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

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UNCLASSIFIED - 148 - alleged role in the January 21, 2003, murder of a Cali Municipal Corporation Workers Union (Sintraemcali) activist, Freddy Perilla Montoya. The former local politician was apprehended in Caloto (Cauca) and has been mentioned in the testimonies (versiones libres) of several former paramilitaries with regard to his alleged ties to the ―Calima‖ bloc. 16) José Francisco Zúñiga Riascos: The former Mayor of Santa Marta was sentenced on April 2, 2009, by the Specialized Circuit Penal Court in Bogotá to four years and two months in prison as a co-conspirator to aggravated crime and hindering voters. In anticipation of his sentence, Zúñiga Riascos has admitted to a prosecutor from the National Anti-Terrorism Unit of having received support from Hernán Giraldo Serna, head of the ―Resistencia Tayrona‖ front of the AUC, in his attempt to become the Mayor of Santa Marta from 2004-2007. According to the investigation by the Prosecutor General‘s office, the heads of the illegal armed group pressured the citizens, inhabiting the neighborhoods and districts in the foothills of the Sierra Nevada of Santa Marta and areas next to the ―Troncal del Caribe‖ highway, into voting for Zúñiga Riascos in the October 2003 elections. Zúñiga Riascos will be held under house arrest for health reasons. He was also sentenced to a fine of $1,333 in monthly salaries and has been stripped of his rights to hold public service during the period of his sentence. 17) José Ignacio Mercado Colón: The former Mayor of Concordia (Magdalena) surrendered to the Technical Investigations Unit (CTI) on May 22, 2009, in Santa Marta. He is being investigated for his alleged links to paramilitary groups. According to the facts, he participated in was known as the ―Chivolo Pact,‖ signed in March 2002 among political leaders and the former head of the ―Norte‖ bloc Rodrigo Toval Pupo, alias ―Jorge 40.‖ The former Mayor, who held office between 2005 and 2007, is imprisoned in the Judicial Prison in Santa Marta. He was secured by a prosecutor from the National Anti-Terrorism Unit for his alleged role in the conspiracy to commit crime and embezzlement for the unlawful appropriation and concluding of contracts. UNCLASSIFIED
UNCLASSIFIED - 149 - Annex K: Military Orders and Training on Human Rights Between June 16, 2008, and May 31, 2009, 60 the Ministry of Defense issued 48 orders aimed at reducing the incidence of human rights abuses amongst its ranks. 1. Circular Number 0783 – Issued by the Commander of the Navy on October 24, 2008 –Regarding procedures for complaints about human rights violations. 2. Directive Number 25 – Issued by the Minister of Defense on November 14, 2008: Established a system to collect citizen complaints nation-wide in order to facilitate transparency, credibility, and increase public trust in the Armed Forces. 3. Circular Number 0809 – Issued by the Commander of the Navy on November 19, 2008: Regarding evaluations for instructors on human rights and international humanitarian law. 4. Permanent Directive Number 208 – Issued by the Commander of the Armed Forces on November 20, 2008: Strengthened policies pertaining to respect and protection of human rights and implementation of international humanitarian law in accordance with the regulations set forth by the Minister of Defense. 5. Circular Number 0857 – Issued by the Commander of the National Navy on December 4, 2008: Regarding investigations involving minors. 6. Permanent Directive Number 222 – Issued by the Commander of the Armed Forces on December 10, 2008: Implemented a system to submit complaints of alleged human rights violations and infractions of international humanitarian law. 7. Circular Number 0883 – Issued by the Commander of the Navy on December 13, 2008 – Joint declaration of the collaboration between the USAID and the Ministry of Defense. 8. Circular Number 2339 – Issued by the Commander of the Navy on December 13, 2008: Reiteration of homicide prevention. 9. Circular Number 619006 – Issued by the Commander of the Army on January 2, 2009: Facilitated the transparent and efficient disciplinary action for human rights violations after petitions, complaints, and alleged violations are filed and investigated. 60 Time frame available as of July 31, 2009. 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
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UNCLASSIFIED - 55 - them if they do
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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
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UNCLASSIFIED - 79 - document presen
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UNCLASSIFIED - 81 - and analyze any
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UNCLASSIFIED - 83 - agencies work t
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UNCLASSIFIED - 85 - Annex A: Arrest
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UNCLASSIFIED - 87 - (20) Army Secon
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UNCLASSIFIED - 89 - (57) Army Profe
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UNCLASSIFIED - 91 - Annex B: Indict
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UNCLASSIFIED - 93 - F. On April 24,
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UNCLASSIFIED - 95 - (47) Army Profe
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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
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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
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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: UNCLASSIFIED - 147 - a practicing g
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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