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

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UNCLASSIFIED - 130 - public service for 10 years for threatening and sexually abusing Corado Gómez and Ana Ciro Cardenas in San Francisco (Antioquia) on August 1, 2004. The Prosecutor General‘s Office has also opened an investigation. (Date case resolved unknown) (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 043-1766-2004) W. The Inspector General‘s Office removed (68) Army Soldier Elver Enrique Orozco Zabaleta (charges originally brought December 18, 2007; no date given for removal) from duty and barred him from public service for five years for sexually abusing a 14year-old minor in Puerto Rondón (Arauca) on March 1, 2003. The Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 065-1703-2003) X. The Inspector General‘s Office closed its case against (69) Army Second Lieutenant Alex Alfonso Bernal Correa (charges originally brought) and absolved him of responsibility in the alleged torture, deprivation of freedom, and domestic violence on July 7, 2003, in Sabanalarga (Casanare). The Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 008-19242-2003) Y. The Inspector General‘s Office closed the case against (70) Army Lieutenant Rafael Fernando Cristancho Prada (charges originally brought April 30, 2007) for his alleged responsibility in depriving Luís Yogni Millan Montoya of freedom in Tame (Arauca) on March 21, 2002. The Prosecutor General‘s Office has not opened an investigation. (Date of case closure unknown) (Inspector General‘s Office Case Number) In addition, during the previous certification period, the Inspector General‘s Office concluded case proceedings against eight members of the Armed Forces in four cases for violations of human rights and for collaborating with paramilitary groups. In concluding these cases, the Inspector General‘s Office removed three from duty and barred them from public service for a period of time, and five were absolved of charges. These cases were not included in the previous certification because information was not available on them at that time. A. On March 12, 2007, the same day charges were brought, the Inspector General‘s Office archived the case against (1) Army Professional Soldier César Nixon Herrera Loaiza from the Army‘s Manosalva Florez Battalion for his alleged responsibility in the death of Leonardo Martínez Renteria on April 7, 2002, in Canchido Lloró (Chocó). The Prosecutor General‘s Office has also opened an UNCLASSIFIED
UNCLASSIFIED - 131 - investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 156-72414-2002) B. On May 30, 2007, the Inspector General‘s Office closed its case against three Army soldiers (charges originally brought October 30, 3007) due to a lack of disciplinary responsibility for their alleged role in homicides and displacements in Badillo-Patillal on August 30, 2003. The Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 155-108529-2004) (2) Army Soldier Juan Carlos Sepúlveda Soto (3) Army Soldier Hugo Alberto Martínez Delgado (4) Army Soldier Joyber Yecith Alquerque Avila C. On August 9, 2007, the Inspector General‘s Office archived its case (due to lack of disciplinary responsibility) against two Army soldiers (charges originally brought December 10, 2007) for not stopping a raid by a paramilitary group that caused the death of two people on December 1, 2003, in Llorente (Nariño). The Prosecutor General‘s Office did not open an investigation. (Inspector General‘s Office Case Number 009-116126-205) (5) Army First Corporal Edwin Rodrigo Soto Barrios (6) Army Lieutenant Colonel José David Vargas Escobar D. On February 18, 2008, the Inspector General‘s Office concluded proceedings against two soldiers (charges originally brought March 26, 2007) from the Army‘s 28 th Air Transport Infantry Battalion for allegedly collaborating with illegally armed groups to commit human rights violations in Viotá (Cundinamarca) on June 26, 2003. The Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case Number 1765/Inspector General‘s Office Case Number 155-86192-2003) (7) Army First Corporal Eduardo Enrique Marques Martinez (absolved of charges) (8) Army Captain Edgar Mauricio Arbeláez Sanchez (removed from duty and barred from public service for 20 years) 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
Page 35 and 36:
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
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UNCLASSIFIED - 55 - them if they do
Page 57 and 58:
UNCLASSIFIED - 57 - Indigenous Coun
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UNCLASSIFIED - 59 - military operat
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UNCLASSIFIED - 61 - Mobility and Co
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UNCLASSIFIED - 63 - displacement. B
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UNCLASSIFIED - 65 - the group met 1
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UNCLASSIFIED - 67 - protection meas
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UNCLASSIFIED - 69 - Vigesima Septim
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UNCLASSIFIED - 71 - Under Decree 98
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UNCLASSIFIED - 73 - 2008, groups re
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UNCLASSIFIED - 75 - establish a com
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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 and 106: UNCLASSIFIED - 105 - Annex D: Resol
Page 107 and 108: UNCLASSIFIED - 107 - G. (31) Army L
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: UNCLASSIFIED - 129 - R. On May 4, 2
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
Page 157: G:\SEARAAND\Colombia 2009\HR Certif
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