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3.
The communications submitted by the representatives of the beneficiaries (hereafter,
“the representatives”) on August 9, 2004, October 26, 2004, November 27, 2004, July 8,
2005, and August 24, 2006, by means of which they stated, inter alia:
a)
regarding to the adoption of measures necessary to protect the life and the
personal integrity of all members that compose the indigenous community of
Kankuamo, that:
i.
since the beginning of 2004 to July 2005, several members of the
Kankuamo community were assassinated, many of them after the Court
issued its Order. Among those killed were Freddy Antonio Arias Arias, on
August 3, 2004, or on September 3, 2004; Víctor Hugo Maestre in early
October 2004; Héctor Pacheco Montero on November 5, 2004; Pervis Pacheco
on November 8, 2004; Rafael Cristóbal Arias on November 15, 2004; on
February 7, 2005, Hermes Enrique Montero and his wife Noemí Pacheco
Zabatá – who was 13 years old and pregnant; Claudino Arlantt on May 15,
2005; José Luis Carrillo Maestre on July 1, 2005, and Jaider Julio Mendoza
Maestre, between July 3 and 5, 2005. Further, Euclídes Sanchez Calderon and
Wilmen José Arias Mendoza remain disappeared since May 2005;
ii.
on September 15, 2005, Gabriel Turbay Alvarado, elder of the
Community of Atánquez, who was arbitrarily detained together with various
members of the Community on November 24, 2004, died while being
deprived of his liberty, due to the fact that his health problems were not
properly treated;
iii.
on July 7, 2006, Duvier Daniel Villazón, an adolescent of 14 years and
member of the Kankuamo Indigenous Community, suffered a physical attack
by two police officers while staying with his family in Bogotá, having been
forcibly displaced to that city as a consequence of the armed conflict;
iv.
the increase of the State’s presence in the region has been
predominantly military in nature, to the detriment of the cultural and
territorial rights of the members of the Kankuamo indigenous community,
which in addition puts the community at risk by transforming civilian property
into potential military objectives for the guerrillas;
v.
a series of homicides of members of the ethnic group have been
attributed to the Armed Forces [Fuerza Pública]. These deaths have been
misleadingly presented to the public as “homicides in combat”, and
vi.
the position of “Corregidor”, or Police Inspector, persists, and thereby
ignores the authority exercised in each community by the Lower Councils
[Cabildos Menores].
b)
regarding the investigations concerning the events that motivated the
adoption of the present provisional measures and with an aim to identify those
responsible and, when appropriate, to impose the corresponding sanction, that
despite evidence that public forces had violated the right to life, those responsible
had not been identified, investigated, or punished as of August 24, 2006.
c)
regarding the obligation to guarantee security conditions necessary to respect
the freedom of movement of persons from the Kankuamo indigenous community and
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