3
parts of the country cannot remain in their locations for prolonged periods of
time, thus requiring personnel to rotate;
g)
As to the third point, the ICJP asserted that the DAS has carried out
“set-up operations” and has coordinated the opening of judicial investigations
against its members with the goal of hindering its work. In this regard, there
currently are at least three open investigations against members of the ICJP
for the crimes of “violent protest,” “making false statements,” and “making
threats”;
h)
Regarding the fourth point, according to the ICJP, over the past
several years “a smear campaign” has been implemented, falsely alleging that
ICJP members are actually FARC members and accusing them of displacing
communities of African ancestry in the Bajo Atrato region in the hopes of
depriving them of their lands. This campaign has been propagated via mass
media outlets such as radio, television, and the Internet on both the national
and international level, and some of its spokesmen are or have been linked to
the Colombian government. In addition, the ICJP claimed that this campaign
intensified after December 18, 2009 when the Afro-Colombians Manuel Moya,
Graciano Blandón, and Blandón’s son were murdered in acts allegedly
attributable to FARC guerrilla warfare. The ICJP indicated that Danilo Rueda
and Abilio Peña, members of the ICJP, Father Javier Giraldo, S.J., Director of
the Jesuit-run Center for Research and Popular Education (“CINEP”) database,
and Iván Cepeda, spokesman of the National Victims of State Crimes
Movement, have all been publicly labeled as bearing “[some] responsibility for
[these] murder[s].” Also, on December 22, 2009, Senator Víctor Velásquez,
President of the Senate’s Human Rights Commission, declared that “the
murdered Afro-Colombian leaders ‘denounced the forcible displacement of
which their communities of the Atrato river basin were victims in 1997 at the
hands of the [...] F[ARC], seemingly in collusion with the NGO Justice and
Peace.’” Owing to this smear campaign, numerous groups of African ancestry
from areas not represented by the ICJP publicly accused ICJP members of
collaborating with the guerrillas in an effort to eradicate their communities;
i)
According to the facts alleged by the members of the ICJP, impunity
persists both in the investigations in which ICJP itself stands accused, as well
as those into the threats and harassment they have received. The ICJP
maintained that they continue to be subject to accusations on the part of top
State officials and that the State has not provided any answers regarding the
aforementioned smear campaign. Finally, the ICJP maintained that the
threats, harassment, accusations, and surveillance actions against them “are
contextualized” by the “setting in motion [of] judicial processes ‘aimed at
hiding the truth as to serious violations of human rights and the usurpation of
lands committed in the Bajo Atrato [region] […].’” Accordingly, they reasoned
that as these many processes go forward the risks of similar actions
materializing in the future are predictable; and,
j)
During the working session in which the current provisional measures
were requested, the State was opposed to them on the grounds that it had
managed to meet the beneficiaries’ demands and to protect them from harm.
In particular, the State “[m]aintained that they have provided strong personal
security protection schemes for some of [the] members [of the ICJP] and
general measures with respect to the organization’s main office,” and that all