6
b)
colonel Néstor Iván Duque, commander of the Engineer Battalion “Carlos
Bejarano Muñoz” attached to the 17th Brigade of the National Army, filed a
criminal complaint against Priest Javier Giraldo, Miguel Ángel Afanador and Elkin
de Jesús Ramírez-Jaramillo “for their responsibility for the alleged defamation
and false allegations made in different briefs submitted to the [Inter-American
Court], the President of Colombia, other international bodies for the protection
of human rights and domestic legal actions], which describe different criminal
acts committed against the members of the Peace Community;
c)
the criminal complaint was filed with the Sectional Prosecutor’s Office
No. 205 in and for Bogotá under no. 802.316, and Mr. Ramírez Jaramillo has
been denied his right to defense and to an adversarial proceeding, and
d)
the Court should urge the State to “guarantee the right to life, humane
treatment and safety of attorney Elkin de Jesús Ramírez-Jaramillo; […] and all
procedural safeguards in the criminal proceeding instituted by the Sectional
Prosecutor’s Office No. 205 in and for Bogotá, and to ensure that all acts of
intimidation against [Mr. Elkin de Jesús Ramírez-Jaramillo] come to an end.”
20.
The communication of the Secretariat of December 22, 2005, whereby,
following the President’s instructions, the State was required to submit a report
regarding the incidents against Mr. Elkin de Jesús Ramírez-Jaramillo, representative of
the beneficiaries of the measures, by January 3, 2006. In addition, the State was
requested once again to submit the State report, which was due on November 15,
2005 (supra Having Seen clause No. 18).
21.
The brief of the Inter-American Commission of December 23, 2005, stating,
inter alia, the need to put on record its concern about the events recently informed by
the representatives in the sense that “since the date of the last Order of the Court on
this matter a number of incidents of harassment, theft and usurpation, attacks and
attempts of murder against members of the Community have taken place [,a]mong
them, the murder of Mr. Arlen Salas David.” The Inter-American Commission also
indicated that it had recently received information that massive acts of may be
perpetrated against the Peace Community, and expressed its concern over this
situation, particularly because since July 2005 the State had failed to provide the Court
with information on the reported incidents or the measures adopted.
22.
The note of the Secretariat of January 6, 2006, whereby, following the
President’s instructions, the request to the State to submit the report regarding the
alleged incidents against Mr. Elkin de Jesús Ramírez-Jaramillo was reiterated (supra
Having Seen clause No. 20).
23.
The note to the Secretariat of January 24, 2006, whereby, following the
President’s instructions, the State was called upon to submit the report, which was due
on January 3, 2006, and to include in said report information regarding the incidents
mentioned in the communication of the representatives of December 22, 2005 (supra
Having Seen clause No. 20). In addition, the State was required to submit the
bimonthly report, which was due on January 15, 2006.
24.
The brief of the representatives of January 25, 2006, notifying that the
Corporación Jurídica Libertad “ha[d] formally resigned as representative before [the
Court] in the case of the provisional measures ordered in favor of the Peace
Community of San José de Apartadó.”
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