4
a)
the Colombian Public Prosecutor’s Office submitted a list of 28 ongoing
investigations, of which 16 are murder cases. Six of these cases are not related
to the Communities protected by the provisional measures; in the murder cases
of three-year old Ricardo Guaraona and Mr. Cristóbal Hinostroza, there is no
correspondence between the crime and the alleged perpetrator; of the four
investigations regarding forced displacement, only two are related to the
Jiguamiandó and Curbaradó basins; and as regards the two proceedings
instituted for the illegal planting of oil palm, only one is related to the
Communities;
b)
the State confuses perpetrators and cases involving other population
groups with the cases in which the victims are members of the Jiguamiandó and
Curbaradó Communities. All cases are at a preliminary stage, which means that
there is no formal investigation;
c)
as regards the investigations into the murder of the child Hermin Garces
Torres and the injuries suffered by Mr. Víctor Garces Renteria, whether an
arrest warrant has been issued or evidence other than testimonies has been
gathered is unknown. Regarding the murder of Mr. Pedro Murillo, he would have
allegedly been killed by the army, who would have shot him while totally
defenseless. To date, there is no information about what the military did with
his body since it was not handed over to his partner, and “[the fact that] the
investigation of the case is in the hands of the military criminal justice system
[…] limits […] the right to know the truth and the right to justice;”
d)
the State has completely disregarded important aspects regarding the
procedure to be followed when conducting criminal investigations, as a
mechanism that prevents the repetition of irreparable damage; therefore, a
commission should be created to evaluate the measures adopted by the State
in relation to the investigations;
e)
on September 4, 2005, the State attempted to give the three satellite
telephones to delegates of the Community Councils, who refused to receive
them because the Communities believed that “the communication system must
be integrated […] with a system of prevention and follow-up;”
f)
pressure on the Communities from business and paramilitary strategies
continue. Ninety-three percent of the areas planted with oil palm are within the
communal property of the beneficiaries. Therefore, “the […] Court should make
explicit reference regarding the investigation into the illegal planting of African
palm in the provisional measures […] in order to create the conditions for the
return of displaced persons,” and
g)
the actions taken by Army and Police Forces are inefficient insofar as the
members of the Communities continue to be the target of military operations,
threats, harassment and intimidation by civilian armed groups and African palm
plantation businessmen.
15.
The brief of the Commission, received on September 19, 2005, requesting an
extension until September 30, 2005 to submit its comments on the State report. The
communication of the Secretariat of September 20, 2005, whereby, following the
President’s instructions, the Commission was granted the extension.
16.
The note of the Secretariat of October 18, 2005, whereby, following the
President’s orders, the Inter-American Commission was called upon to submit its
comments on the State report of August 8, 2005, which was due on September 30,
2005. In addition, the State was requested to submit its report, which was due on
October 8, 2005.
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