3
b)
on February 23, 2005, the State “gained knowledge of the alleged
murder” of Mr. Luis Eduardo Guerra-Guerra, leader of the Peace Community,
his partner Beyanira Aleiza Guzmán, his son Deiner Andrés Guerra-Tuberquia
and of Mr. Alfonso Bolívar-Tuberquia, his wife Sandra Milena Muñoz-Posso, his
two children Natalia and Santiago Tuberquia-Muñoz, aged 6 and 2 respectively,
and a person who worked for him, called Alejandro Pérez. The Community laid
the responsibility on the army. The State “denied” this version and referred to
certain circumstantial evidence suggesting that the Fuerzas Armadas
Revolucionarias de Colombia - FARC (Revolutionary Armed Forces of Colombia)
were responsible for the incidents. With respect to the murder case of Mr.
Alfonso Bolívar Tuberquia’s et al, the Unidad Nacional de Derechos Humanos y
Derecho Internacional Humanitario (National Unit on Human Rights and
International Humanitarian Law) gained knowledge of the events on February
24, 2005. A judicial commission composed of prosecutors, agents of the
Colombian Attorney General’s Office and criminologists was created. On
February 26, 2005, the bodies of Luis Eduardo Guerra-Guerra, his partner and
his son were found in the hamlet of Alto Mulatos;
c)
“local residents refused to cooperate with the authorities […]. The report
of the [judicial] commission state[d] that the Peace Community did not
cooperate with the investigators and that the refusal of [...the] witnesses to
give testimony was unanimous […];”
d)
the Ministry of Defense had officially announced that “the troop status
report (INSITOP), [which issues] a daily report, […] through a GPS (Global
Positioning System) device that reports the position of the troops, indicates that
the units accused by the members of the Peace Community of perpetrating the
massacre were located in a distant area that day;”
e)
On April 16, 2005, a socio-policial mission was conducted to provide the
Community with medical assistance - pediatrics, orthopedics, psychology,
consultations and vaccination, among other services;
f)
in response to the complaints received regarding abuses by armed
groups, the inefficiency of the State in providing protection, and the almost
permanent intrusion of a paramilitary checkpoint on the road leading to San
José de Apartadó, the State informed that the policy in place was that of
“[c]ommunication with the community; [p]resence of police forces across the
region; [f]ight against illegal groups; [p]rotection of the Community;
[c]oordinated action of State agencies […]; and [s]upport to investigative and
oversight authorities;”
g)
it decided to set up a Police Station in San José de Apartadó and to order
the presence of the community police at all times, accompanied by the
community ombudsman, the Government of Antoquia and the Mayor's Office of
Apartadó;
h)
as a result of the incidents occurred in three communities of San José de
Apartadó, there are approximately 80 investigations in progress, distributed as
follows: two in the Unidad Nacional de Derechos Humanos y Derecho
Internacional Humanitario (National Unit on Human Rights and International
Humanitarian Law) in Bogotá, twenty-six in the National Unit on Human Rights
and International Humanitarian Law in Medellín; forty cases in the Specialized
Prosecutor’s Office in and for Apartadó and specialized prosecutor’s offices in
Medellín;
i)
the Procuraduría Delegada Disciplinaria para la Protección de los
Derechos Humanos (Delegate Disciplinary Attorney General’s Office for the
Protection of Human Rights) informed, in relation to the incidents occurred,
especially in San José de Apartadó, that there was a total of twenty-three
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