12 military operations, threats and intimidation on the part of civilian armed groups and African palm plantation businessmen. In this regard, they pointed out that 93% of the areas planted with oil palm are within the boundaries of the communal property of the beneficiaries; therefore, it is necessary for the State to conduct an investigation into the illegal planting of African palm and to adopt measures to deter its expansion, so as to create the conditions for the return of displaced persons. With respect to the investigations, the representatives pointed out that, according to the information provided by the State, all cases are at a preliminary stage, which means that there is no formal investigation, and that the fact that some investigations are in the military criminal justice system impairs the right to know the truth and the right to justice. They recognized the importance of humanitarian assistance and State protection; however, they stated that such measures may not be accompanied of the militarization of private property or humanitarian areas. Finally, they indicated that the communication system must be integrated with a prevention and follow-up system and that the State has failed to provide a comprehensive solution in relation to preventive security measures, such as the communication and monitoring system (supra Having Seen clauses No. 14, 17 and 20). 20. That the Commission informed the Court, inter alia, that “on October 15, 2005, members of paramilitary groups kidnapped and murdered Mr. Orlando Valencia, [who was one of the candidates to handle the legal representation of the Consejo Mayor (General Council) of Curbaradó] whose remains were not found until October 22, 2005.” It pointed out that it was important for the State to make a statement regarding the alleged murder of Mr. Orlando Valencia and the allegations concerning State agents’ involvement in his death, insofar as, given the circumstances surrounding the murder, which would have allegedly happened after he was questioned by the police of Belén de Bajirá in relation to his participation in the complaint regarding the illegal planting of oil palm, it is necessary to call attention to the State’s failure to comply with the obligation to protect the individuals who reported the illegal plantation of African palm. In this regard, the Commission pointed out again the connection between the planting of the palm in the communal property of the beneficiaries and the incidents of threats, harassment and violence against them. It also indicated that the State made no reference in its report to the presence of oversight bodies, such as the Colombian Public Prosecutor's Office, or to the appointment of a permanent Community Ombudsman in the area of the Communities or to the special protection that must be provided to the humanitarian refuge areas. In this regard, the Commission stated that, in October 2005, it received information of incursions made by members of the army accompanied by civilians in the humanitarian areas to steal cattle and destroy demarcations, and expressed concern over this situation given that these incidents were incompatible with the protection obligations of the State under the provisional measures. As regards the obligations of the State, the Commission indicated that the duty to provide means of satellite communication had not been fulfilled with the required efficiency in light of the conditions facing these Communities. Finally, it pointed out that the State must provide information on the measures adopted in order to transfer the case concerning the death of Mr. Pedro Murillo from the military criminal justice system to the regular criminal justice system as well as to find the whereabouts of Mr. Murillo’s body (supra Having Seen clause No. 18.) 21. That even after the adoption of these provisional measures, according to the information provided by the Commission and the representatives (supra Having Seen clauses No. 14, 17, 18 and 20), the members of the Communities continue to be the target of numerous threats and incidents of harassment, arbitrary detention, forced

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