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State acceded some territory of the Indian Reserves to the municipal districts, since when this
community has been involved in conflicts bearing on illegal occupation of land;
b)
There have been murders, massacres, forced disappearances of persons and
imprisonment of indigenous leaders connected with the dispute over the right to this territory, all
of which has been confirmed in a report issued by the Office of the Ombudsman. The petitioners
also informed the Commission that, in their view, paramilitary groups, acting under the umbrella
of owners of large tracts of land, stockbreeders and the forces of law and order, were responsible
for these grave human rights violations. According to the Commission, those paramilitary groups
apparently controlled most of the territory in the Reserve;
c)
In 1994 the Chief of the Reserve and three leaders were murdered, an act for which only
one person was sentenced;
d)
On June 4, 1996, a number of pamphlets appeared in the Reserve, demanding that the
indigenous leaders abandon the Reserve, threatening them with death if they failed to do so; and
e)
On March 3, 1998, the petitioners informed the Commission that alleged paramilitary
agents continued to frequent the Reserve. That same day, the Advocate for Indigenous and
Ethnic Affairs in the Office of the Ombudsman informed the Commission that the Zenú indigenous
community's situation had not been altered since the most recent acts of violence in late 1997.
3.
The individual acts of violence allegedly perpetrated against members of the
Zenú indigenous community, which are summarized below:
a)
On May 16, 1996 Mr. Manuel Beltrán, an indigenous leader of the Zenú community, was
murdered allegedly by paramilitary troops;
b)
on May 25, 1996 Mr. Alejandro Teherán, Secretary of the Upper Council of the San
Andrés de Sotavento Reserve, was murdered;
c)
on July 2, 1996 Mr. Saúl Baltazar, a member of the Zenú indigenous community and
delegate to the Indigenous National Organization of Colombia, was murdered;
d)
on October 31, 1997 Mr. Virgilio Cárdenas Feria, a member of the Zenú indigenous
community and delegate to the Indigenous National Organization of Colombia, was abducted
allegedly by a group of paramilitary agents traveling in two vehicles. To date, Mr. Cárdenas is
still disappeared;
e)
on November 1, 1997, Mr. Santiago Polo was abducted in the Department of Sucre;
f)
on that same day the home of Ms. Guillermina Mendoza was raided by seven alleged
paramilitary agents, who threatened her entire family and asked for Mr. Nilson Zurita, an elected
alderman, and for Ms. Bernavela Riondo-Pacheco, an indigenous leader. As they were not there,
the paramilitary members went to the home of Ms. Riondo-Pacheco, whom they took away and
forced into a gray pick-up truck. They later went to Mr. Zurita's home and, not finding him,
asSaúlted his wife and brother; they then "ran away", taking Ms. Riondo-Pacheco with them.
Shortly afterwards the bodies of Ms. Riondo-Pacheco and Mr. Santiago Polo were found on the
highway leading from San Andrés de Sotavento to Chinu in the Department of Córdoba;
g)
according to information supplied to a member of the Zenú indigenous community by an
alleged member of the paramilitary group, Mr. Nilson Zurita appears on a list of seventy persons
from that community earmarked for assassination by the paramilitary army. As a result, Mr.
Zurita was obliged to leave the community and is currently in Bogotá;
h)
on March 5, 1998, Mr. Domingo Santero was murdered at his home in the Department of
Sucre by eight men allegedly armed with weapons used exclusively by the military forces.
4.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter "the President" or "the President of the Court") of March 23, 1998, in
which he decided:
1.
To call upon the State of Colombia to adopt forthwith such measures as may be
necessary to protect the lives and physical, psychological and moral integrity of
Rosember Clemente-Teherán, Armando Mercado, Nilson Zurita-Mendoza or Nilson Zurita-