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

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UNCLASSIFIED - 90 - (78) Army First Corporal Yilver Alfonso Ovalle Pineda (79) Army Professional Soldier Lorenzo Aguas Robles (80) Army Professional Soldier Alexander Suarez Rozo (81) Army Professional Soldier Tomas Contreras Duarte (82) Army Professional Soldier Inocencio Abelino Gil Gonzales (83) Army Professional Soldier Elibardo Portillo Zambrano (84) Army Professional Soldier Ever Jaime Garzon (85) Army Professional Soldier Medardo Rios Diaz (86) Army Professional Soldier Obdulio Medina Jouro K. (87) Army Lieutenant Carlos Andrés Lora Cabrales was detained for his alleged involvement in human rights-related crimes. He remains detained at the South Cantón of the Army‘s Artillery School in Bogotá. (Date of detention not available; nor the date and location of the crime) (Prosecutor General‘s Office Case Number 3139). UNCLASSIFIED
UNCLASSIFIED - 91 - Annex B: Indictments by the Prosecutor General’s Office Between June 16, 2008, and June 15, 2009, 52 the Colombian government reported that the Prosecutor General‘s Office indicted 102 military personnel (resoluciones de acusación), who were involved in 11 cases of alleged human rights violations, and initiated trial proceedings against them in civilian courts (the count of the list below varies from the total number of individuals detained as some individuals are listed under multiple cases): A. On December 26, 2008, the Prosecutor General‘s Office indicted (1) Army General (retired) Rito Alejo del Rio as the material author for the aggravated homicide of Marino Lopez Mena. On February 24, 1997, the ―Elmer Cardenas‖ paramilitary bloc entered the town of Bijao, municipality of Riosucio (Chocó) and frightened and bombarded the residents in what came to be known as ―Operation Genesis.‖ During the operation, Marino Lopez Mena, was allegedly beheaded and his head was allegedly used as a soccer ball by paramilitary members. B. On October 31, 2008, the Prosecutor General‘s Office indicted two Army soldiers on charges of criminal conspiracy, terrorism, and aggravated homicide. The case is with the 1 st Penal Specialized Circuit Court in Antioquia, and a hearing was scheduled for June 4, 2009. (Description of case not available) (Prosecutor General‘s Office Case Number 525) (1) Army Soldier Everado Bolaños Galino (2) Army Soldier Germán Antonio Alzate Cardona C. On January 26, 2009, the Prosecutor General‘s Office formally charged ten soldiers from the Army‘s 47 th Infantry Battalion (―General Francisco de Paula Vélez‖) assigned to the 17 th Brigade with homicide of a protected person, barbaric acts, and aggravated criminal conspiracy for their alleged participation in the February 20-21, 2005 massacre of eight people at San José de Apartadó (Antioquia). (Prosecutor General‘s Office Case Number 2138) (3) Army Lieutenant Colonel Orlando Espinosa Beltran (4) Army Major José Fernando Castaño López (5) Army Lieutenant Alejandro Jaramillo Giraldo (6) Army Second Sergeant Ángel María Padilla Petro (7) Army First Corporal Sabarain Cruz Reina (8) Army Sergeant Jorge Humberto Milanes Vega (9) Army Second Sergeant Henry Agudelo Guasmayan Ortega (10) Army Third Corporal Ricardo Bastidas Candia 52 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
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
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: UNCLASSIFIED - 89 - (57) Army Profe
Page 93 and 94: UNCLASSIFIED - 93 - F. On April 24,
Page 95 and 96: UNCLASSIFIED - 95 - (47) Army Profe
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
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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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