4
cases; that it was decided to close five cases; six cases were referred to the
Colombian Public Prosecutor’s Office for reasons of jurisdiction; one was
referred to the Inspección General del Ejército Nacional (Army Inspector
General's Office); eight were requested by the Colombian Attorney General’s
advisors and others were referred to the commission.
13.
The brief by the representatives, received on August 16, 2005, in which they
included their comments on the report submitted by the State and pointed out, inter
alia, that:
a)
the repeated failure of the State to comply with the submission of
periodic reports is a matter of concern, especially considering that the Order of
the Court of March 15, 2005 directed the State to submit a report within a
period of 30 days and the State delayed its submission for over three months;
b)
the State report did not provide any conclusive results regarding the
investigation into the massacre of February 21, 2005, which claimed the life of
children Deyner Andrés Guerra-Tuberquia, Natalia Andrea Bolivar-Muñoz and
her brother Santiago; member of the Consejo Interno (Internal Council) Luis
Eduardo Guerra-Guerra, and his partner Bellanira Aleiza Guzmán, and
community leader Luis Alfonso Bolivar-Tuberquia, his wife Sandra Milena
Muñoz-Posso, and the farmer, Mr. Alejandro Pérez. They allow themselves to
sustain, based on certain circumstantial evidence, that the events would have
allegedly been the responsibility of the members of the 17th Brigade of the
Army, and that neither the Colombian Public Prosecutor’s Office nor the
Colombian Attorney General’s Office in charge of the criminal and disciplinary
investigations respectively have obtained any kind of results;
c)
in relation to the criminal and disciplinary investigations, the State
included “a series of statistical data without providing the source of that
information. […I]t is strange that the State refers to a total of 80 criminal
investigations given that in [previous] reports the figures were completely
different[...];”
d)
a series of incidents took place between February 19 and June 24, 2005,
related to the arrival of army units in some hamlets of San José de Apartadó
and with the action reportedly taken by army and police officers. These
incidents include: the stealing of money and various items from the house of
Mr. Norbey Sepúlveda, a resident of Las Nieves; the shootings and the injuries
caused to child Diana Marcela Guzmán and militiaman Marcelino Moreno, the
latter of whom died; the attempt to kill two residents of Las Nieves, who hid in
the woods for ten days; the interception by two men in civilian clothes of
Messrs. Alirio Cartagena and Dumar Aleiza, who were targeted as members of
the guerrilla and subsequently arrested without a warrant by police officers and
taken to the Army Headquarters; the arrest and murder of Luis Eduardo
Guerra-Guerra, Bellanira Aleiza Guzmán and child Deiner Andrés GuerraTuberquia; the deprivation of liberty of six families of the hamlet of Mulatos;
the bombing of the hamlets of Bellavista, Buenos Aires and Alto Bonito, in San
José de Apartadó, where many animals that were crucial to the livelihood of
local people died; the displacement of the residents of San José to the farm La
Holandita due to raids conducted by police forces, who announced the decision
to stay permanently in the community, and the radio broadcast of General
Carlos Alberto Ospina’s statement, Commander General of Military Forces, “who
began to spread false information on the [people] of the massacre of February
21 in the hamlets of Mulatos and La Resbalosa in San José de Apartadó
intended to stigmatize the memory of the victims and to lay the responsibility
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