3
members of the Autodefensas Unidas de Colombia. Finally, the
petitioners also reported the presence of “paramilitary squads” in the
towns of Badillo, Río Seco, Patillal, La Mesa, Los Corazones, Guacoche,
Guacochito, Las Raíces, Alto de la Vuelta and in the capitol city of the
department of Cesar, the city of Valledupar. According to the
petitioners, these groups operate with the acquiescence or cooperation
of members of the Colombian Army attached to Artillery Battalion No.
2 “La Popa” and the battalion detailed to the municipality of Patillal;
k)
on November 28, 2003, the petitioners reported to the Commission
that Mr. Rafael Arias Maestre had been disappeared since November
23, 2003, and his whereabouts were still unknown. They added that
the disappearance was the work of members of the Autodefensas
Unidas de Colombia. On November 28, 2003, they also reported that
Mr. William Pacheco Arias’ throat had been cut that very day, in an
area under the control of the Autodefensas Unidas de Colombia;
l)
on December 3, 2003, the State submitted a report to the Commission
concerning implementation of the precautionary measures where it
pointed out that the situation had been reported to the Presidential
Program of Human Rights and International Humanitarian Law, to the
Office of the Attorney General, to the Ministry of the Interior and
Justice, to the Office of the Prosecutor General, to the Government
Security Department, to the Ministry of Defense and to the National
Police, and that the petitioners had been asked to put together a
proposal on the measures needed to address the situation. The State
also reported that before precautionary measures were taken, other
steps had been taken such as: “a list of Kankuamo victims had been
sent to the Commission for Verification of Cessation of Hostilities;
various State authorities held a meeting with the governors of the
Wiwas, Yukpas and Kankuamo indigenous peoples, where a support
group was agreed upon to assist the indigenous peoples of the Sierra
Nevada de Santa Marta; finally, Colombia reported that a
representative from the Ombudsman’s Office had been posted to the
area;
m)
on December 15, 2003, the Commission informed the State of its
concern over the aggression that continued to be perpetrated against
the Kankuamo people despite the precautionary measures the
Commission had ordered; it urged the State to make the necessary
efforts to stop this aggression;
n)
on February 17, 2004, the petitioners provided information on the
failure to implement the precautionary measures; it reported that on
February 6, 2004, agents of Colombian Army Operational Command
No. 7, accompanied by a person wearing a hood, had allegedly
detained Mr. Juan Enenias Daza Carrillo, who was later discovered
dead. The petitioners also pointed out that on February 7, 2004, the
Commandant of the “La Popa” Army Battalion had said that the person
in question had been killed in a clash with members of the armed
group called the Ejército de Liberación Nacional (ELN);
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