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

More documents

Recommendations

Info

UNCLASSIFIED - 54 - October 14, 2008, the case was assigned the case to the Office‘s Human Rights Unit. Homicide of Luis Olmedo Guejia Trochez: On August 24, 2008, Luis Olmedo Guejia Trochez, from the Resguardo Munchique los Tigres (Cauca), was killed by unknown men. Displacement of Indigenous and Afro-Colombians in Cauca: On August 22, 2008, UNHCR reported that 800 people were forced to flee the town of Lopez de Micay (Cauca) due to fighting by illegal armed groups. The majority of the IDPs were indigenous and Afro-Colombians, and more than half were children. Threats to Radio “Nuestra Voz Stereo” and Indigenous Leaders: On August 14 and 15, 2008, NGOs report that ―paramilitaries‖ threatened a communications worker from radio ―Nuestra Voz Stereo,‖ Alfredo Campo from Morales (Cauca), the principal indigenous leader in the community, Rolando Tálaga, and a second leader Jorge Ordoñez, placing their lives in serious danger. Threats to Indigenous Groups: NGOs report that on August 11, 2008, the National Association of Indigenous Cabildos (ACIN), the Regional Council of the Indigenous of Cauca (CRIC), the Nasa peoples and others receive electronic death threats from an organization identifying itself as ―Campesinos Embejucaos del Cauca.‖ The threat reportedly referred to indigenous persons as excrement. Homicide of Elder Governor Hugo González: On July 25, 2008, Hugo González, elder governor of the indigenous Embera Chami Reserve of Mistrato, was murdered after he was removed from a public bus by three armed, hooded men while passing through Playa Bonita (Risaralda) at approximately 7:30 pm. NGOs allege he was killed by an illegal armed group, citing that prior to his death he had publicly alerted the authorities that he had received a pamphlet containing a death threat. The Prosecutor General‘s Office has indicted another member of the Embera Chamí community, Arcenio Álvarez Morales, for his role in the murder. On October 23, 2008, the case was assigned to the Office‘s Human Rights Unit. Preparatory hearings were held on June 9, 2009. Abuse of the Naya – Caught in the Middle: NGOs report that at a July 22, 2008, meeting to discuss the collective land titling issues related to the indigenous communities of Naya (Valle del Cauca), residents of this community call attention to the fact that their youth are caught between the armed groups who mistreat and abuse them. The guerillas force persons to transport them on their boats and to carry packages for them, and forcibly recruited youth to their ranks. The community claimed that the Colombian armed forces also mistreat the youth and accuse them of being guerillas and threaten UNCLASSIFIED
UNCLASSIFIED - 55 - them if they do not give information on the whereabouts of the guerillas or join the military. Threats to ONIC: ONIC reports that, between 2006 and 2008, it has received ten death threats, signed by new criminal groups, in which they refer to indigenous leaders as guerrilla members and which, the organization claims, have occasionally drawn references from speeches by President Uribe and other government officials. Violence by Members of the Armed Forces During the certification period, the Colombian government reported actions in the following cases of violence against members of indigenous groups, allegedly by members of the Armed Forces. Threatening and Torture of Jhon Oswaldo Moreno Alzate and Oliverio Prada: On July 31, 2008, the Inspector‘s General Office brought disciplinary charges against five members of the Army for allegedly entering the Totarco indigenous community (Tolima) and allegedly threatening and torturing two of its members: Jhon Oswaldo Moreno Alzate and Oliverio Prada. The Prosecutor General‘s Office has also opened an investigation. (Date of incident was not available.) (Prosecutor General‘s Office Cases Number Unknown/Inspector General‘s Office Case Number 008-112559- 2004) (1) Army Second Lieutenant Ramon Canaveral Cañon (2) Army Captain Danilo Arboleda Martínez (3) Army Lieutenant Diego Fajardo Pineda (4) Army Second Lieutenant Hugo Victor Peña Jimenza (5) Army Captain Manuel Enrique Pinzon Garzón Status: In docket of exculpatory evidence. Homicide of Guajibo Antonio Chanique Sarmiento: On November 6, 2008, the Inspector General‘s Office closed its case against two Army soldiers (charges originally brought August 10, 2007; decisions listed below) for their alleged involvement in the murder of Guajibo Antonio Chanique Sarmiento, a member of the indigenous community of Cusay la Colorada in Municipality of Fortul (Arauca) on January 6, 2005. The Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 155-122923- 2005) (6) Army Second Sergeant Fruccen Kennedy Casas Antonio Status: Suspended from service for two month (7) Army Soldier (retired) Luía Aurerlio Parada Luna Status: Removed from duty and barred from public service for 10 years; UNCLASSIFIED
Page 1 and 2:
UNCLASSIFIED MEMORANDUM OF JUSTIFIC
Page 3 and 4: - 3 - LEGISLATIVE CONTEXT AND SCOPE
Page 5 and 6: UNCLASSIFIED - 5 - homicides in Col
Page 7 and 8: UNCLASSIFIED - 7 - Overall, investi
Page 9 and 10: UNCLASSIFIED - 9 - and offered a re
Page 11 and 12: UNCLASSIFIED - 11 - Through the De
Page 13 and 14: UNCLASSIFIED - 13 - or turn him ove
Page 15 and 16: UNCLASSIFIED - 15 - retook the Pala
Page 17 and 18: conspiracy in the case. UNCLASSIFIE
Page 19 and 20: UNCLASSIFIED - 19 - ties to the mur
Page 21 and 22: UNCLASSIFIED - 21 - handling 112 ca
Page 23 and 24: UNCLASSIFIED - 23 - Army Inspector
Page 25 and 26: UNCLASSIFIED - 25 - for the Soacha
Page 27 and 28: UNCLASSIFIED - 27 - Armed Forces di
Page 29 and 30: UNCLASSIFIED - 29 - 13. Establish a
Page 31 and 32: UNCLASSIFIED - 31 - to extrajudicia
Page 33 and 34: UNCLASSIFIED - 33 - pertinent civil
Page 35 and 36: UNCLASSIFIED - 35 - Division Comman
Page 37 and 38: UNCLASSIFIED - 37 - demobilized AUC
Page 39 and 40: UNCLASSIFIED - 39 - assistant crimi
Page 41 and 42: UNCLASSIFIED - 41 - are under inves
Page 43 and 44: UNCLASSIFIED - 43 - 8) Carlos Iván
Page 45 and 46: UNCLASSIFIED - 45 - However, these
Page 47 and 48: UNCLASSIFIED - 47 - 9) José Vicent
Page 49 and 50: SECTION 7046(b)(1)(B)(iv) UNCLASSIF
Page 51 and 52: UNCLASSIFIED - 51 - of 196 in 2002
Page 53: UNCLASSIFIED - 53 - Displacement of
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 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 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
Page 157:
G:\SEARAAND\Colombia 2009\HR Certif
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?