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

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Indigenous Council of Cauca, or CRIC) on December 16, 2008. Vázquez was driving in
a CRIC-marked SUV near an indigenous reserve in Totoro (Cauca) when the soldiers
allegedly opened fire, which the police say was for his refusal to stop at a roadblock.
Legarda‘s passenger says she never saw a roadblock or stop sign. Quilcué, who
mobilized thousands of followers in late 2008 as part of the indigenous protests against
the GOC, has received multiple threats and believes the shots were meant for her.
(Prosecutor General‘s Office Case Number 7000/Inspector General‘s Office Case
Number 115-2710-08)
(23) Army Vice First Sergeant Alexis Ramirez Vivas
(24) Army Third Corporal Javier Adolfo Osorio Díaz
(25) Army Soldier Numar Armido Buitron Cabezas
(26) Army Soldier Lisandro Caicedo Obando
(27) Army Soldier Javier Francisco Belalcazar Trochez
(28) Army Soldier William Weimar Lemeche Hurtado
(29) Army Soldier Andrea Casso Chate
Following the shooting, NGOs called for those responsible to be brought to
justice, and for a determination as to whether this was an act of political revenge against
his wife. Prosecutor General Iguaran stressed the need for a transparent, impartial, and
rapid investigation, and the Prosecutor General‘s Office opened its case December 16,
2008, and the case was assigned to a prosecutor on January 14, 2009.
Then-Minister of Defense Santos acknowledged the Army‘s involvement in the
incident immediately, but claimed it was not premeditated. Rather, the soldiers did not
follow procedures for setting up road blocks, and used excessive force. According to
Vice Minister of Defense Jaramillo, the incident was a mistaken military ambush based
on bad intelligence intended to target arms traffickers. At a February 20, 2009, briefing
for the diplomatic community, the Ministry of Defense reported that the military was on
high alert for an SUV matching the description of Legarda‘s following the kidnapping of
a girl in the area. The GOC has publicly apologized and has since offered added security
to indigenous leaders. Santos asked the Prosecutor General‘s Office, the Inspector
General‘s Office and the UNHCHR to send a special commission to the area to conduct
the necessary criminal and disciplinary investigations. The commission found that there
had been no official posting of a roadblock by the soldiers.
Also during the certification period, NGOs allege that the following cases of
violence occurred against members of indigenous groups, allegedly by members of the
Armed Forces.
Homicide of Reynel Dagua: Reynel Dagua, a Paez indigenous leader in Cauca,
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