Threats against land claimants, paramilitarism and illegal business operations
Curvaradó
MOnday 16th of September, 2013
New threats against land claimants of Pedeguita and Mansanilla, assassination plans against the life and integrity of JAMES RUÍZ, community leader of Curvaradó, continuation of illegal coca-, African palm-, ranching business operations, ruthless land occupants and profiteers of the paramilitarism.
Bogotá, D.C. 16th September, 2013
JUAN MANUEL SANTOS
Presidente de la República de Colombia
ANGELINO GARZÓN
Vicepresidente de la República de Colombia
AURELIO IRAGORRI VALENCIA
Ministro del Interior
MARÍA ANGELA HOLGUÍN
Ministra de Relaciones Exteriores
ALFONSO GÓMEZ MÉNDEZ
Ministro de Justicia
EDUARDO MONTEALEGRE
Fiscal General de la Nación
ALEJANDRO ORDÓÑEZ
Procurador General de la Nación
JORGE ARMANDO OTÁLORA
Defensor Nacional del Pueblo
SANDRA MORELLI RICO
Contralora General de la Nación
Ref:
“Deliver me from my persecutors, For they are too strong for me.” Psalm 142, 7
Our Historical Constancy and Ethic Censure before the continuity of paramilitary operations lead by ruthless land occupants and entrepreneurs, linked to the agribusiness in the collective territory of Curvaradó and Pedeguita and Mancilla; before the omissions and tolerance of the public forces towards the free circulation of members of paramilitary groups in the collective territories, before the assassination plans against the life and integrity of Curvaradó’s community leader, JAMES RUIZ.
Our Historical Constancy before the recent threats of which the leader MARIO CASTAÑO, MARLENY BENÍTEZ, FELIPE TRIANA, ARGEMIRO HERNÁNDEZ that are demanding their right for restitution of their collective properties, are affected.
Those territories which have been violently evicted rather by the paramilitaries or by the command of a high official of the public forces LUIS MOLANO, are matter of discussion and subject of interest for several farmer-associations that have been created by paramilitary forces such as ASOPROBEBA, Asociación de Productores de Belén de Bajirá.
Our historical Constancy before the interrogations executed by a highly positioned military member of the 17th brigade of the leaders GUILLERMO DÍAZ, ENRIQUE CABEZAS, LIRIA ROSA GARCÍA Y RAÚL PALACIOS that have called for more respect of their territorial rights in relation with the installation of a military base on land that had been robbed of the communities before. Furthermore there hasn’t been any sign of consultation of the affected inhabitants.
Before the implementations of strategies that prevent a process of restitution of land to the rightful owners of the collective territory from happening.
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Friday, 30th of August in the early morning in the community of Bijao Onofre, collective territory of Pedeguita and Mancilla, five men that do not belong to the community council occupied the properties of the family HERNÁNDEZ and those of other families, by opening new paths and defining the division of the properties.
ARGEMIRO HERNÁNDEZ, member of the community council, expressed his denial of this illegal land occupation which violates the law 70 of the black communities that was covered by a member of the board of the community council.
Sunday, 1st of September in the afternoon in the harbour of Brisas de Curvaradó military trucks were observed while transporting desks, stoves, mats and cabins.
Within the military stuff were 13 men, including a police officer that identified himself as captain before members of the community council of Caracolí.
According to the testimonies, the 13 men wore different arms and clothing to those of the military forces.
Tuesday September 3rd in the afternoon in the community of Bijao Onofre, collective territory of Pedeguita and Mansilla, CARLOS YARLEY PALACIOS, legal representative of the community council, was addressed by a man known as “EL CALVO” that is often accompanied by the sound of fire arms and ruthless land occupants and that is also responsible for the orders of the eviction of those families that had come back to their lands after 16 years of forced displacement.
Wednesday 4th of September at 6:00 in the morning the members of the community council, of Pedeguita and Mansilla, MARLENY BENÍTEZ y FELIPE TRIANA, along with 5 other persons returned to their lands in Santa María, a community located next the road that heads towards the municipality of Rio Sucio, after 16 years of forced displacement. The illegal occupants and profiteers of paramilitary dispossessions commanded them not to build any housings. The men argued that SOR TERESA GÓMEZ and the priest LEONIDAS GALLEGO had given them permission to overtake the land and that they are not willing to give it back. GÓMEZ is a family member of the Castaño Gil. and has been linked to several trials.
The lands recovered by the families BENÍTEZ and TRIANA are part of irregular sellings made by the land commissioner RENÉ PALACIOS and received by drug trader and paramilitary functionary HUGO FENEL BERNAL MOLANO, nephew of the ex-cornel LUIS FELIPE MOLANO. MOLANO instead, sold them to SOR TERESA GOMEZ a legal representative of an association created by paramilitaries to legalize the land dispossession. The name of this association is ASOPROBEBA.
Furthermore, ASOPROBEBA was one of the initiatives under social and territorial control of the brothers Castaño Gil, along with the project “Colombia sin Hambre” with the aim to hide his true and criminal identity, the drug trafficking, to show his “altruistic” portrait and to legalize the eviction of the land with the new-old inhabitants in the territory of the displaced.
According to the victims, the priest GALLEGO is linked to the diocese of Apartadó.
The same day at about 10:00 a.m., a man known as “Chucho”, ordered about 100 men to burn and cut down the poles with which the land claimants were rebuilding their houses and threaten them with machetes if they would proceed with the construction of their houses.
At 5:00 p.m. a representative of the mayor of the municipality of Río Sucio along with the legal representative of Pedeguita and Masilla, CARLOS YARLEY PALACIOS, arrived to inform the returnees that a Police inspector would be present in area the next day.
Although their right to reclaim their lands had not been recognized the family remained in the place over night.
MARLENY BENÍTEZ and FELIPE TRIANA are the first legal owners that decided to return to their land within the collective property, after 16 years of forced displacement.
The land property of 80 hectares in the collective territory has been used by crucial entrepreneurs that are linked to the business led by a man named CONTRERAS.
Tuesday, 3rd of September at 6:00 p.m. five of the illegal land occupants started to lumber the area within the property of AGREMIRO HERNÁNDEZ in the community of Bijao Onofre, Pedeguita and Mansilla.
Thursday, 5th of September at about 8:00 p.m. our Comisión de Justicia y Paz in Bogotá was informed about a frustrated attempt which should have been aimed to kill MARIO CASTAÑO, member of the community of Florida, territory of Pedeguita and Mansilla.
According to the received information MERIDO MARTÍNEZ and DARÍO CORREA known as “The monk” or “The cure” questioned MARIO CASTAÑO.
At 5:00 p.m. MARIO was molested by MARTÍNEZ and CORREA who manifested that the issue of his property should be discussed in a reunion that would be realized in the community of Aguas Vivas.
The same day, HÉCTOR PALACIOS, alias “Coyote” stated that MARIO CASTAÑO should be killed.
According to the testimony, DARÍO CORREA, The monk” or “The cure” tried to pressure the community council to recognize him as the rightful owner of MARIO’s land.
Thursday, 5th of September at 4:00 p.m. on the farm of Santa María the administrator JOSE CONTRERAS GONZALEZ, known “Vaquita Negra” or little black cow, stated that he had discussed the problem that BENÍTEZ and TRIANA were creating with the “company”-referring himself to the paramilitaries- and that he would get them out of there, in a good or a bad way.
In the same way, members of ASOPROBEBA participated in the actions to avoid the land claimants from remaining in the area that had been taken from them.
Friday 6th of September at 9:30 a.m. 20 minutes away from the Humanitarian Zone Caracolí, EDWIN REBOLLEDO ZEA who lives on this humanitarian territory, was attacked by three workers of the cattle ranch of the family ARGOTE. Within the attackers were “El Guajiro” and the administrator JOSÉ BUITRAGO who circled EDWIN, threatened him and manifested that “You have already lost the territory, we are going to get you out of there, so stop bothering and don’t talk because you already lost this!”
Friday, 6th of September, 4:00 p.m. in the village of Brisas de Curvaradó, a command of the Selva 54 battalion questioned the allegations made by GUILLERMO DÍAZ, ENRIQUE CABEZAS, LIRIA ROSA GARCÍA Y RAÚL PALACIOS, among others, for confronting the set-up of a military base on land contributed by the entrepreneur DARÍO MONTOYA, without consulting the community council of Llano Rico.
Sunday, 8th of September, 3:10 p.m. the families BENÍTEZ and TRIANA were intimidated and threatened once more.
A subject with a short weapon and a radio device interrogated them and later, informed his command through the radio that he was already at the location. The armed subject stated that he was ordered to get them out of the collective territory.
Tuesday, 10th of September, at 3:30 pm a man called FADER addressed the family BENÍTEZ and TRIANA, he identified himself as a member of ASOPROBEBA and ordered them to leave for good.
FADER told them if they won’t leave for good, that the massage that had been broad to them last Sunday- referring himself to the armed men-would be send again. So it would be for their own good if they leave, he said before retreating from their land.
Sunday, 15th of September, in the morning hours our Comisión de Justicia y Paz was informed about the continuous outcome and income of cocaine through military checkpoints in Andalucía and Paravarandó.
The ongoing illegal sowing of palms, bananas and yuca on collective territories continues without any measures implemented by the constitutional Court.
Monday, 16th September, 1:40 p.m. a reliable source warned JAMES RUIZ, that the paramilitaries, associated with the business area of Llano Rico, had made the decision to kill him if in eight days he had not left the region. The plan covered by the paramilitaries would also provide the manipulation of the car of the family which was equipped with measures of protection.
Our Ethic Censure before the psychological and armed pressure mechanisms which keep on developing against members of the community councils of Pedeguita and Masilla that have decided to return to the collective territories, claiming their rights for restitution of their robbed land. The threats against MARIO CASTAÑO, MARLENY BENÍTEZ, FELIPE TRIANA, ARGEMIRO HERNÁNDEZ reflect the absence of preventive measures, the continuity of the para-economy, the absence of effective measures to dismantle criminal structures that inhibit the legal land restitution.
Our Ethic Censure before the interrogations executed by a highly positioned military member of the 17th brigade of the leaders GUILLERMO DÍAZ, ENRIQUE CABEZAS, LIRIA ROSA GARCÍA Y RAÚL PALACIOS that have called for more respect of their territorial rights and the accomplishment of the Constitution and the law on the part of the regular forces. Interrogations that in the past were often used to legitimize paramilitary operations against community leaders.
Our Ethic Censure before the absence of efficient actions taken by the government in relation with protection measures that can avoid irreparable damages of the life and integrity of members of the community councils that oppose themselves to the criminal structures of an economic model which is linked to the agribusiness of the palm-, coca, banana and cattle sectors.
Our Ethic Censure before the absence of effective investigations with the aim of dismantling criminal structures associated with federal agents and businessmen that operate under the cover of the state and against the rights of the afro Colombian communities.
In conformity with article 23 of the National Constitution we demand answers to the following questions:
1. In relation to the threats against the members of the community councils of Pedeguita and Mansilla MARIO CASTAÑO, MARLENY BENÍTEZ, FELIPE TRIANA, ARGEMIRO HERNÁNDEZ on the part of profiteers of paramilitary operations, which material, administrative and investigation measures will be taken and when?
2. With regard to the interrogations of member of the community council of Curvaradó GUILLERMO DÍAZ, ENRIQUE CABEZAS, LIRIA ROSA GARCÍA Y RAÚL PALACIOS executed by military functionaries of the 17th brigade, which actions and measures will be implemented? Which entity and what time? With respect to the assassination plan of JAMES RUÍZ, which actions will be taken to prevent irreparable damages against his life and integrity?
3. Which measures will be implemented to assure the rights of the legal land claimants before the ruthless businessmen including LUIS FELIPE MOLANO ASOPOBEBA?
4. With respect to the absence of effective investigation measures that foresees the dismantling of criminal structures in which economic players are involved, which measures will be implemented? Which actions have been taken to proof the responsibilities of URAPALMA and the family ZÚÑIGA CABALLERO, ASOPROBEBA, SOR TERESA GÓMEZ, JORGE GONZÁLEZ, CLAUDIA ARGOTE, DARÍO MONTOYA and THE HIGH MILITARY AND POLICE FUNCTIONARIES SINCE 1996 UNITL 2006?
5. In relation with the investigations by the Controlaría General de la Nación that shows that almost 100 % of the sowings of palm in Curvaradó was financed by FINAGRO, how has the investigation proceeded?
6. Which measures will be taken to confront the sowing of coca, banana, yuca and the extension of cattle ranches in collective territories of the afrocolombian communities?
With deep concerns,
Comisión Intereclesial de Justicia y Paz