementing various pecuniary measures of protection for persons that are
beneficiaries as well as those that are not, including those included in the request for expansion of
measures, which is being carried out as part of its obligations. It also stated that “it wants to
reiterate to the [Court] and thereby to the Inter-American Commission and to [the
representatives], that [...] if any individual element of protection is required, they can access the
available institutional options legally established for such purposes.”
21.
Regarding the alleged abuse by businessmen and the “bad faith” occupations, the State
pointed to the various investigations being undertaken by the Public Prosecutor’s Office regarding
crimes of threats, usurpation of land and criminal conspiracy, as well as the National Unit on
Human Rights and International Human Rights Law. It thus reiterated the need for exhaustion of
the domestic procedures established under Colombian law for the State to proceed accordingly.
On the other hand, with regard to the alleged “prosecution” of inhabitants of the communities of
Jiguamiandó and Curvaradó, among others, the State indicated that its duty is to investigate
illegal acts committed under its jurisdiction, and that “it cannot be assumed or intended that
precautionary or provisional measures grant judicial or legal immunity to their beneficiaries.” The
State also indicated that pursuant to the authorities given to it by “the Constitution and the Law,”
the National Police can also “perform inspection operations in order to maintain public order and
security” and while respecting the fundamental rights of persons.
22.
Regarding these “alleged national and international campaigns to discredit the inhabitants
of the area”, the State reiterated that it is important to exhaust “the legal remedies available
8