memorandum of justification concerning human ... - Just the Facts

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UNCLASSIFIED - 106 - (10) Army Soldier Fernando Hinestroza (11) Army Soldier Nelson Viloria Avendaño (12) Army Soldier Germán Manuel Martínez Gómez (13) Army Soldier Adelson Padilla Ramos E. On March 31, 2009, the Penal Court for the Circuit of Santuario (Antioquia), sentenced 3 soldiers from the Army‘s 4 th Artillery Battalion and 7 soldiers from the Army‘s 4 th Engineering Battalion to 25 years in prison for aggravated homicide for their roles in the deaths of Nelson Abad Ceballos and Yesica Marcela Quintero Giraldo, who were then presented as guerillas killed in combat in La Merced, Granada (Antioquia), on July 13, 2003. According to the Armed Forces, the two were involved in a clash with troops; however, the investigation revealed that they died outside of combat. (Prosecutor General‘s Office Case Number 3231) From the Army‘s 4 th Artillery Battalion: (14) Army Third Corporal Esneider Nieto Duarte (15) Army Professional Soldier Jhon Goez Escobar (16) Army Professional Soldier Jhon Bayro Zapata Escobar From the Army‘s 4 th Engineering Battalion: (17) Army Lieutenant Rafael Alberto Orduz Naranjo (18) Army Professional Soldier Carlos Adrian Mazo Marín (19) Army Professional Soldier Jairo Blandon Valencia (20) Army Professional Soldier Elkin Edison Orrego Palacio (21) Army Professional Soldier Carlos Edilson Osorio Cárdenas (22) Army Professional Soldier Fred Alexander Cañaveral Ramírez (23) Army Volunteer Soldier Manuel Santo Ibarguen Valderrama F. On March 31, 2009, the Penal Circuit Court of Santuario (Antioquia), sentenced eight soldiers from the Army‘s 10 th Infantry Battalion to 25 years in prison for aggravated homicide for their roles in the murders of Daniel Enrique Piedrahita, Jhon Edison Galeano, Jesús Alberto Londoño, and Juan Dario Arroyave on March 14, 2006, in Yaramal (Antioquia). (Prosecutor General‘s Office Case Number 3781) (24) Army Soldier Carlos Augusto Jaramillo Rojas (25) Army Third Corporal Yeison Fernando Jaime Martínez (26) Army Third Corporal Carlos Andrés Torrado Contreras (27) Army Soldier César Augusto Alvarez Díaz (28) Army Soldier Germán Dario Grajales Calderón (29) Army Lieutenant Luís Gabriel Rueda Acevedo (30) Army Soldier Wilfreso Eliecer Diaz Ciro (31) Army Soldier Oscar Darío Zea Ospina UNCLASSIFIED
UNCLASSIFIED - 107 - G. (31) Army Lieutentant Jorge Alexander Sánchez Castro was absolved of extortion and criminal conspiracy charges by the Specialized Court of Antioquia and the Tribunal in Antioquia, respectively. Likewise, the case against him for aggravated homicide and aggravated kidnapping was closed and the decision was confirmed by a prosecutor in Bogotá. (Date of actions and description of crime not available) (Prosecutor General‘s Office Case Number 122) H. (33) Army Lieutenant Carlos Andrés Lora Cabrales was sentenced for human rights-related crimes but is contesting the verdict. (Date of actions, court information, and description of crime not available) (Prosecutor General‘s Office Case Number 3139) I. The 2 nd Specialized Court in Bogotá sentenced (34) Army Sergeant Guillermo Lozano Guerrero on charges of extortive kidnapping, aggravated homicide, and criminal conspiracy. However, he has escaped custody and is currently a fugitive at large. (Date of sentencing, length of sentence and Description of case not available) (Prosecutor General‘s Office Case Number 672) In addition, during the previous certification period, the Colombian government reported that the Prosecutor General‘s Office concluded case proceedings against 19 members of the Armed Forces in six cases for violations of human rights and for collaborating with paramilitary groups. These cases were not included in the previous certification because information was not available on them at that time. A. On March 30. 2007, (1) Army Vice First Sergeant Juan Carlos Gamarra Polo was sentenced to 192 months in prison for human rights-related crimes (Court information and description of crime not available) (Prosecutor General‘s Office Case Number 341) B. On April 20, 2007, the Specialized Penal Circuit Court in Quibdó sentenced eight Army soldiers for human rights-related crimes (Length of sentence and description of crime not available) (Prosecutor General‘s Office Case Number 2280) (2) Army Soldier Jair Hurtado Cuesta (3) Army Soldier Yeiler Arce Ríos (4) Army Soldier Zamir Córdoba Rodríguez (5) Army Soldier Francisco Arturo Caicedo Mosquera (6) Army Soldier Jarison García Chaverra (7) Army Soldier Wilmar Antonio Córdoba Mena (8) Army Soldier Bayson David Díaz Gil (9) Army Soldier Octavio de Jesús Palacio Taborda UNCLASSIFIED
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UNCLASSIFIED MEMORANDUM OF JUSTIFIC
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- 3 - LEGISLATIVE CONTEXT AND SCOPE
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UNCLASSIFIED - 5 - homicides in Col
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UNCLASSIFIED - 7 - Overall, investi
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UNCLASSIFIED - 9 - and offered a re
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UNCLASSIFIED - 11 - Through the De
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UNCLASSIFIED - 13 - or turn him ove
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UNCLASSIFIED - 15 - retook the Pala
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conspiracy in the case. UNCLASSIFIE
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UNCLASSIFIED - 19 - ties to the mur
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UNCLASSIFIED - 21 - handling 112 ca
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UNCLASSIFIED - 23 - Army Inspector
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UNCLASSIFIED - 25 - for the Soacha
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UNCLASSIFIED - 27 - Armed Forces di
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UNCLASSIFIED - 29 - 13. Establish a
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UNCLASSIFIED - 31 - to extrajudicia
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UNCLASSIFIED - 33 - pertinent civil
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UNCLASSIFIED - 35 - Division Comman
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UNCLASSIFIED - 37 - demobilized AUC
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UNCLASSIFIED - 39 - assistant crimi
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UNCLASSIFIED - 41 - are under inves
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UNCLASSIFIED - 43 - 8) Carlos Iván
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UNCLASSIFIED - 45 - However, these
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UNCLASSIFIED - 47 - 9) José Vicent
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SECTION 7046(b)(1)(B)(iv) UNCLASSIF
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UNCLASSIFIED - 51 - of 196 in 2002
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UNCLASSIFIED - 53 - Displacement of
Page 55 and 56: UNCLASSIFIED - 55 - them if they do
Page 57 and 58: UNCLASSIFIED - 57 - Indigenous Coun
Page 59 and 60: UNCLASSIFIED - 59 - military operat
Page 61 and 62: UNCLASSIFIED - 61 - Mobility and Co
Page 63 and 64: UNCLASSIFIED - 63 - displacement. B
Page 65 and 66: UNCLASSIFIED - 65 - the group met 1
Page 67 and 68: UNCLASSIFIED - 67 - protection meas
Page 69 and 70: UNCLASSIFIED - 69 - Vigesima Septim
Page 71 and 72: UNCLASSIFIED - 71 - Under Decree 98
Page 73 and 74: UNCLASSIFIED - 73 - 2008, groups re
Page 75 and 76: UNCLASSIFIED - 75 - establish a com
Page 77 and 78: UNCLASSIFIED - 77 - populations, pa
Page 79 and 80: UNCLASSIFIED - 79 - document presen
Page 81 and 82: UNCLASSIFIED - 81 - and analyze any
Page 83 and 84: UNCLASSIFIED - 83 - agencies work t
Page 85 and 86: UNCLASSIFIED - 85 - Annex A: Arrest
Page 87 and 88: UNCLASSIFIED - 87 - (20) Army Secon
Page 89 and 90: UNCLASSIFIED - 89 - (57) Army Profe
Page 91 and 92: UNCLASSIFIED - 91 - Annex B: Indict
Page 93 and 94: UNCLASSIFIED - 93 - F. On April 24,
Page 101 and 102: UNCLASSIFIED - 101 - (33) Army Prof
Page 103 and 104: UNCLASSIFIED - 103 - S. Trial proce
Page 105: UNCLASSIFIED - 105 - Annex D: Resol
Page 109 and 110: UNCLASSIFIED - 109 - Annex E: Proce
Page 111 and 112: UNCLASSIFIED - 111 - G. On October
Page 113 and 114: UNCLASSIFIED - 113 - (53) Army Prof
Page 115 and 116: UNCLASSIFIED - 115 - (92) Army Sold
Page 117 and 118: UNCLASSIFIED - 117 - C. The Inspect
Page 119 and 120: UNCLASSIFIED - 119 - (54) Army Sold
Page 121 and 122: UNCLASSIFIED - 121 - M. The Inspect
Page 123 and 124: UNCLASSIFIED - 123 - (134) Army Thi
Page 125 and 126: UNCLASSIFIED - 125 - D. On October
Page 127 and 128: UNCLASSIFIED - 127 - Unknown/Inspec
Page 129 and 130: UNCLASSIFIED - 129 - R. On May 4, 2
Page 131 and 132: UNCLASSIFIED - 131 - investigation.
Page 133 and 134: UNCLASSIFIED - 133 - Application of
Page 135 and 136: UNCLASSIFIED - 135 - Immediate Insp
Page 137 and 138: UNCLASSIFIED - 137 - complaint syst
Page 139 and 140: UNCLASSIFIED - 139 - as number 20 i
Page 141 and 142: UNCLASSIFIED - 141 - 45. Army Secon
Page 143 and 144: UNCLASSIFIED - 143 - April 24, 2009
Page 145 and 146: UNCLASSIFIED - 145 - Investigations
Page 147 and 148: UNCLASSIFIED - 147 - a practicing g
Page 149 and 150: UNCLASSIFIED - 149 - Annex K: Milit
Page 151 and 152: UNCLASSIFIED - 151 - 21. Directive
Page 153 and 154: UNCLASSIFIED - 153 - 41. Circular N
Page 155 and 156: UNCLASSIFIED - 155 - 7. Workshop he
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G:\SEARAAND\Colombia 2009\HR Certif
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