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

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UNCLASSIFIED - 84 - Building Infrastructure, Connecting Isolated Communities As part of a pilot project, the Army‘s 17 th Brigade is working with municipal authorities in Uraba to construct roads that will increase residents‘ access to markets and public services. The Army provides the machinery and operators (soldiers trained in road-building); local communities provide the necessary fuel and pledge to maintain the roads. Such pilot projects are connecting Carepa and Antioquia with Aguas Blancas; Cordoba with Acandi; and Chocó with Titumate. Mayors from around Uraba met with the new 17 th Brigade Commander Hernán Giraldo on June 17, 2009, to discuss how their communities could benefit from the program. UNCLASSIFIED
UNCLASSIFIED - 85 - Annex A: Arrests/Detentions by the Prosecutor General’s Office Between June 16, 2008 to June 15, 2009, 51 the Colombian government reported that the Prosecutor General‘s Office detained 138 individuals in cases where military personnel allegedly committed gross human rights violations or collaborated with paramilitary groups. Below is a list of 80 of the individuals involved in 11 such cases (the Colombian government did not release the list of the 138 detained so this list is incomplete as a consequence; the count of the list below varies from the total number of individuals detained as some individuals are listed under multiple cases): A. On August 19, 2008, (1) Army Colonel Víctor Hugo Matamoros Rodríguez was detained for his alleged involvement in the August 21, 1999, massacre of 26 people in La Gabarra (Norte de Santander). (Prosecutor General‘s Office Case Number Unknown) B. On August 29, 2008, four members of the 10 members of the Army‘s 33 rd Counterguerrilla Battalion assigned to the 17 th Brigade were preventatively detained for their alleged role in the January 18, 1989, La Rochela massacre, in which12 investigators were killed in Simacota (Santander) where they were sent to investigate the massacre of 19 merchants who had died in October 1987 at the hands of the ―Los Masetos‖ paramilitary forces of Magdalena Medio. (Prosecutor General‘s Case Number Unknown) (1) Army Lieutenant Colonel Orlando Espinosa Beltrán (2) Army Major José Fernando Castaño López (3) Army Sub-lieutenant Edgar Garcia Estupiñan (4) Army Second Sergeant Darío José Branco Agamez C. On April 28, 2009, seven members of the Army‘s José Hilario López Battalion were arrested for their role in the death of José Edwin Legarda Vasquez, husband of Aida Quilcué (leader of the Regional 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, Liliana Valdes Penna, says she never saw a roadblock or stop sign. Quilcué, who mobilized thousands of followers this past fall as part of the Indigenous protests against the GOC, has received multiple threats and believes the shots were meant for her. The Prosecutor General‘s Office opened its case December 16, 2008, and the case was assigned to a prosecutor on January 14, 2009. (Prosecutor General‘s Office Case Number 7000/Inspector General‘s Office Case Number 115-2710-08) 51 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
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 and 54: 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
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Page 81 and 82: UNCLASSIFIED - 81 - and analyze any
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Page 87 and 88: UNCLASSIFIED - 87 - (20) Army Secon
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Page 91 and 92: UNCLASSIFIED - 91 - Annex B: Indict
Page 93 and 94: UNCLASSIFIED - 93 - F. On April 24,
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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 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
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UNCLASSIFIED - 135 - Immediate Insp
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UNCLASSIFIED - 137 - complaint syst
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UNCLASSIFIED - 139 - as number 20 i
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UNCLASSIFIED - 141 - 45. Army Secon
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UNCLASSIFIED - 143 - April 24, 2009
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UNCLASSIFIED - 145 - Investigations
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UNCLASSIFIED - 147 - a practicing g
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UNCLASSIFIED - 149 - Annex K: Milit
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UNCLASSIFIED - 151 - 21. Directive
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UNCLASSIFIED - 153 - 41. Circular N
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UNCLASSIFIED - 155 - 7. Workshop he
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G:\SEARAAND\Colombia 2009\HR Certif
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