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

UNCLASSIFIED 

MEMORANDUM OF JUSTIFICATION 

CONCERNING HUMAN RIGHTS CONDITIONS WITH RESPECT TO 

ASSISTANCE FOR THE COLOMBIAN ARMED FORCES 

Table of Contents 

LEGISLATIVE CONTEXT AND SCOPE OF REPORT ........................................... 3 

EXECUTIVE OVERVIEW ............................................................................................ 3 

The Security Situation in Colombia ........................................................................................................ 4 

Extrajudicial Killings .............................................................................................................................. 6 

Defense Reform ...................................................................................................................................... 7 

Paramilitary Demobilization and Reintegration ..................................................................................... 7 

Combating New Illegal Groups .............................................................................................................. 8 

DAS Scandal ........................................................................................................................................... 8 

Prosecuting Crimes Against Labor Union Members .............................................................................. 9 

UN Universal Periodic Review on Human Rights ............................................................................... 10 

USG Consultation with NGOs .............................................................................................................. 10 

U.S. Support for Improvements in Human Rights ................................................................................ 10 

SECTION 7046(b)(1)(B)(i) ............................................................................................ 12 

Investigating and Prosecuting Human Rights Violations ..................................................................... 12 

Status of Selected Human Rights Cases/Issues .................................................................................... 14 

Investigations by Prosecutor General‘s Office into Alleged Extrajudicial Killings ............................. 20 

UN Special Rapporteur‘s Findings ....................................................................................................... 21 

Status of Selected Extrajudicial Killing Cases/Issues ........................................................................... 22 

Investigations into and Cooperation on Soacha Murders ..................................................................... 24 

Cooperation from Ministry of Defense on Extrajudicial Killings ........................................................ 27 

Orders and Training on Human Rights ................................................................................................. 31 

Military Cooperation with Judicial Authorities .................................................................................... 31 

SECTION 7046(b)(1)(B)(ii) ........................................................................................... 34 

Orders on Severing Links with and Combating Illegal Groups ............................................................ 34 

Combating Illegal Armed Groups ......................................................................................................... 35 

SECTION 7046(b)(1)(B)(iii) .......................................................................................... 36 

Capture and Detention of Paramilitary Leaders.................................................................................... 36 

Efforts to Protect Victims ..................................................................................................................... 38 

Dismantling Paramilitary Leadership and Financial Networks ............................................................ 38 

Seizure of Paramilitary Assets and Reparations to Victims ................................................................. 41 

UNCLASSIFIED

UNCLASSIFIED 

- 2 - 

Combating Emerging Criminal Groups ................................................................................................ 44 

SECTION 7046(b)(1)(B)(iv) .......................................................................................... 49 

Security Situation for Indigenous Groups............................................................................................. 50 

UN Special Rapporteur Report ............................................................................................................. 51 

Violence Against Members of Indigenous Groups ............................................................................... 52 

Relations Between the Armed Forces and Indigenous Communities ................................................... 58 

Government Outreach to Indigenous Groups ....................................................................................... 62 

Protecting the Nukak Makú .................................................................................................................. 64 

Protecting the Awá ................................................................................................................................ 66 

Training for the Armed Forces on Rights of Indigenous Persons ........................................................ 68 

Protests and the Return of Land to Indigenous Groups ........................................................................ 70 

Security Situation for Afro-Colombian Communities .......................................................................... 73 

Afro-Colombian Land Disputes ............................................................................................................ 73 

Violence Against Afro-Colombians ..................................................................................................... 75 

Relations with and Outreach to Afro-Colombian Communities........................................................... 76 

Training on Rights of Afro-Colombians ............................................................................................... 79 

Distinguishing Between Civilians and Armed Actors .......................................................................... 80 

SECTION 7046(b)(2) ..................................................................................................... 82 

CCAI and La Macarena: Proof of Concept.......................................................................................... 82 

National Consolidation Plan ................................................................................................................. 83 

National Coordination Plan................................................................................................................... 83 

Building Infrastructure, Connecting Isolated Communities ................................................................. 84 

Annex A: Arrests/Detentions by the Prosecutor General’s Office ........................... 85 

Annex B: Indictments by the Prosecutor General’s Office....................................... 91 

Annex C: Continuation of Proceedings by the Prosecutor General’s Office .......... 98 

Annex D: Resolution of Cases by the Prosecutor General’s Office ....................... 105 

Annex E: Proceedings by the Inspector General’s Office ....................................... 109 

Annex F: Continuation of Proceedings by Inspector General’s Office ................. 116 

Annex G: Resolution of Cases by Inspector General’s Office ................................ 124 

Annex H: Progress on 15 Measures to Improve the Human Rights Performance of 

Colombian Armed Forces ............................................................................................ 132 

Annex I: Status of Soacha Murder Cases ................................................................. 138 

Annex J: Government Officials Involved in Para-Political Scandal ...................... 144 

Annex K: Military Orders and Training on Human Rights ................................... 149 

UNCLASSIFIED

- 3 - 

LEGISLATIVE CONTEXT AND SCOPE OF REPORT 

Section 7046(b) of the Department of State, Foreign Operations, and Related 

Programs Appropriations Act, 2009 (Div. H, P.L.111-6) (―FY 2009 SFOAA‖) establishes 

conditions under which assistance using funds appropriated under the FY 2009 SFOAA 

may be made available for the Colombian Armed Forces. In particular, Section 7046 

(b)(1)(A) allows that up to 70 percent of funds may be obligated prior to a determination 

and certification by the Secretary of State pursuant to paragraph (b)(1)(B). Paragraph 

(b)(1)(B) provides that up to 15 percent of such funds may be obligated after the 

Secretary of State makes a certification with respect to certain conditions related to 

human rights and paramilitary groups. The balance of funds appropriated under the FY 

2009 SFOAA may be obligated after July 31, 2009, if the Secretary of State certifies 

before such funds are obligated that the conditions described in paragraph (b)(1)(B) are 

met and additionally, as laid out in paragraph (b)(2), certifies that the Colombian 

government is conducting vigorous operations to strengthen civilian institutions and 

respect for internationally recognized human rights in areas under the influence of 

paramilitary organizations or successor armed groups and guerrilla organizations. 

This memorandum provides the justification for the Secretary of State‘s 

determination that the criteria stated in Sections 7046(b)(1) and (2) of the FY 2009 

FOAA have been met and meets the attendant reporting requirements in those sections. 

It contains information available as of July 31, 2009. 

EXECUTIVE OVERVIEW 

Colombia remains a country in transition. While the security situation in the 

country has vastly improved in the last decade, fighting between the Armed Forces and 

illegal armed groups continues to harm the country‘s citizens, especially its most 

vulnerable groups: the displaced, indigenous, and Afro-Colombians. Years of reforms 

and training, as well as key changes in leadership, are leading to progress by the Armed 

Forces in increasing their respect for and understanding of human rights. Rules of 

Engagement (ROEs) now exist to ensure that international humanitarian law is followed 

in combat situations. However, revelations of extrajudicial killings in Soacha and a 

preliminary report by the UN Special Rapporteur for Extrajudicial Killings indicate that 

far-reaching reforms have not fully taken hold. To its credit, the Colombian government 

has responded firmly to these revelations, issuing a zero-tolerance policy for abuses and 

has implemented reforms to prevent similar crimes in the future. The Prosecutor 

General‘s Office continues to investigate more than 75 members of the Armed Forces 

linked to the killings. The government still has much to do, but these are signs that it 

recognizes the severity of the problem and is working to address it. 

Nonetheless, hundreds more cases of extrajudicial killings and other human rights 

UNCLASSIFIED

UNCLASSIFIED 

- 4 - 

abuses are awaiting resolution, but the Prosecutor General‘s Office lacks the financial 

resources and personnel to do so quickly. In fact, NGOs have criticized the impunity that 

results from the backlog of cases, and some worry that the departure of Prosecutor 

General Mario Iguaran as of July 31, 2009, will cause further delays. In 2008, the 

Colombian government increased the budget and personnel levels of the Office, which 

was a step in the right direction and an indicator of the government‘s commitment to 

ending impunity, but more trained investigators and prosecutors are needed to address its 

overwhelming case loads. To help address this need, the United States, through the 

Department of Justice, is providing training and equipment to the Human Rights Unit 

within the Prosecutor‘s General‘s Office along with other sections of the Office. 

Despite the challenges it faces, the Prosecutor General‘s Office made several 

important advances in human rights cases during the certification period, which this 

report defines as June 16, 2008, to July 31, 2009, including: 

Arresting four retired generals for collusion with paramilitary forces; 

Reopening its case against retired General Rito Alejo del Río for his alleged 

crimes during ―Operación Genesis;‖ 

Reopening the La Rochela case – including investigations against three retired 

generals – and indicting ten members of the 17 th Brigade for the January 18, 

1989, massacre in which 12 investigators were killed in Simacota (Santander); 

Charging five members of the Army‘s 2 nd Artillery ―La Popa‖ Battalion, 

including its commander, with collusion with paramilitary forces and the 

homicide of 20 individuals between June and October 2002; 

Charging ten soldiers from the 17 th Brigade in the February 20-21, 2005, 

massacre of eight people in San José de Apartadó (Antioquia); and, 

Obtaining 30-year sentences against seven soldiers for the January 12, 2006, 

homicide of Edilberto Vasquez Cardona, a member of the San José de Apartadó 

Peace Community. 

The Security Situation in Colombia 

The security situation in Colombia continues to improve, but violence by illegal 

armed groups, emerging criminal groups and displacement continue to be concerns. 

Overall, homicides and kidnappings have declined dramatically since peaking in 2002. 

Homicides have decreased 44 percent since 2002, and in 2008, there were 16,140 

homicides in Colombia, a reduction of six percent compared to 2007 levels. Between 

January 1 and April 30, 2009, 1 the Colombian government reports that there were 5,270 

1 Time period available as of June 15, 2009. 

UNCLASSIFIED

UNCLASSIFIED 

- 5 - 

homicides in Colombia, a reduction of five percent compared to the same period in 2008. 

Homicides of labor unionists rose during the certification period, though overall 

they have declined by 80 percent since 2002. In 2008, the government reported that there 

were 39 homicides of labor unionists in Colombia, a 50 percent increase over the 26 

reported in 2007. 2 Between January 1 and April 30, 2009, 3 the Colombian government 

report that there were 11 homicides of labor unionists in Colombia. 4 

Kidnappings have decreased 84 percent since 2002, and in 2008, the Colombian 

government reported that there were 437 kidnappings in Colombia, a reduction of 16 

percent compared to 2007 levels. Between January 1 and April 30, 2009, 5 it reported 

there were 92 kidnappings; a decrease of 46 percent compared to the same time period in 

2008. 

Determining the size and scope of new displacements of Colombian citizens due to 

fighting between the Armed Forces and illegal armed groups continues to be contentious. 

The NGO Consultancy for Human Rights and Displacement (CODHES) reported a 24 

percent increase for 2008, while the Colombian government reported much lower 

figures. 6 The Colombian government said registrations of internally displaced persons 

(IDPs) showed only a slight increase for the year. The government attributed the small 

rise in registrations to the 2008 Constitutional Court order to include IDPs from previous 

years in the official registry, better awareness and coverage of IDP programs, and 

growing fraud from economic migrants seeking the enhanced government benefits now 

provided to IDPs. 

CODHES reported a 24.5 percent increase in displaced persons for 2008 (380,863 

total), attributing this increase to government efforts to expand security, competition 

2 The National Labor College (ENS), a labor rights NGO, reported that 46 labor unionists were killed in 2008. ENS and 

government figures differ because of methodological concepts of trade union membership. 


4 Figures from Colombian government‘s Ministry of Social Protection. 


6 One reason CODHES and government figures differ is the different methodologies used by CODHES and the 

government‘s Social Action agency (Acción Social). CODHES creates its estimates using data collected from the press; 

reports by the government, NGOs, international organizations, academics, the Catholic Church; and field visits. These 

figures include persons fleeing drug eradication efforts and poor economic conditions resulting from the conflict. Accion 

Social data includes only those displaced by the Revolutionary Armed Forces of Colombia (FARC), National Liberation 

Army (ELN), paramilitaries, armed groups, and by some new criminal groups. 

UNCLASSIFIED

UNCLASSIFIED 

- 6 - 

among illegal armed groups, attacks by the Revolutionary Armed Forces of Colombia 

(FARC), and government aerial coca eradication. In its annual report, the International 

Committee of the Red Cross (ICRC) reported a ten percent rise in the number of IDPs it 

assisted in 2008, citing threats from new criminal groups as a contributing factor to this 

increase. The ICRC reported that indigenous and Afro-Colombian communities have 

been particularly affected since fighting between the Colombian Armed Forces and 

illegal armed groups has shifted toward more remote mountainous and jungle areas and 

the Pacific coast. In 2008, 22 percent of the families assisted by ICRC belonged to ethnic 

minority groups. 

The government continues to take steps to protect at-risk individuals and groups, 

including members of human rights groups, labor union members, and victims of abuses. 

In 2008, the government provided protection to 12,161 people. In 2008, the MOI&J‘s 

$45 million Protection Program provided protection to 10,716 people. Thirty percent of 

the program‘s 2008 funding went to protect 2,462 labor union members, ten percent went 

to protect 1,003 NGO members, and the remainder went to protect other vulnerable 

groups. In addition, the Prosecutor General‘s Office provided protection for 1,445 

people, including witnesses in criminal cases. 

Extrajudicial Killings 

Reports of extrajudicial killings continued during the certification period, including 

revelations that members of the Armed Forces were involved in the January 2008 

murders of 13 youths from the Soacha neighborhood outside of Bogotá. The Minister of 

Defense responded strongly to this revelation, immediately dismissing 51 members of the 

Armed Forces for their alleged involvement in the crimes. In addition, the Prosecutor 

General‘s Office is investigating 75 members of the Armed Forces in connection with the 

crimes. The Ministry of Defense has cooperated with the Prosecutor General‘s Office in 

these investigations, providing information and assistance when requested. Despite 

progress in prosecutions, families of victims claim that they are increasingly vulnerable. 

In June 2009, Fernando Escobar, Human Rights Ombudsman for the Soacha area, 

reported that family members have received threats warning them not to pursue cases 

against the Armed Forces. 

UN Special Rapporteur on Extrajudicial Executions, Philip Alston, found that 

―significant elements within the military‖ had engaged in extrajudicial killings in a 

―systematic way,‖ but credited the Colombian government‘s efforts to address 

extrajudicial killings. While rejecting the assertion that cases of extrajudicial killings 

were isolated incidents committed by a few ―bad apples,‖ he also noted that they did not 

reflect Colombian government policy. 

UNCLASSIFIED

UNCLASSIFIED 

- 7 - 

Overall, investigations into cases of extrajudicial killings are proceeding slowly. 

While some advances have been made in more recent cases, older cases continue to 

languish. The Prosecutor General‘s Office reports that its caseload dropped dramatically 

in 2008, tracking a similar decline in cases reported by the Office of the United Nations 

High Commissioner for Human Rights (UNHCHR), and most international and nongovernmental 

organizations agree that numbers of extrajudicial killings have fallen 

substantially in 2009. However, it is unclear whether this reduction is an indicator that 

directives, training and disciplinary actions adopted by the Ministry of Defense are 

working. Some NGOs believe there may simply be a lag in reporting of cases, and that 

2009 cases will be reported more as the year progresses. 

Defense Reform 

Colombia‘s Armed Forces continues to take steps to improve respect for human 

rights within its ranks. The Ministry of Defense‘s leadership, both civilian and military, 

has made clear that it will not tolerate human rights abuses by the Armed Forces. 

However, ensuring this culture of respect at all levels of the Armed Forces remains a 

challenge, particularly due to the resistance of some commanders to important reforms. 

Though reports of extrajudicial killings have diminished dramatically in 2009, the 

Colombian government will need to strengthen adherence to its policies and 

implementation of its rules to ensure that progress is irreversible. 

In addition to the dismissals in the Soacha case, the Ministry of Defense issued 15 

measures aimed at improving the human rights performance of the Armed Forces. These 

reforms included opening a new human rights school, establishing a new human rights 

department, increasing the number of operational legal advisors, issuing new ROEs, and 

appointing additional independent inspector delegates. The Ministry of Defense also 

instituted new training mechanisms and strengthened commander accountability. 

Paramilitary Demobilization and Reintegration 

The demobilization of over 30,000 paramilitary members between 2005 and 2006 

was an important step for Colombia. However, Colombia now faces the challenge of 

delivering justice with respect to the crimes committed by these individuals. The 

Colombian government also continues to vigorously investigate and prosecute the 

parapolitical scandal, with 86 members of Congress, 34 mayors and 15 governors linked 

to crimes. These tasks continue to overwhelm the understaffed and underfunded civilian 

judicial system, though the government increased funding and personnel levels for the 

Prosecutor General‘s Office in 2008, and the United States is providing assistance to the 

Justice and Peace Unit within the Prosecutor General‘s Office to aid in the investigation 

and prosecution of crimes committed by former paramilitary members. 

UNCLASSIFIED

UNCLASSIFIED 

- 8 - 

Combating New Illegal Groups 

As several international organizations and NGOs have reported, some members of 

paramilitary organizations who refused to demobilize, as well as some previously 

demobilized paramilitaries, have joined narcotraffickers to form new criminal bands. 

These bands lack the leadership and political structure/goals of the now-demobilized 

paramilitary groups, but nonetheless are a threat to Colombia‘s civilian population. UN 

Special Rapporteur Alston voiced concern over the high rate of killings by illegal armed 

groups. He criticized the government‘s failure to confront the ―resurgence‖ of former 

paramilitaries in illegal groups, arguing that the phenomenon should not simply be 

addressed as criminal activity. 

During the certification, several threats were reported, allegedly made by these 

new groups. For example, in mid-February 2009, fliers calling for ―social cleansing‖ of 

drug dealers and users, prostitutes, and criminals began appearing in Medellín. In March 

2009, the fliers began appearing in 20 other cities throughout Colombia. The Colombian 

government is taking action to investigate these threats and to provide protection as 

warranted, but the presence of the groups is troubling. President Uribe publicly offered a 

reward for information on the fliers, and urged citizens to tear them up. Colombian 

National Police (CNP) Commander General Naranjo promised protection to any 

individual directly threatened. 

The Colombian government has undertaken a concerted effort to capture leaders 

and members of illegal armed groups, some of whom are paramilitary members who 

refused to demobilize. One of the biggest developments during the certification period 

was the April 15, 2009, capture of illegal armed group leader and narcotrafficker Daniel 

Rendón Herrera (former paramilitary leader alias ―Don Mario‖), for whom the 

government had been offering a reward of five million Colombian pesos (approximately 

$2,500 7 ). 

DAS Scandal 

Allegations of illegal domestic wiretapping and surveillance by Colombia‘s 

Department of Administrative Security (DAS) are troubling. NGOs and the Colombian 

media charge that these activities were used to intimidate human rights groups, 

journalists, opposition leaders, Supreme Court Justices, and members of Congress. Some 

members of these groups charge that the wiretapping and surveillance included their 

family members and that such practices continue. 

The Colombian government has denied official sponsorship of the alleged crimes, 

7 At conversion rate of 1 USD = 2,000 COP 

UNCLASSIFIED

UNCLASSIFIED 

- 9 - 

and offered a reward for the capture of rogue DAS officials it claims were behind the 

illegal activities. The Prosecutor General‘s Office continues to investigate the 

allegations, and it is unclear at this time to what level of the Colombian government any 

orders can be traced. The conclusion of Prosecutor General Iguaran‘s term in office on 

July 31, 2009, worries human rights groups, who fear this may delay the investigation. 

The importance that the Prosecutor General‘s Office has placed on prosecuting 

these crimes is a positive step for Colombia. This investigation will likely be an ongoing 

concern in Colombia for some time. In fact, media reports allege that illegal wiretapping 

and surveillance by the DAS continues to date. It is vital that the Office conduct a 

rigorous and thorough investigation in order to determine the extent of these abuses and 

hold all actors accountable. 

Prosecuting Crimes Against Labor Union Members 

The Colombian government continues to take seriously crimes of violence and 

threats against labor union members. From October 1, 2007, to May 20, 2009, 8 the Labor 

Sub-Unit within the Prosecutor General‘s Office was working on 1,304 cases of violence 

involving 1,546 members of labor unions, 61 of which fall under the new oral accusatory 

system. Out of these cases, 617 are homicides (824 victims) and 289 are threats. Of the 

1,304 cases, 610 are in the preliminary investigation stage (suspect unknown), 245 are in 

the instruction phase (suspect known), and in 355 the suspect has been identified and 

placed in preventative detention. Charges were filed in 124 cases, 142 cases were 

pending the formulation of charges for an anticipated sentence, and 153 convictions were 

issued, in which 193 people were sentenced. Of these convictions, 13 were under the 

new oral accusatory system. Convictions in labor-related cases have increased 

dramatically in the last decade, with 36 percent of the convictions reached in that time 

period occurring in 2008 and 2009. 

Regarding the 187 priority cases chosen by Colombia‘s three largest labor unions, 

as of May 2009, 9 the Labor Sub-Unit continued to work on 185 of the cases (in 2008, 

two of the priority cases were removed because they were found not to be union-related). 

Of the 185, 94 were in the preliminary investigation stage, 62 were in the instruction 

phase, convictions had been reached in 18 cases, 7 cases were in the trial stage, and 3 

were closed due to lack of evidence or bureaucratic reasons. In total, in the 185 cases, 53 

sentences had been handed down (8 against individuals participating in the Justice and 

Peace Process, or JPP, with 69 people being convicted of crimes. 

8 Time period available as of June 15, 2009. The Labor Sub-Unit began its work in October 2007. 


UNCLASSIFIED

UNCLASSIFIED 

- 10 - 

UN Universal Periodic Review on Human Rights 

In December 2008, Colombia underwent a Universal Periodic Review by the 

United Nations‘ Human Rights Council, voluntarily conducting consultations with human 

rights groups and taking responsibility for human rights abuses by the country‘s Armed 

Forces. On December 10, 2008, Vice President Santos called human rights violations by 

the military ―a shame‖ for the nation. Furthermore, he acknowledged Colombia ―still 

[had a] ways to go and there remain errors [it] need[s] to correct.‖ Following this, Santos 

outlined 69 voluntary commitments that the government would undertake to address 

human rights concerns in Colombia, drawing praise from participants for the sincerity of 

Colombia‘s engagement in the process. On March 20, 2009, the UN Human Rights 

Council adopted the results of the December 2008, UN Universal Periodic Review 

process on Colombia. The Colombian government voluntarily accepted over 50 of the 64 

recommendations proposed by countries participating in the review. 10 

USG Consultation with NGOs 

The United States government takes seriously all reports of human rights abuses 

and is committed to continued engagement with Colombian government to achieve 

further progress in improving the human rights performance of its Armed Forces, 

severing military-paramilitary ties, and ensuring effective investigation and prosecution 

of human rights violations. To this end, the State Department, both in Washington and 

through the U.S. Embassy in Bogotá, consults regularly with NGOs and civil society 

groups regarding Colombia‘s human rights performance. In developing its examination 

and analysis of Colombia‘s human rights situation, the State Department carefully 

considers their views, observations, and experience, as well as information in reports 

from international organizations and groups such as the Office of the High Commissioner 

for Human Rights in Bogotá, the OAS, and the ICRC. As part of this, Deputy Secretary 

of State James Steinberg had a productive dialogue with human rights NGOs in 

Washington on September 3, 2009. 

U.S. Support for Improvements in Human Rights 

The United States will continue to push for improvements in Colombia‘s human 

rights situation and to underscore the importance that the USG places on this issue. To 

aid in this effort, the United States will undertake a range of steps, including: 

Encourage the Ministry of Defense to revive an informal consultation 

mechanism on human rights, to include ambassadors from the United States, 

Canada, and the European Union, along with representatives from international 

organizations such as UNHCHR; 

10 For more information, see http://www.derechoshumanos.gov.co/epu 

UNCLASSIFIED

UNCLASSIFIED 

- 11 - 

Through the Department of Justice (DOJ), identify ways to increase the 

capacity of the Prosecutor General‘s Office; 

Foster a constructive dialogue between the Colombian government and civil 

society groups, emphasizing the need for improved relations despite differences 

in viewpoints and the importance of building protections for civil society, the 

base upon which long-term security in Colombia depends; 

Support investigations by the Supreme Court and Prosecutor General‘s Office 

into the DAS; and 

Reinforce the U.S. view that that DAS surveillance activities are troubling and 

unacceptable, and encourage a thorough Colombian government investigation. 

The following is a discussion of the Colombian government and Armed Forces‘ 

compliance with each of the conditions for certification contained in Sections 7046(b)(1) 

and (2). 

UNCLASSIFIED

SECTION 7046(b)(1)(B)(i) 

UNCLASSIFIED 

- 12 - 

Section 7046(b)(1)(B)(i) of the FY 2009 FOAA requires a determination that: 

“The Government of Colombia is suspending, and investigating and prosecuting, in 

the civilian justice system, those members of the Colombian Armed Forces, of 

whatever rank, who have been credibly alleged to have committed gross violations 

of internationally recognized human rights, including extra-judicial killings, or to 

have aided or abetted or benefited from paramilitary organizations or successor 

armed groups, and the Colombian Armed Forces are cooperating fully with civilian 

prosecutors and judicial authorities in such cases.” 

The Colombian government continued to suspend, investigate and prosecute – in 

the civilian judicial system – those members of the Armed Forces credibly alleged to 

have committed violations of human rights or to have aided, abetted or benefited from 

paramilitary organizations or successor armed groups. The Armed Forces continues to 

cooperate with civilian judicial authorities in this regard. 

Investigating and Prosecuting Human Rights Violations 

The civilian Prosecutor General‘s Office (Fiscalía), which is independent of the 

Colombian executive branch, is responsible for investigating and prosecuting military 

personnel who have allegedly committed human rights violations or colluded with illegal 

armed groups. The Inspector General‘s Office (Procuraduria) is responsible for 

conducting disciplinary proceedings against members of the Armed Forces who have 

allegedly committed crimes or other infractions. 

Under the old criminal procedure code (Law 600), the Colombian prosecutor has 

judicial authority to detain persons suspected of committing a crime in order to 

investigate whether the person is actually responsible for the crime. Under the new 

criminal procedure code, similar to U.S. procedures, the prosecutor must request an arrest 

warrant from a judge in order to detain someone. If the suspect is arrested in the act of 

committing the crime, the prosecutor must present the person detained before a judge 

within 36 hours of the arrest. In that hearing, the prosecutor must articulate a basis to 

keep the person detained pending trial. The determining factors with respect to which 

code applies are the date and location of the alleged offense, and whether the new code 

was in effect in the jurisdiction on the date of the crime. In either case, once the 

detention order is issued, if the suspect is a member of the Armed Forces, the Prosecutor 

General‘s Office requests that the suspect be suspended, and the Inspector General‘s 

Office then begins disciplinary action (see Annexes E though G). While the case is 

adjudicated, the Armed Forces either hold that individual in custody at a military facility 

UNCLASSIFIED

UNCLASSIFIED 

- 13 - 

or turn him over to civilian authorities. 

On average, cases processed under the new criminal code (oral accusatory system) 

move much more rapidly than cases that continue to proceed under the old code (written 

inquisitorial system). Under the old system, homicides were resolved in an average of 

462 days and drug trafficking cases took an average of 329 days. Under the new system, 

homicides take an average of 111 days, and drug trafficking cases take 33 days. 

During the certification period, both the Prosecutor General‘s Office and Inspector 

General‘s Office took action on alleged cases of human rights violations and collusion 

with criminal groups. In the past, NGOs have noted that while low-ranking officers may 

be held accountable in cases of human rights violations, commanding officers are rarely 

prosecuted. As listed in Annexes A through D, between June 16, 2008, and June 15, 

2009, 11 the Colombian government reported that among those detained by the Prosecutor 

General‘s Office were one colonel, three lieutenant colonels and two majors. The 

Prosecutor General‘s Office indicted at least one general, two colonels, five lieutenant 

colonels, and two majors. In addition, the Prosecutor General‘s Office continued case 

proceedings against at least four colonels, one lieutenant colonel and four majors. During 

the certification period, no members of the Armed Forces above the rank of major were 

sentenced for human rights-related crimes. 12 

From June 16, 2008, to June 15, 2009, 13 the Prosecutor General‘s Office detained 

138 individuals in cases where military personnel allegedly committed gross human 

rights violations or collaborated with paramilitary groups (the Colombian government did 

not release a complete list of the 138 detained so the list in Annex A lists only 80 

individuals detained in 11 cases). During the certification period, the Office indicted at 

least 102 military personnel (resoluciones de acusación) involved in 11 cases of alleged 

human rights violations, and continued judicial proceedings against 78 members of the 

Armed Forces in 29 cases listed in previous memoranda of justification for violations of 

human rights and collaboration with paramilitary groups. The Office also concluded case 

proceedings against at least 34 members of the Armed Forces in nine cases for violations 

of human rights and for collaborating with paramilitary groups. (For detailed lists of 

cases, see Annexes A-D) 

For its part, as listed in Annexes E through G, the Colombian government reported 

11 Time frame available as of July 31, 2009. 

12 Counts and assertions based on information received from the Prosecutor General‘s Office as of July 31, 2009. 


UNCLASSIFIED

UNCLASSIFIED 

- 14 - 

that the Inspector General‘s Office opened disciplinary proceedings against one member 

of the Armed Forces above the rank of major, a colonel. 14 In terms of actions taken 

against individuals at or above the rank of major, the Inspector General also continued 

case proceedings against two colonels, four lieutenant colonels, and six majors; and 

concluded case proceedings against two colonels, two lieutenant colonels, and three 

majors. 

From June 16, 2008, to June 15, 2009, 15 the Inspector General‘s Office opened 18 

disciplinary processes against 92 members of the Armed Forces for alleged violations of 

human rights and collaboration with paramilitary groups. During the period, the Office 

continued disciplinary proceedings against 138 members of the Armed Forces involved 

in 19 cases listed in previous certifications for violations of human rights and 

collaborating with paramilitary groups, and concluded case proceedings against 70 

members of the Armed Forces involved in 25 cases of violations of human rights and/or 

collaborating with paramilitary groups. In concluding these cases, the Inspector 

General‘s Office suspended 13 members of the Colombian Armed Forces, removed 44 

from duty and barred them from public service for a period of time, and absolved 14 of 

charges. (For detailed lists of cases, see Annexes E-G) 

Status of Selected Human Rights Cases/Issues 

Between June 16, 2008, and July 31, 2009, there were advances in several 

prominent human rights cases, some resulting in the conviction and sentencing of 

military personnel. In others, however, there was little progress. 

Pueblo Bello Massacre 

On March 5, 2009, then Minister of Defense Juan Manuel Santos hosted a public 

event at the Ministry‘s headquarters to accept responsibility and apologize for the 

paramilitary killings of 43 peasants in Pueblo Bello, Urabá (Antioquia) on January 14, 

1990. The Inter-American Commission on Human Rights (IACHR) ordered the public 

apology as part of symbolic reparations. 

Palace of Justice 

On February 12, 2009, the High Judicial Council (Consejo Superior de Judicatura) 

denied retired General Alfonso Plaza Vega‘s petition to be tried in a military court for his 

alleged role in the forced disappearance of 11 people during the recapture of the Palace of 

Justice on November 7, 1985. At the time a colonel, Vega commanded the operation that 

14 Counts and assertions based on information received from the Inspector General‘s Office as of July 31, 2009. 


UNCLASSIFIED

UNCLASSIFIED 

- 15 - 

retook the Palace from terrorist group M-19. Army General (retired) Ivan Ramírez 

Quintero (former commander of the Army‘s 1 st Division) remained incarcerated at the 

Engineering Battalion in Bogotá for his alleged role in the case. 

Wilson Duarte Ramon 

On January 29, 2009, the Special Court of Arauca ordered the police of Saravena 

(Arauca) to apologize publicly and pay reparations to the family of Wilson Duarte 

Ramon, who was tortured and killed by the police on March 26 and 27, 2002. The police 

unit must also implement and publicly post a human rights protection strategy. On July 

26, 2007, seven defendants were convicted for involvement in this crime. 

Maria Santamaria Galeano 

In Antioquia, on January 22, 2009, the local Human Rights Unit within the 

Prosecutor General‘s Office charged five soldiers – at the time members of the 4 th 

Brigade in Medellin – with the May 28, 2005, death of Maria Santamaria Galeano. 

Edilberto Vásquez Cardona 

On March 26, 2009, the 2 nd Penal Court for the Circuit of Apartadó, sentenced 

seven Army soldiers each to 30 years in prison for homicide of a protected person in the 

disappearance and death of Edilberto Vásquez Cardona, a member of the San José de 

Apartadó Peace Community, on January 12, 2006. (See Annex C for a listing of the 

soldiers.) 

San José de Apartadó: La Resbalosa 

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 participation in the February 20-21, 2005, 

massacre of eight people in San José de Apartadó (Antioquia). (See Annex B for a listing 

of the soldiers.) On October 28, 2008, Captain Guillermo Armando Gordillo Sánchez 

formally accepted the charges against him of criminal conspiracy, homicide of a 

protected person, and barbaric acts for his participation in the massacre. The Prosecutor 

General‘s Office has found in its investigations that members of the Army‘s 47 th Infantry 

Battalion colluded with former AUC leader Diego Murillo Bejarano‘s (Don Berna) 

―Héroes de Tolová‖ bloc to combat the FARC in the area. Confessions by Don Berna, 

who was extradited to the United States in May 2008, and other former AUC members 

facilitated the prosecution. Don Berna accepted responsibility for the murders on May 7, 

2008, in testimony given as part of the Justice and Peace Process (JPP). Paramilitary 

leader Éver Veloza García (alias ―HH‖) also gave a declaration on the case on June 20, 

2008. At least 10 other paramilitary members from the AUC‘s Héroes de Tolová Bloc 

UNCLASSIFIED

UNCLASSIFIED 

- 16 - 

have also been linked to the case and proceedings continue against those individuals. 

The Prosecutor General‘s Office noted that refusal by the peace community to cooperate 

in the investigation had slowed progress in the case. Threats against witnesses, and 

attempted violence against members of the Prosecutor General‘s Office working on the 

case have also hindered the investigation. 

Gordillo Sanchez‘ testimony was the first official admission by military personnel 

that elements of that 17 th Brigade participated in the murder in collusion with the Don 

Berna‘s Héroes de Tolová Bloc of the AUC. Following his November 15, 2007, capture, 

Gordillo Sanchez testified that 100 members of the military (including members of the 

Bolívar and Anzoategui Companies of the Vélez Infantry Battalion and the Alacrán 

Company of the 33 rd Battalion) and 50 members of the AUC‘s Heroes de Tolová Bloc 

were patrolling together. Gordillo stated that General Hector Jaime Fandino (former 

commander of the 17 th Brigade), Lieutenant Colonel Orlando Espinosa Beltran 

(Commander of the Vélez Battalion), and Major José Fernando Castaño (second in 

operational command of the Battalion) ―must have known‖ about the military‘s joint 

patrols with the paramilitary group. On July 30, 2008, the Prosecutor General‘s Office 

issued a processal break in the case (ruptura procesal) so that the Office could continue 

its investigation against Army General Héctor Fandino who commanded the troops at the 

time. Fandino publicly said he is ready to cooperate with the justice system and has 

nothing to hide. 

La Rochela Massacre 

Following six complaints by the IACHR, on May 11, 2007, the Prosecutor 

General‘s Office reopened its case into the January 18, 1989, La Rochela massacre. In 

this incident, 12 investigators were killed in Simacota (Santander) while investigating the 

October 1987 murders of 19 merchants, reportedly by the ―Los Masetos‖ paramilitary 

forces of Magdalena Medio. In reopening the case, the Office called in three retired 

generals for questioning: 

1. Army General (retired) Farouk Yanine Díaz (on June 6, 2008) 

2. Army General (retired) Juan Salcedo Lora (on June 9, 2009) 

3. Army General (retired) Alfonso Vacca Perilla (on June 9, 2009) 

On January 29, 2009, 10 members of the Army‘s 33 rd counterguerrilla battalion, 

assigned to the 17 th Brigade, were indicted in the case. Six of these had been 

preventatively detained on April 9, 2008, and the remaining four were preventatively 

detained on August 29, 2008. This followed the February 2007 linkage of 69 members of 

the battalion to the case. (See Annexes A and B for lists of those soldiers preventatively 

detained and indicted) Previously, on July 30, 2008, Army Captain Guillermo Armando 

Gordillo Sánchez pled guilty to homicide of a protected person, terrorism, and criminal 

UNCLASSIFIED

conspiracy in the case. 

UNCLASSIFIED 

- 17 - 

Twelve paramilitary members have been linked to the case and proceedings 

continue against those individuals. Paramilitary leader Alonso de Jesus Baquero 

Agudelo, alias ―Vladimir,‖ was convicted in 1990 for the killings which took place under 

his command. He was sentenced to 30 years in prison and is participating in the JPP, 

providing key testimony concerning the criminal acts related to La Rochela. 

Though former Santander Congressman Tiberio Villarreal Ramos denies any 

involvement in the murders, in early June 2009, the Prosecutor General‘s Office called 

him back in for questioning. In 1996 and 1997, the Prosecutor General‘s office had 

opened an investigation into and then dismissed charges against Villarreal. 

La Gabarra Massacre 

On August 19, 2008, Army Colonel Víctor Hugo Matamoros Rodríguez was 

detained for his alleged involvement in the August 21, 1999, murders of 26 people in La 

Gabarra (Norte de Santander). Three other members of the Army have also been linked 

to the crime, and preventative detention orders have been issued for two; one indicted in 

2000. The one that was indicted, Army Major Luís Hernándo Campuzano, was 

sentenced to 40 years in prison on September 15, 2007. This was the culmination of a 

six-year investigation by the Prosecutor General‘s Office into Campuzano‘s connection 

with one of Colombian‘s most notorious murders, which the Office pursued despite a 

previous acquittal of the charges. Fifteen former paramilitaries have been linked to the 

crime and are under investigation, including Salvatore Mancuso Gómez. 

General Rito Alejo del Río and “Operation Genesis” 

On September 12, 2008, a preventative detention order was issued for Army 

General (retired) Rito Alejo del Rio, and the Prosecutor General‘s office indicted him on 

December 26, 2008, as the material author in the aggravated homicide of Marino Lopez 

Mena. 

On February 24, 1997, the ―Elmer Cardenas‖ paramilitary bloc entered the town of 

Bijao, municipality of Riosucio (Department of Chocó) and intimidated and attacked the 

residents in what came to be known as ―Operation Genesis.‖ During the operation, 

Marino Lopez Mena, was allegedly beheaded. In early 2009, two former paramilitary 

members – Luis Muentes Mendoza (alias, ―Vicente‖ or ―El Calvo‖) and Diego Luis 

Hinestrosa Moreno (alias, ―El Abuelo‖) – pled guilty for their involvement in ―Operation 

Genesis.‖ At least four other paramilitary members allegedly involved in the incident are 

still under investigation. 

UNCLASSIFIED

UNCLASSIFIED 

- 18 - 

In addition, in March 2009, the Supreme Court reopened its case into del Río‘s 

alleged collaboration with paramilitaries in the Uraba region of Antioquia from 1995- 

1997. This followed former paramilitary leaders Salvatore Mancuso, Ever Velosa (H.H.), 

and Diego Rivera naming him as collaborating with paramilitary forces in their JPP 

testimonies. Del Río is detained at the Infantry School in Bogotá. According to media 

reporting, there have been over 150 allegations that he was responsible for murders and 

disappearances in Urabá (Antioquia), his former area of command. 

Four Generals Investigated for Collusion with Paramilitary Groups 

In 2008, the Prosecutor General‘s Office authorized the opening of investigations 

into four former Army generals for alleged collusion with the now demobilized United 

Self-Defense Forces of Colombia (AUC). Carlos Alberto Ospina (former commander of 

the Armed Forces), Julio Eduardo Charry (former Army commander in the Uraba 

region), Ivan Ramírez Quintero (former commander of the Army‘s 1 st Division), and Rito 

Alejo del Río (former commander of the 17 th Brigade) were all accused of having 

connections to the AUC and reportedly named in testimony (―versiones libres‖) by 

former AUC leaders, including Salvatore Mancuso and Francisco Villalba. Mancuso 

testified that Del Río met with now deceased AUC leader Carlos Castaño in Córdoba in 

1996 and 1997, and collaborated with Castaño against the FARC. Mancuso claimed that 

Freddy Rendon (El Aleman) and he met with Ivan Ramírez and Julio Charry. Villalba 

testified that Ospina provided support from the 4 th Brigade in the October 1997 murders 

of 19 people at El Aro. 

The four retired generals are incarcerated, pending the results of the investigation, 

and have denied involvement with the AUC. As former generals, their cases would be 

heard by the Supreme Court. As previously noted, Del Río is incarcerated at the Infantry 

School in Bogotá. Ramírez is incarcerated at the Engineering Battalion in Bogotá in 

connection with the 1985 Palace of Justice investigation. 

Mapiripán 

There was no movement on the Mapiripán case during the certification period. 

However, the Prosecutor General‘s Office continued to appeal the acquittal of Army 

General (retired) Jaime Humberto Uscátegui Ramírez. On November 28, 2007, he was 

acquitted of all charges except falsifying documents, for which he was sentenced to 41 

months time served, for his involvement in the July 15, 1997, murder of at least 36 

civilians in Mapiripán (Meta). On that date, a group consisting of 20 men from the 

ACCU (Autodefensas Campesinas de Cordoba y Urabá) arrived in the town of Mapiripán 

(Meta) where they committed violent acts against residents and blocked transportation 

and communication. The judge in the case previously convicted Lieutenant Colonel 

Orozco Castro for his involvement in the massacre. Orozco, who revealed the military‘s 

UNCLASSIFIED

UNCLASSIFIED 

- 19 - 

ties to the murders, is not serving his sentence since he now resides in the United States 

after receiving refugee status due to credible threats against his life. On October 23, 

2007, three AUC members (Leonardo Montoya Pubiano, Francisco Enrique Gómez 

Vergaño, and Arnoldo Vergara Trespalacios) were sentenced to 40 years each for their 

involvement in the case. 

Operación Dragón 

On October 8, 2008, the Prosecutor General‘s Office opened a hearing for two 

lieutenant colonels, a major, and three civilians (no names given), on charges of alleged 

aggravated criminal conspiracy and violation of the rights of assembly and association for 

their involvement in ―Operación Dragón.‖ The inquiry process began November 19, 

2008, and is ongoing. ―Operación Dragón‖ involved an alleged plot in 2004 to 

assassinate leftist politicians and labor leaders in Cali. Berenice Celeyta Alayón, a labor 

union leader, and Colombian Senator Alexander Lopez Maya, former president of 

SINTRAEMCALI, allege that they were targeted for their work in support of 

SINTRAEMCALI, a local labor union‘s campaign against the privatization of the Cali 

Municipal Corporation (EMCALI), Colombia‘s third largest public utility company. 

Orlando Valencia 

There was no movement during the certification period in the investigations of two 

policemen for their alleged role in the October 15, 2005, disappearance and homicide of 

Afro-Colombian leader Orlando Valencia. Valencia was killed in Belén de Bajirá 

(Chocó) by paramilitary forces, allegedly with collusion by the Colombian National 

Police. The trial of the two members of the police, a captain (Edwin Harbey Arroyo 

Cuervo) and a now retired sub-lieutenant (no name provided), for their alleged 

involvement in the homicide and links to paramilitary groups began on February 27, 2007 

(investigation opened October 9, 2006). The Prosecutor General‘s Office reported that in 

2007, José Montalvo Cuitive, a palm oil farmer, was sentenced to 22 years in prison for 

his alleged role in the homicide. 

As was reported in previous certifications, witnesses, including community leader 

Enrique Petro, testified in the case May 15-17, 2007, in Medellín, and asked the 

Prosecutor General‘s Office for increased security, including armored cars, cell phones, 

horses, and police protection. The government provided police protection and phones, 

but Petro has stated he needs additional security. On July 12, 2007, the Prosecutor 

General‘s Office linked two members of the AUC Bloque Elmer Cardenas to the case and 

shortly thereafter, the Colombian National Police arrested one of them (Horacio Restrepo 

Urrego). On September 18, 2007, two witnesses in the case, Miguel and Uco Alberto 

Hoyos, were wounded by gunfire outside their homes. They were put under police 

protection at a hospital in Apartadó. On October 14, 2008, unknown assailants killed 

UNCLASSIFIED

UNCLASSIFIED 

- 20 - 

Uco Alberto Hoyos, who was in the Ministry of Interior and Justice's (MOI&J) protection 

program at the time. Miguel Hoyos remains in the witness protection. The government 

has resolved to improve police presence in Belén de Bajirá. 

On October 23, 2006, the Prosecutor General‘s Office charged former AUC 

member Hermes José Muñoz González, alias ―Diomedes,‖ for his alleged role in the 

aggravated homicide of Valencia. In January 2008, he was sentenced to 28 years and 9 

months in prison for aggravated homicide and criminal conspiracy. Gonzalez remains in 

detention in Bellavista prison in Medellín while he appeals his conviction. After 

reviewing new evidence, the Prosecutor General‘s Office arrested AUC member Julio 

César Silva Borja, aliases ―El Enano‖ and ―El Indio,‖ on September 6, 2006. He was 

detained after a September 15, 2006, preventative detention order and remains in custody 

at Itaguí prison. 

Investigations by Prosecutor General’s Office into Alleged Extrajudicial Killings 

Investigations into cases of extrajudicial killings are proceeding slowly. While 

some advances have been made in more recent cases, older cases continue to languish. 

Numbers of extrajudicial killings vary by organization because of the different standards 

applied to data collection and analysis. Between 2002 and 2009, the Colombian 

government‘s Presidential Human Rights Program counts 551 complaints of cases of 

homicides allegedly attributed to members of the Armed Forces, also known as 

extrajudicial killings. For its part, the Center for Investigation and Popular Education 

(CINEP), a Jesuit-run Colombian think tank, reports 1,142 total cases of extrajudicial 

killings between 2002 and 2008, including 646 ―false positive‖ cases where the Armed 

Forces allegedly murdered civilians and presented them as ―killed in combat.‖ 

As of May 15, 2009, 16 the Extrajudicial Killings Sub-Unit within the Prosecutor 

General‘s Office had been assigned 1,056 cases (involving 1,708 victims), all of them 

extrajudicial killings allegedly committed by members of the Armed Forces between 

1985 and 2009. Of these, 1,019 cases remained under investigation, 21 were in the trial 

phase, and convictions had been reached in the remaining 16 (83 people convicted). Of 

the 1,056 cases, 42 percent occurred in the departments of Antioquia and Meta. 

Members of the Army accounted for 94 percent of the 1,150 members of the Armed 

Forces implicated in the cases. 

The Prosecutor General‘s Office reports that its caseload dropped dramatically in 

2008, tracking a similar decline in cases reported by the Office of the United Nations 

High Commissioner for Human Rights (UNHCHR). The Prosecutor General‘s Office is 


UNCLASSIFIED

UNCLASSIFIED 

- 21 - 

handling 112 cases from 2008, down from a peak of 397 cases from 2007, and as of May 

15, 2009, 17 one case from 2009. Most international and non-governmental organizations 

agree that numbers of extrajudicial killings have fallen substantially in 2009. However, it 

is unclear whether this reduction is an indicator that directives, training and disciplinary 

actions adopted by the Ministry of Defense are working. Some NGOs believe there may 

simply be a lag in reporting of cases, and that 2009 cases will begin to be reported as the 

year progresses. 

In October 2008, specific allegations emerged that in January of that year members 

of the Armed Forces had, in a concerted way, lured 13 victims away from their homes 

with the promise of employment, killed them and then presented them as ―killed in 

combat.‖ Known as the Soacha murders, this case is addressed in detail in the section 

below entitled ―Investigations into and Cooperation on Soacha Murders.‖ 

UN Special Rapporteur’s Findings 

In his initial findings, released June 18, 2009, the UN Special Rapporteur on 

Extrajudicial Executions, Philip Alston, credited the Colombian government‘s efforts to 

address extrajudicial killings. He noted that allegations of extrajudicial killings have 

fallen sharply over the last six to nine months, and called for increased government 

efforts to investigate past crimes. Alston rejected the assertion that cases of extrajudicial 

killings were isolated incidents committed by a few ―bad apples,‖ but also said they did 

not reflect Colombian government policy. Still, he called for the military to eliminate 

―all forms‖ of incentives for combat kills and for prompt and thorough investigation into 

the crimes. 

Alston found that ―significant elements within the military‖ had engaged in 

extrajudicial killings in a ―systematic way.‖ In these cases, similar to the Soacha 

murders, victims are lured to a distant location, generally under the pretext of an 

employment opportunity, murdered, and then reported as killed in combat. He cited 

cases in the departments of Antioquia, Arauca, Valle de Cauca, Casanare, Cesar, 

Cordoba, Huila, Meta, Norte de Santander, Putumayo, Santander, Sucre, and Vichada. 

Emphasizing the importance of investigating and prosecuting those responsible for 

extrajudicial killings, he urged Colombian authorities to choose a credible, independent 

figure to replace outgoing Prosecutor General Iguaran. 

Alston applauded government efforts to confront extrajudicial killings, citing 

disciplinary sanctions, the Suarez Commission‘s investigation into the Soacha murders, 

and policy reforms aimed at eliminating the use of ―body count‖ as a measure for 


UNCLASSIFIED

UNCLASSIFIED 

- 22 - 

evaluating performance. He described these actions as encouraging, but stressed that 

impunity for past cases must be addressed. Alston called on the Colombian government 

to dedicate additional resources to the Human Rights Unit within the Prosecutor 

General‘s Office to give it the capacity to investigate past cases. He condemned military 

judges who obstruct the transfer of human rights cases to the civilian justice system and 

said in many extrajudicial killing investigations witnesses and their families are often 

threatened or harassed. 

Status of Selected Extrajudicial Killing Cases/Issues 

Below is the status of investigations of several cases/issues involving alleged 

extrajudicial killings, both by the Prosecutor General‘s Office and the Inspector General‘s 

Office. In addition, many of the cases listed in Annexes A through G appear to be cases 

of extrajudicial killings as well, and their status is listed there. 

La Popa Battalion 

On April 14, 2009, five members of the Army‘s 2 nd Artillery ―La Popa‖ Battalion 

(10 th Armored Brigade in the department of César), including its commander, Army 

Colonel Hernán Mejía Gutiérrez, were indicted for colluding with paramilitaries in the 

homicide of 20 individuals in June and October 2002. (See Annex B for a listing of the 

soldiers.) Three other members of the Armed Forces are under investigation in 

connection with the case. Between January 2002 and December 2003, Mejía Gutiérrez 

and Army Lieutenant Colonel Ruiz Mahecha met with heads of the AUC forces, 

including Rodrigo Tovar Pupo, (alias ―Jorge 40‖) and David Hernandez (alias ―Jorge 

39‖). On June 22, 2002, Carlos Alberto Pumarejo Lopesiera and Edwar Caceres Prado 

were killed and reported as combat deaths. Additionally, on October 26, 2002, 18 AUC 

members were killed in El Socorro in the municipality of Bosconia (César) by their own 

men as part of an internal purge and later reported by Colonel Mejía‘s battalion as FARC 

members killed in combat. 

An investigation into the actions of La Popa Battalion was initiated after retired 

military officer Eduin Manuel Guzman Cardenas claimed to a military court on January 

19, 2007, that Colonal Hernán Mejía Gutiérrez had ties to the paramilitary commanders. 

He also alleged that while he held the position as commander, he witnessed several 

combat deaths of supposed subversives. Based on the manner in which they had been 

killed, it appears they were executions of civilians, rather than deaths attributed to 

crossfire between hostile parties. Criminal proceedings were begun in 2007. 

On January 22, 2009, the Ministry of Defense forcibly retired 11 members of the 

La Popa Battalion of the 10 th Armored Brigade from the César Department, citing 

command and control problems. These problems were identified in an investigation by 

UNCLASSIFIED

UNCLASSIFIED 

- 23 - 

Army Inspector General Carlos Arturo Suarez, the results of which were then turned over 

to the Prosecutor General‘s Office. Suarez headed the special commission that 

investigated the Soacha murders and led to the dismissal of 27 military personnel. 

Throughout 2007 and 2008, the Prosecutor General‘s Office opened 25 investigations 

into 150 possible extrajudicial killings in César. 

Edilberto Vasquez Cardona 

On May 26, 2009, seven soldiers were sentenced to 30 years in prison for their 

roles in the 2006 murder of Edilberto Vasquez Cardona, who was killed and presented as 

a FARC member killed in combat. Vasquez was a member of the Arenas Altas 

―humanitarian zone,‖ which is part of the San José de Apartadó Peace Community in 

Urabá (Prosecutor General‘s Office Case Number 3131). 

Gaula of Córdoba 

On March 10, 2009, the Prosecutor General‘s Office ordered the preventative 

detention of retired Army Major Julio César Parga Rivas, former commander of the Anti- 

Kidnapping Unit (―Gaula‖) of Córdoba, with the murder of five civilians who were later 

reported as combat deaths in 2007. Parga was extradited to the United States on drug 

charges on March 18, 2009. 

Merchants in Barranquilla 

On December 24, 2008, the Barranquilla branch of the Prosecutor General‘s Office 

ordered the arrest of five soldiers for the alleged July 29, 2001, extrajudicial killing of 

two merchants whose deaths were reported as FARC killed in combat. The order 

reversed a January 2006 ruling in favor of the soldiers by a Military Penal Justice panel in 

Santa Marta. The five soldiers claimed that the two men were FARC members planting 

an explosive charge on a railway line owned and operated by the Drummond Mining 

Company. The Prosecutor General‘s Office reported that the autopsies showed that the 

shots that killed the two men were fired at point blank range, and investigators said that 

the soldiers gave conflicting statements about the incident, suggesting that the men had 

no ties to the FARC. 

Murder of Seven Civilians in Boyaca 

On December 22, 2008, the Inspector General‘s Office announced an investigation 

into seven soldiers from the Tarqui Battalion in Boyaca for their involvement in the 

murder of seven individuals on May 8, 2004. The seven were reported as enemies killed 

in combat after the soldiers entered a private home in Labranzagrande (Boyaca). Details 

of the engagement as described by the soldiers were not supported by forensic evidence 

found at the scene. The Prosecutor General‘s Office continues to investigate this case. 

UNCLASSIFIED

UNCLASSIFIED 

- 24 - 

16 th Brigade 

On October 31, 2007, the Human Rights Unit within Villavicencio‘s Prosecutor 

General‘s Office ordered the arrest of seven soldiers from the 16 th Brigade in Casanare 

for their alleged involvement in extrajudicial killings, bringing the total number of 

soldiers implicated in the 16 th Brigade to 27. 

Investigations into and Cooperation on Soacha Murders 

In September 2008, allegations emerged that members of the Armed Forces were 

involved in the deaths of 13 young men who disappeared in January 2008 from Soacha, a 

poor neighborhood on the outskirts of Bogotá, and were presented shortly thereafter as 

combat deaths. It appears that, in some of these cases, the Armed Forces colluded with 

paramilitary and narco-trafficking groups to recruit victims, promising them employment, 

or other incentives, and then murdered them in order to increase their unit‘s number of 

combat kills. 

The Colombian government has taken these allegations seriously, setting up a 

special investigatory team, headed by the Prosecutor General. Then Minister of Defense 

Santos declared that the military would have ―zero tolerance‖ for any officers found 

culpable of crimes. After initially rejecting the allegations of military involvement, 

President Uribe publicly assured the Prosecutor General‘s Office autonomy to conduct 

their investigations. 

Judicial Proceedings in the Soacha Murders 

The Prosecutor General‘s Office has mounted an investigation into the Soacha 

murders, and at least 75 members of the Armed Forces have been implicated in the 

murders of the 13 victims. Five of those implicated – three colonels, a lieutenant, and a 

master sergeant – were among the 27 whom the Minister of Defense publicly dismissed 

in October 2008 (see section below). The Office has found that contact with the victims 

frequently took place in two commercial stores known as ―Los Costeños‖ and ―La Fonda 

Paisa.‖ The victims were contacted by recruiters who used liquor, hallucinogens, or 

promises of employment to lure young people to the locations, and sometimes exchanged 

them for payments (up to $10 million pesos in some cases, about $5,000 18 ). A detailed 

description of each of the 13 cases, and lists of the 75 members of the Armed Forces 

alleged to have been involved in the crimes, can be found in Annex I. These cases were 

also included in Annexes A and B. 

Despite progress in prosecutions, families of victims claim that they are 

increasingly vulnerable. In June 2009, Fernando Escobar, Human Rights Ombudsman 


UNCLASSIFIED

UNCLASSIFIED 

- 25 - 

for the Soacha area, reported that family members have received threats warning them 

not to pursue cases against the Armed Forces. UN Special Rapporteur for Extrajudicial 

Executions Alston reported on June 18 that the brother of a Soacha victim was shot and 

killed after he became active in pursuing the case, and the mother of the two men is now 

receiving threats. Alston says this crime is ―part of a common pattern.‖ High-level 

military officials have met with the families of the victims to jointly develop a response 

to the threats. 

Military Response to Soacha Murders 

Through Resolution 4342 (October 3, 2008), the Ministry of Defense created a 

special commission to analyze the operational circumstances in which the Soacha 

murders occurred and recommend corresponding administrative measures. The 

commission found a series of irregularities, as much in the development of the 

intelligence cycle as in the planning, execution, and evaluation of operational tactics and 

missions in the units involved, which facilitated the occurence of these abuses. 

Moreover, the commission faulted poor supervision of operations and the investigation of 

reports of human rights abuses by unit commanders. 

On October 29, 2008, President Uribe announced the dismissal of 27 Army 

officials for collusion in the Soacha murders. The dismissals included three generals 

(including two division commanders), four colonels, and several field and noncommissioned 

officers. The dismissal of senior officers under whose command the 

murders occurred is an unprecedented event, and indicated the seriousness of the crime 

and the Colombian government‘s response. The Ministry of Defense acted promptly to 

turn over evidence in the cases to the Prosecutor General‘s Office so that it could begin 

criminal proceedings against the 27. 

The following 27 members of the Armed Forces were dismissed in connection 

with the Soacha Massacre: 

1. Major General Roberto Pico Hernandez, Commander of the 7 th Division 

2. Brigadier General Jose Joaquin Cortes Franco, Commander of the 2 nd Division 

3. Brigadier General Paulino Coronado Gámez, Commander of the 30th Brigade 

4. Colonel Santiago Herrera Fajardo, Former Commander of the 15th Mobile 

Brigade 

5. Colonel Juan Carlos Barrera Jurado, Former Commander of the 14th Brigade 

6. Colonel Ruben Darío Castro Gómez, Commander of the 15th Mobile Brigade 

7. Colonel Carlos Bohorquez Botero, Chief of Staff for the 14th Brigade 

8. Lieutenant Colonel Diego Tamayo Hoyos, Commander of the 15 th Infantry 

Battalion 

UNCLASSIFIED

UNCLASSIFIED 

- 26 - 

9. Lieutenant Colonel Nestor Camelo Piñeros, Former Commander of the ―Batalla 

de Calibio‖ Engineering Battalion 

10. Lieutenant Colonel Wilson Ramírez Cedeño, Commander of the ―Batalla de 

Calibio‖ Engineering Battalion 

11. Lieutenant Colonel Wilson Castro Pinto, Former Commander of the ―General 

Rafael Reyes‖ Infantry Battalion 

12. Lieutenant Colonel Milton Ruben Varon, Former Commander of the ―Batalla 

de Bombona‖ Infantry Battalion 

13. Lieutenant Colonel Gabriel Rincón Amado, Operations Official from the 14 th 

Mobile Brigade 

14. Lieutenant Colonel Angel Alberto Acosta Vargas, Commander of the 14 th 

Service Battalion 

15. Major Carlos Gilberto Rodríguez M. (only initial given for last name), 

Intelligence Official from the 14 th Mobile Brigade 

16. Major José Ramos Baquero, Commander of the Counter Guerrilla Battalion 

from the 14 th Mobile Brigade 

17. Major (No first name given) Peralta Ramírez, Former Operations Official for 

the ―General Rafael Reyes‖ Infantry Battalion 

18. Major Nemesio López Díaz, Intelligence Official from the 14 th Brigade 

19. Captain Javier Alarcón Ávila, Intelligence Official from the ―General Rafael 

Reyes‖ Infantry Battalion 

20. Lieutenant Eduar Villany Realpe, Intelligence Official from the ―General 

Rafael Reyes‖ Engineering Battalion 

21. Vice First Sergeant Fredy Sotelo John, Former Intelligence Advisor for the 

―Batalla de Calibio‖ Engineering Battalion 

22. Vice First Sergeant Jesús Niampira Benadiz, Intelligence Advisor for the 

―General Rafael Reyes‖ Infantry Battalion 

23. Vice First Sergeant Fredy Perdomo Bonilla, Warehouse Worker for the Infantry 

Battalion of Santander 

24. Second Sergeant Cristian Castro Ojeda, Arms Warehouse Worker for the 

―Batalla de Calibio‖ Engineering Battalion 

25. Sub-Official Sandro Pérez Contreras, Intelligence Official for the Santander 

Infantry Battalion 

26. Second Sergeant Fernando Cano Gómez, Replacement in the ― Batalla de 

Bombona‖ Infantry Battalion 

27. Third Corporal Felipe Perdomo Polanía, Squadron Commander of the ―Batalla 

de Calibio‖ Engineering Battalion 

Following this, 24 other officials were dismissed under the Commander of the 

Armed Forces‘ discretional authority, bringing to 51 the total number of members of the 

UNCLASSIFIED

UNCLASSIFIED 

- 27 - 

Armed Forces dismissed in connection with the Soacha murders. 

Cooperation from Ministry of Defense on Extrajudicial Killings 

When the special commission‘s findings were made public on November 17, 2008, 

it made a series of recommendations to the Ministry of Defense on how to strengthen 

human rights protection within the Armed Forces: 

Revise the Application of Military Doctrine: A three-month review of military 

doctrine at the tactical level in order to verify the way it was being used, and to 

identify faults in intelligence, operational, and logistical proceedings (control and use 

of arms and munitions in particular); 

Revise Human Rights Training: Among other things, to establish a system for 

evaluating understanding of human rights; 

Create an Immediate Inspection Commission (CII): The CII would travel 

immediately to the location of complaints about human rights abuses or infractions of 

international humanitarian law and would analyze cases from an operational 

perspective in order to make recommendations to the Inspector on administrative and 

disciplinary actions, and any corresponding reviews of operational procedures; 

Reinforce Independence of Inspector Delegates: Create a diagnostic to identify 

methods for this, especially in clarifying their reporting relationship to the Inspector 

General‘s Office within the Ministry of Defense, and not to units to which they are 

assigned; 

Restructure Operational Judicial Advisors: Create a structural hierarchy for the 

advisors and ensure that they report through a Bogotá headquarters in order to create 

unity of criteria and independence for these positions; 

Strengthen Procedures for Authorizing Military Objectives: Ensure that approval 

is needed from the General Command of the Armed Forces before force is used 

against criminal organizations, implement periodic evaluation mechanisms of 

authorized uses of force, and ensure that the police maintain primary responsibility for 

defeating criminal organizations; 

Improve Performance Evaluation: Improve evaluation techniques to ensure that 

each unit is evaluated on its performance in accordance with predetermined objectives 

for the type of operation they are carrying out in accordance with the threat/hostility 

level in the area; 

Adjust ROEs: Put in place a system for applying ROEs that takes into account threat 

levels in the area; 

Establish Human Rights Certification: Establish a human rights certification 

course for all officials seeking promotion to Colonel or General; 

Strengthen Role of Judicial Branch: In compliance with Directives 10 and 19, 

UNCLASSIFIED

UNCLASSIFIED 

- 28 - 

increase presence by judicial officials (Prosecutor General‘s Office and Technical 

Investigative Body (CTI)) at the scenes of combat deaths; and 

Create Complaints System: Establish a system for receiving complaints of human 

rights abuses and ensuring connectivity with civilian agencies on these issues. Make 

public the claims reported to each division commander or regional police chief 

through periodic television appearances. This recommendation echoes that made by 

UNHCHR, and by the end of July 2009, seven such television appearances had taken 

place. The Armed Forces also established a human rights complaints office in each 

military unit and launched a national toll free number for human rights complaints. 

From these recommendations, on November 17, 2008, then Minister of Defense 

Santos and Commander of the Armed Forces Padilla announced 15 measures aimed at 

improving the human rights performance of the Armed Forces. On November 20, 2008, 

the General Command of the Armed Forces issued Permanent Directive Number 208 

giving special instructions to the military on implementing the 15 measures. The 15 

measures are as follows: 

1. Identify faults in the intelligence, operations, and logistics procedures (controls for 

weapons and ammunition use and storage); 

2. Review the application of the intelligence doctrine; 

3. Revise human rights training to establish and implement a Single Teaching Model 

(MUP) on human rights and International humanitarian law; 

4. Establish a human rights learning evaluation system; 

5. Organize command responsibility workshops in all military divisions and 

strengthen this subject in the training and instruction schools; 

6. Create an Immediate Inspection Commission (IIC) that will travel to different 

locations where complaints or accusations have been made about possible serious 

violations of human rights or breaches of International humanitarian law; 

7. Carry out the necessary coordination so that the Delegated Inspectors report 

directly to the Inspector General of the Armed Forces and deal exclusively with 

human rights and International humanitarian law issues; 

8. Organize a hierarchical structure for the Operational Legal Advisors; 

9. Ensure that Operational Legal Advisors report directly to the Directorate of 

Operational Legal Advice in each service; 

10. Ensure that the General Command of the Armed Forces decides which illegal 

armed organizations may be confronted by the Armed Forces using lethal force; 

11. Refine the system of evaluating military units to ensure that they are evaluated in 

accordance with meeting planned objectives for the different types of operations 

and the different levels of hostility of the threats in each jurisdiction; 

12. Put in place a differentiated ROE system; 

UNCLASSIFIED

UNCLASSIFIED 

- 29 - 

13. Establish a human rights certification system for all officers seeking promotion to 

Lieutenant Colonel or Brigadier General, based on a rigorous review of their 

records; 

14. Strengthen the legal accompaniment of operations by the Prosecutor General‘s 

Office and the Technical Investigation Unit (CTI), in accordance with Directives 

10 and 19 of 2007; and 

15. Establish, down to the tactical level, a human rights complaint reception system, 

and create a system of public and periodic accountability, ensuring an open 

dialogue with civil society. 

The Colombian government reports that, through the implementation of new 

training, oversight, and reporting structures, the Ministry of Defense has made progress 

on these 15 measures. A detailed description of progress on these 15 measures is located 

in Annex H. Highlights of progress include: 

On December 15, 2008, General Padilla announced the creation of the Armed 

Forces School for Human Rights, which opened in May 2009 in Tolemaida 

(Cundinamarca). The school will not only provide instruction in human rights 

to 99,780 soldiers, it will also house an interactive database called Compartel 

(communication structure for isolated populations) that civil society can use to 

present complaints of alleged violations of human rights. 

In May 2009, with the ICRC, the Armed Forces carried out workshops with the 

Second and Seventh Divisions on lessons learned from past human rights 

violations. Case studies provided the Divisions with models for how to respect 

human rights and international humanitarian law when carrying out their duties. 

The Army created a new Human Rights Department, under the command of a 

brigadier general and comprised of six directorates headed up by colonels. This 

department is in charge of the implementation of the Army‘s Comprehensive 

Human Rights and International Humanitarian Law Policy and serves as the 

collection point and clearing house for reports of allegations of human rights 

violations by military officials. 

The Ministry of Defense created the position of Operational Legal Advisor 

(AJO) to give commanders legal advice on the planning, follow-up, and control 

of operations from a human rights and international humanitarian law 

perspective. In February 2008, the Ministry of Defense created the Office of 

Doctrine and Legal Advice (ODA), which offers legal advice to all 

commanders on the ground, and develops operational legal doctrine that ensures 

human rights and international humanitarian law obligations are met during the 

execution of military operations. The Armed Forces has increased the number 

of active AJOs from 54 in 2008 to 92 in 2009: 73 in the Army, 7 in the Navy, 

UNCLASSIFIED

UNCLASSIFIED 

- 30 - 

and 12 in the Air Force. (See Section 7046(b)(i)(B)(iv) for more information 

on AJOs.) 

On May 22, 2009, the Ministry of Defense issued Directive 17, which lays out 

two sets of ROEs for the Armed Forces, one on combat operations, and one on 

security operations. The Directive also orders the implementation of a system 

for their application, and training on ROEs for all members of the Armed 

Forces. 

Through Directive 40, issued March 10, 2009, the General Command of the 

Armed Forces issued instructions for the organization and functioning of 

Inspector Delegates within the Armed Forces. Responsible for monitoring 

human rights and international humanitarian law issues, the Armed Forces 

appointed ten Inspector Delegates, who report directly to the Inspector General 

of the Armed Forces. 

Throughout the certification period, the Armed Forces continued to implement 

Directive 25, issued November 14, 2008, which created a national-level human 

rights complaint system with three methods for receiving complaints: human 

rights offices within military and police units, which must be easily accessible 

by the public; free public phone lines for reporting complaints; and special links 

on the web pages of the Armed Forces and National Police. The Directive also 

established a system for directing complaints so that they are brought to the 

attention of the proper judicial authorities, and are referred to the Inspectorate 

General of the Armed Forces Command so that administrative and disciplinary 

measures are taken. As of July 2009, seven television appearances had been 

made by division commanders and regional police chiefs to make public 

complaints received in their areas of responsibility. By presidential order, the 

appearances will continue into the second half of 2009. The UN High 

Commissioner for Human Rights and pertinent Colombian government 

agencies participate in this process. 

During the certification period, NGOs raised concerns that Directive 29, issued in 

2005, was providing incentives for extrajudicial killings. The Directive allows for the 

payment of rewards to informants for information leading to the capture or killing of 

members of illegal armed groups, and as such NGOs allege it was being used to pay 

members of the Armed Forces for ―fake‖ combat kills. However, the government 

maintains that its controls on the rewards system ensure that money is not paid to 

soldiers, only to civilians. Also, rewards were paid only in cases where information was 

given to the Ministry of Defense and the committee in charge of the Directive approved 

military action based on the information received. This meant that operations in which 

rewards were dispensed through Directive 29 had to be approved in advance; rewards 

could not be doled out after the fact, so it is highly unlikely that Directive 29 contributed 

UNCLASSIFIED

UNCLASSIFIED 

- 31 - 

to extrajudicial killings. That said, the United Nations and other organizations have 

raised concerns about other reward mechanisms – like promotions, awards, and days off 

for combat kills – that may have incentivized extrajudicial killings, and the government is 

working to address these concerns. 

The primary factors behind extrajudicial killings appear to have been informal, 

body count-based rewards systems and a lack of internal controls. Still, abuse and theft 

of ―gastos reservados,‖small intelligence funds controlled by brigade and battalion 

commanders, may have facilitated recruitment of victims in some cases. The Ministry of 

Defense has taken several steps to address these concerns, including the 15 measures 

issued by then-Minister of Defense Santos; Directive 300-38 from November 20, 2007, 

which emphasizes captures over kills as a primary criterion for evaluating military 

success; and a Human Rights Certification Program based on polygraph assessment and 

verification of operational history for all candidates for promotion to the rank of 

Lieutenant Colonel and above. 

Orders and Training on Human Rights 

Between June 16, 2008 and May 31, 2009, 19 the Ministry of Defense issued 48 

orders aimed at reducing the incidence of human rights abuses within its ranks. In 

addition, the Armed Forces conducted six seminars related to human rights; the Army 

held 18 courses and sent 32 people to six international courses on human rights; and the 

Air Force and Navy conducted training on human rights. A complete list of these orders 

and training is included in Annex K. 

Military Cooperation with Judicial Authorities 

The Colombian Armed Forces have continued to make progress in cooperating 

with civilian prosecutors and judicial authorities. The Minister of Defense continued to 

use the Coordinator of the Armed Forces‘ Group on Human Rights and International 

Humanitarian Law as its liaison with civilian authorities. The directors of the Human 

Rights Offices of the Armed Forces also liaised with representatives from the Inspector 

General‘s and Prosecutor General‘s Offices in their respective jurisdictions to ensure 

cooperation at regional and local levels. 

The Ministry of Defense continues to work with the civilian judicial authorities 

and international organizations to address extrajudicial killings. The high-level 

committee established through Directive 10, issued June 6, 2007, is chaired by the 

Minister of Defense, and includes members of both the civilian and military justice 

systems, UNHCHR, and the Inspector General, and starting in 2008, the ICRC joined the 


UNCLASSIFIED

UNCLASSIFIED 

- 32 - 

committee. The committee has improved communication between the military criminal 

justice system and civilian judicial officials. 

Per its 2006 Memorandum of Understanding (MOU) with the Prosecutor General‘s 

Office, the Ministry of Defense has been taking steps to ensure that the Prosecutor 

General‘s Technical Investigative Unit (CTI) carries out the legal inspection of bodies of 

individuals allegedly killed in combat. In 2008 and 2009, the Ministry of Defense 

reported that CTI was able to go to a ―great majority‖ 20 of the locations where combat 

deaths occurred. 

The Ministry of Defense‘s civilian leadership and senior generals have taken steps 

to ensure that investigations of alleged human rights violations are handled by civilian 

authorities instead of the military. The Human Rights Unit within the Prosecutor 

General‘s Office reports that, while far from perfect, cooperation with the Armed Forces 

on human rights cases has improved. Between July 2008 and May 2009, 21 the Military 

Penal Justice System transferred 560 cases to the Prosecutor General‘s Office, and the 

Prosecutor General‘s Office transferred to the Military Penal Justice System a total of 95 

cases. According to the Supreme Judicial Council (Consejo Superior Judicatura), as of 

May 2009, there were only six homicide cases pending decision on jurisdiction. 

However, despite this arrangement, inter-institutional rivalry and distrust have frequently 

led to dual investigations and a lack of coordination and cooperation between the two 

systems. For example, the UN Special Rapporteur on Extrajudicial Executions noted that 

some military judges obstructed the transfer of cases from the military to the civilian 

system. The rapporteur also criticized the government for the slow pace at which these 

cases have been transferred and investigated, as have many NGOs. 

The Ministry of Defense continued to take action to improve cooperation with 

civilian judicial authorities. Between June 16, 2008, and July 31, 2009, the Colombian 

Ministry of Defense issued the following orders related to this subject: 

Directive 208, issued November 20, 2008: Instructed the Armed Forces on proper 

implementation of the 15 measures, including cooperation with judicial authorities 

and responding to complaints of human rights violations. 

Directive 25, issued November 14, 2008: Created a system for receiving 

complaints of violation of human rights on the national level, as well as a system 

for addressing them and ensuring that the complaints are recognized by the 

20 ―Progress in Complying with the 15 Measures Adopted by the Ministry of Nationl Defence: November 2008 – May 2009, 

Colombian Ministry of National Defense, p. 30. 


UNCLASSIFIED

UNCLASSIFIED 

- 33 - 

pertinent civilian judicial authorities and notified to the Inspector General so that 

proper administrative and disciplinary measures can be taken. 

In addition to cooperating on judicial proceedings, during the certification period, 

the Armed Forces provided civilian judicial authorities access to the locations of combat 

deaths, ensured transport to remote locations, and assisted investigators in other ways. 

Below are a few examples: 

In Medellín, the Army‘s Human Rights Director responded positively to requests 

from the Prosecutor General‘s Office to assist displaced persons in Uraba and 

western Antioquia. 

In Bucaramanga, the Army assisted the Prosecutor General‘s Office with the 

transfer of documents and assistance to displaced persons through a difficult-toaccess 

zone. 

In Cucuta, the Armed Forces provided assistance to Local Prosecutor Number 72 

in terms of security and transport in rural areas to aid in the investigation of 

Prosecutor General‘s Office Case Numbers 4799 and 4815. Similar assistance was 

provided to Local Prosecutor Number 56 in Prosecutor General‘s Office Case 

Number 3258. 

In Neiva, Local Prosecutor Number 76 received protection in responding to 

displacement in Puerto Rico (Caquetá) for Prosecutor General‘s Office Case 

Number 4686. 

In Barranquilla, the Army has provided assistance to all of the local prosecutors, 

especially for Prosecutor General‘s Office Case Number 3456, which required a 

deployment to recreate the scene. 

In Cali, the Army has helped all of the local prosecutors by providing 

transportation to hard to reach rural zones. Also, in April 2009, the Army provided 

transport for CTI investigators to a combat area where displacement had occurred. 

In Villavicencio, the Army provided helicopter transportation to Local Prosecutor 

43 for Prosecutor General‘s Office Case Number 4191. 

In Bogotá, the Army and Police have helped prosecutors with protection, 

displacement issues, and apprehension of members of the Armed Forces suspected 

of crimes. In at least six cases, the Army and Police have helped prosecutors with 

meeting case requirements, locating documents, providing transportation, and 

protecting witnesses. 

UNCLASSIFIED

SECTION 7046(b)(1)(B)(ii) 

UNCLASSIFIED 

- 34 - 

Section 7046(b)(1)(B)(ii) of the FY 2009 FOAA requires a determination that: 

“The Colombian Armed Forces has taken all necessary steps to sever links with 

paramilitary organizations or successor armed groups.” 

The Colombian Armed Forces have continued to make substantial progress in 

severing links between military personnel and paramilitary units that did not demobilize, 

or new criminal groups. The Armed Forces cooperated with civilian judicial authorities 

to ensure the arrest, detention, and suspension of members of the Armed Forces alleged 

to have ties to these illegal armed groups. In turn, the Prosecutor General‘s Office and 

the Inspector General‘s Office investigated and prosecuted members of the Armed Forces 

alleged to have colluded with paramilitary units that did not demobilize. In Annexes A 

through D, there are lists of those members of the Armed Forces who have been 

suspended from the Armed Forces, or detained, indicted, or sentenced by the Prosecutor 

General‘s Office for such acts. 

During the reporting period, allegations emerged that members of the Armed 

Forces had colluded with paramilitary, criminal and narcotrafficking groups in the 

disappearance and murder of 13 young men from the Soacha neighborhood outside 

Bogotá. Both the Prosecutor General‘s Office and the Ministry of Defense have taken 

substantial actions to punish those involved and to prevent such occurrences in the future. 

Orders on Severing Links with and Combating Illegal Groups 

Between June 16, 2008 and July 31, 2009, the commander of the Armed Forces 

and the commanders of each military services issued two orders related to severing links 

between military personnel and paramilitary units and combating illegal armed groups: 

Directive 208 (issued November 20, 2008, by the Minister of Defense): 

Implemented the 15 measures adopted by the Ministry of Defense (see discussion 

of 15 measures in Section 7046(b)(1)(B)(i)). In this Directive, the Minister of 

Defense outlined the use of authorized force against criminal gangs, making clear 

that the National Police have primary jurisdiction over this effort. The National 

Police may – as necessary – request the assistance of the Armed Forces in 

combating criminal gangs, and the Directive creates an Assistant Group (―Grupo 

Asesor‖) whose job it is to approve the use and level of military assistance to the 

National Police. This group also determines the ROEs for each group, depending 

on the group‘s threat potential and organizational structure. The group convenes at 

the request of the Director of the National Police or the Armed Forces‘ Service or 

UNCLASSIFIED

UNCLASSIFIED 

- 35 - 

Division Commanders, when circumstances merit assistance to the National Police. 

Bulletin Number 6 (issued March 16, 2009, by the Commander of the Army): 

Reiterates the obligations of members of the Army regarding the principle of 

transparency. 

Combating Illegal Armed Groups 

The Colombian Armed Forces continue to make substantial progress in severing 

ties with paramilitary groups by actively targeting members of paramilitary groups that 

did not demobilize and new criminal groups. To improve these efforts, throughout the 

certification period, the Colombian Armed Forces continued to fortify military 

intelligence efforts, including coordinating intelligence among the interagency and 

conducting numerous military operations against paramilitary groups that refused to 

demobilize, and other illegal groups. During these operations, the Armed Forces 

captured or killed members of illegal armed groups and confiscated weapons, 

ammunition, vehicles, and money. In total, between June 16, 2008, and April 30, 2009, 22 

the Armed Forces killed 129 members of new criminal groups, and captured 1,779 

members of these groups. Also during the time period, the Armed Forces captured 1,735 

guns; 377,620 rounds of munitions of various types; 1,076 grenades; 543 pieces of 

communications equipment; 105 cars; 26 motorcycles; and 31 boats from these groups. 


UNCLASSIFIED

SECTION 7046(b)(1)(B)(iii) 

UNCLASSIFIED 

- 36 - 

Section 7046(b)(1)(B)(iii) of the FY 2009 FOAA requires a determination that: 

“The Colombian government is dismantling paramilitary networks, including by 

arresting and prosecuting under civilian criminal law individuals who have 

provided financial, planning, or logistical support, or have otherwise aided, abetted 

or benefited from paramilitary organizations or successor armed groups; and by 

returning land and other assets illegally acquired by such organizations or their 

associates to their rightful occupants or owners.” 

The Government of Colombia continued to dismantle paramilitary networks, 

including by arresting and prosecuting under civilian law individuals who have provided 

financial, planning, or logistical support, or have otherwise aided, abetted or benefited 

from paramilitary organizations or successor armed groups. The Colombian government 

has also taken steps to return land and other assets acquired by these organizations or 

their associates to their rightful owners, occupants, or to victims of paramilitary crimes. 

Since 2002, 31,748 paramilitary members have collectively demobilized. Of these, 

3,751 have been identified as potentially eligible to receive benefits under the JPP. Some 

NGOs dispute the number of paramilitary members that demobilized, arguing that the 

number is inflated and includes persons other than actual AUC members, and that many 

mid level commanders did not demobilize. Investigations under the Justice and Peace 

Law process, as well as by the Supreme Court, continue to generate information on links 

between paramilitaries, politicians, and security force personnel. Through this process, 

additional culprits – paramilitary members or other-wise – have been identified. Still, 

some organizations – including the OAS in its 12 th Quarterly Report – have expressed 

concern that institutional capacity and resource constraints limited progress under the 

JPP. 

The Government of Colombia also continued its efforts to dismantle criminal 

groups, which commit violence against civilians in Colombia. Unlike the paramilitary 

groups that demobilized, these new groups do not have a central structure objective, 

except as it supports their narcotrafficking and other criminal objectives, and lack any 

articulated political goals. NGOs have reported concerns regarding criminal activity 

undertaken by these groups, including threats and violence against human rights groups. 

Capture and Detention of Paramilitary Leaders 

The Government of Colombia took steps during the certification period to ensure 

the detention of former AUC leaders. After President Uribe‘s August 14, 2006, order for 

UNCLASSIFIED

UNCLASSIFIED 

- 37 - 

demobilized AUC leaders to surrender or lose benefits afforded under the Justice and 

Peace Law and face extradition, the majority of AUC leaders 23 surrendered. Following 

the May 2008 extradition of 15 former paramilitary leaders (described below), 18 

demobilized AUC leaders remain detained 24 at Itaguí maximum security penitentiary, 

Modelo de Barranquilla penitentiary, and La Picota maximum security penitentiary. 

With the extradition of these 15 leaders, NGOs have raised concerns that the 

former paramilitaries will not be able to fulfill their obligations under the JPP. However, 

U.S. and Colombian authorities have identified legal procedures for ensuring that 

Colombian legal authorities have access to the extraditees as needed. As of July 31, 

2009, all 15 extradited paramilitary members had elected to resume participation in the 

JPP. On approximately 36 occasions, the U.S. Department of Justice has facilitated the 

transmittal of voluntary confessions from approximately 10, and conducted interviews 

with approximately 12, of the former paramilitary leaders, in cooperation with the 

relevant Colombian authority (the Supreme Court or the Prosecutor General‘s Office). 

Because the extradited paramilitaries benefit from the protections inherent in the U.S. 

Constitution, they cannot be obligated to give testimony or otherwise participate in the 

JPP. As an incentive to participation, the Colombian government has told the extradited 

paramilitaries that if they participate, any sentence given under the JPP will run 

23 The 30 AUC leaders incarcerated at La Ceja detention center as of September 30, 2006 were: (1) Salvatore Mancuso 

Gómez (alias ―El Mono‖); (2) Ramón María Isaza (alias ―El Viejo‖); (3) Carlos Mario Jiménez Naranjo (alias ―Macaco‖); (4) 

Rodrigo Pérez Alzate (alias ―Julián Bolívar‖); (5) Iván Roberto Duque Gavíria (alias ―Ernesto Báez‖); (6) Ramiro Vanoy 

Murillo (alias ―Cuco Vanoy‖); (7) Hernán Giraldo Serna (alias ―Chamizo‖); (8) Francisco Zuluaga Lindo (alias ―Gordo 

Lindo‖); (9) Luís Eduardo Cifuentes Galindo (alias ―El Águila‖); (10) Edward Cobo Téllez (alias ―Diego Vecino‖); (11) 

Guillermo Pérez Alzate (alias ―Pablo Sevillano‖); (12) Jorge Iván Laverde (alias ―Pedro Frontera‖); (13) José María Barrera 

Ortíz (alias ―Chepe Barrera‖); (14) Arnubio Triana Mahecha (alias ―Botalón‖); (15) Uber Enrique Banquet Martínez (alias 

―Juancho‖); (16) Oliveiro Isaza Gómez (alias ―Terror‖); (17) José Baldomero Linares (alias ―Guillermo Torres‖); (18) Ovidio 

Isaza Gómez (alias ―Roque‖); (19) Luís Eduardo Zuluaga Arcila (alias ―Mac Giver‖); (20) Jhon Freddy Gallo Bedoya (alias 

―El Pájaro‖); (21) Nodier Giraldo Giraldo (alias ―El Cabezón‖); (22) Juan Carlos Sierra Ramírez (alias ―El Tuso‖); (23) 

Daniel Alberto Mejía Ángel (alias ―Danny‖); (24) Jesús Ignacio Roldán Pérez (alias ―Monoleche‖); (25) Narciso Fajardo 

Marroquín (alias ―Rasguño‖); (26) Diego Alberto Ruíz Arroyave (alias ―El Primo‖); (27) Diego Martínez Goyeneche (alias 

―Daniel‖); (28) Rodrigo Tovar Pupo (alias ―Jorge 40‖); (29) Freddy Rendón Herrera (alias ―El Alemán‖); and (30) Manuel de 

Jesús Pirabán (alias ―Pirata‖). 

24 The following 18 paramilitary leaders remain in detention in Colombia as of May 31, 2008: (1) Ramón María Isaza (alias 

―El Viejo‖) held in La Picota; (2) Rodrigo Pérez Alzate (alias ―Julián Bolívar‖) held in Itaguí; (3) Iván Roberto Duque 

Gavíria (alias ―Ernesto Báez‖) held in Itaguí; (4) Luís Eduardo Cifuentes Galindo (alias ―El Águila‖) held in La Picota; (5) 

Edward Cobo Téllez (alias ―Diego Vecino‖) held in La Picota; (6) Jorge Iván Laverde (alias ―Pedro Frontera‖) held in Itaguí; 

(7) Arnubio Triana Mahecha (alias ―Botalón‖) held in Itaguí; (8) Uber Enrique Banquet Martínez (alias ―Juancho‖) held in 

Modelo de Barranquilla; (9) Oliveiro Isaza Gómez (alias ―Terror‖) held in La Picota; (10) José Baldomero Linares (alias 

―Guillermo Torres‖) held in La Picota; (11) Luís Eduardo Zuluaga Arcila (alias ―Mac Giver‖) held in La Picota; (12) Jhon 

Freddy Gallo Bedoya (alias ―El Pájaro‖) held in La Picota; (13) Jesús Ignacio Roldán Pérez (alias ―Monoleche‖) held in 

Itaguí; (14) Narciso Fajardo Marroquín (alias ―Rasguño‖) held in La Picota; (15) Diego Alberto Ruíz Arroyave (alias ―El 

Primo‖) held in La Picota; (16) Freddy Rendón Herrera (alias ―El Alemán‖) held in Itaguí; (17) Manuel de Jesús Pirabán 

(alias ―Pirata‖) held in La Picota; and (18) Juan Francisco Prada Marquez (alias ―Juancho Prada‖) held in Modelo de 

Barranquilla. The following four paramilitary leaders are at large: (1) José María Barrera Ortíz (alias ―Chepe Barrera); (2) 

Ovidio Isaza Gómez (alias ―Roque‖); (3) Daniel Alberto Mejía Ángel (alias ―Danny‖); and (4) Vicente Cantano. 

UNCLASSIFIED

UNCLASSIFIED 

- 38 - 

concurrent with their sentence in the United States so that, after they complete their 

sentences in the United States, they will not face additional jail time when they return to 

Colombia. 

Efforts to Protect Victims 

As of March 2009, 25 the MOI&J‘s Protection Program had provided protection to 

10,716 people, including victims. This protection can include a cell phone, bodyguard, 

armored car, reinforced doors or windows, etc., depending on the needs of that person or 

group. The projected budget for the program in 2009 is $45 million. Still, NGOs and 

international organizations expressed concern that insufficient resources were being 

dedicated to protecting and supporting victims. Cognizant of the need to better protect 

the over 126,302 victims who have denounced paramilitary crimes, as was reported in the 

last certification, the MOI&J created an integrated protection program in Decree 3570 on 

September 18, 2007, incorporating the Ministry‘s program, the Prosecutor General‘s 

protection program, and protection provided by the police. Under this arrangement, the 

police now serve as first responders to threats; the MOI&J provide protection to victims‘ 

advocates and other vulnerable individuals; and the Prosecutor General‘s Office provides 

security for witnesses. 

Dismantling Paramilitary Leadership and Financial Networks 

The Government of Colombia continued to implement its September 29, 2006, 

decree, in furtherance of the Constitutional Court‘s decision on the implementing 

regulations of the Justice and Peace Law (Law 975 of 2005), which provides for full 

disclosure of individual and group crimes and obligates the former paramilitary members 

to give up licit assets if illicit assets are not enough to fully compensate the victims. 

Investigators in the Prosecutor General‘s Justice and Peace Unit are working to 

uncover and dismantle paramilitary leadership and financial networks. As was reported 

in the last certification, in March 2006, the Prosecutor General assigned the Justice and 

Peace Unit the responsibility for collecting voluntary statements (―versiones libres‖) from 

demobilized paramilitary members participating in the JPP. The Prosecutor General‘s 

Justice and Peace Unit began its work in early 2006 with 20 prosecutors and 150 criminal 

investigators, offices in Bogotá, Barranquilla, and Medellín, as well as satellite judicial 

police units in 20 other cities throughout the country. Recognizing that the Unit needed 

more staff, as was reported in the last certification, the Colombian government introduced 

a decree in spring 2008 that authorized the unit to triple its total size to 1,048 people. 

This tripling included 184 prosecutors (39 are senior members certified by the Superior 

Courts), 433 criminal investigators (283 of which are newly created positions), and 451 


UNCLASSIFIED

UNCLASSIFIED 

- 39 - 

assistant criminal investigators and administrative personnel (341 of which are newly 

created positions). The Justice and Peace Unit currently has 184 prosecutors, 433 

criminal investigators, and 410 assistants and other staff. This totals 1,027 people, 

slightly below the decree‘s goal number, but still insufficient to perform the tasks facing 

the Unit. 

Likewise, Colombian funding for the Unit remains insufficient to respond to the 

workload. Though increased from 2007 funding levels (10.2 billion pesos = $5.1 

million), the Unit‘s 2008 (15.0 billion pesos = $7.5 million) and 2009 funding levels 

(14.8 billion pesos = $7.4 million), 1.8 billion pesos ($900,000) of which is earmarked 

for a search project for the disappeared), must cover the personnel increase and 

infrastructure strengthening. This effectively makes these allotments a reduction over 

2007 levels. 26 While U.S. assistance does not provide direct support for salaries or the 

hiring of new prosecutors and investigators, the United States does continue to fund 

training and technical assistance to help build the capacity of the Justice and Peace Unit. 

Between January 2003 and December 2007, 31,748 paramilitary members 

collectively demobilized. As of April 30, 2009, 27 the MOI&J had called up 3,751 

demobilized paramilitary members to begin to fulfill the requirements of the JPP by 

listing their crimes, which could then be investigated and cross-referenced with victim 

testimony. The Colombian government had received complaints related to 25,591 

alleged crimes that affected 34,101 victims. Of the 3,751, 1,812 had begun the second 

phase of the JPP, confessing to and describing in detail each of their crimes during an 

oral voluntary confession. As of April 30, 2009, 28 these voluntary confessions had 

identified 9,712 crimes with 11,307 victims. For those that have not begun the voluntary 

confession process, the government has published their names and other identifying 

information in an attempt to get them to come forward. Those that do not come forward 

and give voluntary confessions will be excluded from the JPP. 

To improve coordination between government agencies with regard to victims 

participating in the JPP, on October 11, 2006 the MOI&J created the Inter-institutional 

Committee on Justice and Peace, which serves as the collection point for data on the 

participation of victims in this process. As of April 30, 2009, 29 over 211,850 victims had 

registered to participate in the JPP. Of these, 26,479 had participated in the voluntary 

26 All conversions calculated at 1 USD = 2,000 COP 




UNCLASSIFIED

UNCLASSIFIED 

- 40 - 

confession process by helping to develop questions, identify evidence, clarify facts, 

verify information given in testimony, etc. 

As of December 2008, 30 21,932 demobilized paramilitary members were engaged 

in the government‘s reintegration process, which provides services at the local and 

national level to help the demobilized become productive members of Colombian society. 

Once they enter the process, the demobilized are given a psychological profile, civic 

profile, and employment profile before a reintegration plan is developed for them. 

Reintegration plans include psychosocial attention, education, job training, and courses 

on civic responsibilities. 

On March 19, 2009, Bogotá‘s Superior Court issued the first (partial) conviction of 

a JPP participant in the four years of the process. The tribunal sentenced William Salazar 

(―El Loro‖) to 68 months in prison and a fine of 28 million pesos (approximately 

$14,000 31 ) for murder and extortion. The conviction came after the decision by the 

Prosecutor General‘s Office to allow partial convictions in the JPP. Prior to this decision, 

prosecutors were unable to seek convictions until the participant had completed his entire 

JPP testimony, which had been significantly delaying the conviction process. 

As former paramilitary members give statements about their criminal activities, the 

Prosecutor General‘s Office and other appropriate investigatory bodies – such as the 

Supreme Court, in the case of serving legislators – are following up on these allegations. 

The Government has provided additional resources to the Supreme Court to strengthen its 

investigative capability. 

To prepare for this process, the Justice and Peace Unit is administering an 

interagency database that links information on the demobilized paramilitary members to 

information on victims‘ claims and allegations against them or the groups to which they 

belonged. As of June 15, 2009, through the JPP the Unit had catalogued over 200,000 

victims statements, alleging over 40,000 crimes. 

Demobilized paramilitary members have testified to the existence of, and 

participation in, paramilitary support networks, including those who provided political 

and/or financial support. As of June 15, 2009, paramilitary testimony and other evidence 

had implicated 86 of Colombia‘s 268 congressional representatives as having 

paramilitary ties. Of these, four have been paroled (and have resigned), 33 are in jail, 33 



UNCLASSIFIED

UNCLASSIFIED 

- 41 - 

are under investigation but are not in jail, one is alleged to have ties but is not yet under 

investigation, and 15 have been acquitted. Additionally, 15 governors have been 

implicated (ten are in jail, three are under investigation, and two are alleged to have ties 

but are not yet under investigation); and 34 mayors have been linked to paramilitary 

groups (one is serving a sentence, 23 are in jail awaiting case resolution, one has been 

acquitted, eight are alleged to have ties but are not yet under investigation, and one is 

under investigation). In addition, a few former members of the executive branch are 

under investigation for alleged links to paramilitary groups. A list of some of those under 

investigation is included at Annex J. 

Testimony by paramilitary members through the JPP has enabled the Prosecutor 

General‘s Office to open, and re-open, cases against current and retired members of the 

Armed Forces. For example, on December 12, 2008, Prosecutor General Mario Iguaran 

authorized the opening of investigations into four former Army generals for alleged 

previous ties to the now demobilized AUC. Carlos Alberto Ospina (former commander 

of the Armed Forces), Julio Eduardo Charry (former Army commander in the Uraba 

region), Ivan Ramírez Quintero (former commander of the Army‘s 1 st Division), and Rito 

Alejo del Río (former commander of the 17 th Brigade) were all accused of connections to 

the AUC and were reportedly named in testimony (―versions libres‖) by former AUC 

leaders, including Salvatore Mancuso and Francisco Villalba. More information on the 

investigation and their arrests in included at Section 7046(b)(1)(B)(i). 

Seizure of Paramilitary Assets and Reparations to Victims 

Demobilized paramilitary members taking part in the JPP (in accordance with Law 

975 of 2005), are required to turn over all illicitly-obtained assets, which will be used to 

provide reparations to victims. Some human rights groups complain that the Colombian 

government has been ineffective in identifying and confiscating paramilitaries‘ illegally 

acquired assets. Voluntary delivery of assets by demobilized paramilitary members has 

not been significant. The Prosecutor General‘s Office has been slow to determine how to 

address this matter, both with respect to compliance with the JPP and asset seizure. That 

said, there are encouraging signs that the Prosecutor General‘s Office has begun to take 

steps to seize assets (see list below of seizures during the certification period). Asset 

seizure is complicated by (a) difficulty in reaching some areas where the assets are 

located, and (b) the fact that the majority of the assets belonging to participants in the JPP 

are bogged down in embargoes, utility debts, and taxes, which, in most cases, exceed the 

value of the asset. Conflicting claims among different groups of displaced persons are 

also an issue, especially given the lack of land titling in some areas. 

The Prosecutor General‘s Asset Forfeiture and Money Laundering Unit has 

increased its efforts to seize and forfeit properties from some of the demobilized 

UNCLASSIFIED

UNCLASSIFIED 

- 42 - 

paramilitary leaders and other terrorist and criminal leaders, who are not part of the JPP, 

as part of ongoing criminal investigations and asset forfeiture in criminal cases. In these 

cases, the Unit coordinates its efforts with the Justice and Peace Unit. As of April 30, 

2009, 32 32 former paramilitary members had surrendered 335 plots of land or estates; 43 

business establishments; 15 companies; 45 vehicles; six boats; 4,547 animals; 1.5 billion 

in Colombian pesos (about $750,000 33 in U.S. dollars) of stocks and cash; and various 

merchandise to the Prosecutor General‘s Office as part of the JPP. Specific seizures that 

took place since the last certification are: 

1) Segundo Otoniel Hoyos Pérez (alias “el Cabo Rivera” or “el Enano”) – Elmer 

Cárdenas Bloc 

One vehicle, confiscated on July 31, 2008 (value unknown) 

2) José Balomero Linares Moreno (alias “Guillermo Torres”) – Porra de 

León, El Colorado, Meta and Vichada Fronts 

House located in the city of Villavicencio, confiscated on July 31, 2008 

(value unknown) 

3) Carlos Mario Jiménez Naranjo (alias “Macaco”) – Central Bolívar Bloc 

Rural estate called ―Hacienda la Esperanza‖ located in the district of Las 

Mojosas, Piamonte, in the municipality of Cáceres (Antioquia), confiscated 

on August 12, 2008 (value being determined) 

4) Southern Front in Putumayo, Demobilized of the Central Bolivar Bloc 

One vehicle in poor condition, confiscated on August 20, 2008 (valued at 6 

million Colombian Pesos) 

5) Narcisco Fajardo Marroquín (alias “Rasguño”) – Cundinamarca Bloc 

10 million Colombian Pesos in cash, confiscated on September 26, 2008 

6) Manuel Antonio Vegas 


7) Raul Rojas Triana (alias “Caparrapo”) – Cundinamarca Bloc 




UNCLASSIFIED

UNCLASSIFIED 

- 43 - 

8) Carlos Iván Ortiz (alias “Martillo” or “Pobre Martillo”) – Cundinamarca Bloc 


9) José Mauricio Pulido Hernández (alias “el Trompo”) – Cundinamarca Bloc 


10) Salvatore Mancuso (alias “el Mono”) – Catatumbo Bloc 

Rural plot of land (―Finca La Providencia‖) located in Lorenzo, Tierralta 

(Córdoba), confiscated October 8, 2008 

Rural plot of land (―Finca Viscaya‖) located in Lorenzo, Tierralta 


Two rural plots of land (―Finca Esperanza I‖ and ―Finca Experanza II‖) 

located in Santa Marta, Tierralta (Córdoba), confiscated Octboer 13 and 11, 

2008, respectively 

Rural plot of land (―Mi Refugio‖) located in Santa Marta, Tierralta 


11) Fredy Rendón Herrera (alias “El Alemán”) – Elmer Cardenas Bloc 

Title value and checking account, confiscated October 9, 2008 (valued at 

10.3 million Colombian Pesos) 

12) Nelson Reyes Guerrero (alias “Jhony” or “Perro Sonso”) – Héroes de los 

Llanos Bloc 

4 million Colombian Pesos in cash, confiscated on November 11, 2008 

13) César Augusto Botero (alias “Flecha”) – Madgalena Medio Self Defense Bloc 

House located in the Mercedes district of the municipality of Puerto Triunfo 

(Antioquia) (value unknown), confiscated February 27, 2009 

Plot 18 in El Diamonte in the municipality of Puerto Triunfo (Antioquia) 

(value unknown), confiscated February 27, 2009 

14) Alirio de Jesús Quicha Duque 

Vehicle in good condition, confiscated March 2, 2009 (valued at 10.1 

million Colombian pesos) 

15) Luís Alberto Gómez Mejía (alias “Garra Negra”) – Madgalena Medio Self 

Defense Bloc 

1 million Colombian Pesos in cash, confiscated on March 20, 2009 

UNCLASSIFIED

UNCLASSIFIED 

- 44 - 

16) Benjamín Parra Cárdenas (alias “el Flaco,” “Vizajazo,” “Duvan Felipe,” or 

“Cony”) – Héroes de los Llanos Bloc 

3.5 million Colombian Pesos in cash, confiscated on April 29, 2009 

There remains a dispute regarding which Colombian government entity is 

responsible for the management of seized properties pending forfeiture. The Prosecutor 

General‘s Office had turned properties over to the Reparation Funds (―Fondos de 

Reparacion), which is monitored by the National Reconciliation and Reparations 

Commission (CNRR) as well as to the National Drug Directorate (Dirección Nacional de 

Estupafacientes‖ – DNE). Concerns remain about the management of these assets, 

expediting forfeiture, and reparation of victims. Since most seized paramilitary assets 

have to be consolidated into a suitable form for distribution, providing reparations to 

victims is taking longer than anticipated. The Department of Justice is working with the 

Prosecutor General‘s Office and the DNE to expedite seizures and improve management 

of assets. 

The U.S. Agency for International Development continues to work with the CNRR 

to develop procedures for identifying victims for the Victims‘ Reparations Fund so that 

they can receive reparations once the assets are consolidated. The CNRR has increased 

its presence, and to date, has ten regional offices around Colombia. CNRR uses its 

regional offices to support victim outreach programs and consult with victims‘ 

organizations. CNRR is also working with the U.S. government to design and develop a 

inter-agency database for victims, to allow for case follow-up and access to security 

measures. 

Following the administrative reparations decree signed April 22, 2008, the 

Colombian government began providing individual reparations on July 5, 2009. These 

reparations provide monetary compensation to victims of paramilitary violence. The 

program, which is a supplement to judicial reparations, allows for $4,550 to $8,550in 

compensation, depending on the crime that was committed. Thus far, 230,000 victims 

have applied to receive administrative benefits. The GOC plans to pay administrative 

reparations to 12,000 victims by the end of 2009, and all registered victims by 2019. 

Victims have until April 22, 2010, to register. 

Combating Emerging Criminal Groups 

The OAS Verification Mission noted progress in demobilizing and disarming the 

AUC, but urged that events following this – such as the appearance of new illegal armed 

groups – required urgent government attention. According to the OAS, these groups 

appear to be comprised of mid-level paramilitary members that did not demobilize; 

demobilized individuals who have returned to a life of crime; and new recruits. 

UNCLASSIFIED

UNCLASSIFIED 

- 45 - 

However, these groups lack the political motivations and national structure of the 

previous paramilitary groups. In its 11 th quarterly report, the OAS Verification Mission 

noted that while it is evident that these new criminal groups are developing a criminal 

profile linked to drug trafficking, there is no evidence of counterinsurgent actions that 

would link these groups to paramilitary concepts and actions. In fact, in some cases, 

these groups are making alliances with the FARC and ELN in order to pursue their 

criminal ventures. 

In his initial findings, released June 18, 2009, the UN Special Rapporteur on 

Extrajudicial Executions Philip Alston voiced concern over the high rate of killings by 

illegal armed groups. He criticized the government‘s failure to confront the ―resurgence‖ 

of former paramilitaries in illegal groups, arguing that the phenomenon should not simply 

be addressed as criminal activity. He censured the ―alarming level of impunity‖ for 

former paramilitaries and called for swift investigation and prosecution of extrajudicial 

killings and other human rights violations by new criminal groups. 

During the certification, several threats were reported, allegedly by these new 

groups. For example, in mid-February 2009, fliers calling for ―social cleansing‖ of drug 

dealers and users, prostitutes, and criminals began appearing in Medellín. In March 

2009, the fliers began appearing in 20 other cities throughout Colombia. In addition, 

pamphlets in Bogotá threatened employees of the Human Rights Ombudsman‘s Office 

(Defensoria) calling them ―snitches‖ and ―targets.‖ In only two regions were the fliers 

signed by organizations: in Sucre by ―Juan Carlos Luna Correa,‖ the presumed leader of 

the Aguilas Negras in Bolívar, and in Barranquilla by ―the Organization,‖ a group 

unknown to Colombian authorities. 

The Colombian government is taking action to investigate these threats and to 

provide protection as warranted, but the presence of the groups is troubling. President 

Uribe publicly offered a reward for information on the fliers, and urged citizens to tear 

them up. Colombian National Police (CNP) Commander General Naranjo promised 

protection to any individual directly threatened. 

The Colombian government has undertaken a concerted effort to capture leaders 

and members of illegal armed groups, some of whom are paramilitary members who 

refused to demobilize. One of the biggest developments during the certification period 

was the April 15, 2009, capture of illegal armed group leader and narcotrafficker Daniel 

Rendón Herrera (former paramilitary leader alias ―Don Mario‖), for whom the 

government had been offering a reward of five million Colombian pesos (approximately 

UNCLASSIFIED

UNCLASSIFIED 

- 46 - 

$2,500 34 ). Rendón Herrera was captured by the Judicial Police (DIJÍN) in a rural zone in 

the Necoclí municipality of Urabá (Antioquia). In addition to Rendón Herrera, during the 

certification period, the Colombian Armed Forces captured several other important 

leaders of emerging criminal bands: 

1) Jorge Eliécer Ruíz Velásquez (alias “Kenet”) 

Captured July 18, 2008 

Principal Leader of the criminal gang of ―Los Paisas‖ 

2) Jacinto Nicolás Fuentes Germán (alias “Leo”) 


Principal Leader of the Criminal Gang ―Sur del Bolívar or ―Águilas Negras‖ 

3) Jorge Luis Villadiego Meza (alias “Pablo Angola”) 


Second Leader of the Criminal Gang ―Sur del Bolívar‖ or ―Águilas Negras‖ 

4) Félix Alberto Villa Valderrama (alias “Carepollo) 

Captured August 9, 2008 

Second Leader of the Criminal Gang ―Águilas Negras of Antioquia‖ 

5) Jorge Eliécer Ocampo Morales (alias “El Bogotano”) 

Captured September 17, 2008 

Principal Leader of the Criminal Gang of Urabá in Apartadó 

6) Luis Arnulfo Tuberquia (alias “Memín”) 

Captured August 28, 2008 

Principal Leader of the Criminal Gang ―Águilas Negras‖ of Antioquia. 

7) Manuel Arturo Salomón Rueda (alias “JL”) 

Captured October 4, 2008 

Logistical Leader, financer and confidant to alias Don Mario 

8) Reinaldo de Jesús Tuberquia (alias “Mauicio”) 

Captured November 7, 2008 

Principal Leader of the Criminal gang ‗Águilas Negras‘ of Antioquia 


UNCLASSIFIED

UNCLASSIFIED 

- 47 - 

9) José Vicente Rivera Mendoza (alias “Soldado”) 

Captured November 30, 2008 

Second Military Ringleader of the Criminal Gang ERPAC 

10) Luís Eduardo Almeida Díaz (alias “Santa Rosa”) 

Captured January 27, 2009 

Principal Leader of ―Nueva Generación‖ 

11) Yimi Moreno Escobar (alias “Turbo”) 

Captured March 20, 2009 

Boss of Hired Killers from Los Rastrojos‖ 

12) Gennie Alberto Moreno (alias “El Cucho”) 

Captured April 3, 2009 

Principal Leader of ―Los Rastrojos‖ in the Department of Nariño 

13) Daniel Herrera Rendón (alias “Don Mario”) 

Captured April 15, 2009 

Principal Leader of Criminal Gang 

The Colombian government has two mechanisms for the coordination, execution, 

and verification of efforts against illegal armed groups, one through the Vice President‘s 

Office, and the other through the National Police. In 2007, the government created a 

committee – under the direction of the Vice President‘s Office – to design and monitor 

Colombia‘s strategy to combat these groups. The following agencies/organizations 

participate in this committee: the OAS/MAPP, the Vice President‘s Human Rights 

Program, the Prosecutor General‘s Office, the Department of Administrative Security, 

and top levels of the National Police and Armed Forces. 

The second mechanism, called the Integrated Center of Intelligence Against 

Criminal Groups (CI2), is run under the leadership of the National Police, and has two 

tasks, developing both national and regional strategies for combating illegal armed 

groups. It focuses on Santa Marta, Medellín, Cali, Villavicencio, Cúcuta, and 

Barrancabermeja. The CI2‘s task is to evaluate information related to criminal bands 

with the goal of identifying the heads of their organizations, orienting actions against 

their structures, and taking steps to thwart the growth of these groups. The CI2 also has 

technical, anticorruption, and judicial working groups. To date, the CI2 has met 37 

times, with the participation of delegates from the Financial Analysis Unit of the Ministry 

of Treasury, the Prosecutor General‘s Office, the OAS Verification Mission 

UNCLASSIFIED

UNCLASSIFIED 

- 48 - 

(OAS/MAPP), the High Commissioner for Reintegration, the Ministry of Defense, the 

Department of Administrative Security, the Army, the Air Force, the Joint Intelligence 

Agency, and the following units within the National Police: Carabineros Division, 

Criminal Investigative Division, the Intelligence Division, and the Anti-Kidnapping and 

Anti-Extortion Division. 

UNCLASSIFIED

SECTION 7046(b)(1)(B)(iv) 

UNCLASSIFIED 

- 49 - 

Section 7046(b)(1)(B)(iv) of the FY 2009 FOAA requires a determination that: 

“The Government of Colombia is respecting the rights of Colombia’s indigenous 

and Afro-Colombian communities, and the Colombian Armed Forces are 

implementing procedures to distinguish between civilians, including displaced 

persons, and combatants in their operations.‖ 

Overall, the Colombian government is respecting the rights of Colombia‘s 

indigenous and Afro-Colombian communities. The Armed Forces are implementing 

procedures to distinguish between civilians, including displaced persons, and illegal 

armed groups during their operations. There were reports of abuses by members of the 

Armed Forces against these communities during the certification period, but these reports 

were not indicative of government policy, and government actions during the certification 

period were specifically aimed at eliminating such abuses. Nonetheless, as the UNHCHR 

pointed out in its 2008 report, indigenous and Afro-Colombian communities are groups 

most vulnerable to human rights abuses by all armed actors due to the strategic 

importance of the land they inhabit, and their historic marginalization within Colombian 

society. 

By law, Afro-Colombians have collective ownership of five percent of Colombia‘s 

land. Indigenous groups, though smaller, have collective ownership of 30 percent. 

NGOs allege armed groups have forced Afro-Colombian communities off their land, 

resulting in that ethnic group constituting an estimated one third of displaced persons in 

Colombia. These groups cite similar occurrences with regard to indigenous communities. 

They also allege that the Armed Forces fail to consult with indigenous and Afro- 

Colombian groups regarding projects that would affect them, and that security forces 

have committed extrajudicial killings, and detained arbitrarily, and inaccurately identified 

individuals in these groups as guerillas. Still, indigenous and Afro-Colombian groups 

continue to be particularly affected by the armed conflict because of their location in 

strategic areas, such as narcotrafficking corridors and coca cultivation areas. The Armed 

Forces are concerned about actions taken by illegal armed actors to infringe on the rights 

of these communities and has taken steps to protect these groups, though these actions are 

not always welcomed by the communities. 

Vice President Santos announced the recommendations of the Afro-Colombian 

Inter-Sectorial Commission on May 29, 2009. For the previous year and a half, the 

Commission met with over 4,000 representatives from Afro-Colombian communities 

throughout the country. He underscored the Colombian government‘s commitment to 

UNCLASSIFIED

UNCLASSIFIED 

- 50 - 

further inclusiveness within Colombian society and his intent to enforce laws already in 

place to encourage diversity. The Commission‘s principal recommendations were to 

increase political representation by encouraging political parties to select Afro- 

Colombian candidates; create incentives to improve access to public and private 

education including through affirmative action; seek participation of Afro-Colombians in 

the labor market; require inclusion of minority-owned businesses in government 

procurement; foster entrepreneurship amongst the Afro-Colombian population; and create 

tax incentives for private-sector companies that develop diversity policies; and increase 

inclusion of Afro-Colombians in government and the Armed Forces. As of July 2009, 

the Colombian government was working with Colombian legislators on a bill to codify 

the recommendations. 

The Ministry of Defense continued to implement its ―Integrated Policy of Human 

Rights and International Humanitarian Law,‖ which commits the military to provide 

special treatment to indigenous, Afro-Colombians, internally displaced persons (IDPs), 

and other vulnerable groups such as human rights activists and trade unionists. With 

regard to indigenous groups, the policy includes dedicated liaison officers to respond 

quickly to complaints, respect for sacred places through careful mapping of these sites, 

and compensation for any damages. The policy also calls for the Armed Forces to 

establish similar permanent lines of communication with Afro-Colombian communities. 

With respect to displaced persons, the policy dictates that the military must take 

preventative measures to avoid displacement in the course of military operations, 

facilitate processes of return, and protect displaced persons and their property. 

Security Situation for Indigenous Groups 

Colombia‘s approximately 102 indigenous groups make up approximately three to 

seven percent of the population. 35 Over one third of Colombia‘s territory (30 million 

hectares) is dedicated to indigenous reserves (land collectively titled to indigenous 

communities). The departments with the highest indigenous populations are Vaupés (66 

percent), Guainía (65 percent), La Guajira (45 percent), Vichada (44 percent), Amazonas 

(43 percent), Cauca (21 percent) and Putumayo (21 percent). Unfortunately, illegal 

groups use many of these departments for criminal purposes, which in turn endangers the 

indigenous population in the area, requiring the Armed Forces to maintain a presence. In 

doing so, the Armed Forces take action against the illegal groups that threaten the 

security, and therefore the land and property rights, of indigenous groups. (For more on 

actions taken against illegal groups, see Section 7046(b)(1)(B)(ii) and (b)(2).) 

From 2002 to 2007, homicides of indigenous persons fell 63 percent, from a high 

35 Government and indigenous group counts differ. 

UNCLASSIFIED

UNCLASSIFIED 

- 51 - 

of 196 in 2002 to 163 in 2003, 85 in 2004, 49 in 2005, 45 in 2006, 40 in 2007. The 

government reported a 77 percent increase in homicides of indigenous persons between 

2007 and 2008, with 71 such homicides in 2008. This rate has increased alarmingly in 

the first quarter of 2009, with 42 homicides of indigenous persons reported between 

January and April 2009. 

Since 2002, the Colombian government has provided protective measures to 323 

indigenous persons belonging to 11 different communities. Beginning in 2004, the 

Colombian government had operated a Committee for the Regulation and Evaluation of 

Risk, specifically to attend to concerns of indigenous persons. Indigenous groups have a 

seat on this committee, which provides recommendations on protection measures for 

community members. 

Human rights groups estimate that indigenous persons make up eight percent of 

Colombia‘s displaced population, with 11,097 indigenous persons displaced in 2008 

according to Acción Social. As of June 2009, the government reports that 2,259 

indigenous were displaced so far this year. NGOs point out that many indigenous 

persons cannot flee due to the activities of the armed groups and are thus forced into a 

very precarious humanitarian situation known as ―confinement.‖ In such a situation, 

indigenous persons do not have adequate access to food, medicines and other 

commodities. On top of suffering the same fate as other IDPs, NGOs say that indigenous 

peoples‘ social fabric is destroyed by internal displacement since these communities have 

particular economic, cultural and social ties to their ancestral lands. For example, NGOs 

report that internal displacement is jeopardizing the cultural survival of the indigenous 

group Nukak Maku, a nomadic people in Guaviare. Out of a total remaining population 

of 500, already 200 of this group are internally displaced. 

In a January 2009 ruling, the Constitutional Court stated that indigenous peoples in 

Colombia ―are at risk of cultural or physical extermination by the armed conflict, and 

have been the victims of extremely grave violations of their individual and collective 

fundamental rights and international humanitarian law.‖ The Court declared that 34 of 

the country‘s 102 indigenous groups are facing a humanitarian emergency, and ordered 

the government to adopt safeguards to protect them, as well as guarantees for all 

indigenous communities. 

UN Special Rapporteur Report 

In his preliminary report, UN Special Rapporteur for the Rights of Indigenous 

People, James Anaya, who completed his trip to Colombia in July 2009, said that 

―Colombia‘s indigenous people find themselves in a serious, critical and profoundly 

worrying human rights situation.‖ Anaya visited the southwestern provinces of Nariño 

UNCLASSIFIED

UNCLASSIFIED 

- 52 - 

and Cauca, met with members of dozens of different indigenous groups in Bogotá, and 

received reports from the Colombian government, the local United Nations offices, and 

donor countries. In his preliminary report he stressed that the FARC is the foremost 

threat to the rights of indigenous people in Colombia. Anaya urged the security forces to 

respect indigenous peoples' autonomy and to negotiate with local authorities ―the 

conditions surrounding any necessary presence in their territories.‖ 

In terms of the government‘s response to the security of the indigenous, Anaya 

described the Early Warning System run by the Ombudsman‘s Office as ―an important 

mechanism for identification and prevention of violence against indigenous peoples.‖ He 

urged the Colombian government ―to ensure all necessary support for the effective 

functioning of these institutions, including implementation and funding of the early 

warning system.‖ With respect to the government's efforts, he said ―concrete steps‖ had 

been taken but there had been no ―concrete changes‖ benefiting indigenous people. 

Violence Against Members of Indigenous Groups 

During the certification period, cases of violence against members of indigenous 

groups by both members of illegal armed groups and members of the Armed Forces were 

reported. As of July 2009, ONIC claims it has documented 60 politically motivated 

killings of indigenous people. The organization reported 99 such killings in 2008. 

Violence by Illegal Armed Groups 

The FARC continued to commit acts of violence against indigenous groups, at 

times planting anti-personnel mines in indigenous territories, essentially turning many of 

these areas into minefields. Emerging criminal groups also committed violent acts 

against indigenous groups, causing displacement, and homicides were attributable to the 

groups during the certification period. While it is not possible to list every such incident 

in this certification, for descriptive purposes, below is a list of several incidents that 

occurred during the certification period. When known, government action on the cases is 

listed. 

Homicide of Marino Mestizo: Indigenous leader Marino Mestizo was killed by 

two masked gunmen on June 24, 2009, in Caloto (Cauca). Mestizo had reportedly 

received threats from illegal groups because he opposed cocaine laboratories on 

indigenous reservations. 

Homicide of Robert de Jesús Guacheta: Robert de Jesús Guacheta, Deputy 

Governor of the Honduras Indigenous Reserve in Cauca, was shot and killed on May 18, 

2009, by an unknown assailant. Guacheta was known for his tough stance against coca 

production and private sector investment. 

UNCLASSIFIED

UNCLASSIFIED 

- 53 - 

Displacement of Embera: In March 2009, fighting over lucrative drug routes in 

the area with the ELN‘s Cimarron Block, Los Rastraojos (a drug-trafficking group that 

includes some former paramilitaries) forced at least 420 Embera indigenous from their 

homes in March 2009 in Chocó. Acción Social (the Colombian government‘s Social 

Action Agency), the Colombian Red Cross, and Bienestar Familiar personnel assisted the 

victims. Community leader Norberto Guacori said one Embera man was shot in front of 

his family, and one woman was raped in the incident. 

Attack and Displacement of Awá: On February 4, 2009, the FARC murdered 

eight members of the Awá community in Nariño for allegedly collaborating with the 

military. Over 500 Awá fled following the attack, and the 1,000 that remained were 

confined to their homes because of continued threats from by the FARC. On February 

18, 2009, UNHCR commended the Colombian government‘s efficient coordination in 

distributing food and shelter to the displaced Awa, saying it should be a model for all 

cases of forced displacement. 

Displacement of the Wayuú: UNHCR notes that the Wayuú continue to be a 

group especially vulnerable to displacement due to pressure from illegal armed groups in 

the area. During the last two weeks of January 2009, about 100 members of the 

community fled across the border into Venezuela after being attacked on their territory by 

armed men, who burned down several of their houses and threatened to kill their leaders. 

Grenade Attack on Kankuamo: On December 31, 2008, a grenade from an 

unknown actor killed five members of the Kankuamo indigenous community in Atánquez 

(César). The press and NGOs speculated that the attack was carried out by new criminal 

groups, perhaps Don Mario‘s group, as these organizations were seen as trying to 

increase their control in the region. 

Homicides of Three Embera Chami: ONIC reported that on October 6, 2008, 

three Embera Chami were killed by men in black clothing and armbands from the 

criminal band the Black Eagles (―Aguilas Negras‖) in Riosucio (Caldas). ONIC said that 

the assailants killed Luz Marina Morales, 21, and Mauricio Largo Bañol, 61, near their 

homes. Later, the men killed Cesar Largo Alarcon and wounded his 70-year-old mother, 

Maria Angelica Alarcon, in a nearby rural area. 

Homicide of Governor Raúl Mendoza: On September 28, 2008, Raúl Mendoza, 

governor of indigenous Peñon de Sotará, was murdered by an armed man on a 

motorcycle in the neighborhood of ―La Conquista‖ in Popayán (Cauca). The Prosecutor 

General‘s Office has interviewed four people in connection with the murder, and on 

UNCLASSIFIED

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

UNCLASSIFIED 

- 56 - 

retired June 26, 2004 

On November 6, 2008, the Inspector General‘s Office removed Parada Luna from duty 

and barred him from public service for ten years. 

Homicide of Yajaira Cristina Nieves Oñate: On January 9, 2009, the Inspector 

General‘s Office brought disciplinary charges against five members of the Army for their 

alleged involvement in the homicide of Yajaira Cristina Nieves Oñate, a member of the 

Wiwa indigenous community, and injury to a minor, Betsy Cristina Nieves Oñate, on 

March 7, 2006, in the rural area of the municipality of Molino (Guajira). The Prosecutor 

General‘s Office has also opened an investigation. (Date of incident was not available.) 

(Inspector General‘s Office Case Number 155-149989-2006) 

(8) Army Sub Lieutenant Nixón Pabón Sandoval 

(9) Army Second Sergeant Samir Enrique Bravo Oviedo 

(10) Army Professional Soldier Andis Miguel Pacheco Lozano 

(11) Army Professional Soldier Nando Miguel Padilla Quintero 

(12) Army Professional Soldier Felipe Barriosnuevos Gutiérrez 


Detention and Homicide of Duglas Antonio Pérez Silvaja: On March 30, 

2009, the Inspector General‘s Office brought disciplinary charges against ten members of 

the Army for their alleged role in the arbitrary detention and subsequent death of a man 

from the Nasa indigenous community, Duglas Antonio Pérez Silvaja, on August 6, 2006, 

in the district of Villa de Leyva in Las Caramelitas de Puerto Asís (Putumayo). The 

Prosecutor General‘s Office has also opened an investigation. (Inspector General‘s 

Office Case Number 155-149991-2006) 

(13) Army Second Lieutenant Oscar Fernando Murcia Peña 

(14) Army Second Corporal Ronald Andrés Cárdenas Fajardo 

(15) Army Professional Soldier Nilvio Ivito Sancho 

(16) Army Professional Soldier Jarol Mauricio García Perdomo 

(17) Army Second Lieutenant José Yesid Chaparro Quintero 

(18) Army Second Lieutenant Abisaid Serrano Rincón 

(19) Army Second Sergeant Oscar Hernán Briñas Espitia 

(20) Army Second Corporal Carlos Alberto Beltrán Sarmiento 

(21) Army Second Corporal Robín Francisco Bustos Castrañeda 

(22) Army Professional Soldier Bleyner Salazar Quisicue 

Status: Notification of charges. 

Homicide of José Edwin Legarda Vasquez: 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 

UNCLASSIFIED

UNCLASSIFIED 

- 57 - 

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, 

UNCLASSIFIED

UNCLASSIFIED 

- 58 - 

was fatally shot on July 26, 2009, on a rural road between the towns of Pitayo and 

Jambalo. ONIC claims that the Army was involved, since he was allegedly later 

presented as killed in combat. Dagua was scheduled to meet with the UN Special 

Rapporteur for the Rights of Indigenous Peoples James Anaya later that same day. 

Injury to Three Civilians: NGOs report that on July 20, 2008, members of the 

Colombian Armed Forces shot at indigenous civilians Cristanto Cheche Campo, Amelia 

Estevez Vitucay and Wilson Tequia Tequia (minor) on the road from Quibdó to Medellin 

despite the family having informed the military that they were going to look for food. 

Amelia Estevez Vitucay escaped but was badly injured. 

Injury to 26 Civilians in Northern Cauca: According to NGO reporting, on July 

3, 2008, 26 indigenous people were injured by the National Police‘s Anti-Disturbance 

Squadrons (ESMAD – riot police) in Northern Cauca while cutting down sugar cane to 

sow subsistence crops. Among the wounded were three minors Francisco Ul Noscué, 

Eduardo Marino Tenorio and Diego Pazú, who were allegedly shot by members of 

ESMAD. While fleeing the scene, some of the 26 were injured by shards of glass from 

reconverted grenades. Aldemar Ramos del Resguardo Huellas lost the fingers on his 

right hand. 

Injury to Three Members of the Resguardo Munchique los Tigres: According 

to NGOs, on August 22, 2008, three members of the Munchique los Tigres indigenous 

community in Cauca (Luis Carlos Guasaquillo, Julio Diaz and Monika Diaz), were 

allegedly wounded ―while defending their territorial rights‖ by members of ESMAD. 

Luis Guasaquillo‘s arm had to be amputated because it was severely damaged by an 

explosive, allegedly thrown at him by the ESMAD. Julio Diaz was rendered 

unconscious, reportedly beat by Police who used machetes and sticks. Sixteen-year old 

Monika Diaz has a firearm wound from a weapon allegedly fired by the Police. 

Relations Between the Armed Forces and Indigenous Communities 

Though permitted under Colombian law, the presence of military personnel and/or 

equipment on indigenous lands at times creates friction between the Armed Forces and 

indigenous groups. NGOs report concerns about the presence of the Armed Forces on or 

near indigenous territory, not only because the communities may not have granted 

permission, but because they say the presence of the Armed Forces can draw in illegal 

armed groups, thereby bringing danger to the communities. 

The Armed Forces continue to take measures to improve their communication with 

indigenous communities; increase their own understanding of the land and property rights 

of these groups; and raise awareness among military planners regarding the impact of 

UNCLASSIFIED

UNCLASSIFIED 

- 59 - 

military operations on indigenous communities. The Ministry of Defense has issued a 

number of directives – most notably the Permenant Directive of 2006 – related to 

prevention and protection during displacements, including the need for special protection 

for vulnerable groups such as the indigenous. The ICRC continues to offer the Armed 

Forces advice on incorporating international humanitarian law into its theoretical and 

practical training programs. The United Nations High Commissioner for Refugees 

(UNHCR) also works with the Armed Forces to improve knowledge of rights of the 

displaced, with a special focus on the adverse impact displacement has on indigenous 

groups. Some 3,000 members of the Armed Forces participated in UNHCR-led 

workshops in 2008. 

The Armed Forces states it cannot provide notice for most military operations due 

to security considerations, but consults with leaders of indigenous communities when 

possible before entering land held by communities. Some groups, like the Arhuaco of the 

Sierra Nevada welcome the presence of the Army because it deters the FARC; however, 

the Arhuaco asked the Police to withdraw from its territory, which it did. 

The Cofán and Prior Consultation 

Indigenous groups cite international obligations 36 – accepted by the Colombian 

government – that require prior consultation with their communities if an action by the 

Armed Forces is going to affect the community. Some indigenous groups, like the Cofán 

in Southern Colombia, have appealed to the Inter-American Commission on Human 

Rights (IACHR) to require Colombian government compliance. As reported in previous 

certifications, the Santa Rosa Cofán indigenous community sent a letter of protest to the 

IACHR in November 2006 asking the Commission to require the Colombian government 

to consult with it prior to constructing a military facility 37 on a site called ―Finca 

Maraveles.‖ Finca Maravales is located three kilometers from La Hormiga, Valle del 

Guamuez (Putumayo), which the community claims as its land. However, the military 

argues that it acquired the land from a legitimate private owner, and, therefore, 

consultation with the Cofán before construction is not required. The Cofán in turn allege 

that the seller of the land held the title, but did not, in fact, have legal rights to the land 

since it was originally ancestral, sacred Cofán land. The Ministry of Defense says the 

military facility (for use by the Batallón Energético and Vial No. 9 from the 27 th Brigade) 

is critical for combating narcotrafficking and terrorist groups in the area. 

On May 7, 2008, the Colombian government sent a letter to the IACHR seeking an 

extension to the two month time-frame the Commission had given it to respond to the 

36 Through ILO Convention 169. 

37 Not a base, but a military installation with a capacity for up to 1,000 personnel. 

UNCLASSIFIED

UNCLASSIFIED 

- 60 - 

Cofán letter of protest. The Commission granted this request. The Ministry of Foreign 

Affairs contacted the Cofán the following week to seek a consultation time. However, 

the Cofán requested a meeting with the MOI&J and the Ministry of Defense, since the 

Cofán views these as the entities with authority on the issue. In response to this outreach 

by then-Minister of Foreign Affairs Araujo, the Cofán sent him a letter on May 27, 2008 

asking for: 

Plans for the construction of the facility, including details on construction methods 

(type of machinery, chemical agents to be used); 

An environmental impact study, including a study specifically on the impact of the 

construction on Cofán water sources; and 

A study of the political, cultural, social, and economic impact that the facility will 

have on the Cofán community. 

The Cofán leadership thanked the Minister for his outreach on the subject, but noted that 

any consultation that took place at this point could not be considered ―prior‖ as 

construction was already underway, and the Community had made its concerns known to 

the government in July 2006. 

On January 2, 2009, then-Minister of Defense Santos met with Cofán leadership 

and agreed to stop construction of military facilities until they reached an agreement. 

During this meeting, the Cofán leadership informed the Minister that part of the 

construction site covered an ancestrial burial ground. The Minister offered to set aside 

eight hectares to protect their burial ground. As of July 2009, there had been two 

meetings between the Colombian government and the Cofán community on this topic. 

Over the last two years, the Santa Rosa Cofán have occasionally met with local 

military commanders who have communicated with the group in an effort to build 

confidence between the community and the military in the area. For example, on 

February 20, 2008, Army Colonel Ricardo Marín, Commander of the 13 th Mobile 

Brigade, met with the Cofán leaders to discuss their concerns and offered to hold a 

dialogue with the community, but the Cofán refused, saying they are fearful of the 

military pre-patrol that would be required before Marín could enter the area. Distrust 

remains high between the Cofán and the military due to Cofán claims that, in the past, the 

military has uprooted medicinal herbs and left trash on the Cofán‘s land. The community 

is also concerned about pollution, both in terms of noise and to their water sources. It 

claims that waste from the facility is being discharged into the river that they use for 

fishing, drinking, and washing. The community fears that the military presence and 

checkpoints will increase unease within the community, and claims the presence of 

military personnel at the installation will lead to disorderly conduct and increased 

violence in the area. 

UNCLASSIFIED

UNCLASSIFIED 

- 61 - 

Mobility and Control of Waterways and Supply Routes 

Another source of tension between the Armed Forces and indigenous groups is the 

control of waterways and food supply routes. UNHCHR‘s 2008 Annual Report states 

that many communities in Chocó and Nariño, such as the Awa and Nasa, claim to suffer 

significant restrictions on their mobility due to conflict with these groups. 

In an effort to control these areas and routes and thereby secure them against the 

FARC, indigenous groups report that the Armed Forces, in effect, quarantine them and 

that they are therefore at times unable to get food and medicine needed by the 

community, or to transport other goods. For example, NGOs report that, in July 2008, 

restrictions placed on foodstuffs in Catrú (Chocó) by the Armed Forces destined for 

schools and infant breakfasts in the Resguardo of Catrú created a serious food shortage 

problem. According to NGOs, food crops were in short supply as some were lost to the 

dry season and others were stolen by illegal armed groups to feed their troops. The 

Armed Forces allegedly would not allow the food to enter the community as they said it 

would ultimately go to the FARC. NGOs report this worsened an already difficult 

malnutrition and disease situation for the community, leaving 75 children and adults in a 

critical condition. 

The Colombian government acknowledges that the Armed Forces do monitor the 

transport of foodstuffs into areas where the FARC and other illegal armed groups are 

active. This policy corresponds to the parameters of Protocol 1, Article 54 of the Geneva 

Convention of 1949. In particular, the government‘s policy acknowledges the neutrality 

of the civilian population and the necessity of providing sufficient access to food and 

mobility. To this end, the Colombian government has taken steps to provide food and 

other assistance to indigenous who are displaced by violence. For example, in 2009 in 

Chocó, the government spent 298 million 38 (approximately $149,000) for emergency 

assistance, including food, for 734 indigenous persons who were displaced in 2008 by the 

FARC and illegal armed groups. Additionally, the GOC worked with the ICRC to assure 

food security for the displaced persons. Between May 1 and 2, 2009, the 734 indigenous 

persons (166 families) returned to the Catrú (Chocó) reserve under the auspices of a 

project led by Acción Social with the assistance of numerous government agencies, the 

Army, local authorities, and indigenous leaders. 

Illegal armed groups also confine indigenous communities and restrict their food 

and supply routes. For example, NGOs report that confinement by illegal armed groups 

led to the transport of 17 children from the Tamahi del Alto Andágueda indigenous 

reserve in Bagado to Quibdó (Chocó) to hospitals on July 14, 2008, due to severe 

38 At conversion rate of 1 USD – 2,000 COP 

UNCLASSIFIED

UNCLASSIFIED 

- 62 - 

malnourishment, gastrointestinal diseases and tuberculosis. Another five children from 

this community had already died during the preceeding weeks from similar 

circumstances. On July 16, 2008, another 14 infants and 16 adults were transported to 

Quibdó for medical assistance. 

Government Outreach to Indigenous Groups 

The Colombian government continued to implement the ―Integrated Plan to 

Support Indigenous Communities with High Vulnerability and Risk for Disappearance,‖ 

which was approved by the National Council for Integrated Attention to Displaced 

Populations on June 13, 2006. The plan identifies institutional actions needed by all 

levels of government to attend to the grave situation facing these populations. During the 

certification period, the Colombian government developed two new action plans, one 

focused on helping the indigenous communities on the Paujil Reservation in the Iníurida 

municipality of the department of Guainía (the Puinaves, Piapocos, Sikuanis, and 

Curripacos); and one focused on helping the Amorua community in the Department of 

Vichada. The Colombian government also continued work on the 11 action plans 

developed during 2007, which focus on assisting groups in Arauca, Valle, Casanare, 

César, Risaralda, Guaviare, Córdoba, Guajira, and Chocó. In Arauca, for example, 

through the Municipal Committee for the Displaced in Arauca, the government 

performed a participatory assessment of the Jitnu community. 

The Colombian government also continued its outreach to indigenous communities 

identified as ―high-risk‖ through its ―Projects for Communities at Risk‖ program. Since 

2004, with support from the U.S. Agency for International Development (USAID), the 

government has worked with 43 communities at risk, of which 11 are indigenous, to 

develop action plans to improve the security of these communities, particularly with 

regard to protection of life and liberty. The beneficiary indigenous communities for this 

program are located in Tolima, Urabá, the Eje Cafetero, Córdoba, and Bajo Putumayo. 

In each of these communities, a risk evaluation diagnostic has been conducted that 

describes the specific threats faced due to the armed conflict, the vulnerabilities of each 

community, and strategies for addressing them. The program also developed action plans 

for coordinating with municipal authorities to mitigate risks faced by each community. 

The Colombian government continued the disbursement and implementation of the 

―Guidelines on Attention to Indigenous Populations with a Differential Focus,‖ through 

meetings of representatives of the National System for Attention to and the Prevention of 

Displacement (SNAIPD), both at the regional and national level, from the Department of 

Santander, Antioquia, Putumayo, Bogotá, Cundinamarca, Chocó, Nariño, Arauca, 

Caquetá, as well as NGO representatives and regional-level organizations. These 

representatives developed Departmental Unique Integral Plans (PIUs) focused on ethnic 

UNCLASSIFIED

UNCLASSIFIED 

- 63 - 

displacement. Between July 14-18, 2009, per the recommendation (Auto 092) of the 

Constitutional Court, the group convened to focus on the issue of displaced women. 

Resolving Conflicts 

The Colombian government also helped indigenous communities work toward 

finding solutions to conflicts with other groups and with companies operating in the area. 

For example, in La Guajira, the government helped the indigenous groups in the region 

with the conflict they were having with Venezuelan Petroleum Company PDVSA. As 

agreed to by Colombia, Venezuela, and Ecuador in 2003, PDVSA has been working 

since October 2007 to construct the Trans Caribe Antonio Ricaurte pipeline, which would 

run from Punta Ballenas (just northeast of La Guajira‘s capitol of Riohacha) to refineries 

in Maracaibo, Venezuela. 

Some indigenous communities complained that they were not included in the 

consultation process (―consulta previa‖). As a result, the Colombian government 

conducted an emergency evaluation study to determine whether these groups were 

entitled to participate in the consultation process, which determined that some of the 

communities in the ―impact zone‖ should have been included in the intial consultation. 

In August 2009, an inter-institutional committee is scheduled to visit the area to view the 

―impact zone‖ and to continue discussions with the communities in the area. 

Program to Guarantee the Rights of Indigenous Peoples Affected by Displacement 

In accordance with decisions by the Constitutional Court (Sentence T025, and 

Auto 004 of 2009), the Colombian government has mobilized various state entities to 

work together on the ―Program to Guarantee the Rights of Indigenous Peoples Affected 

by Displacement.‖ 

To safeguard indigenous communities, the Colombian government has developed 

mechanisms such as the Permanent Coordination Working Group (Mesa Permanente de 

Concertación), the National Commission on Human Rights, and the Regional Amazonian 

Working Group (Mesa Regional Amozónica). The Permanent Coordination Working 

Group was formed in response to a request from the Constitutional Court (Auto 004) and 

is aimed at identifying the resources – both financial and human – needed to meet the 

needs to design 34 plans to safeguard indigenous communities. On May 22, 2009, the 

Permanent Coordination Working Group met to develop a methodology for identifying 

these resources. The group agreed to meet again June 4, 2009, to develop a timeline for 

this effort, and again on June 12, 2009, to review the methodological process in order to 

modify Decree 1397 of 1996, which is what created the working group. 

On May 28 and 29, 2009, the Regional Amazonian Working Group met and agreed 

UNCLASSIFIED

to: 

UNCLASSIFIED 

- 64 - 

Hold a meeting with the Organization of Indigenous Peoples of the Amazon in 

Colombia (OPIAC), the National Hydrocarbon Agency, and the MOI&J on how to 

manage resources for the ―Integral Public Policy for the Amazonian Indigenous 

People of Colombia, and to define who would be the co-executors of those 

resources. 

Create a thematic commission composed of the OPIAC, Ministry of Social 

Protection, the Colombian Institute of Family Well-being (ICBF), and the Ministry 

of Culture to review five points from the departmental agreements on the elderly in 

the Amazon region. This commission met June 17, 2009. 

Hold a technical meeting between OPIAC and the Coordinator for Climate Change 

from the Ministry of Environment (MAVDT) on June 30, 2009, to discuss climate 

change in the context of international agreements. 

Form a technical commission with the UN Children‘s Fund (UNICEF), OPIAC, 

other indigenous groups, the MOI&J, Ministry of Education, Ministry of Social 

Protection, Ministry of Culture, and the ICBF in order to develop the agenda for 

the ―Public Policy on Indigenous Youth.‖ (Held at UNICEF on June 9, 2009.) 

Create a technical commission, comprised of indigenous delegates from each 

department in the Amazon region, to develop a dialogue and exchange on the 

Colombia-EU Free Trade Agreement. (Held June 12, 2009, at the Ministry of 

Industrial Commerce and Tourism.) 

Hold 23 meetings on socialization in accordance with Constitutional Court 

decision Auto 004 in the six Amazonian departments. Following that, the group 

agreed to hold six departmental meetings to discuss the findings of the 23 

meetings. 

Hold an Expanded Regional Amazonian Working Group, to include three 

delegates from each of the 56 Amazonian indigenous groups, in order to reach 

agreement on protocols for prior consultations presented by the Permanent 

Coordination Working Group. 

Protecting the Nukak Makú 

In accordance with the ―Integrated Plan to Support Indigenous Communities with 

High Vulnerability and Risk for Disappearance,‖ in Guaviare, to look at ways to assist 

the Nukak community, the local government included in its Municipal Development Plan 

of San José de Guaviare the issue of vulnerable indigenous groups at risk of extinction. 

The government has also created and strengthened the Municipal Indigenous 

Working Group of San José de Guaviare, which provides space for inter-agency 

coordination among indigenous and government authorities. Created in February 2008, 

UNCLASSIFIED

UNCLASSIFIED 

- 65 - 

the group met 13 times in 2008, and, as of June 2009, had held 3 sessions. During these 

meetings, indigenous and government representatives developed several intiatives on six 

topics. 

1) Food Security: The working group developed a Differential Food Menu 

(―Minuta Alimentaria Diferential‖), which includes the Nukak‘s traditional 

staples and incorporates flexibility with attention to food security and their 

mobility. This menu is currently being coordinated for implementation with 

the Colombian Insitute of Family Well-Being (ICBF) and Acción Social. 

The group also increased and made permanent the allotment of emergency 

rations for displaced Nukak, with agreements on timing for the arrival of 

those goods. The groups have agreed to monitor and assess food security 

projects implemented by Acción Social, ICBF, God is Love (CDA, a 

Christian NGO dedicated to working with impoverished and at-risk 

communities), and the Amazonic Institute of Indigenous Investigations 

(SINCHI), and created agreements with those agencies to ensure those 

projects would be sustainable and continuous. ICBF agreed to provide 

medical doctors, nutritionists, psychologists, social workers, and 

anthropologists to accompany the Nukak. 

2) Health: Through the working group, the government has organized the 

construction of of a health center in Maku, and improvements to four 

existing centers in Charras, Arawato, Tomachipan, and Mocuare. Health 

brigades were also organized, focused in these same four areas, to handle 

emergency situations. Potable water has been brought in to Aguabonita and 

Barracón, two principle locations of displaced Nukak in San José de 

Guaviare. 

3) Co-existence: A conflict resolution strategy has been implemented to 

improve relations between the Nukak, Guayaberos, and other residents in the 

zone. Cards have also been distributed to residents on the importance of 

cultural sensitivity. 

4) Territory and Mobility: Training has been given to members of the Armed 

Forces before transiting or performing operations near Nukak territory to 

increase awareness of the Nukak culture and to prevent stigmatization of the 

peoples. 

5) Protection of Minors: The government has provided technical assistance 

and advice on developing a decree to close chicharias (chicha shops) in 

order to protect the rights of youth in the area. 

UNCLASSIFIED

UNCLASSIFIED 

- 66 - 

6) Culture: Assistance has been provided through the Mayor‘s Cultural Fund 

to increase the ability of the Nukak to produce and commercialize their 

artisanal crafts. 

In addition, the President‘s Program for Human Rights and the Directorate of 

Indigenous and Minorities at the MOI&J, with the help of UNDP, has developed an 

action plan for responding to the needs of the Nukak Makú in a holistic sense (―Plan de 

Atención Integral y Diferencial‖). The government convened a group of experts in 

indigenous issues, and representatives of the Nukak community, to develop long-term 

strategies to ensure respect for ethnic diversity and the Nukak Culture. After meeting 

with members of the community, the experts developed the action plan and have met 

twice with the Vice Minister of Interior and the Directors of the President‘s Program for 

Human Rights and the Ministry of Interior‘s Directorate of Indigenous and Minorities in 

order to socialize the advances made to date on the plan, and to secure buy-in on its 

proposals in order to ensure its completion. 

Protecting the Awá 

According to the ONIC, the Awá have been particularly hard hit by internal 

displacement in the past two years. In November 2007, 1,400 Awá were displaced due to 

combat between the FARC and the Armed Forces. NGOs assert that displacement of the 

Awá has increased as a result of the presence of 400 coca eradication guards from the 

anti-narcotics police who were placed in the community, allegedly without prior 

consultation with Awá indigenous authorities. The groups say that the eradication guards 

have accused the leaders and community members of being guerilla collaborators. The 

Colombian government is working to prevent the displacement of and violence against 

the Awa through the Early Warning System and developing contingency plans for mass 

displacements. The government also provides humanitarian and development assistance 

to the community. 

The Colombian government notes that it has provided assistance for the displaced 

and that most of the community is registered as displaced. For example, when the FARC 

killed members of the Awa community in February 2009 in the municipality of 

Barbacoas (Nariño), 97 families were displaced from the Tortugaña Indigenous Reserve 

in Telembí. They ended up in Samaniego and El Diviso. The government immediately 

responded by sending a commission of experts that divided into teams to address needs in 

Samaniego, Ricaurte, and Barbacoas. Representatives from Acción Social remained in 

the area for 45 days, working to respond to the immediate needs of the population and to 

develop plans to mitigate future risk for the community. Following the displacement, 

Acción Social worked immediately to provide education, psychological assistance, and 

UNCLASSIFIED

UNCLASSIFIED 

- 67 - 

protection measures to displaced members of the community. This humanitarian 

mission, comprised of 12 members from the agency, and cost more than 126 million 

pesos, approximately $63,000 (personnel costs, inc. travel, equaled 29 million pesos, 

approzimately $14,500, emergency goods for displaced persons in the area equaled 97 

million pesos, approximately $48,500). 39 UN Deputy High Commissioner for Refugees 

L. Craig Johnstone commented after a visit with more than 300 displaced Awá in El 

Diviso on February 17, 2009, that the government‘s response to this group was 

commendable and should be the model in responding to all cases of forced displacement. 

On April 21, 2009, representatives from Acción Social, Unity of Indigenous Awa 

People (UNIPA), the Council of Awa Elders of Ricaurte (CAMAWARI), and 

Association of Indigenous People of Putumayo Awá (ACIPAP) met to discuss how to 

distribute government resources to fulfill the government‘s obligations under the ―Plan to 

Safeguard the Awa People.‖ At the meeting, UNIPA and CAMAWARI presented a 

proposal for 719 million pesos, approximately $359,500 40 , to perform a diagnostic and a 

series of internal assemblies to form an ―Ethnic Safeguard Plan.‖ After the MOI&J and 

Acción Social revised the proposal, UNIPA (which also represented ACIPAP) and 

CAMAWARI signed agreements with the government, and $128.5 million pesos, about 

$64,250, 41 was distributed to each of the two groups. 

Throughout 2008, under the coordination of the Governor of Nariño, the 

Colombian government continued to develop its ―Plan for Ethnic Development in Pacific 

Nariño.‖ The goals of this plan are to create the necessary development conditions for 

sustainable human habitats in the pacific region of Nariño through a focus on rights, 

gender, and ethnicity. During 2008, the government secured 333 million pesos, 

approximately $166,500, 42 in international support for the plan, principally from USAID, 

UNDP, UNODC, and Cooperación Cataluña. In addition, together with UNODC, the 

government also developed a plan to assist the Awá in the area (―Plan de Vida del Pueblo 

Awa‖). With the Pan-American Development Fund (FUPAD), the government is 

working on an agricultural development plan to develop the border with Ecuador for the 

benefit the Awá. The International Organization on Migration (IOM) has pledged help in 

the areas of health and medicine. The NGO International Solidarity has pledged to help 

develop small productive projects for the Awá. The UN has also pledged humanitarian 

assistance for the Awá in order to respond to the distinct violent situations of which they 

39 All conversions calculated at 1 USD = 2,000 COP 




UNCLASSIFIED

are victims. 

UNCLASSIFIED 

- 68 - 

The Awá were also part of USAID‘s Productive Ethnic Territories Project, begun 

in May 2008, which looks for alternative products that bring minimal level of 

development to Afro-Colombian and indigenous communities in Cauca, Nariño, and the 

municipality of Buenaventura. However, in late 2008 they decided to pull out of the 

project for security reasons. 

Training for the Armed Forces on Rights of Indigenous Persons 

Throughout 2008 and 2009, the Government of Colombia continued to develop its 

Program on Human Rights and International Humanitarian Law. With regard to 

indigenous communities, an intense training program continued for members of the 

Armed Forces, National Police, and government officials from the 10 departments with 

the highest indigenous populations. Participants included officers and members from 

brigades and battalions located in the following departments: Córdoba, Antioquia, 

Chocó, Cauca, Nariño, Magdalena, César, Guajira, Tolima, and Caldas. This training 

program is focused on human rights, international humanitarian law, and Colombian 

legislation as these relate to the country‘s indigenous populations. It includes five 

modules: Colombia‘s Indigenous Communities and Cultures; The State: Democracy and 

Responsibility; Judicial and Multicultural Pluralism; Human Rights and Indigenous 

Communities; and International humanitarian law and Indigenous Communities. 

As part of this program, and with participation from the Ombudsman‘s Delegate for 

Ethnic Minorities, from June 11, 2008, 43 to June 15, 2009, the Ministry of Defense 

conducted 19 regional workshops for the Armed Forces and local indigenous authorities 

on fortifying respect for indigenous communities, implementing instructions on the 

treatment of these groups and how to handle operations on territory belonging to 

indigenous communities, and increasing awareness and use of communication 

mechanisms that exist between these groups and the Armed Forces. These workshops 

were attended by 1,709 members of the Armed Forces. These workshops took place: 

1) Quibdó (Chocó) - June 11-13, 2008: Attended by 122 members of the Batallon 

Infanteria Manozalva Florez 

2) Cúcuta (Norte de Santander) – July 9-11, 2008: Attended by 169 members of the 

Grupo Mechanizado Maza 

3) Pasto (Nariño) – August 13-15, 2008: Attended by 101 members of the Batallon 

Infanteria Boyaca 

4) Mocoa (Putumayo) – September 10-12, 2008: Attended by 88 members of the 

43 Date range widened to include a workshop that was not included in the last certification. 

UNCLASSIFIED

UNCLASSIFIED 

- 69 - 

Vigesima Septima Brigada 

5) Ibague (Tolima) – October 22-24, 2008: Attended by 80 members of the Batallon 

Infanteria Jaime Rooke 

6) Rioacha (La Guajira) – October 8-10, 2008: Attended by 114 members of the 

Batallon Infanteria Cartagena 

7) Valledupar (Cesar) – November 5-7, 2008: Attended by 82 members of the 

Decima Brigada Blindada 

8) Villavicencio (Meta) – November 26-28, 2008: Attended by 74 members of the 

Batallon de ASPC Antonia Santos 

9) Rioacha (La Guajira) – March 13, 2009: Attended by 46 members of the Anti- 

Kidnapping Unit (―Gaula‖) Riocha 

10) Cali (Valle de Cauca) – March 26, 2009: Attended by 66 members of the Anti- 

Kidnapping Unit (―Gaula‖) Valle 

11) Rionegro (Antioquia) – April 1-3, 2009, Attended by 119 members of the Grupo 

Juan de Corral 

12) Bucaramanga (Santander) – April 10-11, 2009: Attended by 50 members of the 

Anti-Kidnapping Unit (―Gaula‖) Santander from the Batallon Ricaurte 

13) Tolima – April 23-24, 2009: Attended by 51 members of the Anti-Kidnapping 

Unit (―Gaula‖) Tolima from the Batallon Infanteria Rooke 

14) Caqueta – April 28-30, 2009: Attended by 98 members of the Batallon Ingenerios 

Liborio Mejia 

15) Montería (Sucre) – May 6-8, 2009: Attended by 153 members of the Batallon 

Infanteria Junín 

16) Nieva (Huila) – May 21-22, 2009: Attended by 48 members of the Anti- 

Kidnapping Unit (―Gaula‖) Huila from the Batallon Tenerife 

17) Putumayo –May 6-8, 2009: Attended by 129 members of the Batallon Infanteria 

Domingo Rico 

18) Cartagena (Bolivar) – May 4-5, 2009: Attended by 40 members of the Anti- 

Kidnapping Unit Bolivar from the Batallon Infanteria Marina 

19) Buga (Valle) – June 17-19, 2009: Attended by 79 members of the Batallon de 

Artilleria Palace 

To increase awareness on indigenous rights and issues, the Armed Forces has 

distributed to 2,000 of its members a card entitled ―Directory of Indigenous Issues.‖ This 

card lists all of the country‘s indigenous reserves and principal organizations, summarizes 

legislation related to indigenous issues, and describes other issues that are pertinent for 

the Armed Forces to be aware of with regard to indigenous communities. Plans are 

underway to distribute the card to an additional 10,000 members of the Armed Forces. 

UNCLASSIFIED

UNCLASSIFIED 

- 70 - 

Protests and the Return of Land to Indigenous Groups 

The government reported that rising land prices in Cauca have delayed it from 

meeting its final obligations under the Nilo Agreement of 1991 and prevented it from 

doing so under Decree 982 of 1999. However, the government has identified 

mechanisms to fulfill its obligations. 

Under the Nilo Agreement (signed in December 16, 1991, as compensation for the 

Nilo Massacre against the Nasa (Paeces) peoples), the Colombian government agreed to 

return 15,663 hectares of land to indigenous groups in the affected area. In October 

2005, the agreement was revised; the government agreed – with the consent of the 

indigenous groups – to allocate 10 trillion pesos ($5 billion) in 2007 and 10 trillion pesos 

($5 billion) in 2008 to purchase this land for the groups. As of the beginning of 2008, the 

government had purchased and returned 11,866 hectares of land, leaving 3,796 yet to be 

returned. At this point, the government realized that – due to rising land costs in Cauca 

(the price for 1 hectare had grown from 5 thousand pesos, approximately $2.50, to 17 

thousand pesos, approximately $8.50) – it would not be able to purchase the remaining 

land with the funding left in the 2008 budget. 44 

As such, the government met with the indigenous peoples of Cauca. They agreed 

to allow the government to purchase land in other Departments instead: Valle de Cauca, 

Putumayo, Caquetá, Huila and Tolima. A few weeks after this meeting, the government 

returned an additional 500 hectares and announced that the Department of National 

Planning had approved only 1.5 trillion pesos (about $750 billion 45 ) for land purchasing 

under the agreement in 2009 due to the financial crisis facing the country. Indigenous 

groups were outraged at this announcement. The Ministry of Interior met with 

representatives from the Cauca indigenous communities and pledged to seek additional 

resources from other government sources and assured the groups that the government‘s 

obligations under the agreement would be met. Following this, in October 2008, the 

MOI&J announced that it had identified 8 trillion pesos (about $4 billion 46 ) that it would 

be reprogramming to purchase land, which should allow the obligations of the agreement 

to be fulfilled. In May 2009, the MOI&J turned over an additional 482 hectares of land 

to the indigenous Paez community per the terms of the Nilo Agreement. This brings the 

total hectares returned to 13,128. The Colombian government expects to be able to reach 

the required 15,663. 




UNCLASSIFIED

UNCLASSIFIED 

- 71 - 

Under Decree 982 of 1999, the Colombian government declared a social 

emergency in the indigenous communities in Cauca, created a commission dedicated to 

indigenous policy, and agreed to return a little over 8,000 hectares of land to these 

groups, 1,000 of which would be titled in Caldoto (Cauca). This decree was a bit 

different than the Nilo Agreement since, in this case, the government decided which 

lands to buy and title. 

The government notes, with regard to this decree, that, since 1996, indigenous 

groups in Cauca have taken over land and farms that are considered private property, 

without the permission of the legal owner. This is considered a crime under Colombian 

law. To address this situation, Congressional representatives from Cauca included in the 

National Development Plan for 2006-2010 a section that established that land 

expropriated illegally by indigenous groups would be turned over to them, and that 

funding set aside to purchase land for the groups would be used to compensate the 

owners of these lands and farms. Using this mechanism, 4,000 of the 8,000 hectares 

owed by the government were returned to indigenous groups in Cauca. However, 

indigenous groups in Cauca are not considering these 4,000 hectares as additional land 

under the provisions of the decree and argue the government still owes them the 

remaining hectares. 

The indigenous groups in Cauca continue to believe that two farms in the 

department, ―La Emperatriz‖ and ―Japio,‖ should be turned over to them. However, 

these are private properties, owned by sugar cane farmers who are actively using the land. 

The owners of these properties have complained to the government on numerous 

occasions that members of indigenous groups have trespassed on the property and 

destroyed their crops. In response to these complaints, at a 2008 community council 

meeting in Popayán, President Uribe pledged to compensate the owners for the damages. 

Since the indigenous groups do not recognize the legal owners of the land, Uribe‘s pledge 

further enfuriated the indigenous groups. They said that in compensating the legal 

owners, the government was funding terrorists. 

The Colombian government reports that the MOI&J and other government 

agencies have met with indigenous groups in Cauca 17 times in the last three years to 

review pending government obligations. However, with tensions heightened, the groups 

decided to protest in lieu of another meeting. 

Frustrated at the Colombian government‘s alleged failure to respond to their 

demands for the return of ancestral lands, investigations into indigenous deaths, and 

concerns over the U.S.-Colombia Free Trade Agreement, between 9,000 and 15,000 

UNCLASSIFIED

UNCLASSIFIED 

- 72 - 

members 47 of indigenous communities marched from Popayán to Cali on October 12, 

2008, ultimately blocking the Pan-American Highway. The protestors demanded of the 

Colombian government: 

A mutual agreement of respect on human rights; 

The naming of a follow-up commission to follow all agreed pacts between 

the government and indigenous groups; 

That President Uribe attend the next Community Council Meeting of 

Indigenous Communities; 

That the Armed Forces leave Maria Piendamó; 

Fulfillment of the Nile Agreement and Decree 982; and 

Agreement from the Ombudsman‘s Office to verify constitutional vetoes 

regarding the acquisition of land. 

The groups held similar protests in 1999, causing widespread economic loss in the 

region as goods could not be transported along the highway. President Uribe made clear 

in this most recent protest that, while he respected their right to protest, they could not 

block the Pan-American Highway, as other citizens had a right to use the road. Saying 

―dialogue yes, violence no,‖ Uribe committed the government to meeting with the groups 

to discuss their demands. The MOI&J convoked the members of the commission that 

were involved in the Nilo Agreement, and sent representatives to the area on October 16, 

2008, to meet with indigenous leaders. 

On October 14, 2008, the National Police‘s Mobile Anti-Disturbance Squadrons 

(ESMAD - riot police) had several confrontations with protestors. The protests became 

violent. Protestors wielded machetes and used improvised explosive devices (IEDs) 

against government security forces that attempted to clear the roadways. Several 

protestors were injured, and two were killed. NGOs and indigenous groups say the 

injuries and deaths were caused by ESMAD. The Colombian government maintains that 

ESMAD responded properly, using fire hoses and rubber bullets in its defense, and that 

the two deaths were caused by an IED deployed by the protestors. The Colombian 

government agreed to make reparations if security forces were found responsible for 

deaths during the protests. Several members of Colombia‘s security forces were also 

injured when indigenous groups lobbed IEDs at them. 

On November 2, 2008, representatives from these groups met with President Uribe 

to discuss their demands, though the dialogue yielded only limited results. The group 

marched again, this time from Cali to Bogotá on November 4, 2008. On November 20, 

47 Accounts vary. 

UNCLASSIFIED

UNCLASSIFIED 

- 73 - 

2008, groups reached Bogotá, where indigenous leaders met with nine government 

ministers and established a new forum to discuss previous agreements between the GOC 

and the groups. 

NGOs report that the situation in Cauca remains tense as the Prosecutor General‘s 

Office continues its efforts to prosecute indigenous leaders, including Aida Quilcue, for 

the kidnapping of a policeman during the protests. 

Security Situation for Afro-Colombian Communities 

Five percent of Colombia‘s territory (4.7 million hectares) is collectively titled to 

Afro-Colombian communities. Afro-Colombians make up between 11 and 25 percent 48 

of Colombia‘s population. The departments with the highest population of Afro- 

Colombians are Chocó (82 percent Afro-Colombian), San Andrés and Providencia (57 

percent Afro-Colombian), Bolívar (27 percent Afro-Colombian), and Valle de Cauca (27 

percent Afro-Colombian). As is the case in areas populated by indigenous communities, 

illegal groups have attempted to exploit for criminal purposes many of the departments 

with high Afro-Colombian populations, which in turn endangers the local population. In 

order to combat this activity, the Armed Forces maintain a presence in some of these 

areas. In doing so, the Armed Forces continue to take action against the illegal groups 

that threaten the security, and, therefore, the land and property rights, of Afro- 

Colombians. (For more on actions taken against illegal groups, see Section 

7046(b)(1)(B)(iii) and (b)(2).) 

According to the Association of Internally Displaced Afro-Colombians 

(AFRODES), as of July 2009, 49 850,000 Afro-Colombians have been displaced since 

1997 (including 32,353 in 2005; 30,451 in 2006; and 44,087 in 2007; and 33,519 in 

2008). NGOs allege illegal armed groups have forced Afro-Colombian communities off 

their land, leading the group to comprise an estimated one third of IDPs in Colombia. In 

some cases, others complain that individual Afro-Colombians have sold land, legally or 

illegally. Since much of this land is located in areas where government institutions are 

weak or, in some cases, not present, legal enforcement of collective title is difficult. 

Afro-Colombian Land Disputes 

In the communities of Jiguamiandó and Curvaradó in the Department of Choco, 

the Colombian government has been working on resolving land disputes between local 

Afro-Colombian communities and palm oil companies currently occupying the Afro- 

48 Colombian census figures cite 11 percent while NGOs and Afro-Colombian groups contest this figure, saying it is too low 

and they really make up 25 percent of the population. 

49 Most recent information available as of July 15, 2009. 

UNCLASSIFIED

UNCLASSIFIED 

- 74 - 

Colombian communities‘ land. This land, 42,792 hectares plus 9,880 square meters in 

Curvaradó and 51,870 hectares plus 9,236 square meters in Jiguamiandó, has lucrative 

resources on it – including oil palm – valued at almost 100 trillion Colombian pesos 

(about $50 billion 50 ). 

Although the Colombian government has resolved most of the legal issues 

surrounding the return of lands to Afro-Colombian communal territories, and some of the 

land has been returned to the communities, security issues in the region have prevented 

many community members from returning to their land. In addition, the process to void 

the titles of the illegal occupiers and remove the current occupiers, has slowed down the 

process of returning the lands to the communities. Currently, the military provides 

security in the area. Due to lack of infrastructure, the local police presence is limited. 

The Colombian government is working to resolve the remaining legal issues and to 

provide security to the communities. 

Since its April 25, 2008, meeting in the Carmen del Darien municipality with 

community representatives, the Colombian government commited to taking all the 

necessary measures and legal proceedings to return the land to the communities. 

Colombia‘s land agency (INCODER) and the Superintendent of Notaries and Registries 

have presented demarcation and delimitation resolutions in order to effect a second round 

of restitutions. At a November 24, 2008, meeting between government and palm oil 

industry representatives from 16 companies, the government urged the representatives to 

return the territories and consider them in arrears. Only one company agreed, offering to 

voluntarily return 254 hectares. On February 16, 2009, the company transferred the land 

back to the community council of Cuenca del Rio Curvarado, thereby marking the 

beginning of restitution to the Curvaradó and Jiguamiandó communities. Two additional 

companies later transferred an additional 1,021 hectares total. 

The decision on whether custody action (―acción de tutela‖) could be used as a 

means for effective restitution of community lands was initially directed to the Chocó 

Administrative Dispute Tribunal, but after several transfers on competency grounds, 

February 25, 2009, the sentence ordered it transfered to the constitutional court. The 

MOI&J has submitted a document backing the validity of the custody action. The 

Ministry of Agriculture has submitted a request to the Attorney General to study the 

possibility of appointing a special agency to monitor the custody action. 

At a June 6, 2008, meeting in Medellín of community, regional, and national 

government representatives – sponsored by the MOI&J – participants agreed to (1) 


UNCLASSIFIED

UNCLASSIFIED 

- 75 - 

establish a commission that would serve as a recognition mechanism for the resolutions 

put forward by INCODER and the Superintendent for Notaries and Registries and (2) 

conduct a census to determine which community members have a right to the collective 

territory. The MOI&J‘s Directorate for Afro-Colombian, Raizal, and Palenquera 

Populations has led efforts to conduct this census and, as a preparatory measure, two 

community training workshops were offered in August, 2008. At a follow-up workshop, 

census-takers were chosen – 16 from Curvaradó and 6 from Jiguamiandó – they 

completed their work on February 27, 2009, when the census committee approved 916 of 

the 933 forms collected, and annulled 17. 

Violence Against Afro-Colombians 

Some individuals in the Curvarado area have reported threats by illegal armed 

groups and the Colombian government has taken action to ensure their safety. For 

example, during late August and early September 2008, nine members of the Inter- 

Church Justice and Peace Commission (CIJP) and an indigenous leader allegedly 

received eight telephone threats by phone from the Black Eagles (―Aguilas Negras‖), a 

new criminal band, while accompanying Afro-Colombian and mestizo communities 

seeking return of land allegedly appropriated unlawfully by African Palm companies and 

cattle farmers in the Curvaradó river basin in Urabá (Chocó). In addition, on the evening 

of August 30, 2008, two unidentified men entered the humanitarian zone of Camelias and 

fled when apprehended by community members. 

Following this, on September 3, 2008, one of the CIJP members who had been 

previously threatened via phone, Yimmi Armando Jansasoy Muñoz, was allegedly 

kidnapped by armed civilians and forced at gunpoint into a truck where he was held for 

an hour. He was threatened and ordered to provide the names of people who live in the 

humanitarian zones, or he and his family would ―bear the consequences.‖ Fearing for 

their safety, Jansasoy and four other members of CIJP subsequently fled Curvaradó. 

In response to these threats and prior concerns raised by CIJP, beginning in 

February 2008, the Vice President‘s Office directed the commander of the Army‘s 15 th 

Brigade and the police commander in Urabá to take steps to ensure that these individuals 

were protected from harm. The Vice President‘s Office also asked the Prosecutor 

General‘s Office to initiate investigations into the threats. Those investigations are ongoing. 

Protective measures have been implemented for CIJP and related organizations. 

The ―Julio Londoño Londoño‖ Battalion of the Army‘s 15 th Brigade has increased its 

efforts to protect the communities of Curvaradó and Jiguamiendó. This includes: 

Reaching out to individuals who consider themselves to be at risk or who have 

been threatened in order to gain familiarity with their cases and to establish a 

relationship so that the individual knows who to contact should any irregularity 

UNCLASSIFIED

UNCLASSIFIED 

- 76 - 

arise; 

Investigating all information regarding activity that could put members of the 

communities at risk; 

Working closely with the Ombudsman‘s Office, both at the local and national 

levels; 

Increasing patrols of and controls of roads, highways, and waterways to prevent 

access by illegal armed actors; 

Stepping up operations against illegal armed groups; and 

Redoubling efforts to ensure that soldiers operating in the areas near the 

communities understand the security measures they are implementing, and that 

those measures are implemented in strict accordance with the law. 

On October 16, 2008, and November 7, 2008, the Army‘s 15 th Brigade held 

security consultations in Riosucio to discuss concerns and coordination issues with 

civilian and military authorities, the police, and members of the community. The Brigade 

has increased its efforts against the new criminal band ―Autodefensas Gaitanistas‖ in 

Riosucio, patrolling jointly with the Colombian National Police. This complements the 

Joint Action Plan for Atrato, which governs work by the Armed Forces and Police with 

regard to guaranteeing security and freedom of movement on the Atrato River. 

Relations with and Outreach to Afro-Colombian Communities 

Like indigenous groups, some Afro-Colombian communities are wary of the 

Armed Forces, believing their presence on or near their land invites violence. During the 

certification period, the Armed Forces increased its outreach to these communities in 

order to build trust among all actors. Much of this outreach was mandated by Directive 

7, issued May 16, 2007, by the Minister of Defense, which contains specific instructions 

to the Armed Forces regarding the protection of Afro-Colombian communities and the 

strengthening of land rights for those groups. 

To address the needs of the Afro-Colombian population, and take steps to end 

racism and discrimination against members of this group, in 2007, the Colombian 

government issued Decree 4181, creating the Inter-Sectoral Commission for the 

Advancement of Afro-Colombian, Raizal and Palenquera Populations‖ (―Comisión 

Intersectorial para el avance de la población Afrocolombiana, Raizal y Palenquera‖). 

Comprised of relevant cabinet ministers and Afro-Colombian Congressional 

representatives, the Commission was established on May 19, 2008. It is charged with 

evaluating the living conditions of the Afro-Colombian, Raizal, and Palanquera 

populations, and presenting recommendations to the Colombian Government on ways to 

eliminate the barriers that impede the economic and social advancement of the 

UNCLASSIFIED

UNCLASSIFIED 

- 77 - 

populations, particularly women and children, and to more effectively guard their civil 

rights. To fulfill this mission, between June 2008 and April 2009, the government held 

18 regional meetings of the Commission and its Technical Committee. In addition, three 

studies were done, one each by Valle and Los Andes Universities on socioeconomic 

conditions of Afro-Colombians, and one by the Department of National Planning, which 

focused on government policies on and resources for Afro-Colombians. 

On May 29, 2009, at a ceremony at Cartagena‘s Palace of the Inquisition, the 

Commission presented to Vice President Santos the findings of its meetings with over 

4,000 representatives of Afro-Colombian communities over the last year and a half. 

Central themes were the problem of structural discrimination against Afro-Colombians 

within politics and society. The Commission recognized positive steps toward inclusivity 

taken by the government, pointing to Law 70, but stressed the need for increased 

representation of Afro-Colombians in political parties and the Armed Forces. The 

Commission‘s principal recommendations were to: 

Increase political representation by encouraging political parties that include 

Afro-Colombian candidates; 

Increase access and create incentives for public and private institutions, focus 

on inter-cultural education, develop a quota system for scholarships for higher 

education, strengthen schools in Afro-Colombian municipalities, and create a 

national award for ethnic diversity; 

Seek participation of Afro-Colombians in the labor market that, at a minimum, 

matches the percentage of Afro-Colombians in the country, incorporate 

minority-owned businesses in government procurement systems; 

Support legislative projects to penalize racism; 

Foster entrepreneurship amongst the Afro-Colombian population, create tax 

incentives for private sector companies that develop diversity policies, create a 

social responsibility certification for companies that develop diversity policies, 

include Afro-Colombians in companies that have agreements to conduct 

business in Afro-Colombian territories; 

Include special mention of inclusion of Afro-Colombians in the Armed Forces; 

Develop an ethnic diversity promotion campaign, reinterpret Afro-Colombian 

history, create centers that promote Afro-Colombian cultural memory; and 

Develop a differentiated approach in governmental information systems so that 

they are more inclusive of ethnic minorities. 

The Commission also committed to presenting to Congress a law designed to increase 

inclusion of Afro-Colombian, Palanquero, and Raizal communities, and did so on July 

20, 2009. 

UNCLASSIFIED

UNCLASSIFIED 

- 78 - 

Of the proposed recommendations, Vice President Santos highlighted the 

importance of creating incentives for greater Afro-Colombian political participation and 

to raise the numbers of Afro-Colombians in institutions of higher education. He 

underlined his commitment to further inclusiveness within Colombian society and his 

intent to better enforce existing laws on encouraging diversity. Among other initiatives, 

he wants to make Afro-Colombian history a mandatory subject in Colombian schools. 

To monitor the government‘s progress in fulfilling its recommendations, the Commission 

recommended creating a Technical Follow-up Committee, comprised of representatives 

from the pertinent ministries and agencies. 

In addition to the work of the Commission, in 2009, the Colombian government‘s 

Directorate of Black, Afro-Colombian, Raizal and Palenquera Communities within the 

MOI&J followed up on actions recommended by Congress related to: 

Decree Project for Law 1182 of 2008; 

Technical Committee on Border Development (―Comité Téchnico Desarrollo 

Fronteras‖ – CIDF); 

Concept Project for Law 334 of 2008 on mining code; and 

Concept Project for Law 073 of 2007 regarding legal penalties for racial or ethnic 

discrimination. 

The government has also begun a nationwide campaign to end racism. It celebrated 

National Afro-Colombian Day on May 21, 2009, with 181 Afro-Colombian-focused 

events throughout the country. 

In March 2009, the MOI&J formed a Permanent Working Group to follow-up on 

Constitutional Court Order 005 from 2009 regarding prior consultations on protection 

plans and policies related to Afro-Colombians. The group has met nine times and has 

developed a methodology for prior consultations on the 62 such protection and policy 

plans. To aid in the design of the Plan to Characterize the Collective and Ancestral 

Lands, the group has identified those entities responsible for each related issue, and has 

made progress to unify criteria on ancestral territory. 

Furthermore, the MOI&J‘s Directorate of Black, Afro-Colombian, Raizal and 

Palenquera Communities has adopted the proposal by the Association of Displaced Afro- 

Colombians (AFRODES) to create a National Working Group on Forced Displacement 

and Confinement Among the Afro-Colombian Population (―Mesa Nacional Temática de 

Población Afrocolombiana en Situaciones de Desplazamiento Forzado y 

Confinamiento‖). This proposal contains a plan for dialogue with Afro-Colombian 

communities and organizations regarding Constitutional Court decisions 200 from 2007, 

092 from 2008, and 005 from 2009. For this project, the Ministry used as a reference the 

UNCLASSIFIED

UNCLASSIFIED 

- 79 - 

document presented by Afro-Colombian organizations at the National Assembly of 

Community Councils and Ethnic Organizations from Afro-Colombian, Raizal, and 

Palenquera Communities in San Andrés de Tumaco on December 17-18, 2008. The 

Directorate, together with Accion Social‘s Sub-Unit on the Displaced, has met with 

AFRODES three times to further develop its proposal and design a methodology for 

moving it forward. 

As addressed in the section above on civilian outreach to indigenous communities, 

the Colombian government continued to implement the ―Integrated Plan to Support 

Indigenous Communities with High Vulnerability and Risk for Disappearance.‖ During 

the certification period, the government continued to implement nine plans, begun in 

2006, to benefit Afro-Colombians in Chocó and Cauca. In the department of Nariño, six 

plans in Olaya Herrera, Santa Bárbara de Iscuandé, La Tola, El Charco, Francisco 

Pizarro, and Tumaco focused on strengthening prevention and protection mechanisms for 

public authorities, family structures and community psycho-social assistance, and 

alternative development opportunities. As of May 2009, these plans were 85 percent 

completed. In Cauca, the government is executing two plans in Bolivar and Mercedes, 

and on La Sierra and El Tambo, which are focused on strengthening protection and 

prevention mechanisms with respect to human rights, and increasing citizen participation, 

including by strengthening Afro-Colombian organizations in the region. One additional 

plan in Cauca, developed in 2009, is being executed in Balboa and Patía, focused on 

implementing measures to strengthen the social fabric of Afro-Colombian communities 

and mitigating the impact of violence on those communities. 

Training on Rights of Afro-Colombians 

During the certification period, the Colombian government conducted 10 

workshops on the rights of Afro-Colombian communities for 855 local government 

representatives and others throughout the country: 

Armenia (Quindío) – July 2008: Conference on the rights of Afro- 

Colombians; 100 participants from district and municipal offices in Armenia 

Acandi (Choco) – July 2008: Conference on rights of Afro-Colombians 

with a focus on prior consult; 150 participants from the municipal 

administration and community councils in Acandi 

Riosucio (Choco) – September 2008: Meeting on Afro-Colombian 

legislation; 120 participants from community councils in the Atrato zone 

Villavicencio (Meta) – November 2008: Workshop on the rights of Afro- 

Colombians; 130 participants from the municipal administration in 

Villavicencio 

UNCLASSIFIED

UNCLASSIFIED 

- 80 - 

Santa Marta (Magdalena) – March 2009: Meeting on norms regarding the 

recognition of Afro-Colombian rights; 30 participants from the departmental 

administration in Magdalena 

Bogota (Cundinamarca) – March 2009: Conference on the rights of Afro- 

Colombians; 40 participants from the General Santander Military School 

San Andres and Providencia – April 2009: Workshop on human dignity, 

human rights, law, and public policies related to Afro-Colombians; 25 

participants from departmental and municipal offices, as well as the 

Consultative Commission on the Paizal Population 

Guadalupe (Huila) – April 2009: Meeting on Afro-Colombian rights; 95 

participants from the Maria Auxiliadora Educational Institute of Guadalupe 

(Huila) 

Manizales (Caldas) – May 2009: Meeting on Afro-Colombian Legislation; 

80 participants from municipal offices in Manizales 

Pereira (Risaralda) – May 2009: Meeting on Afro-Colombian Legislation; 

60 participants from municipal offices in Pereira 

Distinguishing Between Civilians and Armed Actors 

Displacement continues to be an unintended consequence of fighting between the 

Armed Forces and illegal armed groups, or between illegal armed groups themselves. 

The Inspector General‘s Office, the Ombudsman‘s Office, and international organizations 

such as the United Nations have called on the Armed Forces to include in their planning 

measures to prevent displacement during their operations. The Ministry of Defense has 

taken steps to address these concerns. As was reported in the last certification, the 

Ministry of Defense introduced ROEs on March 5, 2007, through General Order of 

Instruction 12. The ROEs provide guidelines for the use of force to protect both soldiers 

and civilians from being the victim of tactics used by illegal armed groups, such as 

engaging in combat using civilian clothing. On May 22, 2009, the Ministry of Defense 

further refined its ROEs through Directive 17, which lays out two sets of ROEs for the 

Armed Forces, one on combat operations, and one on security operations. The Directive 

also ordered training on ROEs for all members of the Armed Forces. 

As was discussed in Section 7046(b)(1)(B)(i), the Ministry of Defense created the 

position of Operational Legal Advisors (AJO) to give commanders legal advice on the 

planning, follow-up, and control of operations from a human rights and international 

humanitarian law perspective, and 120 operational legal advisors continue to be assigned 

to military units. These advisors are military lawyers who are trained in areas such as 

international law of armed conflict, intelligence, operations, and logistics. Their primary 

role is to advise commanders on the planning, execution, and evaluation of operations, 

UNCLASSIFIED

UNCLASSIFIED 

- 81 - 

and analyze any political, social, and cultural factors that may affect operations in an 

area, in order to assess the total tactical impact each operation may have on human rights 

and international humanitarian law. As a resource for AJOs, in February 2008, the 

Ministry of Defense created the Office of Doctrine and Legal Advice (ODA). The ODA 

offers legal advice to commanders on the ground, and develops operational legal doctrine 

that ensures human rights and international humanitarian law obligations are met during 

the execution of military operations. The Armed Forces has increased the number of 

active AJOs from 54 in 2008 to 92 in 2009: 73 in the Army, 7 in the Navy, and 12 in the 

Air Force. 

The Armed Forces continue to work closely with the ICRC and UNHCR to 

improve its own application of international humanitarian law, in particular with regard 

to the effect of military operations on the civilian population. The UNHCR also 

continued its series of workshops with the Colombian Armed Forces to educate them on 

their responsibility to protect internally displaced persons (IDPs) and to avert 

displacement. Another primary goal of these discussions is to avoid stigmatizing the 

population in areas of FARC concentration. The workshops include discussion of core 

principles of humanitarian law, followed by dialogue on how security forces should 

interact with civilians (e.g., executing operations so as to minimize collateral damage, 

pre-stocking supplies when displacement is foreseen, providing special attention to Afro- 

Colombian and indigenous groups, not involving civilians in the conflict, and not 

employing children as informants). 

UNCLASSIFIED

SECTION 7046(b)(2) 

UNCLASSIFIED 

- 82 - 

Section 7046(b)(2) of the FY 2009 FOAA requires a determination that: 

“[T]he Government of Colombia . . . is conducting vigorous operations to strengthen 

civilian institutions and respect for internationally recognized human rights in areas 

under the influence of paramilitary organizations or successor armed groups and 

guerrilla organizations.” 

The Colombian government continued to take steps to strengthen civilian 

institutions and respect for internationally recognized human rights in areas under the 

influence of illegal armed groups and criminal bands. Through the National 

Consolidation Plan, the government has identified a methodology for clearing strategic 

areas of the country of illegal armed groups, establishing a security presence to permit 

civilian agencies to enter, and then bringing needed government services to those areas. 

This approach, tested a few years ago through the Coordination Plan for Macarena 

(PCIM), is just beginning to be implemented at the national level, with positive results. 

However, implementation has been slow due to reduced budgets resulting from the global 

recession. 

CCAI and La Macarena: Proof of Concept 

The Center for Coordinated Integral Action (―Centro de Coordinación de Acción 

Integral‖), known by its acronym CCAI, is a civilian interagency body in the Office of 

the Presidency tasked with coordinating the re-establishment of civilian government 

presence in ―priority‖ zones just emerging from conflict. Until recently, the main focus 

of the civil-military operation continued its work in the six municipalities in La Macarena 

(Southwest Meta). In this initiative, called the Coordination Plan for Macarena (PCIM), 

CCAI is working to coordinate all military and civilian operations in the area to secure 

the former FARC stronghold and increase state presence in the region. 

The PCIM is the Colombian government‘s first sequenced framework for 

stabilizing conflict zones and ensuring the provision of social services by the 

government. The actions of the military and police, coca eradication and interdiction, 

and the provision of social services—especially economic opportunities— is better 

sequenced in an intentional and coordinated way so that each builds on the other and 

supports long-term stability in these post-conflict zones. Monthly CCAI coordination 

meetings at the national level regarding the PCIM are co-chaired by the President‘s 

Office of Social Action (Acción Social) and the Ministry of Defense. Acción Social, the 

agency responsible for Colombian government‘s social assistance programs, is also the 

parent agency of CCAI. At the local level, representatives from both civilian and military 

UNCLASSIFIED

UNCLASSIFIED 

- 83 - 

agencies work together in the Fusion Center, based in Vista Hermosa, Meta. The current 

staff of the Fusion Center includes a civilian coordinator for the PCIM, specialized 

prosecutors from the office of the Prosecutor General, members of the National Police 

and Colombian military. The interagency groups is responsible for implementing 

programs in the area and coordinate through this office to respond to local concerns and 

emergencies. 

National Consolidation Plan 

Building on the CCAI approach, and using the La Macarena model as proof of 

concept, the Colombian government developed the National Consolidation Plan (PCN). 

This plan focuses on increasing territorial control in under-governed areas of the country 

to provide security for communities, make lasting gains in coca eradication, achieve 

permanent eradication, transfer security responsibility to the police, and provide a wide 

range of socioeconomic services to these areas. A Coordination Center, staffed by 

civilians, police, and military coordinates this response. The PCN is centered on priority 

areas of on-going conflict, drug trafficking and social marginalization. It addressed the 

lack of state presence that enables the existence of coca and illegal armed groups by 

establishing a state presence in these under-governed areas while reducing illicit crop 

cultivation and drug production, supporting legal alternative livelihoods, and reducing 

inequity throughout the country. 

The PCN initiates a new approach to consolidating state presence based on a 

sequenced and coordinated model, mobilizing resources from all parts of the Colombian 

government. Although a Ministry of Defense-conceived idea, the PCN is headed by the 

Acción Social. Admittedly, the agency has yet to take full charge of consolidation 

efforts, leaving the appearance that the Ministry of Defense is in the lead. In addition, 

coordinating resources among agencies presents a challenge. To help the Colombian 

government consolidate the successes of Plan Colombia and further implement the PCN 

initiative, the Department of State, Department of Defense, United States Agency for 

International Development and the Department of Justice are better sequencing their 

assistance programs to help support the National Consolidation Plan. 

National Coordination Plan 

As part of its plan to consolidate control of its territory, on March 31, 2009, the 

Colombian government announced National Coordination Plan to solidify its gains 

against the FARC and other illegal armed groups. Calling for the dismantling of these 

organizations, bringing stability to border areas, and consolidating government control 

over areas of the country previously under the control of these groups, the plan identifies 

regional focus areas in which to replicate the inter-agency approach taken in La 

Macarena. 

UNCLASSIFIED

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) 


UNCLASSIFIED

UNCLASSIFIED 

- 86 - 








D. On May 7, 2009, (12) Army Soldier Jorge Alberto Amor Pelaez was detained for 

his alleged involvement in human rights-related crimes. He remains detained at the 

Fifth Galán Batallion in Socorro (Santander). (Date and location of the crime not 

available) (Prosecutor General‘s Office Case Number Unknown). 

E. On April 14, 24, and 27 and May 7 and 11, 2009, 14 members of the Army‘s 15 th 

Infantry Battalion ―Francisco de Paula Santander‖ of Boyacá were detained for their 

alleged involvement in the disappearance and homicide of two people, who were later 

reported as killed in combat. Daniel Suarez Martinez (construction worker), a resident 

of the state of Merida in Venezuela, left on December 5, 2007, at 2:00 pm in the 

afternoon for Ocaña (Norte de Santander), where he was going to meet with the 

mother of his daughters. On December 6, 2007, he was found dead and reported as a 

combat death in the district of El Paramo in Otaré (Norte de Santander). Camilo 

Andres Valencia (construction worker), a resident of the municipality of Soacha 

(Cundinamarca), disappeared in Soacha on December 5, 2007, and was found dead 

and reported as a combat death on December 7, 2007, in the district of Pavez in the 

municipality of Abrego. (Prosecutor General‘s Case Number Unknown – Soacha 

Case) 

(13) Army Professional Soldier Oscar Franco Valderrama 

(detained on April 24, 2009) 

(14) Army Professional Soldier Robinson Alvarez Pava 


(15) Army Professional Soldier Olinto Ochoa Gelvez 


(16) Army Professional Soldier Tomas Contrares Duarte 


(17) Army Second Sergeant Merardo Rios Diaz 


(18) Army Professional Soldier Inocencio Abelino Gil Gonzales 


(19) Army Professional Soldier Daniel Coloma 


UNCLASSIFIED

UNCLASSIFIED 

- 87 - 

(20) Army Second Sergeant (retired) Sandro Mauricio Perez Contreras 


(21) Army Professional Soldier Alexander Arroyo 


(22) Army Civilian Victor Manuel Lopez Manosalva 


(23) Army Lieutenant Colonel (retired) Alvaro Diego Tamayo Hoyos 

(detained on May 7, 2009) 

(24) Army Civilian Alexander Carretero Diaz 


(25) Army Civilian Edith del Carmen Palomino Army 


(26) Army Professional Soldier Dairo Palomino 


F. On May 14, 2009, six members of the Army‘s Six 15 th Infantry Battalion ―General 

Francisco de Paula Santander‖ in Ocaña were detained for their alleged involvement 

in the disappearance and homicide of Fair Leonardo Porras Bernal, a mentally 

challenged resident of the San Nicolas de Soacha neighborhood. Porras Bernal 

disappeared from the area on January 8, 2008, and appeared dead – presented as killed 

in combat – on January 12, 2008, in the district of La Esperanza in the municipality of 

Abrego (Norte de Santander). (Prosecutor General‘s Case Number Unknown – 

Soacha Case) 

(27) Army Major General Marco Wilson Quihano 

(28) Army Lieutenant Sergeant Diego Adail Vargas Cortes 

(29) Army Second Corporal Carlos Manuel Gonzales Alfonso 

(30) Army Professional Soldier Richard Contreras Aguilar 

(31) Army Professional Soldier Garcia Corzo Ricardo 

(32) Army Professional Soldier Zapata Roldan Carlos Antonio 

G. On May 15, 2009, nine members of the Army‘s 15 th Infantry Battalion ―General 

Franciso de Paula of Santander‖ of Ocaña were detained for their alleged role in the 

disappearance and homicide of Julio César Mesa and Johathan Orlando Soto 

Bermudez. Cesar Mesa, a construction worker and resident of the San Nicolás de 

Soacha neighborhood, disappeared on January 26, 2008, and was found dead – 

presented as killed in combat – on January 27, 2008, in the district of El Espejo in the 

municipality of San Calixto (Norte de Santander). Soto Bermudez, a minor and 

student, disappeared on January 26, 2008, in the San Nicholas de Soacha 

neighborhood and was found dead – presented as killed in combat – on January 27, 

2008, in the district of Chircas in Ocaña municipality (Norte de Santander). 

UNCLASSIFIED

UNCLASSIFIED 

- 88 - 

(Prosecutor General‘s Case Number Unknown – Soacha Case) 

(33) Army Major Henry Mauricio Blanco Barbosa 

(34) Army First Corporal Manuel Zorrilla Agamez 

(35) Army Professional Soldier Jose Orlando Gonzales Ceballos 

(36) Army Professional Soldier Juan Gabriel Espinosa Restrepo 

(37) Army Professional Soldier Kevis Alberto Jimenez Escalante 

(38) Army Professional Soldier Luis Alirio Lopez 

(39) Army Professional Soldier Merardo Rios Diaz 

(40) Army Lieutenant Coronel (retired) Gabriel de Jesus Rincon Amado 


H. On May 21, 2009, seventeen members of the Army‘s 15 th Infantry Battalion 

―Cabecillas Espada Uno‖ were detained for their alleged role in the disappearance and 

homicide of three people, who were presented as killed in combat. Diego Alberto 

Tamayo Garcera, (profession unknown) a resident of the Ducales neighborhood in the 

municipality of Soacha, disappeared on August 23, 2008, and was found dead on 

August 25, 2008, in the district of Papamito in the municipality of Ocaña (Norte de 

Santander). Víctor Fernando Gómez Romero (profession unknown), a resident of the 

San Mateo neighborhood in the municipality of Soacha, disappeared on August 23, 

2008, and was found dead on August 25, 2008, in the district of Papamito in the 

municipality of Ocaña (Norte de Santander). Jader Andrés Palacio Bustamante 

(construction worker), a resident of the Ducales neighborhood in the municipality of 

Soacha, disappeared August 23, 2008, and was found dead on August 25, 2008, in the 

district of Papamito in the municipality of Ocaña (Norte de Santander). (Prosecutor 

General‘s Case Number Unknown – Soacha Case) 

(42) Army Second Sergeant Janer Ediel Duque Martinez 

(43) Army Second Corporal Richard Armando JoJoa Bastidas 

(44) Army Professional Soldier Nixon Arturo Cubides Cuesta 

(45) Army Professional Soldier Maurico Cuniche Delgadillo 


(47) Army Professional Soldier Jose Adolfo Fernandez Ramirez 

(48) Army First Corporal Manuel Zorrila Agamez 

(49) Army Third Corporal Ricardo Coronado Martinez 

(50) Army Professional Soldier John Anderson Diaz Ortega 

(51) Army Professional Soldier Ricardo Eluid Gonzales Gomez 

(52) Army Professional Soldier Ferney Grijalba Flor 

(53) Army Professional Soldier Eider Andres Guerrero Andrade 

(54) Army Professional Soldier Geiner Guertes Billermo 

(55) Army Professional Soldier Pedro Johan Hernandez Malagon 


UNCLASSIFIED

UNCLASSIFIED 

- 89 - 


(58) Army Professional Soldier Juan Ramon Marin Ramirez. 

I. On June 2, 2009, 17 members of the Army‘s 15 th Infantry Batallion ―General Francisco 

de Paula Santander‖ of Ocaña were detained for their role in the disappearance and 

homicide of Julian Oviedo Monroy, who was then presented as killed in combat. 

Julian Oviedo Monroy (construction worker), a resident of the neighborhood of Villa 

Juliana in the municipality of Soacha, disappeared on March 2, 2008, and was found 

dead on March 3, 2008, in the district of Aguas Blancas in the municipality of Ocaña 

(Norte de Santander). (Prosecutor General‘s Case Number Unknown – Soacha Case) 


(60) Army Second Sergeant Nestor Jaime Mosquera Blanco 

(61) Army First Corporal Edward Vera Zapata 

(62) Army Second Corporal Wilson Virgilio Suarez Gaitan 

(63) Army Third Corporal Jhon Jairo Castillo Cruz 

(64) Army Professional Soldier Miguel Antonio Jerez Plata 

(65) Army Professional Soldier Uvaldo Ronderos Poveda 

(66) Army Professional Soldier Salvador Renoga Osorio 

(67) Army Professional Soldier Juan de Dios Suarez 

(68) Army Professional Soldier Moises Barbosa Carrascal 

(69) Army Professional Soldier Ciro Alfonso Gutierrez Silva 

(70) Army Professional Soldier Jose Gregario Mendoza Pinzon 

(71) Army Professional Soldier Jose Eliseo Toscano 

(72) Army Professional Soldier Orlando Antonio Pallares Uribe 

(73) Army Professional Soldier Maurico Delgado Zayas 

(74) Army Professional Soldier Rodriguez Duarte Libaner 

(75) Army Second Sergeant Jader Alvarado Sequea. 

J. On June 10, 2009, eleven members of the Army‘s 15 th Infantry Battalion ―General 

Francisco de Paula Santander‖ of Ocaña were detained for their alleged involvement 

in the disappearance of two people, who were then presented as killed in combat. 

Elkin Gustavo Verano Hernández (welder), a resident in the municipality of Soacha, 

disappeared on January 13, 2008, and was found dead January 15, 2008, in the district 

of Capitan Largo in the municipality of Abrego (Norte de Santander). Joaquín Castro 

Vásquez (welder), a resident of the neighborhood of Villa Sofia in the municipality of 

Soacha, disappeared on January 13, 2008, and was found dead on January 15, 2008, in 

the district of Captain Largo in the municipality of Abrego (Norte de Santander). 



(77) Army Second Sergeant Rolando Rafael Consuegra Estupinan 

UNCLASSIFIED

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 


(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 


(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 


UNCLASSIFIED

UNCLASSIFIED 

- 92 - 

(11) Army Sergeant Edgar Garcia Estupiñan 

(12) Army Sergeant Darío José Branco Agamez 

D. On January 29, 2009, the Prosecutor General‘s Office indicted 10 members of the 

Army‘s 33 rd Counterguerrilla Battalion assigned to the 17 th Brigade on charges of 

homicide against protected person, barbaric acts, and aggravated criminal conspiracy 

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) 

(13) Army Lieutenant Colonel Orlando Espinosa Beltrán 


(15) Army Sub-lieutenant Edgar Garcia Estupiñan 

(16) Army Second Sergeant Darío José Branco Agamez 

(17) Army Lieutenant Alejandro Jaramillo Giraldo 

(18) Army Second Sergeant Ángel María Padilla Petro 

(19) Army Corporal Sabarain Cruz Reina 

(20) Army Sub-lieutenant Jorge Humberto Milanez Vega 

(21) Army Second Sergeant Henry Agudelo Cuasmayán Ortega 

(22) Army Third Corporal Ricardo Bastidas Candia 

E. On April 14, 2009, the Prosecutor General‘s Office indicted four members of the 

Army‘s 2 nd Artillery ―La Popa‖ Battalion, including its commander Army Colonel 

Hernán Mejía Gutiérrez, for colluding with paramilitaries and the homicide of 20 

individuals in June and October 2002. Between January 2002 and December 2003, 

Mejía Gutiérrez and Army Lieutenant Colonel Ruiz Mahecha met with heads of the 

self-defense forces, including Rodrigo Tovar Pupo (alias ―Jorge 40‖) and David 

Hernandez (alias ―Jorge 39‖). On June 22, 2002, Carlos Alberto Pumarejo Lopesiera 

and Edwar Caceres Prado were killed and reported as combat deaths. Additionally, on 

October 26, 2002, 18 supposed guerrillas, who were actually members of self-defense 

forces, were killed in El Socorro in the municipality of Bosconia (César). The 

paramilitary members were killed by their own men as part of an internal purge and 

later called Colonel Mejía‘s battalion to collect the bodies and report them as combat 

kills. (Prosecutor General‘s Office Case Number 3834) 

(23) Army Colonel Hernán Mejía Gutiérrez (captured May 6, 2008) 

(24) Army Lieutenant Colonel Jose Pastor Ruiz Mahecha (captured May 6, 2008) 

(25) Army First Sergeant Aureliano Quejada Quejada (captured on May 8, 2008) 

(26) Army First Sergeant Efrain Andrade Perea (captured on May 6, 2008) 

UNCLASSIFIED

UNCLASSIFIED 

- 93 - 

F. On April 24, 27 and May 7, 2009, ten members of the Army‘s 15 th Infantry Batallion 

―Francisco de Paula Santander‖ of Boyacá were indicted on charges of aggravated 

homicide, aggravated forced disappearance, and aggravated criminal conspiracy for 

their alleged involvement in the disappearance and homicide of two people, who were 

later reported as killed in combat. Daniel Suarez Martinez (construction worker), a 

resident of the state of Merida in Venezuela, left on December 5, 2007, at 2:00 pm in 

the afternoon for Ocaña (Norte de Santander), where he was going to meet with the 

mother of his daughters. On December 6, 2007, he was found dead and reported as a 

combat death in the district of El Paramo in Otaré (Norte de Santander). Camilo 

Andres Valencia (construction worker), a resident of the municipality of Soacha 

(Cundinamarca), disappeared in Soacha on December 5, 2007, and was found dead 

and reported as a combat death on December 7, 2007, in the district of Pavez in the 

municipality of Abrego. (Prosecutor General‘s Case Number Unknown – Soacha 

Case) 

(24) Army Professional Soldier Oscar Franco Valderrama 

(indicted on April 24, 2009) 

(25) Army Professional Soldier Robinson Alvarez Pava 


(26) Army Professional Soldier Olinto Ochoa Gelvez 


(27) Army Professional Soldier Tomas Contrares Duarte 






(30) Army Professional Soldier Daniel Coloma 




(32) Army Professional Soldier Alexander Arroyo 


(33) Army Civilian Victor Manuel Lopez Manosalva 



(indicted on May 7, 2009, also indicted for false presentation of public 

documents) 

G. On April 30, 2009, and May 8, 2009, eight members of the Army‘s 5 th Batallion 

―Caldas‖ of Bucaramanga were charged with aggravated homicide and aggravated 

UNCLASSIFIED

UNCLASSIFIED 

- 94 - 

forced disappearance (and two of them with embezzlement) for their role in the 

disappearance of two people, who were then presented as killed in combat. Eduardo 

Garzon Paez, a resident of Bogotá (Cundinamarca), disappeared on March 4, 2008, 

and was found dead on March 5, 2008, in the El Brasil neighborhood in the 

municipality of Cimitarra (Norte de Santander). Daniel Andres Pesca Olaya, a 

resident of the Santa Lucia neighborhood in the municipality of Bogotá 

(Cundinamarca), disappeared in the municipality of Soacha on March 2, 2008, and 

was found dead on March 5, 2008, in the neighborhood of El Brasil in the 

municipality of Cimitarra (Norte de Santander). (Prosecutor General‘s Case Number 

Unknown – Soacha Case) 

(35) Army Colonel (retired) Wilson Javier Castro Pinto 

(also charged with embezzlement) 

(36) Army Lieutenant (retired) Eduardo Antonio Vilany Realpe 

(also charged with embezzlement) 

(37) Army Professional Soldier German Augusto Oliveros Tabares 

(38) Army Professional Soldier Juan Carlos Alvarez 

(39) Army Professional Soldier Benancio Puentes Guapacha 

(40) Army Professional Soldier Nelson Ospina Puentes Tabares 

(41) Army Vice First Sergeant (retired) Jesus Eduado Niampira Benavide 

(indicted May 8, 2009, also charged with embezzlement and false presentation of 

public documents) 

(42) Army Professional Soldier Guillermo Pacheco Anzola 

(indicted May 8, 2009, also charged with embezzlement and false presentation of 

public documents) 

H. On May 14, 2009, the Prosecutor General‘s Office indicted six members of the 

Army‘s Six 15 th Infantry Battalion ―General Francisco de Paula Santander‖ in Ocaña 

on charges of aggravated homicide, aggravated forced disappearance, and criminal 

conspiracy. The six were allegedly involved in the disappearance and homicide of 

Fair Leonardo Porras Bernal, a mentally challenged resident of the San Nicolas de 

Soacha neighborhood. Porras Bernal disappeared from the area on January 8, 2008, 

and appeared dead – presented as killed in combat – on January 12, 2008, in the 

district of La Esperanza in the municipality of Abrego (Norte de Santander). 


(43) Army Major General Marco Wilson Quihano 

(also charged with false presentation of public documents) 

(44) Army Lieutenant Sergeant Diego Adail Vargas Cortes 


(45) Army Second Corporal Carlos Manuel Gonzales Alfonso 

(46) Army Professional Soldier Richard Contreras Aguilar 

UNCLASSIFIED

UNCLASSIFIED 

- 95 - 

(47) Army Professional Soldier Garcia Corzo Ricardo 

(48) Army Professional Soldier Zapata Roldan Carlos Antonio 

I. On May 15, 2009, nine members of the Army‘s 15 th Infantry Battalion ―General 

Franciso de Paula of Santander‖ of Ocaña were indicted on charges of aggravated 

homicide, aggravated forced disappearance, and aggravated criminal conspiracy in 

connection with the disappearance and homicide of Julio César Mesa and Johathan 

Orlando Soto Bermudez. Cesar Mesa, a construction worker and resident of the San 

Nicolás de Soacha neighborhood, disappeared on January 26, 2008, and was found 

dead – presented as killed in combat – on January 27, 2008, in the district of El Espejo 

in the municipality of San Calixto (Norte de Santander). Soto Bermudez, a minor and 

student, disappeared on January 26, 2008, in the San Nicholas de Soacha 

neighborhood and was found dead – presented as killed in combat – on January 27, 

2008, in the district of Chircas in Ocaña municipality (Norte de Santander). 


(49) Army Major Henry Mauricio Blanco Barbosa 


(50) Army First Corporal Manuel Zorrilla Agamez 



(52) Army Professional Soldier Juan Gabriel Espinosa Restrepo 


(54) Army Professional Soldier Luis Alrio Lopez 


(56) Army Lieutenant Coronel (retired) Gabriel de Jesus Rincon Amado 


J. On May 21, 2009, 17 members of the Army‘s 15 th Infantry Battalion ―Cabecillas 

Espada Uno‖ were indicted on charges of aggravated forced disappearance, 

aggravated homicide, and aggravated criminal conspiracy for their alleged role in the 

disappearance and homicide of three people, who were presented as killed in combat. 

Diego Alberto Tamayo Garcera, (profession unknown) a resident of the Ducales 

neighborhood in the municipality of Soacha, disappeared on August 23, 2008, and 

was found dead on August 25, 2008, in the district of Papamito in the municipality of 

Ocaña (Norte de Santander). Víctor Fernando Gómez Romero (profession unknown), 

a resident of the San Mateo neighborhood in the municipality of Soacha, disappeared 

on August 23, 2008, and was found dead on August 25, 2008, in the district of 

Papamito in the municipality of Ocaña (Norte de Santander). Jader Andrés Palacio 

Bustamante (construction worker), a resident of the Ducales neighborhood in the 

municipality of Soacha, disappeared August 23, 2008, and was found dead on August 

UNCLASSIFIED

UNCLASSIFIED 

- 96 - 

25, 2008, in the district of Papamito in the municipality of Ocaña (Norte de 

Santander). (Prosecutor General‘s Case Number Unknown – Soacha Case) 

(58) Army Second Sergeant Janer Ediel Duque Martinez 

(59) Army Second Corporal Richard Armando JoJoa Bastidas 

(60) Army Professional Soldier Nixon Arturo Cubides Cuesta 

(61) Army Professional Soldier Maurico Cuniche Delgadillo 


(63) Army Professional Soldier Jose Adolfo Fernandez Ramirez 

(64) Army First Corporal Manuel Zorrila Agamez 

(65) Army Third Corporal Ricardo Coronado Martinez 

(66) Army Professional Soldier John Anderson Diaz Ortega 

(67) Army Professional Soldier Ricardo Eluid Gonzales Gomez 

(68) Army Professional Soldier Ferney Grijalba Flor 

(69) Army Professional Soldier Eider Andres Guerrero Andrade 

(70) Army Professional Soldier Geiner Guertes Billermo 

(71) Army Professional Soldier Pedro Johan Hernandez Malagon 



(74) Army Professional Soldier Juan Ramon Marin Ramirez 

K. On May 26, 2009, the Prosecutor General‘s Office indicted 16 soldiers from the 

Army‘s 5 th Urban Anti-Terrorism Special Forces Group for homicide of a protected 

person for their alleged involvement in the death of Arley de Jesús and Yon Fredy, 

two brothers who were last seen in Vallejuelos on their way to see their mother on 

May 25, 2004. The 16 are currently awaiting a verdict in their case by the 19 th Circuit 

Penal Court in Medellín. They were suspended between October 30 and November 9, 

2007 (except for one who was discretionally retired on June 11, 2004); and then 

preventatively detained June 29, 2007. (Prosecutor General‘s Office Case Number 

3161) 

(75) Army Captain (retired) Jhon Edgar Lozano Garcia 

(76) Army First Corporal Cesar Felipe Castillo 

(77) Army First Sergeant Sergio Exequiel Rojas Ochoa 

(78) Army Second Sergeant Gelver Eduardo Muñoz Mantilla 

(79) Army Second Sergeant José Evaristo Mosquera Delgado 

(80) Army Professional Soldier Ismael Enrique Romero Martinez 

(81) Army Professional Soldier Sergio Alonso Perez Restrepo 

(82) Army Professional Soldier Alberto Elias Pérez Arango 

(83) Army Professional Soldier Hugo Albeiro Zuluaica Garcia 

(84) Army Professional Soldier José Evaristo Hernandez Parra 

(85) Army Professional Soldier Dairo de Jesús Henao Posso 

UNCLASSIFIED

UNCLASSIFIED 

- 97 - 

(86) Army Professional Soldier Juan Javier Gallego Várelas 

(87) Army Professional Soldier Joaquin Ferney Hidalgo Higuita 

(88) Army Professional Soldier Juan Carlos Villa Cañon 

(89) Army Professional Soldier Roman Elbeiro Gutierrez Jaramillo 

(90) Army Professional Soldier Gildardo Montoya López 

L. On June 2, 2009, 19 members of the Army‘s 15 th Infantry Batallion ―General 

Francisco de Paula Santander‖ of Ocaña were charged with aggravated homicide, 

aggravated forced disappearance, and aggravated criminal conspiracy for their role in 

the disappearance and homicide of Julian Oviedo Monroy, who was then presented as 

killed in combat. Julian Oviedo Monroy (construction worker), a resident of the 

neighborhood of Villa Juliana in the municipality of Soacha, disappeared on March 2, 

2008, and was found dead on March 3, 2008, in the district of Aguas Blancas in the 

municipality of Ocaña (Norte de Santander). (Prosecutor General‘s Case Number 

Unknown – Soacha Case) 



(92) Army Second Sergeant Nestor Jaime Mosquera Blanco 


(93) Army First Corporal Edward Vera Zapata 


(94) Army Second Corporal Wilson Virgilio Suarez Gaitan 


(95) Army Third Corporal Jhon Jairo Castillo Cruz 

(96) Army Professional Soldier Miguel Antonio Jerez Plata 

(97) Army Professional Soldier Uvaldo Ronderos Poveda 

(98) Army Professional Soldier Salvador Renoga Osorio 

(99) Army Professional Soldier Juan de Dios Suarez 

(100) Army Professional Soldier Moises Barbosa Carrascal 

(101) Army Professional Soldier Ciro Alfonso Gutierrez Silva 

(102) Army Professional Soldier Jose Gregario Mendoza Pinzon 

(103) Army Professional Soldier Jesus Enrique Dominguez Caballero 

(104) Army Professional Soldier Fernando San Juan San Juan 

(105) Army Professional Soldier Jose Eliseo Toscano 

(106) Army Professional Soldier Orlando Antonio Pallares Uribe 

(107) Army Professional Soldier Maurico Delgado Zayas 

(108) Army Professional Soldier Rodriguez Duarte Libaner 

(109) Army Second Sergeant Jader Alvarado Sequea 

UNCLASSIFIED

UNCLASSIFIED 

- 98 - 

Annex C: Continuation of Proceedings by the Prosecutor General’s Office 

Between June 16, 2008, and June 15, 2009, the Colombian government reported 

that the Prosecutor General‘s Office continued judicial proceedings against 78 members 

of the Armed Forces in 29 cases listed in previous memorandums of justification for 

violations of human rights and collaboration with paramilitary groups (case number and 

status listed where known) (the count of the list below varies from the total number of 

individuals detained as some individuals are listed under multiple cases): 

A. Trial proceedings continued before the Specialized Court of Santafé (Antioquia) 

against five soldiers from the Army for homicide of a protected person for their 

alleged role in the death of Fabio Nelson Rodríguez on March 18, 2005, in Los Llanos 

de Urraco Buriticá, Urrao (Antioquia) during a confrontation between the Army and 

guerrilla forces. (Prosecutor General‘s Office Case Number 3479) 

(1) Army Captain Ivan Andres Gonzalez Villafane 

(2) Army Voluntary Soldier Luis German Solarte Garcia 

(3) Army Professional Soldier Yimmi Valores Murillo 

(4) Army Professional Soldier (retired) Juan Santiago Guerra Alvarez 

(5) Army Professional Soldier (retired) Oscar Garcia Taborda 

B. Trial proceedings continued against four soldiers from the Army‘s 28 th Air Transport 

Infantry Battalion. The four, and one other soldier from their unit (Army Sergeant 

Harold William Pejendino, who was convicted and sentenced to 20 years in prison on 

March 31, 2008) allegedly collaborated with the United Self-Defense forces in 

Casanare in Viota (Cundinamarca) between March and May 2003 in the homicide of 

civilians that the paramilitary group deemed to be guerilla sympathizers. (Prosecutor 


(6) Army Captain Edgar Mauricio Arbeláez Sánchez 

(indicted for aggravated homicide and terrorism on October 1, 2007) 

(7) Army Colonel (retired) Rodrigo Alfonso González Medina 

(indicted for aggravated criminal conspiracy on January 5, 2007) 

(8) Army Major Alejandro Lizarazo Parra 


(9) Army Major Alejandro Robayo Rodríguez 


C. Trial proceedings continued before the Specialised Court in Forencia (Caquetá) 

against two soldiers (both indicted May 2, 2007) from the Army‘s 12 th Urban Anti- 

Terrorism Special Forces Group for attempted homicide for their alleged involvement 

in the detention and harassment of Jesús Elias López Motta in Florencia (Caquetá) on 

December 16, 2005. (Prosecutor General‘s Office Case Number 3133) 

UNCLASSIFIED

UNCLASSIFIED 

- 99 - 

(10) Army Professional Soldier Ruberney Matiz Pérez 

(11) Army Sub-Lieutenant Camilo Javier Romero Abril 

D. Trial proceedings continued against two soldiers (both indicted February 15, 2007) 

from the Army‘s 1 st Counternarcotics Battalion for aggravated homicide for their 

alleged involvement in the death of Ildefonso Cifuentes Velasques and Luís Alfonso 

Florez Toro during ―Operation Sovereignty‖ in Montenegro (Quindío) on April 14, 

2005 (Prosecutor General‘s Office Number 3160). 

(12) Army Soldier Juan Guillermo Londoño Mazo 

(13) Army Soldier Jhon Albeiro Vargas Morales 

E. Trial proceedings continued against three soldiers (indicted March 31, 2008) from the 

Administrative Service and Support Company of the Army‘s 17 th Brigade for 

homicide of a protected person their alleged involvement in the murder of José Ángel 

Huhuita in Chichirido (Antioquia) on November 13, 2005. On that day, Higuita left 

his house for Godo, where he earned a living filling potholes, and never returned, 

though his bicycle and tools were later found. On November 14, 2005, his family 

identified his body at a morgue in Dabeiba (Antioquia), where he had been presented 

as killed in combat. The soldiers allegedly brought Higuita to Chichirido, where they 

changed his civilian clothing for military camouflage and assassinated him. 

Afterwards, they allegedly placed a communications radio and a 7.65 pistol near him 

to make him appear to be a FARC member. (Prosecutor General‘s Office Case 

Number 3958) 

(14) Army Third Corporal Yon Andrei Rincon Salgado 

(15) Army Second Sergeant Jorge Andrés Estupiñan Chamorro 

(16) Army Soldier Adrián Ramiro Puentes Arrieta 

F. Trial proceedings continued before the 1 st Specialized Judge in Ibague (Tolima) 

against three members (indicted March 18, 2008) of the Army for torture for their 

alleged role in the torture and injury of soldiers at the Army Instruction and Training 

Center in Piedras (Tolima) on January 25, 2006. A total of 20 members of the Armed 

Forces are indicted in this case. 

(17) Army Second Lieutenant Javier Arturo Pachon Reina 

(18) Army Second Lieutenant Hair Alexander Monroy González 

(19) Army Second Lieutenant Cristian Camilo Barrera Echeverri 

G. The case against two soldiers (indicted October 25, 2007) from the Army‘s 12 th 

Mobile Brigade is before Local Prosecutor 13 after case proceedings concluded April 

2, 2008. The two are charged with forced disappearance, forced displacement, and 

aggravated homicide for their alleged involvement in the disappearance and 

UNCLASSIFIED

UNCLASSIFIED 

- 100 - 

displacement of 11 civilians, and the death of four of them, on January 3, 2006, in 

Vista Hermosa (Meta). On that date, members of the Army‘s 12 th Mobile Brigade and 

17 th Counterguerilla Battalion were allegedly accompanied by a representative from 

the Department of Administrative Security (DAS) and two members of the Prosecutor 

General‘s Office in Villavicencio as they allegedly conducted investigations, during 

which 11 civilians were disappeared and/or displaced. On August 24, 2006, the 

bodies of three of the four of those who disappeared were exhumed. (Prosecutor 

General‘s Office Number 3226) 

(20) Army Colonel (retired) Carlos Hugo Ramírez Zuluaga 

(21) Army Captain Milton Guillermo Corso Ussa 

H. Trial proceedings continued before the 2nd Penal Circuit Court in Villavicencio 

(Meta) against seven soldiers from the Army (indicted November 29, 2007) for simple 

kidnapping and aggravated homicide for their alleged involvement in the kidnapping 

and subsequent homicide of Eduardo Pérez Vega in the Ciudad Porfía neighborhood 

of Villavicencio (Meta) on July 27, 2007. Pérez was allegedly kidnapped from an 

internet café and forced to board a truck assigned to the GAULA Casanare. The next 

day, Pérez‘ body was discovered in the municipality of Hato Corozal (Casanare). 

(Prosecutor General‘s Office Number 4044) 

(22) Army Major Gustavo Enrique Soto Bracamonte 

(23) Army Lieutenant (retired) Jhon Alexander Suacha Florian 

(24) Army Second Corporal Gelver Pérez García 

(25) Army Professional Soldier Carlos Alfredo Bello Bolívar 

(26) Army Professional Soldier Abdón Guanaro Guevara 

(27) Army Professional Soldier Elio Ernesto Celis Bedoya 

(28) Army Professional Soldier Jhony Higuera Moreno 

I. The case against nine members of the Army‘s 14 th Battalion (Antonio Ricaurte‖) from 

the 5 th Brigade is before the Penal Judge in the Bucaramanga Circuit Court following 

the second instance of confirmation of the indictment against them on April 23, 2008. 

The nine (indicted June 6, 2007) are charged with aggravated homicide for their 

alleged involvement in the deaths of Edison Alberto Martínez Pacheco and Edit 

Salcedo Vergen on May 31, 2005, in Los Planes, within the municipality of La 

Experanza (Norte de Santander). On October 16, 2007, the Inspector General 

removed them all from their positions and deemed them inadmissible for public 

service for 20 years. (Prosecutor General‘s Office Case Number 2256) 

(29) Army Captain William Ovidio Lara Ramírez 

(30) Army Professional Soldier Cristian Santos Rey 

(31) Army Professional Soldier Edgar Mauricio Araque Pérez 

(32) Army Professional Soldier Mauricio Yesid Araque Quintero 

UNCLASSIFIED

UNCLASSIFIED 

- 101 - 

(33) Army Professional Soldier Jaime Caballero Gualtero 

(34) Army Professional Soldier Cristian Duran Arguello 

(35) Army Professional Soldier Enrique Meza Gómez 

(36) Army Professional Soldier Nelson Ortíz Casanova 

(37) Army Professional Soldier William Efren Plata Prada 

J. Trial proceedings continued against two Army soldiers for human rights-related 

crimes. Additional testimony was scheduled for June 5 and 19, 2009. (Court 

information and description of case not available) (Prosecutor General‘s Office Case 

Number 536) 

(38) Army Major Mauricio Llorente Chávez 

(39) Army Lieutenant Víctor Hugo Matamoros Rodríguez 

K. Trial proceedings continued against three Army soldiers for charges of sedition. 

(Court information and description of case not available) (Prosecutor General‘s 

Office Case Number 1593) 

(40) Army Second Sergeant José Rubén Ceballos Ríos 

(41) Army Captain Gehison Moreno González 

(42) Army Captain Juan Carlos Valderrama Angarita 

L. Trial proceedings continued against two Army soldiers for human rights-related 

crimes. The case is in the preliminary phase. (Court information and description of 

case not available) (Prosecutor General‘s Office Case Number 993) 

(43) Army Colonel Gabriel Ramón Díaz Ortiz 

(44) Army Lieutenant Fredy Alexis Rivera Díaz 

M. Trial proceedings continued before the 10 th Penal Specialized Circuit Court in Bogotá 

against three Army soldiers for human rights-related crimes. The case is in the 

determination of motive phase. (Court information and description of case not 

available) (Prosecutor General‘s Office Case Number 1893) 

(45) Army Sergeant Albeiro Pérez Duque 

(also listed as #76 in this list) 

(46) Army Soldier Juan Carlos Rodríguez Agudelo 

(47) Army Soldier Wilson Hernando Casallas Suescun 

N. Trial proceedings continued against two Army soldiers for extortive kidnapping, 

aggravated homicide and criminal conspiracy. The case is in the trial phase. (Court 


Numbers 703, 704 and 705) 

(48) Army Lieutenant Colonel Jorge Eliécer Plazas Acevado 

UNCLASSIFIED

UNCLASSIFIED 

- 102 - 

(49) Army Sergeant Guillermo Lozano Guerrero 

(escaped custody and is currently a fugitive at large) 

O. Trial proceedings continued before the 1 st Specialized Court in Ibagué against six 

Army soldiers for human rights-related crimes. The case is awaiting verdict. 

(Description of case not available) (Prosecutor General‘s Office Case Number 3155) 

(50) Army First Corporal José Rafael Tarazona Villamizar 

(51) Army Third Corporal Edwin Alberto Ávila Mesa 

(52) Army Third Corporal Hugo Alberto Maestra Agudelo 

(53) Army Third Corporal Jairo Alfonso Lora Fuentes 

(54) Army Professional Soldier Álvaro Yaison Acosta Sánchez 

(55) Army Third Corporal Sergio Andrés Muriel Quiroga 

P. Trial proceedings continued against five Army soldiers for human rights-related 

crimes. The case is in the second instance. (Court information and description of case 

not available) (Prosecutor General‘s Office Case Number 1874) 

(56) Army Third Corporal Carmelo Antonio Pacheco Ramírez 

(57) Army Professional Soldier Hugo Alberto Martínez Delgado 

(58) Army Professional Soldier Juan Carlos Soto Sepúlveda 

(59) Army Jhoyber Yesid de Ávila Alquerque 

(60) Army Second Lieutentant José Moreno Trigos 

Q. Trial proceedings continued before the 21 st Penal Circuit Court in Montería against six 

Army soldiers for human rights-related crimes. Hearings are underway. (Description 

of case not available) (Prosecutor General‘s Office Case Number 2287) 

(61) Army Vice First Sergeant Flavio César Sánchez Rivera 

(62) Army First Corporal Albeiro Vargas Gaitán 

(63) Army Lieutenant Edein Alberto Figueredo Mesa 

(64) Army Professional Soldier Roberto Carlos Posada Días 

(65) Army Professional Soldier Luís Miguel Solano Ramos 

(66) Army Professional Soldier Dairo Yeneris Silva 

R. Trial proceedings continued before the 2 nd Penal Circuit Court of Arauca against (67) 

Army Lieutenant Alexander Prada Garcia (indicted November 14, 2007) for 

aggravated homicide, aggravated kidnapping, aggravated robbery, and transportation 

of explosives for his alleged involvement in the murder of an individual, which was 

allegedly attributed to members of the Army‘s 18 th Battalion (―Reveiz Pizarro 

Saravena‖) in Saravena (Arauca) on August 20, 2006. (Prosecutor General‘s Office 

Case Number 3828) 

UNCLASSIFIED

UNCLASSIFIED 

- 103 - 

S. Trial proceedings continued before Local Prosecutor 26 at the Penal Court in Bolívar 

(Cauca) against (68) Army Professional Soldier Rodrigo Antonio Hernández 

Sucerquia (indicted November 16, 2007) for aggravated murder for his alleged role in 

the death of Romulo Gómez Rengifo on May 21, 2005, in Almaguer (Cauca), who 

was later reported as killed in combat. (Prosecutor General‘s Office Case Number 

3150) 

T. Trial proceedings continued before the Penal Circuit Court in Cartagena against (69) 

Army Captain Héctor Martín Pita Vásquez for human rights-related crimes. 


U. Trial proceedings continued against (70) Army Vice First Sergeant Sergio Salazar 

Soto for human rights-related crimes. The case is in the preliminary phase. (Court 


Number 875) 

V. Trial proceedings continued before Judge Number 10 in the 9 th Penal Circuit Court in 

Medellín against (71) Army Captain Rubán Blanco Bonilla for human rights-related 

crimes. The case is in the trial phase. (Description of case not available) (Prosecutor 


W. Trial proceedings continued against (72) Army Lieutenant Luís Enrique Andrade 

Ortíz for charges of aggravated homicide and attempted aggravated homicide. 

Additional testimony is being given in the case. (Court information and description of 

case not available) (Prosecutor General‘s Office Case Number 1540) 

X. Trial proceedings continued before the 1 st Specialized Judge in Cúcuta against (73) 

Army Sergeant José Fernando Ramírez Bautista for human rights-related crimes. 

(Court information and description of case not available) (Prosecutor General‘s 

Office Case Number 1695) 

Y. Trial proceedings continued against (74) Army Colonel Jorge Alberto Amor Peláez 

for human rights-related crimes. (Court information and description of case not 

available) (Prosecutor General‘s Office Case Number 1789) 

Z. Trial proceedings continued before the 2 nd Penal Circuit Court in Popayán against (75) 

Army Second Sergeant Roiber Humberto Gutiérrez Montero for human rightsrelated 

crimes. The case is in the trial phase. (Description of case not available) 

(Prosecutor General‘s Office Case Number 1820) 

UNCLASSIFIED

UNCLASSIFIED 

- 104 - 

AA. Trial proceedings continued against (76) Army Sergeant Albeiro Pérez Duque 

(also listed as #45 in this list) for human rights-related crimes. Hearing are being 

held, and a guilty verdict is being sought. (Court information and description of case 

not available) (Prosecutor General‘s Office Case Number 2102) 

BB. Trial proceedings continued before the Penal Circuit Court in Ocaña against (77) 

Army Soldier Carlos Alberto Heredia Botello for human rights-related crimes. 


CC. Trial proceedings continued against (78) Army Lieutenant Carlos Andrés Lora 

Cabrales for human rights-related crimes. He is detained at the Army‘s Cantón Sur 

Artillery School in Bogotá per the court‘s order. (Court information and description 

of case not available) (Prosecutor General‘s Office Case Number 3156) 

UNCLASSIFIED

UNCLASSIFIED 

- 105 - 

Annex D: Resolution of Cases by the Prosecutor General’s Office 

Between June 29, 2008 and June 15, 2009, 53 the Colombian government reported 

that the Prosecutor General‘s Office concluded case proceedings against 34 members of 

the Armed Forces in nine cases for violations of human rights and for collaborating with 

paramilitary groups: 

A. On August 25, 2008, the 2 nd Penal Circuit Court of Valledupar sentenced (1) Army 

Professional Soldier Adolfo Guerrero Camargo to 480 months (40 years) in prison 

for the murders of Mario Alberto Camargo Barahona, José Enrique Gutierrez Arias, 

and Yeiner Alfredo Pérez Arias who were reported as killed in combat on July 3, 

2006, in the city of Santa Marta, in La Jagua del Pilar (La Guajira) (Prosecutor 

General‘s Office Case Number 3758). 

B. On September 30, 2008, (2) Army Sub-official Yon Andrei Sinisterra Payán, from 

the Army‘s 1 st Counternarcotics Battalion, was sentenced to time in prison (length of 

sentence unknown) for his role in the deaths of Luís Alfonso Florez Toro and 

Ildefonso Cifuentes Velasquez during ―Operation Sovereignty‖ in Montenegro 

(Quindío) on April 14, 2005. (Prosecutor General‘s Office Case Number 3160) 

C. On February 5, 2009, the 1 st Penal Court for the Circuit of Rionegro (Antioquia), 

sentenced four soldiers from the 4 th Mechanized Infantry Group (―Juan de Corral‖) to 

396 months in prison for homicide of a protected person and simple kidnapping for 

their roles in the detention and death of Gabriel Valencia, who was subsequently 

reported as killed in combat in the town of El Zancudo, Argelia (Antioquia) on 

October 5, 2005. (Prosecutor General‘s Office Case Number 3168) 

(3) Army Soldier Ameiro Ameiro Lewis Palacio Copete 

(4) Army Soldier (retired) Wilson Antonio Garces George 

(5) Army Soldier Wilson Andrés Bonilla Blandon 

(6) Army Lieutenant (retired) Ramiro Jairo Ramírez Ortega 

D. On March 26, 2009, the 2 nd Penal Circuit Court of Apartadó, sentenced 7 soldiers to 

30 years in prison for homicide of a protected person for their role in the 

disappearance and death of Edilberto Vásquez Cardona, a member of the San José de 

Apartadó Peace Community, on January 12, 2006. (Prosecutor General‘s Office Case 

Number 3131) 

(7) Army Second Sergeant Fredy Torres Botero 

(8) Army First Corporal Regino Ceren Paz 

(9) Army Soldier Cesar Duvan Ciro Martínez 


UNCLASSIFIED

UNCLASSIFIED 

- 106 - 

(10) Army Soldier Fernando Hinestroza 

(11) Army Soldier Nelson Viloria Avendaño 

(12) Army Soldier Germán Manuel Martínez Gómez 

(13) Army Soldier Adelson Padilla Ramos 

E. On March 31, 2009, the Penal Court for the Circuit of Santuario (Antioquia), 

sentenced 3 soldiers from the Army‘s 4 th Artillery Battalion and 7 soldiers from the 

Army‘s 4 th Engineering Battalion to 25 years in prison for aggravated homicide for 

their roles in the deaths of Nelson Abad Ceballos and Yesica Marcela Quintero 

Giraldo, who were then presented as guerillas killed in combat in La Merced, Granada 

(Antioquia), on July 13, 2003. According to the Armed Forces, the two were involved 

in a clash with troops; however, the investigation revealed that they died outside of 

combat. (Prosecutor General‘s Office Case Number 3231) 

From the Army‘s 4 th Artillery Battalion: 

(14) Army Third Corporal Esneider Nieto Duarte 

(15) Army Professional Soldier Jhon Goez Escobar 

(16) Army Professional Soldier Jhon Bayro Zapata Escobar 

From the Army‘s 4 th Engineering Battalion: 

(17) Army Lieutenant Rafael Alberto Orduz Naranjo 

(18) Army Professional Soldier Carlos Adrian Mazo Marín 

(19) Army Professional Soldier Jairo Blandon Valencia 

(20) Army Professional Soldier Elkin Edison Orrego Palacio 

(21) Army Professional Soldier Carlos Edilson Osorio Cárdenas 

(22) Army Professional Soldier Fred Alexander Cañaveral Ramírez 

(23) Army Volunteer Soldier Manuel Santo Ibarguen Valderrama 

F. On March 31, 2009, the Penal Circuit Court of Santuario (Antioquia), sentenced eight 

soldiers from the Army‘s 10 th Infantry Battalion to 25 years in prison for aggravated 

homicide for their roles in the murders of Daniel Enrique Piedrahita, Jhon Edison 

Galeano, Jesús Alberto Londoño, and Juan Dario Arroyave on March 14, 2006, in 

Yaramal (Antioquia). (Prosecutor General‘s Office Case Number 3781) 

(24) Army Soldier Carlos Augusto Jaramillo Rojas 

(25) Army Third Corporal Yeison Fernando Jaime Martínez 

(26) Army Third Corporal Carlos Andrés Torrado Contreras 

(27) Army Soldier César Augusto Alvarez Díaz 

(28) Army Soldier Germán Dario Grajales Calderón 

(29) Army Lieutenant Luís Gabriel Rueda Acevedo 

(30) Army Soldier Wilfreso Eliecer Diaz Ciro 

(31) Army Soldier Oscar Darío Zea Ospina 

UNCLASSIFIED

UNCLASSIFIED 

- 107 - 

G. (31) Army Lieutentant Jorge Alexander Sánchez Castro was absolved of extortion 

and criminal conspiracy charges by the Specialized Court of Antioquia and the 

Tribunal in Antioquia, respectively. Likewise, the case against him for aggravated 

homicide and aggravated kidnapping was closed and the decision was confirmed by a 

prosecutor in Bogotá. (Date of actions and description of crime not available) 


H. (33) Army Lieutenant Carlos Andrés Lora Cabrales was sentenced for human 

rights-related crimes but is contesting the verdict. (Date of actions, court information, 

and description of crime not available) (Prosecutor General‘s Office Case Number 

3139) 

I. The 2 nd Specialized Court in Bogotá sentenced (34) Army Sergeant Guillermo 

Lozano Guerrero on charges of extortive kidnapping, aggravated homicide, and 

criminal conspiracy. However, he has escaped custody and is currently a fugitive at 

large. (Date of sentencing, length of sentence and Description of case not available) 


In addition, during the previous certification period, the Colombian government 

reported that the Prosecutor General‘s Office concluded case proceedings against 19 

members of the Armed Forces in six cases for violations of human rights and for 

collaborating with paramilitary groups. These cases were not included in the previous 

certification because information was not available on them at that time. 

A. On March 30. 2007, (1) Army Vice First Sergeant Juan Carlos Gamarra Polo was 

sentenced to 192 months in prison for human rights-related crimes (Court information 

and description of crime not available) (Prosecutor General‘s Office Case Number 

341) 

B. On April 20, 2007, the Specialized Penal Circuit Court in Quibdó sentenced eight 

Army soldiers for human rights-related crimes (Length of sentence and description of 

crime not available) (Prosecutor General‘s Office Case Number 2280) 

(2) Army Soldier Jair Hurtado Cuesta 

(3) Army Soldier Yeiler Arce Ríos 

(4) Army Soldier Zamir Córdoba Rodríguez 

(5) Army Soldier Francisco Arturo Caicedo Mosquera 

(6) Army Soldier Jarison García Chaverra 

(7) Army Soldier Wilmar Antonio Córdoba Mena 

(8) Army Soldier Bayson David Díaz Gil 

(9) Army Soldier Octavio de Jesús Palacio Taborda 

UNCLASSIFIED

UNCLASSIFIED 

- 108 - 

C. On September 3, 2007, the Penal Circuit Court in Marinilla sentenced three Army 

soldiers (indicted February 20, 2007) to 16 years and 8 months in prison for homicide 

of a protected person for their involvement in the murder of a man in the hamlet of La 

Chapa in El Peñol (Antioquia) on April 10, 2004. (Prosecutor General‘s Office 

Number 2231) 

(10) Army Soldier Jhonatian Ortíz Suaza 

(11) Army Soldier Jhon Jairo Cuervo Rodríguez 

(12) Army Second Corporal Dairo Francisco Mendoza Torres 

D. On October 8, 2007, the (13) Army Corporal Leonardo Montoya Rubiano was 

sentenced to 480 months (40 years) in prison by the 3 rd Specialized Penal Circuit 

Court in Villavicencio (Meta). (Description of case not available) (Prosecutor 


E. On March 14, 2008, the 2 nd Specialized Judge in Antioquia sentenced five soldiers 

from the Army‘s 4 th Engineering Battalion (indicted January 11, 2007) to 34 years in 

prison for homicide and torture of a protected person for their involvement in the 

murder of Juan de Jesús Rendón and threatening with death of his 13-year-old 

daughter on April 23, 2004, in the hamlet of Arenillal in Sonsón (Antioquia). 

(Prosecutor General‘s Case Number 2050) 


(15) Army Professional Soldier Elkin Edilson Orrego Palacio 

(16) Army Professional Soldier Carlos Andrés Ladino Monroy 

(17) Army Professional Soldier Yovanni Presiga Tangarife 

(18) Army Second Sergeant Elmer Torres Rodríguez 

F. On March 31, 2008, the Second Penal Specialized Circuit Court in Cundinamarca 

sentenced (19) Army Sergeant Harold Willian Pejendino (indicted January 5, 2007) 

from the 28 th Air Transport Infantry Battalion to 480 months in prison (40 years) for 

aggravated homicide, aggravated criminal conspiracy, forced disappearance, simple 

kidnapping, and forced displacement. Between March and May 2003, he – and 

several other members of his unit (trial proceeding against them) – collaborated with 

the United Self-Defense Forces of Casanare in the homicide of civilians that the 

paramilitary group believed to be guerilla sympathizers. (Prosecutor General‘s Office 

Case Number 1765) 

UNCLASSIFIED

UNCLASSIFIED 

- 109 - 

Annex E: Proceedings by the Inspector General’s Office 


that the Inspector General‘s Office opened 18 disciplinary processes against 92 members 

of the Armed Forces for alleged violations of human rights and collaboration with 

paramilitary groups: 

A. 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 not available) (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 


B. On August 5, 2008, the Inspector General‘s Office brought disciplinary charges 

against seven members of the Army for their alleged involvement in the homicide of 

four people (names not available), and then presenting their dead bodies clothed like, 

and carrying weapons like those used by, members of illegal armed groups. The 

Prosecutor General‘s Office has also opened an investigation. (Date and location of 

incident not available) (Inspector General‘s Office Case Number 008-106984-2004) 

(6) Army Lieutenant Fredy Zapata Duarte 

(7) Army Vice First Sergeant Jamie Orlando Piragua Millán 

(8) Army Soldier Nelson Eduardo Ayala Bautista 

(9) Army Soldier Melkis Loiza Loaiza 

(10) Army Soldier Jorge Arturo Zambrano 

(11) Army Soldier Fabio Nelson Vargas Alarcon 

(12) Army Soldier Omel Rangel Santamaría 


C. On August 14, 2008, the Inspector General‘s Office brought disciplinary charges 

against five members of the Army for their alleged involvement in the homicides of 

Willinton Paz and Benavides Valencia in Santa Teresa (Bolivar). The Prosecutor 

General‘s Office has also opened an investigation. (Date of incident not available) 


UNCLASSIFIED

UNCLASSIFIED 

- 110 - 


(13) Army Soldier Aldemar Uresti Narvaez 

(14) Army Soldier Jesus Ubeimar Melendez Zemanate 

(15) Army Soldier Edwin Guzman Trujillo 

(16) Army Second Corporal Manuel José Molina Pérez 

(17) Army Soldier Walmer Dominguez Rodriguez 

(18) Army Soldier José Andres ManquilloAgredo 


D. On September 15, 2008, the Inspector General‘s Office brought disciplinary charges 


Juan Andres Vera Munera in Cedro (Cundinamarca). The Prosecutor General‘s 

Office has also opened an investigation. (Date of incident not available) (Inspector 

General‘s Office Case Number 008-117613-2005) 

(13) Army (Rank listed as Commander) Bill Frank Arroyo Bunz 

(14) Army Professional Soldier Fabio Albarracin 

(15) Army Professional Soldier José Gregorio Laverde Londoño 

(16) Army Professional Soldier Eyder Lemeche Chasqui 

(17) Army Professional Soldier Andres Latorre Carreño 

(18) Army Professional Soldier Guillermo Lara Caviedes 

(19) Army Professional Soldier César Valentín Leyva Manjares 


E. On September 18, 2008, the Inspector General‘s Office brought disciplinary charges 

against four members of the Army for their alleged involvement in the homicide of 

Jesus Antonio Carvajal Girsales on July 1, 2007, in Genova (Quindio). The 



(20) Army Third Corporal Fabian Hernandez Rodriguez 

(21) Army Soldier Edeyvis Miranda Barba 

(22) Army Soldier Juvenal Lopez Rodriguez 

(23) Army Second Lieutenant Alvaro Giovanny Moreno Galindo 


F. On September 18, 2008 the Inspector‘s General‘s Office brought disciplinary charges 

against (24) Army First Sergeant David Sierra for his alleged role in the homicide 

of Rosa Benavides, Gloria Sanchez, and minor Juan Guillermo. The Prosecutor 

General‘s Office has also opened an investigation. (Date and location of incident not 

available) (Inspector General‘s Office Case Number 008-115801-2005) 

UNCLASSIFIED

UNCLASSIFIED 

- 111 - 

G. On October 18, 2008, the Inspector General‘s Office brought disciplinary charges 

against five members of the Army for their alleged role in the homicide of Gustavo de 

Jesús Zuleta Caño in the district of El Davio and Roldanillo (Valle de Cauca) on July 

24, 2006. The Prosecutor General‘s Office has also opened an investigation. 


(25) Army Captain Carlos Onofre Baez Suarezecer 

(26) Army Second Lieutenant Ivan Giovanni Pachón Jimenez 

(27) Army Soldier Werley Vidal Diaz 

(28) Army Soldier Guillermo Sandoval Rojas 

(29) Army Soldier Luis Andres Redondo Diaz 


H. On October 22, 2008, the Inspector General‘s Office brought disciplinary charges 

against three members of the Army for their alleged involvement in the homicide of 

Ovidio de Jesus Florez Gaviria in the district of Narciso in Urrao (Antioquia). The 

Prosecutor General‘s Office has also opened an investigation. (Date of incident not 


(30) Army Soldier Freddy Agudelo Saldarriaga 

(31) Army Second Corporal Samuel Ayala Diaz 

(32) Army Soldier Juan Carlos Ochoa Orozco 


I. On October 22, 2008, the Inspector General‘s office brought disciplinary charges 

against two members of the Army for their alleged involvement in the homicide of 

Juan de Dios Garcia Julio in district of Hoyo Hondo Otare in Rio Oro (César) The 



(33) Army Professional Soldier Iver Antonio Torres Celon 

(34) Army Lieutenant Ángel Garcia Ochoa 


J. On October 22, 2008, the Inspector General‘s Office brought disciplinary charges 


Juan Guillermo Baena Palacio in the district of Quebrada Negra (Cundinamarca). The 



(35) Army Second Sergeant Schell Aurelio Victorecer 

(36) Army Soldier Luis Arias Manco 

(37) Army Soldier José Osorio Osorio 

(38) Army Soldier Jaime Vargas Sanchez 

UNCLASSIFIED

UNCLASSIFIED 

- 112 - 

(39) Army Soldier Ricardo Higuita Suarez 

(40) Army Soldier Wilson Chaverra Diaz 

(41) Army Soldier David Urrego Hernandez 


K. On October 29, 2008, the Inspector General‘s office brought disciplinary charges 

against eight members of the Army from the 26 th Infantry Battalion (―Cacique 

Pigoanza‖), 3 rd Squadron of the ―Bayoneta‖ Company, for their alleged responsibility 

in the homicide of Jhon Freddy Barco Gutierrez on January 10, 2005, in the district of 

La Danta in Algeciras (Huila). The soldiers allegedly presented him as killed in 

combat after a confrontation with the FARC, and labeled him as a no-name (―NN‖) 

FARC member, alias ―El Conejo.‖ The Inspector General‘s Office has classified the 

incident as a grave violation of human rights. The Prosecutor General‘s Office has 

also opened an investigation. (Inspector General‘s Office Case Number 008-129056- 

2005) 

(42) Army Captain César Augusto Gonzalez Caballero 

(43) Army First Corporal Edwin Saldaña Pinzon 

(44) Army Second Corporal Harold Corporal Gaitán Ospina 

(45) Army Soldier Herlendy Trujillo Ordonez 

(46) Army Soldier Pedro Guanarita Ortiz 

(47) Army Soldier Carlos Campos Imbanchi 

(48) Army Soldier Luis Garzon Bustos 

(49) Army Soldier Yesid Olaya Rivera 


L. On October 31, 2008, the Inspector General‘s Office brought disciplinary charges 

against two members of the Army for their alleged role in the illegal detention of 

various people in the district of Santo Domingo in Vista Hermosa (Meta). The 


available) (Inspector General‘s Office Case Number: 155-141191-2006) 

(50) Army Cornel Carlos Hugo Ramírez Zuluaga 

(51) Army Captain Miltón Guillermo 


M. On November 20, 2008, the Inspector General‘s Office brought disciplinary charges 

against three members of the Army for their alleged involvement in the homicides of 

Genaro Quintero Cardona and Eudilo de Jesús Loaíza. The Prosecutor General‘s 

Office has also opened an investigation. (Date and location of crime not available) 


(52) Army Second Lieutenant Jimmy Abril Ramirez 

UNCLASSIFIED

UNCLASSIFIED 

- 113 - 

(53) Army Professional Soldier Wilson Taborda Echeverri 

(54) Army Professional Soldier Antonio Aguirre Lopez 


N. On January 9, 2009, the Inspector General‘s Office brought disciplinary charges 

against five members of the Army for their alleged involvement in the homicide of 

Yajaira Cristina Nieves Oñate, a member of the Wiwa indigenous community, and 

injury to a minor, Betsy Cristina Nieves Oñate, on March 7, 2006 in the rural area of 

the municipality of Molino (Guajira). The Prosecutor General‘s Office has also 

opened an investigation. (Date of incident not available) (Inspector General‘s Office 

Case Number 155-149989-2006) 

(55) Army Sub Lieutenant Nixón Pabón Sandoval 

(56) Army Second Sergeant Samir Enrique Bravo Oviedo 

(57) Army Professional Soldier Andis Miguel Pacheco Lozano 

(58) Army Professional Soldier Nando Miguel Padilla Quintero 

(59) Army Professional Soldier Felipe Barriosnuevos Gutiérrez 


O. On January 13, 2009, the Inspector General‘s Office brought disciplinary charges 

against five members of the Army for their alleged role in the homicide of Fabio 

Nelsón Rodríguez on March 18, 2005, in the district of Llanos de Urraco in the 

municipality of Buriticá (Antioquia). The Prosecutor General‘s Office has also 

opened an investigation. (Inspector General‘s Office Case Number 155-142987- 

2006). 

(60) Army Captain Iván Andrés González Villafane 

(61) Army Vice First Sergeant Luis Germán Solarte Mora 

(62) Army Professional Soldier Juan Santiago Guerra Álvarez 

(63) Army Professional Soldier Carlos Andrés Agudelo Zapata 

(64) Army Soldier Jeimin Valoyes Murillo 


P. On March 30, 2009, the Inspector General‘s Office brought disciplinary charges 

against ten members of the Army for their alleged role in the arbitrary detention and 

subsequent death of a man from the Nasa indigenous community, Duglas Antonio 

Pérez Silvaja, on August 6, 2006, in the district of Villa de Leyva in Las Caramelitas 

de Puerto Asís (Putumayo). The Prosecutor General‘s Office has also opened an 

investigation. (Inspector General‘s Office Case Number 155-149991-2006) 

(65) Army Second Lieutenant Oscar Fernando Murcia Peña 

(66) Army Second Corporal Ronald Andrés Cárdenas Fajardo 

(67) Army Professional Soldier Nilvio Ivito Sancho 

UNCLASSIFIED

UNCLASSIFIED 

- 114 - 

(68) Army Professional Soldier Jarol Mauricio García Perdomo 

(69) Army Second Lieutenant José Yesid Chaparro Quintero 

(70) Army Second Lieutenant Abisaid Serrano Rincón 

(71) Army Second Sergeant Oscar Hernán Briñas Espitia 

(72) Army Second Corporal Carlos Alberto Beltrán Sarmiento 

(73) Army Second Corporal Robín Francisco Bustos Castrañeda 

(74) Army Professional Soldier Bleyner Salazar Quisicue 


Q. On April 20, 2009, the Inspector General‘s Office brought disciplinary charges against 

five members of the Army for their alleged involvement in the homicide of Kennides 

Enrique Pedrozo Vanega and María Elena Pertuz on February 9, 2007, in the district 

of El Limón in Caracolí in the rural zone of San Juan del César (La Guajira). The 


Office Case Number 155-161418-2007). 

(75) Army Vice First Sergeant Claudio Verú Gómez 

(76) Army Third Corporal Gilwen Enrique García Escobar 

(77) Army Professional Soldier José Miranda Guerra 

(78) Army Professional Soldier José Alejandro Perea Ipuana 

(79) Army Professional Soldier Enrique Mieles Yorguin 


R. The Inspector General‘s Office brought disciplinary charges against seven members of 

the Army‘s José Hilario López Battalion (date of charges unknown) 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 has also 

opened an investigation. (Prosecutor General‘s Office Case Number 7000/Inspector 








UNCLASSIFIED

UNCLASSIFIED 

- 115 - 


UNCLASSIFIED

UNCLASSIFIED 

- 116 - 

Annex F: Continuation of Proceedings by Inspector General’s Office 


that the Inspector General‘s Office continued disciplinary proceedings against 138 

members of the Armed Forces involved in 19 cases listed in previous certifications for 

violations of human rights and collaborating with paramilitary groups. Where known, the 

date disciplinary charges were originally brought against each individual is included (the 

count of the list below varies from the total number of individuals detained as some 

individuals are listed under multiple cases): 

A. The Inspector General‘s Office continued proceedings against four soldiers from the 

Army‘s 28 th Air Transport Infantry Battalion. The four, and one other soldier from 

their unit (Army Sergeant Harold William Pejendino, who was convicted and 

sentenced to 20 years in prison on March 31, 2008), allegedly collaborated with the 

United Self-Defense forces in Casanare in Viota (Cundinamarca) between March and 

May 2003 in the homicide of civilians that the paramilitary group deemed to be 

guerilla sympathizers. The Prosecutor General‘s Office has also opened an 

investigation. ((Prosecutor General‘s Office Case Number 1765/Inspector General‘s 


(1) Army Sergeant Harold William Pejendino 

(Prosecutor General’s Office convicted him and sentenced him to 20 years in 

prison on March 31, 2008) 

(2) Army Colonel (retired) Rodrigo Alfonso Gonzales Medina 

(3) Army Major Alexander Lizarazo Parra 

(4) Army Major Alejandro Robayo Rodriguez 

B. The Inspector General‘s Office continued proceedings against five soldiers (charges 

originally brought November 28, 2007) from the Army‘s 4 th Engineering Battalion for 

their involvement in the murder of Juan de Jesús Rendón and threatening with death 

of his 13-year-old daughter on April 23, 2004, in the hamlet of Arenillal in Sonsón 

(Antioquia). The Prosecutor General‘s Office also conducted an investigation, in 

which the five were sentenced to 34 years in prison. (Prosecutor General‘s Case 

Number 2050/ Inspector General‘s Office Case Number 008-112357-2004) 


(6) Army Professional Soldier Elkin Edilson Orrego Palacio 

(7) Army Professional Soldier Carlos Andrés Ladino Monroy 

(8) Army Professional Soldier Yovanni Presiga Tangarife 

(9) Army Second Sergeant Elmer Torres Rodríguez 


UNCLASSIFIED

UNCLASSIFIED 

- 117 - 

C. The Inspector General‘s Office continued proceedings against eleven Army soldiers 

(charges originally brought March 16, 2007) for their alleged responsibility in the 

homicide of a civilian during combat n January 25, 2003, in San Carlos (Antioquia). 

The Prosecutor General‘s Office has also opened an investigation. (Prosecutor 

General‘s Office Case Number Unknown/Inspector General‘s Office Case Number 

008-108363-2004) 

(10) Army Lieutenant Nelson Enrique Carvajal Chico 

(11) Army Second Lieutenant Jaime Humberto Arteaga Villegas 

(12) Army Second Lieutenant Carlos César Cabrera Vásquez 

(13) Army Soldier Francisco Javier Bautista Payares 

(14) Army Soldier Eder Luís Contreras Torres 

(15) Army Soldier Walter Antonio Duque Giraldo 

(16) Army Soldier Ely de Jesús López Giraldo 

(17) Army Soldier Willinton Aldemar Marín Arias 

(18) Army Soldier Luís Anibal Marín Giraldo 

(19) Army Soldier José Raúl Ocampo Vélez 

(20) Army Soldier Jhon Edison Rentaría Palacios 

D. The Inspector General‘s Office continued proceedings against three Army soldiers 

(charges originally brought March 26, 2007) for their alleged role in the disappearance 

and homicide of Jhon Jairo Sepúlveda on November 19, 2003, in Urrao (Antioquia). 



008-143276-2006) 

(21) Army (rank listed as Commander) Ali Garay Saleg 

(retired on January 24, 2008) 

(22) Army (rank listed as Commander) Edinson Duarte Osma 

(23) Second Lieutenant Roelfi Quevado Murcia 

E. The Inspector General‘s Office continued proceedings against twelve members of the 

Army‘s 6 th Brigade (charges originally brought March 28, 2007) for allegedly 

colluding with paramilitaries in the disappearance of civilians in November 2003 in 

Cajamarca (Tolima) The Prosecutor General‘s Office has also opened an 

investigation. (Prosecutor General‘s Office Case Number 1893/Inspector General‘s 


(24) Army Second Sergeant Wilson Hernándo Casallas Suescun 

(25) Army Captain Esteban Francisco Blanco 

(26) Army Lieutenant Juan Carlos Rodríguez Agudelo 

(27) Army Third Corporal (retired) Oscar Javier Ángel González 

(retired on April 16, 2007) 

UNCLASSIFIED

UNCLASSIFIED 

- 118 - 

(28) Army Soldier Freddy Alexander Galindo 

(29) Army Soldier Marco Tulio Gueche Pérez 

(30) Army Soldier José Wilson Lievano Gutierrez 

(31) Army Soldier Alempifen Rodríguez Bermudez 

(32) Army Edilberto Marín Malesta 

(33) Army Soldier Albeiro Pérez Duque 

(34) Army Soldier Jacid Rodríguez Hernández 

(35) Army Soldier Omar Beltrán Blanco 

F. The Inspector General‘s Office continued proceedings against five Army soldiers 

(charges originally brought March 30, 2007) for their alleged responsibility for 

irregular operations that led to the death of José Rubiel Caicedo on March 21, 2004, in 

El Limón, Chaparral (Tolima). The Prosecutor General‘s Office has also opened an 

investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector 


(36) Army Vice-First Sergeant William Cuervo Ruíz 

(37) Army Soldier Rafael González Barreto 

(38) Army Soldier Edier Mendoza García 

(39) Army Soldier Rubén Darío Vélez Serna 

(40) Army Soldier Jhon Jairo Totena Ducuara 

G. The Inspector General‘s Office continued proceedings against 17 Army soldiers 

(charges originally brought July 27, 2007) for their alleged responsibility in the 

homicide of Gildardo de Jesús Martínez and forced disappearance in Santa Rosa 

(Nariño) on August 3, 2005. The Prosecutor General‘s Office has also opened an 



(41) Army Lieutenant Colonel Trino Ríos Sanabria 

(42) Army Lieutenant Colonel Juan Carlos Piza Gavíria 

(43) Army Second Lieutenant Wilson Antonio García Silva 

(44) Army Second Corporal Luía E. Yunda Carranza 

(45) Army Second Corporal José Ángel Cano González 

(46) Army Soldier Eliuth Rosales Suárez 

(47) Army Soldier Ramiro de Jesús Carvajal 

(48) Army Soldier Julián Garcés García 

(49) Army Soldier Oswaldo Patino Ospina 

(50) Army Soldier Henry Uriel Chávez Mosquera 

(51) Army Soldier Alfredo Segundo Díaz Oquendo 

(52) Army Soldier Andrés Alexander Lodoño Chavarria 

(53) Army Soldier Oscar Alberto Nuño Palacio 

UNCLASSIFIED

UNCLASSIFIED 

- 119 - 

(54) Army Soldier Jorge Enrique Parra Chavez 

(55) Army Soldier Marlon Tapasco 

(56) Army Soldier Jhon Jairo Taborda García 

(57) Army Soldier Jhonny Daniel Sánchez Viloria 

H. The Inspector General‘s Office continued proceedings against seven Army soldiers 

(charges originally brought August 21, 2007) for their alleged role in the 

disappearance and homicide of Edilberto Vásquez Cardona, a member of the San José 

de Apartadó Peace Community, on January 12, 2006. The Prosecutor General‘s 

Office also conducted an investigation, and on March 26, 2009, sentenced the seven to 

30 years in prison. (Prosecutor General‘s Office Case Number 3131/Inspector 


(58) Army Second Sergeant Fredy Torres Botero 

(59) Army First Corporal Regino Ceren Paz 

(60) Army Soldier César Duvan Ciro Martínez 

(61) Army Soldier Fernando Hinestroza 

(62) Army Soldier Nelson Viloria Avendaño 

(63) Army Soldier Germán Manuel Martínez Gómez 

(64) Army Soldier Adelson Padilla Ramos 

I. The Inspector General‘s Office continued proceedings against 15 Army soldiers 

(charges originally brought October 10, 2007) for their alleged responsibility for the 

arbitrary detention, torture, and execution of Misael Alexander Guerrero, Yuber 

Armando Conteras Alvarez, Berney Guerrero Bohorquez, Nelson Enrique Arias 

Ramírez, and Hilda Blanco Cruz Montejo on May 25, 2005. The Prosecutor 

General‘s Office has also opened an investigation. (Prosecutor General‘s Office Case 

Number Unknown/Inspector General‘s Office Case Number 155-126297-2005) 

(65) Army Colonel Juan Enrique Martínez Puello 

(66) Army Second Lieutenant Hizer Etiel Melendez 

(67) Army Soldier José Humberto Barrera Lizarazo 

(68) Army Soldier Didier Calderón Rodríguez 

(69) Army Soldier Ricardo Pérez Garzón 

(70) Army Soldier Jairo Oros Morales 

(71) Army Soldier Luís Mancipe Peroza 

(72) Army Soldier César Augusto Martínez Arias 

(73) Army Soldier Rodrigo Osuna Rivera 

(74) Army Soldier Melquia Edilson Ortíz Bosa 

(75) Army Soldier Eider Manuel Vásquez Martínez 

(76) Army Soldier Juan Alberto Murillo 

(77) Army Soldier Tito Alexander González Avella 

UNCLASSIFIED

UNCLASSIFIED 

- 120 - 

(78) Army Soldier Jorge Eliecer Hernández Camargo 

(79) Army Soldier Rutbel Chavita Tumay 

J. The Inspector General‘s Office continued proceedings against three Army soldiers 

(charges originally brought October 30, 2007) for their alleged responsibility for the 

extrajudicial killing of Marco Tulio Moreno Torres on July 14, 2005, in Valdivia 

(Antioquia). The Prosecutor General‘s Office has also opened an investigation. 

(Prosecutor General‘s Office Case Number Unknown/Inspector General‘s Office Case 

Number 155-142047-2006) 

(80) Army Second Sergeant Willian Pinta Vásquez 

(81) Army Soldier Elidor Valoyes Córdoba 

(82) Army Soldier Giovanny Rafael Salgado Hoyos 

K. The Inspector General‘s Office continued proceedings against five Army soldiers 

(charges originally brought November 19, 2007) for their alleged responsibility in the 

detention and forced displacement of Saul Lamfrey Manco Jaramillo on June 1, 2006, 

in Bello (Antioquia). The Prosecutor General‘s Office has also opened an 



(83) Army Major Luís Carlos Martínez Cristancho 

(removed through discretional authority on August 15, 2006) 

(84) Army Captain Eduardo Andrés Delgado Villalba 

(removed through discretional authority on August 15, 2006) 

(85) Army Second Lieutenant Oscar Fabian Vargas Barrera 

(removed through discretional authority on June 9, 2006) 

(86) Army Soldier Luís Edison Marín Trujillo 

(removed through discretional authority on June 9, 2006) 

(87) Army Soldier Davinson Mosquera Berrio 

L. The Inspector General‘s Office continued proceedings against four Army soldiers 

(charges originally brought December 10, 2007) for their alleged role in the forced 

disappearance of Arnoldo Naranjo Ramírez near the Picudo River in Pradera, Puerto 

Caicedo (Putumayo) on January 23, 2005. The Prosecutor General‘s Office has also 

opened an investigation. (Prosecutor General‘s Office Case Number 

Unknown/Inspector General‘s Office Case Number 155-136642-2005) 

(88) Army Second Lieutenant Andrés Augusto Ayala Corredor 

(89) Army Soldier Giovanny Cardenas Giron 

(90) Army Soldier Jairo Peña Guetio 

(91) Army Soldier Ledwin Mina Larrahondo 

UNCLASSIFIED

UNCLASSIFIED 

- 121 - 

M. The Inspector General‘s Office continued proceedings against two Army soldiers 

(charges originally brought December 10, 2007) for not stopping a raid by a 

paramilitary group that caused the death of two people on December 1, 2003, in 

Llorente (Nariño). The Prosecutor General‘s Office has also opened an investigation. 


Number 009-116126-205) 

(92) Army Major José David Vásquez Acevado 

(also listed as #137 on this list) 

(93) Army Captain Juan Carlos Dueas Mejía 

N. The Inspector General‘s Office continued proceedings against four Army soldiers 

(charges originally brought December 14, 2007) for their alleged responsibility for the 

irregular capture of, and possible false testimony against, Pedro Antonio Henao 

Rincón on May 5, 2004, in Planadas (Tolima). The Prosecutor General‘s Office has 

also opened an investigation. (Prosecutor General‘s Office Case Number 


(94) Army Lieutentant Colonel José Dumar Giraldo Hernández 

(95) Army Major William Fernando Rubio Moreno 

(96) Army Captain Berardo Siachoque Celys 

(97) Army Soldier (retired) Adolfo Osorio Sarmiento 

(retired on July 30, 2004) 

O. The Inspector General‘s Office continued proceedings against three Army soldiers 

(charges originally brought December 18, 2007) for alleged irregularities in 

expediting the transportation of fuels and paramilitary collusion in Caquetá between 

2002 and 2003. The Prosecutor General‘s Office has also opened an investigation. 


Number 009-98722-2004) 

(98) Army Colonel (retired) Ángel Sierra Santos 

(99) Army Lieutenant Colonel José Fernando Mejía Araujo 

(100) Army Major Javier Alberto Carreño Vargas 

(101) Army Soldier Luís Fernando Cadavid Florez 

P. The Inspector General‘s Office continued proceedings against 17 Army soldiers 

(charges originally brought September 7, 2007) for the illegal detention and homicide 

of civilians, as well as embezzlement, during Operation Feroz on November 24, 2003 

in Bogotá (Cundinamarca). The Prosecutor General‘s Office has also opened an 

investigation, which is being handled by the 1 st Penal Circuit Court in Villavicencio. 

(Prosecutor General‘s Office Case Number 2005-0062-00/Inspector General‘s Office 

Case Number 009-129388-2005) 

UNCLASSIFIED

UNCLASSIFIED 

- 122 - 

(102) Army Captain Dario Clemente Fajardo Barco 

(103) Army Second Sergeant Jorge Armando Bernal Cruz 

(104) Army Second Sergeant Fabio Orlando Vargas Higuita 

(105) Army First Corporal José Antonio Mena Mosquera 

(106) Army Professional Soldier Humberto Alexis Sánchez González 

(107) Army Professional Soldier Carlos Alberto Moreno Ortíz 

(108) Army Professional Soldier Nolberto Martínez Aguilera 

(109) Army Professional Soldier Giovanni León Méndoz 

(110) Army Professional Soldier Marco Enrique Moreno Abril 

(111) Army Professional Soldier Francisco Forero García (alias “Patacón”) 

(112) Army Professional Soldier Jesús Albarraín Galvis 

(113) Army Professional Soldier Luís Moreno Parra (alias “Cachetes”) 

(114) Army Professional Soldier Bayron Rodríguez Salinas 

(115) Army Professional Soldier Geovanny Martínez Mateus 

(116) Army Professional Soldier Iván Grajales Rendón 

(117) Army Professional Soldier Jhon Zapata Duarte 

(118) Army Professional Soldier Javier León Barreto 

Q. The Inspector General‘s Office continued proceedings against 18 Army soldiers (date 

of charges unknown) for cruel, inhumane, and degrading treatment and torture of 21 

soldiers at the Army Instruction and Training Center in Piedras (Tolima) on January 

25, 2006. The Prosecutor General‘s Office has also opened an investigation into the 

incident, which is being handled by 1 st Specialized Judge in Ibague (Tolima), and has 

indicted 20 soldiers. (Prosecutor General‘s Office Case Number Unknown/Inspector 


(119) Army Lieutenant Jesús Alfonso Rojas Quintero 

(120) Army Professional Soldier Giovanny Arévalo Ballén 

(121) Army Professional Soldier Edwin Daniel Rozo Gutiérrez 

(122) Army Professional Soldier Jhon Cadena Gutiérrez 

(123) Army First Corporal José Rafael Tarazona 

(124) Army Third Corporal Jairo Alonso Lora Fuentes 

(125) Army Third Corporal Sergio Andrés Muriel Quiroga 

(126) Army Third Corporal Hugo Alberto Mestra Agudelo 

(127) Army Third Corporal Inalberto Avila Mesa 

(128) Army Professional Soldier Álvaro Yeisson Acosta Sánchez 

(129) Army Second Lieutenant Hair Alexander Monroy González 

(130) Army Third Corporal Juan Pablo Rodríguez Bermudez 

(131) Army Second Lieutenant Cristian Camilo Barrera Echeverri 

(132) Army Second Lieutenant Javier Arturo Pachon Reina 

(133) Army Third Corporal Yeison Díaz Mosquera 

UNCLASSIFIED

UNCLASSIFIED 

- 123 - 

(134) Army Third Corporal Deby de Jesús Restrepo Padilla 

(135) Army Second Lieutenant José Ilber Bernal Pinilla 

(136) Army Third Corporal Javier Albeiro Cardona Graciano 

R. The Inspector General‘s Office continued proceedings against (137) Army Major 

José David Vásquez Acevado (also listed as #92 on this list) (charges originally 

brought December 14, 2007) for alleged irregularities in soliciting a modification to a 

report turned over by Army Captain Reyes Bottia on December 5, 2003, on actions 

that occurred on December 1-2, 2003, in Bogotá (Cundinamarca). The Prosecutor 



S. The Inspector General‘s Office continued proceedings against (138) Army 

Lieutenant Colonel César Enrique de la Cruz Paez (charges originally brought 

November 13, 2007) for allegedly torturing and depriving of freedom a 12-year-old 

minor in Puerto Rico (Caquetá). The Prosecutor General‘s Office has also opened an 



UNCLASSIFIED

UNCLASSIFIED 

- 124 - 

Annex G: Resolution of Cases by Inspector General’s Office 

Between June 16, 2008, and June 15, 2009, 56 the Colombian government reported 

that the Inspector General‘s Office concluded case proceedings against 70 members of 

the Armed Forces involved in 25 cases of violations of human rights and/or collaborating 

with paramilitary groups. In concluding these cases, the Inspector General‘s Office 

suspended 13 members of the Colombian Armed Forces, removed 44 from duty and 

barred them from public service for a period of time, and 14 were absolved of charges. 

A. On June 16, 2008, the Inspector General‘s Office closed its investigation against (1) 

Army Soldier Wilfer Cardona García (charges originally brought September 18, 

2007), finding that he did not sexually abuse a woman in Fortul (Arauca) on March 3, 

2003, as alleged. The Prosecutor General‘s Office has not opened an investigation. 


B. On August 5, 2008, the Inspector General‘s Office removed two Army soldiers 

(charges originally brought October 30, 3007) from duty and barred them from public 

service for 20 years for their alleged role in homicides and displacements in Badillo- 

Patillal on August 30, 2003. The Prosecutor General‘s Office has also opened an 



(2) Army Third Corporal Carmelo Antonio Pacheco Ramírez 

(3) Army Second Lieutenant José Emiliano Moreno Trigos 

C. On August 28, 2008, the Inspector General‘s Office removed seven Army soldiers 

(date of charges unknown) from duty and barred them from public service for 20 years 

for their involvement in the homicide of Jorge Eduardo Prieto (President of Anthoc 

Arauca), Leonel Goyeneche (Regional Treasurer of the CUT Labor Union) and Héctor 

Martinez (regional peasant leader) during a military operation on August 5, 2004, in 

Saravena (Arauca). The soldiers are appealing the decision. The Prosecutor 



(4) Army Colonel Luís Francisco Medina Corredor 

(5) Army Captain Hiznardo Alberto Bravo Zambrano 

(6) Army Captain Luís Eduardo Castillo Arbeláez 

(7) Army Second Lieutenant Juan Pablo Ordóñez Cañón 

(8) Army Soldier Oscar Saúl Cuta Hernández 

(9) Army Soldier Jhon Alejandro Hernández Suárez 

(10) Army Soldier Walter Loaiza Culma 


UNCLASSIFIED

UNCLASSIFIED 

- 125 - 

D. On October 12, 2008, the Inspector General‘s Office closed its case against (11) 

Army Soldier José Mauricio Camacho Guarin (charges originally brought 

December 18, 2007), absolving him of charges for allegedly conducting a raid without 

a judicial order on December 23, 2003, in Bogotá (Cundinamarca). The Prosecutor 



E. On October 27, 2008, the Inspector General‘s Office removed (12) Army Captain 

Jhon Henry Paredes Céspedes (charges originally brought November 14, 2007) 

from duty and barred him from public service for 12 years for allegedly torturing 

Miguel Dario and Natanael Aias Mauje on September 26, 2002, in Tame (Arauca). 

Paredes Céspedes has appealed this decision. The Prosecutor General‘s Office has 

also opened an investigation. (Prosecutor General‘s Office Case Number 


F. On October 29, 2008, the Inspector General‘s Office archived its case (no further 

information given) against three Army soldiers (charges originally brought December 

7, 2007) for allegedly intimidating voters, while armed and wearing their camouflage 

uniforms on October 25, 2003, in Saravena (Arauca). The Prosecutor General‘s 

Office has also opened an investigation. (Prosecutor General‘s Office Case Number 


(13) Army Colonel Santiago Herrera Fajardo 

(14) Army Captain Marco Aurelio Capacho Gómez 

(15) Army Soldier Joseph May Rodríguez Cuervo 

G. 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 


(16) Army Second Sergeant Fruccen Kennedy Casas Antonio 

(suspended from service for two months) 

(17) Army Soldier (retired) Luía Parada Luna 

(removed from duty and barred from public service for 10 years; 

retired June 26, 2004) 

H. On November 11, 2008, the Inspector General‘s Office closed its case against (18) 

UNCLASSIFIED

UNCLASSIFIED 

- 126 - 

Army Second Lieutenant Carlos Eduardo Godoy Urrea (charges originally 

brought August 24, 2007) absolving him of charges in the death of Carlos Alberto 

Gómez Ruíz between Apartadó, Pepe, and Jurado (Antioquia) on November 1, 2003. 



008-108033-2004) 

I. On December 10, 2008, the Inspector General‘s Office closed its case against five 

Army soldiers (charges originally brought December 18, 2007), suspending them 

from duty for allegedly conducting a raid without a judicial order on December 26, 

2003, in Bogotá (Cundinamarca). Upon completion of disciplinary action, on January 

21, 2009, the Inspector General‘s Office archived the case. The Prosecutor General‘s 

Office has also opened an investigation. (Prosecutor General‘s Office Case Number 

536/Inspector General‘s Office Case Number 022-097428-2004) 

(19) Army Lieutenant Colonel Alfonso Otto Quinones Arboleda 


(20) Army Major Mauricio Armando Trivino Sierra 


(21) Army Major Mauricio Llorente Chavez 

(retired through discretional authority on March 11, 2004) 

(22) Army Captain Jhon Jaiber Cardenas Osorio 

(retired through discretional authority on March 3, 2004) 

(23) Army Soldier Vera Ismael Hernández 

(retired through discretional authority on January 3, 2004) 

J. On December 16, 2008, the Inspector General‘s Office removed (24) Navy Second 

Lieutenant Alfonso Iván Colmenares Jimenez (charges originally brought February 

14, 2007) from duty and barred him from public service for 12 years for his alleged 

role in the homicide of two civilians, Ladys Tatiana Blanco Jaraba and Leonardo de 

Jesús Blanco, on December 2, 2004 on the Western Troncal Highway, which connects 

Carmen de Bolívar and Ovejas (Sucre). The Prosecutor General‘s Office has also 

opened an investigation. (Prosecutor General‘s Office Number Unknown/Inspector 


K. On December 18, 2008, the Inspector General‘s Office removed (25) Army First 

Sergeant José Nolberto Díaz Cortes (charges originally brought July 24, 2007) from 

duty and barred him from public service for 12 years for his role in the homicide of 

two civilians, Sabarain Calvo Aricapa and Carlos Norberto Calvo Tapasco, in 

Bajosevilla, Supia (Caldas) on December 27, 2003. The Prosecutor General‘s Office 

has also opened an investigation. (Prosecutor General‘s Office Case Number 

UNCLASSIFIED

UNCLASSIFIED 

- 127 - 


L. On February 2, 2009, the Inspector General‘s Office removed five Army soldiers 

from duty and barred them from public service for their alleged involvement in the 

homicide of Jhon Jairo Cespedes on July 16, 2003, in the district of Roble in the 

municipality of Palermo (Huila). (Unknown whether the Prosecutor General‘s Office 

has also opened an investigation.) (Inspector General‘s Office Process Number 008- 

091217-2003) 

(26) Army Captain Gustavo Adolfo Mosquera Copete 

(27) Army Soldier Henry Espitia Rojas 

(28) Army Second Lieutenant César Augusto Pena Rodriguez 

(29) Army Second Lieutenant John Carlos Guzman Acevedo 

(30) Army Soldier Francisco Javier Franco Franco 

M. On February 9, 2009, the Inspector General‘s Office removed 13 Army soldiers (date 

of charges unknown) from duty and barred them from public service for their alleged 

involvement in the homicide of Diosides Caicedo Palomar (date and location of crime 

not given). (Unknown whether the Prosecutor General‘s Office has also opened an 

investigation.) (Inspector General‘s Office Case Number 008-098537-2004) 

(31) Army Soldier Héctor Alonso Lodoño Ortiz 

(32) Army Soldier Dinael Antonio Sierra Franco 

(33) Army Soldier John Jawin Caicedo Sanchez 

(34) Army Soldier Wilinton Oliveros Lopez 

(35) Army Soldier Angel Vicente Clavijo Martinez 

(36) Army Soldier Luis Leisy Delbasto Arias 

(37) Army Soldier Richar Hernan Espinosa Dazza 

(38) Army Soldier Fernando Vargas Chavarro 

(39) Army Soldier Marco Aurelio Millan Duran 

(40) Army Soldier Diego Arturo Mongragon Cortes 

(41) Army Soldier Jorge Alexander Arias Florez 

(42) Unnamed Soldier, listed as 008-103553-2004 

(43) Unnamed Soldier, listed as 008-103553-2004 

N. On March 3, 2009, the Inspector General‘s Office nullified the charges against three 

Army soldiers (charges originally brought September 28, 2007, for the injuries caused 

to and theft against Héctor José Camargo Mora in Saravena (Arauca) on February 20, 

2007. The Prosecutor General‘s Office has not opened an investigation. (Inspector 


(44) Army Soldier Miguel Ángel Roa Reyes 

(45) Army Soldier Wilmer Giovanni Prieto Mora 

UNCLASSIFIED

UNCLASSIFIED 

- 128 - 

(46) Army Soldier Oscar Andrés Delgado 

O. On April 13, 2009, the Inspector General‘s Office removed four Army soldiers 

(charges originally brought September 3, 2007) from duty and barred them from 

public service for 10 years for illegally detaining, and physically and psychologically 

torturing Eniel Estrada Ruíz, Estrada Alberto Cuesta, and Juliao Pallares Elvis in 

Morales (Bolívar) on May 18, 2005. The Prosecutor General‘s Office has also opened 

an investigation. (Prosecutor General‘s Office Case Number Unknown/Inspector 


(47) Army Sergeant Robinson Guarin Hernández 

(48) Army Third Corporal José Vicente Pena Sánchez 

(49) Army Third Corporal Wilson Sánchez Espinoza 

(50) Army Soldier Martín Rodríguez González 

P. On April 13, 2009, the Inspector General‘s Office closed its case against six Army 

soldiers (date of charges unknown), suspending them from duty for 12 months for 

alleged infractions of international humanitatian law for their involvement in the 

homicide of a protected person, Maria Pan Sativa, on October 12, 2003. (Unknown 

whether the Prosecutor General‘s Office has also opened an investigation) (Inspector 

General‘s Office Case Number 008-095138-2003). 

(51) Army Soldier Dorian Campo Vergara 

(52) Army Soldier Argiro De Jesus Cardona Mejia 

(53) Army Soldier Alexander Gonzalez Almario 

(54) Army Solider Roger Eduardo Estrada Gonzalez 

(55) Army First Corporal Carlos Andrés Ortiz Ochoa 

(56) Army Soldier Ricaute Catano Cachay 

Q. On April 13, 2009, the Inspector General‘s Office closed its case against four Army 

soldiers (date of charges unknown; decisions listed below) regarding the death of 

Oswaldo Sanchez Campo in the district of El Cabuyo y Clarete (date of incident 

unknown). (Unknown whether the Prosecutor General‘s Office has also opened an 

investigation) (Inspector General‘s Office Case Number 008-108899-2004) 

(57) Army Second Lieutenant Heiner Rativa Rodríguez 

(absolved of charges) 

(58) Army Soldier Edgar Fernando Poveda Perilla 

(removed from duty and barred from public service) 

(59) Army Soldier Octavio Corredor Castro 


(60) Army Soldier Pedro Nel Martínez 


UNCLASSIFIED

UNCLASSIFIED 

- 129 - 

R. On May 4, 2009, the Inspector General‘s Office closed its case against (61) Army 

Lieutenant Carlos Andrés Lora Cabrales, suspending him from duty for his alleged 

involvement in human rights-related crimes. (Date and location of the crime not 

available) (Prosecutor General‘s Office Case Number 3139/Inspector General‘s Office 

Case Number Unknown). 

S. On May 8, 2009, the Inspector General‘s Office closed its case against two Army 

soldiers (charges originally brought October 25, 2007; decisions listed below) for their 

alleged aggression against a police unit in Anonio Nariño de Bogotá on May 8, 2005. 



025-103236-2004) 

(62) Army Second Lieutenant Luís Fernando Rondón Barrios 

(investigation archived May 8, 2009; removed from service June 11, 2004) 

(63) Army Second Lieutenant José Javier Muñoz Morales 

(investigation archived January 10, 2005 due to lack of disciplinary 

responsibility) 

T. On May 8, 2009, the Inspector General‘s Office removed (64) Army Captain 

Hermes Mauricio Alvarado Sachica from duty and barred him from public service 

for his alleged involvement in the homicide of Edison Lexander Lezcano Hurtado and 

injury of Jorge Lopez Samuel Roldan. (Date and location of crime not available) 

(Unknown whether the Prosecutor General‘s Office has also opened an investigation) 

(Inspector General‘s Office Number Process 008-098537-2004) 

U. The Inspector General‘s Office resolved its case against two Army soldiers (charges 

originally brought July 27, 2007) for their role in the death of Octavio Castaño 

Quintero on January 17, 2004, in Caserio Aguas Claras in Granada (Meta). The 

Prosecutor General‘s Office also conducted an investigation, and the two were 

sentenced to 24 months in prison (date of sentencing not available). (Date case 

resolved unknown) (Prosecutor General‘s Case Number 2042/Inspector General‘s 


(65) Army Major Wilson Orlando Cárdenas Lizarazo 

(removed from duty and barred from public service for 20 years) 

(66) Army Second Sergeant Antonio García Caicedo 


V. The Inspector General‘s Office removed (67) Army Soldier Hugo Ferney Cárdenas 

Duque (charges originally brought August 15, 2007) from duty and barred him from 

UNCLASSIFIED

UNCLASSIFIED 

- 130 - 

public service for 10 years for threatening and sexually abusing Corado Gómez and 

Ana Ciro Cardenas in San Francisco (Antioquia) on August 1, 2004. The Prosecutor 

General‘s Office has also opened an investigation. (Date case resolved unknown) 


Number 043-1766-2004) 

W. The Inspector General‘s Office removed (68) Army Soldier Elver Enrique Orozco 

Zabaleta (charges originally brought December 18, 2007; no date given for removal) 

from duty and barred him from public service for five years for sexually abusing a 14year-old 

minor in Puerto Rondón (Arauca) on March 1, 2003. The Prosecutor 



X. The Inspector General‘s Office closed its case against (69) Army Second Lieutenant 

Alex Alfonso Bernal Correa (charges originally brought) and absolved him of 

responsibility in the alleged torture, deprivation of freedom, and domestic violence on 

July 7, 2003, in Sabanalarga (Casanare). The Prosecutor General‘s Office has also 

opened an investigation. (Prosecutor General‘s Office Case Number 


Y. The Inspector General‘s Office closed the case against (70) Army Lieutenant Rafael 

Fernando Cristancho Prada (charges originally brought April 30, 2007) for his 

alleged responsibility in depriving Luís Yogni Millan Montoya of freedom in Tame 

(Arauca) on March 21, 2002. The Prosecutor General‘s Office has not opened an 

investigation. (Date of case closure unknown) (Inspector General‘s Office Case 

Number) 

In addition, during the previous certification period, the Inspector General‘s Office 

concluded case proceedings against eight members of the Armed Forces in four cases for 

violations of human rights and for collaborating with paramilitary groups. In concluding 

these cases, the Inspector General‘s Office removed three from duty and barred them 

from public service for a period of time, and five were absolved of charges. These cases 

were not included in the previous certification because information was not available on 

them at that time. 

A. On March 12, 2007, the same day charges were brought, the Inspector General‘s 

Office archived the case against (1) Army Professional Soldier César Nixon 

Herrera Loaiza from the Army‘s Manosalva Florez Battalion for his alleged 

responsibility in the death of Leonardo Martínez Renteria on April 7, 2002, in 

Canchido Lloró (Chocó). The Prosecutor General‘s Office has also opened an 

UNCLASSIFIED

UNCLASSIFIED 

- 131 - 



B. On May 30, 2007, the Inspector General‘s Office closed its case against three Army 

soldiers (charges originally brought October 30, 3007) due to a lack of disciplinary 

responsibility for their alleged role in homicides and displacements in Badillo-Patillal 

on August 30, 2003. The Prosecutor General‘s Office has also opened an 



(2) Army Soldier Juan Carlos Sepúlveda Soto 

(3) Army Soldier Hugo Alberto Martínez Delgado 

(4) Army Soldier Joyber Yecith Alquerque Avila 

C. On August 9, 2007, the Inspector General‘s Office archived its case (due to lack of 

disciplinary responsibility) against two Army soldiers (charges originally brought 

December 10, 2007) for not stopping a raid by a paramilitary group that caused the 

death of two people on December 1, 2003, in Llorente (Nariño). The Prosecutor 

General‘s Office did not open an investigation. (Inspector General‘s Office Case 

Number 009-116126-205) 

(5) Army First Corporal Edwin Rodrigo Soto Barrios 

(6) Army Lieutenant Colonel José David Vargas Escobar 

D. On February 18, 2008, the Inspector General‘s Office concluded proceedings against 

two soldiers (charges originally brought March 26, 2007) from the Army‘s 28 th Air 

Transport Infantry Battalion for allegedly collaborating with illegally armed groups to 

commit human rights violations in Viotá (Cundinamarca) on June 26, 2003. The 

Prosecutor General‘s Office has also opened an investigation. (Prosecutor General‘s 

Office Case Number 1765/Inspector General‘s Office Case Number 155-86192-2003) 

(7) Army First Corporal Eduardo Enrique Marques Martinez 


(8) Army Captain Edgar Mauricio Arbeláez Sanchez 

(removed from duty and barred from public service for 20 years) 

UNCLASSIFIED

UNCLASSIFIED 

- 132 - 

Annex H: Progress on 15 Measures to Improve the Human Rights Performance of 

Colombian Armed Forces 

Review of Human Rights Training (responds to measures 3, 4, and 5) 

Working with the Pontifica Universidad Javeriana, the Armed Forces developed 

and implemented a Single Teaching Model (MUP) on human rights and international 

humanitarian law, and created a book on the subject, as well as instructor guidelines. The 

Inspector General of the Military General Commission, together with representatives 

from the Joint Doctrine and Education Directorate, conducted special visits to 11 of the 

Armed Force‘s training and instruction schools and 4 Army education and training 

centers in order to assess the implementation of the Single Teaching Model (MUP) on 

human rights. The Navy also revised its teaching practices, issuing a manual on human 

rights, and is in the process of implementing an exam on human rights entitled the 

―Periodic Examination of Knowledge‖ (PEK). 

On December 15, 2008, General Padilla announced the creation of the Armed 

Forces School for Human Rights, which opened in May 2009. The school will not only 

provide instruction in human rights to 99,780 soldiers, it will also house a system called 

Compartel (communication structure for isolated populations) that civil society can use to 

present complaints of alleged violations of human rights. 

With the ICRC, in May 2009 the Armed Forces carried out workshops at the 

Second and Seventh Divisions on lessons learned from past human rights violations. 

Case studies provided the Divisions with models for how to respect human rights and 

international humanitarian law when carrying out their duties. 

To ensure that commanders know the extent of their responsibility – both in terms 

of their actions and omission – and that they take all the proper preventative measures to 

prevent human rights violations, the Joint Education and Doctrine Directorate developed 

five seminars on the subject, which have been given in Santa Marta, Bogotá, Florencia 

and Tolemaida. In addition, the Ministry of Defense has given presentations on the issue 

to the commanders of all divisions, brigades, and battalions in Medellín and 

Bucaramanaga. 

The Army created a new Human Rights Department, under the command of a 

Brigadier General and comprised of six directorates that are headed up by Colonels. This 

department is in charge of the implementation of the Army‘s Comprehensive Human 

Rights and International Humanitarian Law Policy, and serves as the collection point and 

clearing house for reports of allegations of human rights violations by military officials. 

UNCLASSIFIED

UNCLASSIFIED 

- 133 - 

Application of Doctrine (responds to measures 1 and 2) 

The Department of Joint Operations is in the process of creating a handbook that 

enables the standardization of operational doctrine within the three services. The 

Ministry of Defense is also in the process of creating the first ever Joint Operational Law 

Handbook, which will encapsulate all national and international norms applicable to 

military operations. The draft for this handbook was presented to the commanders of the 

services of the Armed Forces in April 2009, and is being reviewed by each for approval. 

Law 1288, issued March 5, 2009, strengthens the legal framework for the Armed 

Forces and other Colombian government agencies to carry out intelligence and 

counterintelligence activities. Amongst other things, the law establishes a series of 

controls for respecting constitutional and legal frameworks for these activities. 

Law 1097 of 2006 establishes that the monitoring of fiscal control and the control 

of outcomes in the execution of confidential costs will be carried out by an audit group 

that reports directly to the Controller General of the Republic. As such, the Controller 

General has annually audited all confidential costs within the Armed Forces. In addition, 

the Ministry of Defense‘s policy of rewards has been controlled by a series of directives 

since 1998, which includes the following provisions: 

Rewards are only paid for information that leads to a successful operational 

outcome by Colombia‘s Security Forces; 

Rewards are not paid to public officials; 

All reward payments must be approved by written authority from the Technical 

Follow-up Committee (comprised of the Minister of Defense, or a representative, 

and the heads of intelligence for both the Armed Forces and the Police) or the 

Central Committee (comprised of the intelligence chiefs from each service, 

government analysts, and administrative officials), depending on the amount of the 

award; and 

Reward payments are only made after the appropriate committee completes its 

review of the supporting documents for the operation. 

Operational Legal Advisors (responds to measures 8 and 9) 

The Ministry of Defense created the position of Operational Legal Advisors (AJO) 

to give commanders legal advice on the planning, follow-up, and control of operations 

from a human rights and international humanitarian law perspective. To manage these 

posts, the Army created the Office of Operational Legal Advice within the Department of 

Operations and the position of Operational Legal Advisor is now part of the 

Commander‘s Staff within all units. The Air Force created a Directorate for Legal 

Affairs and Human Rights, which centralizes all operational legal advice, and AJOs have 

been assigned to all air commands and units. Reorganization for AJOs within the Navy is 

UNCLASSIFIED

UNCLASSIFIED 

- 134 - 

still underway to ensure that all AJOs answer directly to the Department of Naval 

Operations. As a resource for AJOs, in February 2008, the Ministry of Defense created 

the Office of Doctrine and Legal Advice (ODA). The ODA offers legal advice to all 

commanders on the ground, and develops operational legal doctrine that ensures human 

rights and International humanitarian law obligations are met during the execution of 

military operations. The ODA maintains direct contact with AJOs throughout the 

country, offering them advice and legal resources as needed. 

The Armed Forces has increased the number of active AJOs from 54 in 2008 to 92 

in 2009: 73 in the Army, 7 in the Navy, and 12 in the Air Force. Of these, 46 are still in 

training at the Army Cadet School and will begin their duties upon completion of the 

required courses to graduate with the title of Specialized Administrative Officers in 

Operational Legal Advice. 

Rules of Engagement (responds to measure 12) 

On May 22, 2009, the Ministry of Defense issued Directive 17, which lays out two 

sets of ROEs for the Armed Forces, one on combat operations, and one on security 

operations. The Directive also orders the implementation of a system for their 

application, and training on ROEs for all members of the Armed Forces. Following this, 

the Department of Joint Education and Doctrine issued Directive 30 of 2009, which 

implements a Regional Scenarios Training Group (GEPER), a pilot project for running 

and putting into practice operational exercises for training and retraining of troops and 

officers on ROEs. Also in May 2009, the Ministry of Defense held an ROEs training 

workshop, which – with the help of U.S. Southern Command – developed a contingency 

training plan for the implementation of ROEs. This plan is divided into three stages: 

command awareness, train the trainers, and ROE drills. 

Inspector Delegates (responds to measure 7) 

Through Directive 40, issued March 10, 2009, the General Command of the Armed 

Forces issued instructions for the organization and functioning of Inspector Delegates 

within the Armed Forces. Responsible for monitoring human rights and International 

humanitarian law issues, the Armed Forces appointed ten Inspector Delegates, who report 

directly to the Inspector General of the Armed Forces. Seven of these are assigned to the 

Army, 2 to the Navy, and 1 to the Air Force. These Inspector Delegates are currently 

reviewing operational and intelligence procedures of the units under their jurisdiction, the 

role of the AJO, operational files, and education in human rights and International 

humanitarian law issues in the Armed Forces‘ Educational Schools and Centers of 

Instruction and Training. As of May 2009, the Inspector Delegates had reviewed 70 units 

within the Army. 

UNCLASSIFIED

UNCLASSIFIED 

- 135 - 

Immediate Inspection Commission (responds to measure 6) 

The functioning of the Immediate Inspection Commission (IIC) is regulated 

through Annex B of Directive 208 of 2008. This establishes that any complaints received 

are entered into the system and sent to the General Command, which decides whether it 

will be assigned to the Inspector Delegate, or the Service Inspectorate to activate the IIC. 

Once the IIC is activated, the commission analyzes the case from an operational 

viewpoint and recommends to the Inspector General any administrative actions that may 

be warranted, as well as any reviews of intelligence and operational procedures that may 

be needed. Following this, the IIC produces an executive report of its findings and 

recommendations for the Commander in Chief or Service Commander, depending on the 

case. Since the Soacha murders, the IIC has carried out inspections in Montería, 

Jiguamandó/Curvaradó, Valledupar, and Córdoba. 

Procedures for Authorizing Military Objectives (responds to measure 10) 

The Ministry of Defense has established that the National Police have jurisdiction 

over the fight against criminal gangs (―BACRIM‖), though – in accordance with 

Directive 208 of 2008, the Police may request assistance from the Armed Forces when 

necessary. Such requests must be approved by a special Advisory Group, which 

determines the applicable ROEs for each illegal armed group according to group‘s level 

of hostility, and which criminal gangs the Armed Forces may assist against. The 

Advisory Group meets at the request of the Director of the National Police when threats 

arise that he deems to be beyond the operational capacity of the Police; or at the request 

of the military service or division commanders or their equivalents in the Air Force or 

Navy when the circumstances demand it. 

Evaluation and Performance (responds to measure 11) 

The Armed Forces has changed the way it evaluates success. Through Directive 

300-28, the Armed Forces General Command decreed that more credit is to be given for 

demobilizations than captures, and – in turn – more credit is to be given for captures than 

deaths in combat. Operational outcomes show that this directive is being followed. In 

2007, 3,037 members of illegal armed groups were demobilized; 3,362 were captured; 

and 2,058 were killed in combat. In 2008, these numbers shifted to 3,461 demobilized; 

2,483 captured; and 1,184 killed in combat. Though complete 2009 information is not 

available, this trend appears to be continuing. Between January and May 2009, 57 733 

members of illegal 1,138 had demobilized; 1,017 had been captured; and 250 had been 

killed in combat. To ensure continued progress, the Armed Forces implemented a 

Balance Score Card (BSC) to evaluate performance, looking at both management and 

outcome. 


UNCLASSIFIED

UNCLASSIFIED 

- 136 - 

Accomplishments by the Judicial Police (responds to measure 14) 

Since 2006, communication channels between the Prosecutor General‘s Office and 

the Technical Investigative Body (CTI) have been strengthened through inter-institutional 

agreements. To improve this relationship and to decrease impunity, that same year the 

Ministry of Defense implemented Specialized Judicial Support Structures (EDAs) to 

bolster the work of the specialized justice structures in zones with public order problems. 

Equipped with specialized prosecutors, investigators, and judges, EDAs help to ensure 

that members of illegal organizations are swiftly brought to justice, guarantee the 

transparency and legitimacy of operations, and allow effective and legal collection of 

evidence. As of May 2009, five EDAs were dedicated to combating hydrocarbon theft, 

terrorism, and related crimes in Barrancabermeja, Puerto Berrío, Cali, Orito, and Arauca. 

The Ministry of Defense has received support from the Prosecutor General‘s 

Office and CTI in training members of the Armed Forces in first respondent procedures 

and activities that should be carried out by the judicial police. CTI designed a first 

responder‘s packet, which is being included in the Operational Law Handbook that is 

pending approval. 

Per Agreement 025 of 2007, there were – as of May 2009 – 52 investigations 

undertaken by the CTI as liaisons in military units. The protection offered to them by the 

Armed Forces enables them to carry out their investigations in isolated locations 

throughout the country. 

Certification in Human Rights (responds to measure 13) 

Since 1997, the Ministry of Defense has employed a system of certification in 

human rights and international humanitarian law for overseas commissions, eligibility for 

training, and to determine eligibility for financial support from the United States for 

educational purposes. In 2009, the Ministry of Defense revamped this certification 

program to include it as a requirement for officers seeking promotion to Lieutenant 

Colonel or Brigadier General. Each such candidate will have five days to study for and 

complete the certification. If the applicant passes, the certification is issued pending 

verification by the Prosecutor General‘s Office and the Inspector General‘s Office that 

there are no criminal or disciplinary investigations pending against the individual. As of 

May 2009, there were 230 aspirants in the Armed Forces who participated in the 

certification process, which was given in June, and will be given again in December. 

Complaint Reception System (responds to measure 15) 

Throughout the certification period, the Armed Forces continued to implement 

Directive 025, issued November 14, 2008, which created a national-level human rights 

UNCLASSIFIED

UNCLASSIFIED 

- 137 - 

complaint system with three methods for receiving complaints: human rights offices 

within military and police units (must be easily accessible by the public); free phone lines 

for reporting complaints; and special links on the web pages of the Armed Forces and 

National Police. The Directive also established a system for directing complaints so that 

they are brought to the attention of the proper judicial authorities, and are referred to the 

Inspectorate General of the Armed Forces Command so that administrative and 

disciplinary measures are taken. As of May 2009, six televised accountability hearings 

on human rights had been held. By presidential order, the hearings will continue into the 

second half of 2009. The UN High Commissioner for Human Rights and pertinent 

Colombian government agencies participate in this process. 

During the second half of 2008, the Inspector General of the Armed Forces carried 

out special inspection visits to each of the Army‘s seven divisions to verify that the 

complaint reception system was in place and functioning properly. The Inspector 

General also reviewed the allegations received in order to confirm or refute complaints 

received, as well as the adoption of measures to establish the responsibility of military 

personnel in the alleged events. As of May 2009, plans were underway to improve the 

effectiveness of the complaint reception system in evaluating the validity of reports of 

human rights violations. 

UNCLASSIFIED

UNCLASSIFIED 

- 138 - 

Annex I: Status of Soacha Murder Cases 

Below is a list of the 13 victims of the Soacha Massacre, and the 75 members (ten 

of the individuals listed below are listed for multiple cases) of the Armed Forces found to 

be linked to their murders as of May 20, 2009. 58 

A. Fair Leonardo Porras Bernal, a mentally challenged resident of the San Nicolas 

de Soacha neighborhood, disappeared from the area on January 8, 2008, and 

appeared dead on January 12, 2008, in the district of La Esperanza in the 

municipality of Abrego (Norte de Santander). Six members from the Army‘s 15 th 

Infantry Battalion ―General Francisco de Paula Santander‖ of Ocaña were charged 

with aggravated homicide, aggravated forced disappearance, and criminal 

conspiracy in connection with his murder, and were preventatively detained on 

May 14, 2009: 

1. Army Major General Marco Wilson Quihano (also charged with false 

presentation of public documents) 

2. Army Lieutenant Sergeant Diego Adail Vargas Cortes (also charged with 

false presentation of public documents) 

3. Army Second Corporal Carlos Manuel Gonzales Alfonso 

4. Army Professional Soldier Richard Contreras Aguilar 

5. Army Professional Soldier Garcia Corzo Ricardo 

6. Army Professional Soldier Zapata Roldan Carlos Antonio 

B. Julio Cesar Mesa, a construction worker and resident of the San Nicolás de 

Soacha neighborhood, disappeared on January 26, 2008, and was found dead on 

January 27, 2008, in the district of El Espejo in the municipality of San Calixto 

(Norte de Santander). Jonathan Orlando Soto Bermudez, a minor and student, 

disappeared on January 26, 2008, in the San Nicholas de Soacha neighborhood and 

was found dead on January 27, 2008, in the district of Chircas in Ocaña 

municipality (Norte de Santander). Nine members of the Army‘s 15 th Infantry 

Battalion ―General Francisco de Paula of Santander‖ of Ocaña were charged with 

aggravated homicide, aggravated forced disappearance, and aggravated criminal 

conspiracy in connection with their murders, and were preventatively detained on 

May 15, 2009: 

7. Army Major Henry Mauricio Blanco Barbosa (also charged with false 


8. Army First Corporal Manuel Zorrilla Agamez (also charged with false 


9. Army Professional Soldier Jose Orlando Gonzales Ceballos (also listed 


UNCLASSIFIED

UNCLASSIFIED 

- 139 - 

as number 20 in this list) 

10. Army Professional Soldier Juan Gabriel Espinosa Restrepo 

11. Army Professional Soldier Kevis Alberto Jimenez Escalante 

12. Army Professional Soldier Luis Alrio Lopez (also listed as number 31 in 

this list) 

13. Army Professional Soldier Merardo Rios Diaz (also listed as numbers 42 

and 76 in this list) 

14. Army Lieutenant Coronel (retired) Gabriel de Jesús Rincon Amado 

15. Army Second Sergeant (retired) Sandro Mauricio Perez Contreras 

(indicted with an order for capture) (also listed as numbers 79 and 84 in this 

list) 

C. Diego Alberto Tamayo Garcera, (profession unknown) a resident of the Ducales 

neighborhood in the municipality of Soacha, disappeared on August 23, 2008, and 

was found dead on August 25, 2008, in the district of Papamito in the municipality 

of Ocaña (Norte de Santander). Víctor Fernando Gómez Romero (profession 

unknown), a resident of the San Mateo neighborhood in the municipality of 

Soacha, disappeared on August 23, 2008, and was found dead on August 25, 2008, 

in the district of Papamito in the municipality of Ocaña (Norte de Santander). 

Jader Andrés Palacio Bustamante (construction worker), a resident of the 

Ducales neighborhood in the municipality of Soacha, disappeared August 23, 

2008, and was found dead on August 25, 2008, in the district of Papamito in the 

municipality of Ocaña (Norte de Santander). Seventeen members of the Army‘s 

15 th Infantry Battalion ―Cabecillas Espada Uno‖ were charged with aggravated 

forced disappearance, aggravated homicide, and aggravated criminal conspiracy, 

and were preventatively detained on May 21, 2009: 

16. Army Second Sergeant Janer Ediel Duque Martinez 

17. Army Second Corporal Richard Armando JoJoa Bastidas 

18. Army Professional Soldier Nixon Arturo Cubides Cuesta 

19. Army Professional Soldier Maurico Cuniche Delgadillo 

20. Army Professional Soldier Jose Orlando Gonzales Ceballos (also listed 

as number 9 in this list) 

21. Army Professional Soldier Jose Adolfo Fernandez Ramirez 

22. Army First Corporal Manuel Zorrila Agamez 

23. Army Third Corporal Ricardo Coronado Martinez 

24. Army Professional Soldier John Anderson Diaz Ortega 

25. Army Professional Soldier Ricardo Eluid Gonzales Gomez 

26. Army Professional Soldier Ferney Grijalba Flor 

27. Army Professional Soldier Eider Andres Guerrero Andrade 

28. Army Professional Soldier Geiner Guertes Billermo 

UNCLASSIFIED

UNCLASSIFIED 

- 140 - 

29. Army Professional Soldier Pedro Johan Hernandez Malagon 

30. Army Professional Soldier Kevis Alberto Jimenez Escalante 

31. Army Professional Soldier Luis Alirio Lopez (also listed as number 12 in 

this list) 

32. Army Professional Soldier Juan Ramon Marin Ramirez. 

D. Elkin Gustavo Verano Hernández (welder), a resident in the municipality of 

Soacha, disappeared on January 13, 2008, and was found dead January 15, 2008, in 

the district of Capitan Largo in the municipality of Abrego (Norte de Santander). 

Joaquín Castro Vásquez (welder), a resident of the neighborhood of Villa Sofia 

in the municipality of Soacha, disappeared on January 13, 2008, and was found 

dead on January 15, 2008, in the district of Captain Largo in the municipality of 

Abrego (Norte de Santander). Eleven members of the Army‘s 15 th Infantry 

Battalion ―General Francisco de Paula Santander‖ of Ocaña were preventatively 

detained on June 10, 2009: 

33. Army Lieutenant Colonel (retired) Alvaro Diego Tamayo Hoyos (also 

listed as number 71 in this list) 

34. Army Second Sergeant Rolando Rafael Consuegra Estupinan 

35. Army First Corporal Yilver Alfonso Ovalle Pineda 

36. Army Professional Soldier Lorenzo Aguas Robles 

37. Army Professional Soldier Alexander Suarez Rozo 

38. Army Professional Soldier Tomas Contreras Duarte (also listed as 

number 75 in this list) 

39. Army Professional Soldier Inocencio Abelino Gil Gonzales 

40. Army Professional Soldier Elibardo Portillo Zambrano 

41. Army Professional Soldier Ever Jaime Garzon 

42. Army Professional Soldier Medardo Rios Diaz (also listed as numbers 13 

and 76 in this list) 

43. Army Professional Soldier Obdulio Medina Jouro. 

E. Julian Oviedo Monroy (construction worker), a resident of the neighborhood of 

Villa Juliana in the municipality of Soacha, disappeared on March 2, 2008, and 

was found dead on March 3, 2008, in the district of Aguas Blancas in the 

municipality of Ocaña (Norte de Santander). Nineteen members of the Army‘s 

15 th Infantry Batallion ―General Francisco de Paula Santander‖ of Ocaña were 

charged with aggravated homicide, aggravated forced disappearance, and 

aggravated criminal conspiracy, and the majority were preventatively detained on 

June 2, 2009: 


charged with false presentation of public documents) 

UNCLASSIFIED

UNCLASSIFIED 

- 141 - 

45. Army Second Sergeant Nestor Jaime Mosquera Blanco (also charged 

with false presentation of public documents) 

46. Army First Corporal Edward Vera Zapata (also charged with false 


47. Army Second Corporal Wilson Virgilio Suarez Gaitan (also charged with 

false presentation of public documents) 

48. Army Third Corporal Jhon Jairo Castillo Cruz 

49. Army Professional Soldier Miguel Antonio Jerez Plata 

50. Army Professional Soldier Uvaldo Ronderos Poveda 

51. Army Professional Soldier Salvador Renoga Osorio 

52. Army Professional Soldier Juan de Dios Suarez 

53. Army Professional Soldier Moises Barbosa Carrascal 

54. Army Professional Soldier Ciro Alfonso Gutierrez Silva 

55. Army Professional Soldier Jose Gregario Mendoza Pinzon 

56. Army Professional Soldier Jesus Enrique Dominguez Caballero (a 

preventative detention was not issued) 

57. Army Professional Soldier Fernando San Juan San Juan (a preventative 

detention was not issued) 

58. Army Professional Soldier Jose Eliseo Toscano 

59. Army Professional Soldier Orlando Antonio Pallares Uribe 

60. Army Professional Soldier Maurico Delgado Zayas 

61. Army Professional Soldier Rodriguez Duarte Libaner 

62. Army Second Sergeant Jader Alvarado Sequea. 

F. Eduardo Garzon Paez, a resident of Bogotá (Cundinamarca), disappeared on 

March 4, 2008, and was found dead on March 5, 2008, in the El Brasil 

neighborhood in the municipality of Cimitarra (Norte de Santander). Daniel 

Andres Pesca Olaya, a resident of the Santa Lucia neighborhood in the 

municipality of Bogotá (Cundinamarca), disappeared in the municipality of Soacha 

on March 2, 2008, and was found dead on March 5, 2008, in the neighborhood of 

El Brasil in the municipality of Cimitarra (Norte de Santander). Two members of 

the Army‘s 5 th Batallion ―Caldas‖ of Bucaramanga were charged on April 30, 

2009, with aggravated homicide, aggravated forced disappearance, and 

embezzlement: 

63. Army Colonel (retired) Wilson Javier Castro Pinto 

64. Army Lieutenant (retired) Eduardo Antonio Vilany Realpe 

Four members of the Army‘s 5 th Batallion ―Caldas‖ of Bucaramanga were charged 

on April 30, 2009, with aggravated homicide and aggravated forced disappearance: 

65. Army Professional Soldier German Augusto Oliveros Tabares 

UNCLASSIFIED

UNCLASSIFIED 

- 142 - 

66. Army Professional Soldier Juan Carlos Alvarez 

67. Army Professional Soldier Benancio Puentes Guapacha 

68. Army Professional Soldier Nelson Ospina Puentes Tabares 

On May 8, 2009, two members of the Army‘s 5 th Batallion ―Caldas‖ were charged 

with aggravated homicide, aggravated forced disappearance, embezzlement, and 

false presentation of public documents: 

69. Army Vice First Sergeant (retired) Jesus Eduado Niampira Benavide 

70. Army Professional Soldier Guillermo Pacheco Anzola 

On May 28, 2009, the charges pressed against the members of the Army listed 

above were outlined in a written document, which was presented to the Colombian 

Judicial Services Center. 

G. Daniel Suarez Martinez (construction worker), a resident of the state of Merida in 

Venezuela, left on December 5, 2007, at 2:00 pm in the afternoon for Ocaña (Norte 

de Santander), where he was going to meet with the mother of his daughters. On 

December 6, 2007, he was found dead and reported as a combat death in the 

district of El Paramo in Otaré (Norte de Santander). Camilo Andres Valencia 

(construction worker), a resident of the municipality of Soacha (Cundinamarca), 

disappeared in Soacha on December 5, 2007, and was found dead and reported as a 

combat death on December 7, 2007, in the district of Pavez in the municipality of 

Abrego. Eleven members of the Army‘s 15 th Infantry Batallion ―Francisco de 

Paula Santander‖ of Boyacá were charged with aggravated homicide, aggravated 

forced disappearance, and aggravated criminal conspiracy, and were preventatively 

detained: 


charged with false presentation of public documents), May 7, 2009 (also 

listed as number 33 in this list) 

72. Army Professional Soldier Oscar Franco Valderrama, April 24, 2009 

73. Army Professional Soldier Robinson Alvarez Pava, April 24, 2009 

74. Army Professional Soldier Olinto Ochoa Gelvez, April 24, 2009 

75. Army Professional Soldier Tomas Contrares Duarte, April 24, 2009 

(also listed as number 38 in this list) 

76. Army Second Sergeant Merardo Rios Diaz, April 24, 2009 (also listed 

as numbers 13 and 42 in this list) 

77. Army Professional Soldier Inocencio Abelino Gil Gonzales, April 24, 

2009 (also listed as number 39 in this list) 

78. Army Professional Soldier Daniel Coloma, April 24, 2009 

79. Army Second Sergeant (retired) Sandro Mauricio Perez Contreras, 

UNCLASSIFIED

UNCLASSIFIED 

- 143 - 

April 24, 2009 (also listed as numbers 15 and 84 in this list) 

80. Army Professional Soldier Alexander Arroyo, April 24, 2009 

81. Army Civilian Victor Manuel Lopez Manosalva, April 29, 2009 

The two members of the Army‘s 15 th Infantry Batallion ―Francisco de Paula 

Santander‖ of Boyacá listed below were preventatively detained on May 11, 2009: 

82. Army Civilian Alexander Carretero Diaz 

83. Army Civilian Edith del Carmen Palomino 

An order for capture for the two members of the Army‘s 15 th Infantry Batallion 

―Francisco de Paula Santander‖ of Boyacá listed below was issued on April 14, 

2009: 

84. Army Second Sergeant (retired) Sandro Mauricio Perez Contreras 

(also listed as numbers 15 and 79 in this list) 

85. Army Professional Soldier Dairo Palomino 

UNCLASSIFIED

UNCLASSIFIED 

- 144 - 

Annex J: Government Officials Involved in Para-Political Scandal 

According to the Prosecutor General‘s Office, as of June 15, 2009, 59 17 of the 

former Colombian government officials under investigation for alleged paramilitary ties 

include: 

1) Jorge Nogurea Cotes: Following the Supreme Court‘s February 22, 2007, order 

for his arrest for criminal conspiracy and aggravated homicide, the former Director 

of the Department of Administrative Security (DAS) was freed one month later 

due to irregularities in processing his detention but was then recaptured on July 6, 

2007. Once again, on June 11, 2008, he was released from detention due to a 

procedural error. However, on December 12, 2008, on direct order from 

Prosecutor General Mario Iguaran, Noguera was re-arrested on charges of 

paramilitary collaboration. 

2) Trino Luna Correa: The former governor of the Magdalena Department was 

arrested March 12, 2007, for aggrevated criminal conspiracy for his ties to 

paramilitary leader Hernán Giraldo (alias ―Jorge 40‖) from the Tayrona Resistance 

Bloc that operated in the region. On November 26, 2007, he was the first to be 

sentenced in the ―para-political‖ investigations, receiving three years and six 

months in jail in addition to a fine of ten months salary. 

3) Hernando Molina Araujo: The former governor of the César Department was 

arrested on May 17, 2007, for alleged ties to paramilitary leader ―Jorge 40.‖ He is 

currently on trial. On March 9, 2009, former AUC members Guillermo de Hoyos 

stated in a hearing that Molina met with Rodrigo Tovar Pupo, aka ―Jorge 40,‖ 

several times. 

4) Ramiro Suárez Corzo: The former mayor of Cúcuta was arrested on September 

7, 2007, for aggravated homicide for his alleged role in the October 6, 2003, 

homicide of lawyer Alfredo Enrique Florez Ramírez, who was an assistant in the 

mayor‘s office. Suárez Corzo, who is detained at a prison in Bucaramanga, is also 

under investigation for the August 12, 2003, homicide of Pedro Duran Franco. On 

April 3, 2009, Suarez was acquitted on the grounds that evidence against him had 

been manipulated. Suarez was freed immediately. On May 25, 2009, a prosecutor 

in the human rights unit appealed the ruling before Bogotá‘s Superior Tribunal. 

5) Salvador Arana Sus: The former governor of Sucre and former counselor at the 

Colombian Embassy in Chile was arrested May 29, 2008, by the Technical 


UNCLASSIFIED

UNCLASSIFIED 

- 145 - 

Investigations Unit (CTI) in an apartment in Santa Marta. A prosecutor for human 

rights and international humanitarian law charged him on November 15, 2006, for 

his alleged role as intellectual author in aggravated criminal conspiracy, aggravated 

forced disappearance, and aggravated homicide. Eudaldo Leon Diaz Salgado, the 

mayor of El Roble (Sucre), disappeared on April 5, 2003, and his body was 

discovered five days later near Sincelejo. Evidently, Arana Sus recruited Rodrigo 

Mercado Peluffo, alias ―Cadena,‖ head of the Heroes of Montes de Maria bloc, to 

assassinate Diaz Salgado. The case will be processed under the Criminal Court of 

the Special Circuit in Sincelejo. On April 22, 2009, the Prosecutor General‘s 

Office and the Inspector General‘s Office presented their cases to the First 

Specialized Judge of Bogotá; the case is still under review. 

6) Luis Carlos Ordosgoitia: The former Congressman from Cordoba and Director of 

the National Concessions Institute (INCO) in the Ministry of Transportation, was 

arrested in May 2007 for his involvement in the signing of the 2001 ―Pact of 

Ralito.‖ The Attorney General‘s Office ruled out the case once it was established 

that there was no political benefit related to his signing of the Ralito document. 

Ordosgoitia was absolved in September 2008 after spending 16 months in prison. 

7) Hugo Aguilar Naranjo: The retired Lieutenant Colonel of the Colombian 

National Police and former Governor of Santander department is under 

investigation by the Prosecutor General‘s Office (Fiscalia). He was charged on 

February 16, 2007, for the crimes of appropriation of public funds, irregular 

adjudication of contracts in liquor and gambling industries in Santander. On June 

25, 2009, the demobilized AUC member Alexander Gutierrez, aka ―Picua,‖ 

reported in his voluntary confession that Aguilar had offered weapons and 

ammunition in exchange for Picua‘s assistance on Aguilar‘s campaign for 

governor‘s office. 

8) Álvaro Araujo Noguera: The former Minister of Agriculture is being investigated 

by the Prosecutor General‘s office (Fiscalia), by request of the Supreme Court, for 

the crimes of aggravated kidnapping and conspiracy to commit a crime (colluding 

with paramilitary groups). He was arrested in Maracaibo, Venezuela on September 

4, 2008. On April 17, 2009, a prosecutor of the National Unit Against Kidnapping 

and Extortion (UNASE) gave a resolution of accusation against Noguera and his 

son, Álvaro Araujo Castro, former Senator of Cesar department, during the 

investigation of the kidnapping of political rival Victor Ochoa Daza on January 13, 

2002, in Valledupar. Alvaro Araujo Noguera is imprisoned in the La Picota prison 

in Bogota while Castro is under house arrest due to medical reasons. 

UNCLASSIFIED

UNCLASSIFIED 

- 146 - 

9) Arnulfo Peñuela Marín: The former Mayor of Carepa (Antioquia) was 

preventatively detained for conspiracy to commit aggravated crime. Epitacio 

Antonio Arboleda and Jaime Alonso Castrillon, representatives of the Convivir 

Papagayo (cooperative), were issued the same. The detention was issued by the 

Prosecutor General‘s Office (Fiscalia) after, for the second time, a prosecutor 

before the Supreme Court of Medellin denied the resources for appeal and legal 

control imposed by the defense of the accused and ratified the preventative 

detention issued in April 2008. To sustain the decision, the specialized prosecutor 

transferred the testimony from former AUC paramilitary ringleaders to the 

investigation before the Justice and Peace Unit. In their ―versiones libres,‖ they 

explained how illegal armed groups in the banana region of Antioquia were 

financed. 

10) Rafael Antonio Garcia Garay: On March 24, 2009, the former mayor of 

Coveñas (Sucre) was preventatively detained without prisoner release benefits by a 

prosecutor of the National Anti-Terrorism Unit. The prosecutor charged Garcia 

and former Coveñas Councilor Manuel Ortiz Jimenez for their alleged 

responsibility in conspiracy to commit aggravated crime. According to the 

investigation, they allegedly had ties to Rodrigo Mercado Peluffo alias ―Cadena,‖ 

head of the ―Heroes de los Montes de Mari‖ bloc of the AUC. 

11) Jorge Palacios Ávila, Jorge Moreno Meza, and Augusto Ariza Muñoz: The 

former Administrative Security Department (DAS) officials were sentenced on 

March 18, 2009, to nine years in prison and a fine of $2,250 in monthly quotas, 

after the Fiscalia confirmed they had collaborated with self-defense groups. They 

were deemed responsible for conspiracy to commit crime with the intent of 

organizing, promoting, arming, or financing illegal armed groups and bribery by 

the First Penal Specialized Circuit Court of Ibagué. The investigation began in 

April 2005 when informants from the Technical Investigations Unit (CTI) found 

that in Falan, Frias, Mendez, Palocabildo, and Mariquita (Department of Tolima), 

the self-defense groups headed by alias ―Lucas‖ or ―Pateviela‖ and belonging to 

the ―Omar Isaza‖ front carried out activities with the consent of DAS officials. 

During the trial, the prosecutor from the Human Rights and International 

humanitarian law unit also proved that the former DAS officials received monthly 

sums of money from the illegal armed groups. 

12) Óscar de Jesús López: The former governor of Guaviare was preventatively 

detained without prisoner release benefits by Prosecutor General Mario Iguarán 

Arana on March 16, 2009, for his alleged ties with Vicente Castaño, alias ―El 

Profe‖ and Pedro Oliverio Guerrero Castillo, alias ―Cuchillo.‖ As Jesús López was 

UNCLASSIFIED

UNCLASSIFIED 

- 147 - 

a practicing governor at the time, the Prosecutor General requested the President 

suspend him of his office. Óscar de Jesús López turned himself in ten days after 

the Prosecutor General ordered his arrest. López‘ links to the Sociedad de 

Exploracion y Exportacion Minera del Llano Limitada, a company in which 

Guerrero Castillo, a fugitive, is a shareholder, are under investigation. The former 

governor is being investigated for the charge of conspiracy to commit aggravated 

crime. 

13) Enrique Osorio De La Rosa: The former official from the National Registry of 

Civil Status (the agency responsible for issuing citizens papers headquartered in 

Bogota) was indicted on March 4, 2009, by a specialized court prosecutor for his 

alleged role as co-author in a conspiracy to commit aggravated crime by altering 

electoral results. The investigation is related to the alleged fraud committed in the 

March 10, 2002, elections in Magdalena, where Salomón Saade Abdala and José 

Rosario Gamarra Sierra were elected to the Senate and House of Representatives, 

respectively. According to the findings, these political leaders obtained the 

greatest number of votes for this department with atypical election results. Osorio 

De La Rosa, Saade Abdala, and Gamarra Sierra appear to have collaborated with 

the political wing of the self-defense groups headed by Rodrigo Tovar Pupo, alias 

―Jorge 40,‖ with regard to the preparation and execution of electoral fraud. The 

prosecutor imposed upon Osorio De La Rosa a preventative detention without 

prisoner release benefits in May 2008. Saade Abdala and Gamarra Sierra in 

anticipation of an impending sentence, accepted their responsibility in the fraud 

and will complete the punishment imposed by the judge. 

14) Jaime Gutiérrez Angel: On April 29, 2009, in Manizales, members of the 

Technical Investigations Unit (CTI) brought resolution to an order for capture 

issued by the National Anti-terrorism Unit to the former Mayor of La Dorada 

(Caldas) for his alleged role in a conspiracy to commit crime through 

paramilitarism. Gutiérrez Angel, who served as a local political leader for the U 

Party from 2004 to 2007 and was affiliated with the Peasant Self-defense Force of 

Magdalena Medio, was apprehended in his residence in La Dorada and has been 

transferred to Bogotá. 

15) Rubén Darío Gómez Bermúdez: The former Mayor of Puerto Tejada (who 

served between January 2002 and January 2003) was captured on April 24, 2009, 

for his alleged role in the crimes of homicide of a protected person; the fabrication, 

trafficking, and bearing of firearms or munitions; and conspiracy to commit crime. 

According to the investigation carried out by a prosecutor from the Human Rights 

and International Humanitarian Law Unit, Gómez Bermúdez is on trial for his 

UNCLASSIFIED

UNCLASSIFIED 

- 148 - 

alleged role in the January 21, 2003, murder of a Cali Municipal Corporation 

Workers Union (Sintraemcali) activist, Freddy Perilla Montoya. The former local 

politician was apprehended in Caloto (Cauca) and has been mentioned in the 

testimonies (versiones libres) of several former paramilitaries with regard to his 

alleged ties to the ―Calima‖ bloc. 

16) José Francisco Zúñiga Riascos: The former Mayor of Santa Marta was 

sentenced on April 2, 2009, by the Specialized Circuit Penal Court in Bogotá to 

four years and two months in prison as a co-conspirator to aggravated crime and 

hindering voters. In anticipation of his sentence, Zúñiga Riascos has admitted to a 

prosecutor from the National Anti-Terrorism Unit of having received support from 

Hernán Giraldo Serna, head of the ―Resistencia Tayrona‖ front of the AUC, in his 

attempt to become the Mayor of Santa Marta from 2004-2007. According to the 

investigation by the Prosecutor General‘s office, the heads of the illegal armed 

group pressured the citizens, inhabiting the neighborhoods and districts in the 

foothills of the Sierra Nevada of Santa Marta and areas next to the ―Troncal del 

Caribe‖ highway, into voting for Zúñiga Riascos in the October 2003 elections. 

Zúñiga Riascos will be held under house arrest for health reasons. He was also 

sentenced to a fine of $1,333 in monthly salaries and has been stripped of his rights 

to hold public service during the period of his sentence. 

17) José Ignacio Mercado Colón: The former Mayor of Concordia (Magdalena) 

surrendered to the Technical Investigations Unit (CTI) on May 22, 2009, in Santa 

Marta. He is being investigated for his alleged links to paramilitary groups. 

According to the facts, he participated in was known as the ―Chivolo Pact,‖ signed 

in March 2002 among political leaders and the former head of the ―Norte‖ bloc 

Rodrigo Toval Pupo, alias ―Jorge 40.‖ The former Mayor, who held office 

between 2005 and 2007, is imprisoned in the Judicial Prison in Santa Marta. He 

was secured by a prosecutor from the National Anti-Terrorism Unit for his alleged 

role in the conspiracy to commit crime and embezzlement for the unlawful 

appropriation and concluding of contracts. 

UNCLASSIFIED

UNCLASSIFIED 

- 149 - 

Annex K: Military Orders and Training on Human Rights 

Between June 16, 2008, and May 31, 2009, 60 the Ministry of Defense issued 48 

orders aimed at reducing the incidence of human rights abuses amongst its ranks. 

1. Circular Number 0783 – Issued by the Commander of the Navy on October 24, 

2008 –Regarding procedures for complaints about human rights violations. 

2. Directive Number 25 – Issued by the Minister of Defense on November 14, 2008: 

Established a system to collect citizen complaints nation-wide in order to facilitate 

transparency, credibility, and increase public trust in the Armed Forces. 

3. Circular Number 0809 – Issued by the Commander of the Navy on November 19, 

2008: Regarding evaluations for instructors on human rights and international 

humanitarian law. 

4. Permanent Directive Number 208 – Issued by the Commander of the Armed 

Forces on November 20, 2008: Strengthened policies pertaining to respect and 

protection of human rights and implementation of international humanitarian law 

in accordance with the regulations set forth by the Minister of Defense. 

5. Circular Number 0857 – Issued by the Commander of the National Navy on 

December 4, 2008: Regarding investigations involving minors. 


Forces on December 10, 2008: Implemented a system to submit complaints of 

alleged human rights violations and infractions of international humanitarian law. 

7. Circular Number 0883 – Issued by the Commander of the Navy on December 13, 

2008 – Joint declaration of the collaboration between the USAID and the Ministry 

of Defense. 

8. Circular Number 2339 – Issued by the Commander of the Navy on December 13, 

2008: Reiteration of homicide prevention. 

9. Circular Number 619006 – Issued by the Commander of the Army on January 2, 

2009: Facilitated the transparent and efficient disciplinary action for human rights 

violations after petitions, complaints, and alleged violations are filed and 

investigated. 


UNCLASSIFIED

UNCLASSIFIED 

- 150 - 

10. Circular Number 0908 – Issued by the Commander of the Navy on January 5, 

2009: Reiteration of collaboration amongst entities with judicial functions. 

11. Directive Number 01 – Issued by the Commander of Army on January 06, 2009: 

Established a seminar on respect for the human rights of special groups. 

12. Directive Number 2 – Issued by the Commander of the Army on January 07, 2009: 

Verified advances on human rights and international humanitarian law within the 

Army‘s divisions and brigades. 

13. Circular Number 0032 – Issued by the Commander of the Army on January 7, 

2009: Bulletin on responsibility. 

14. Circular Number 058 – Issued by the Commander of the Air Force on January 11, 

2009: Invitation to the leaders of organizations that help people displaced by 

violence to participate in committees at the municipality and department level in 

order to give displaced persons a way to be active in community decision-making. 

15. Directive Number 003 – Issued by the Commander of the Navy on January 14, 

2009: Regarding the complaints system for alleged violations of human rights and 

International humanitarian law by the Navy. 

16. Directive Number 3 – Issued by the Commander of the Army on January 27, 2009: 

Implemented comprehensive legal support for operations. 

17. Bulletin Number 01-09 – Issued by the Commander of the Army on February 9, 

2009: On leadership and responsibility of commanding officers. 


2009: On how respect for human rights and international humanitarian law serve 

as a force multiplier in combat. 


2009: On policy integration of human rights and international humanitarian law 

Line Action Number 1 (―Instruction‖). 

20. Directive Number 3A – Issued by the Commander of the Army on February 16, 

2009: Implemented the Permanent Consultancy Plan for Human Rights and 

International Humanitarian Law. 

UNCLASSIFIED

UNCLASSIFIED 

- 151 - 

21. Directive Number 4 – Issued by the Commander of the Army on February 16, 

2009: Consolidated respect for the rights of displaced persons within the Army. 


2009: Strengthen the policies of the Commanders of the Armed Forces and the 

Army, in accordance with Directive 208. 

23. Directive Number 0078 – Issued by the Headquarters on Education and Doctrine 

on February 25, 2009: Facilitated integral management for the protection of 

minors involved in illegally armed groups. 


2009: Strengthening of the Commander of the Armed Forces‘ policies to 

guarantee the protection of human rights during naval and land operations. 

25. Bulletin Number 04-09 – Issued by the Commander of the Army on March 2, 

2009: On the role of the Legal Military Coordinator. 


2009: On evaluating operations and incentives systems. 


2009: States that no member of the Armed Forces can tarnish the reputation of 

their position, by conducting themselves in a manner that is above the law and 

without honor. 


Forces on March 10, 2009: Improved the organization and execution of the 

inspections by the Inspector General for Human Rights within the Armed Forces. 


Forces on March 17, 2009: Create a virtual classroom to train members of the 

Armed Forces on the rights of children, including those separated and/or recovered 

from illegal armed groups. 

30. Circular Number 0611 – Issued by the Commander of the Army on March 27, 

2009: Regarding the prevention of violations of the human rights of adolescents 

and women. 

UNCLASSIFIED

UNCLASSIFIED 

- 152 - 

31. Bulletin Number 07-09 – Issued by the Commander of the Army on April 13, 

2009: States that troop morale is strengthened by respect for human rights. 

32. Directive Number 008 – Issued by the Commander of the Navy on April 17, 2009: 

Implemented a virtual classroom to train members of the Navy on human rights of 

children and women, including those sequestered by or involved in illegally armed 

group activities. 

33. Circular Number 0907 – Issued by the Commander of the Army on April 21, 2009: 

Regarding the role of the Group for Doctrine and Judicial Consultation from the 

Office of Human Rights and International humanitarian law within the Ministry of 

Defense. 

34. Directive Number 0135 – Issued by the Deputy Commander of the Army on April 

21, 2009: Facilitated the execution of the project ―Health, Sexual and 

Reproductive Rights, and Gender Equality.‖ 

35. Directive Number 0093 – Issued by the Deputy Commander of the Army on April 

21, 2009: Executed the workshop to improve the integration process. 

36. Bulletin Number 08-09 – Issued by the Commander of the Army on April 27, 

2009: Regarding the processing of and response to complaints. 

37. Directive Number 0143 – Issued by the Deputy Commander of the Army on May 

2, 2009: Confirmed progress towards the implementation of a pedagogical model. 

38. Bulletin Number 09-09 – Issued by the Commander of the Army on May 04, 2009: 

Regarding violence and discrimination against women and violations of human 

rights. 

39. Circular Number 0348 – Issued by the Commander of the Army on May 5, 2009: 

Regarding legal oversight of the military operations, organization, maintenance, 

and management of probing documents and recommendations for human rights 

improvements 

40. Circular Number 630133 – Issued by the Commander of the Army on May 7, 

2009: Implemented mandatory policies on protection and respect for human rights 

defenders. 

UNCLASSIFIED

UNCLASSIFIED 

- 153 - 

41. Circular Number 630134 – Issued by the Commander of the Army on May 7, 

2009: Implemented mandatory policies on the observance and respect for 

women‘s human rights. 

42. Circular Number 0381 – Issued by the Commander of the Army on May 21, 2009: 

Report on the 134 th Session of the Inter-American Commission on Human Rights. 

43. Directive Number 17 – Issued by the Minister of National Defense on May 22, 

2009: Establish ROEs for the Navy, focusing on training and combat operations. 

44. Directive Number 17/09 – Issued by the Commander of the Air Force in 2009 

(date not given): Strengthened policies of respect and protection of human rights 

so that the application of international humanitarian rights is tactical, operational, 

and strategic. 

Between June 16, 2009 and May 31, 2009, 61 the Armed Forces conducted 6 

seminars related to human rights. In addition, the Army held 18 courses and sent 32 

people to 6 international courses on human rights. The Air Force and Navy also 

conducted training on human rights during the certification period, and those courses are 

listed below as well. 

Armed Forces (General) 

1. Workshop held May 14, 2009, to examine resolutions to common and grave 

infractions to International humanitarian law and to discuss the order of operations, 

ROEs, and captain responsibility. Participants included representatives from the 

ICRC, the Ministry of National Defense, and Captain of the 7 th Division of the 

National Army. 

2. Seminar held on June 4, 2009, to examine resolutions to common and grave 

infractions to the DIH and discuss order of operations, ROEs, and captain 

responsibility (Bucaramanga). Participants included representatives from the 

ICRC, Ministry of National Defense, and the Captain of the 7 th Division of the 

National Army. 

3. Seminar held in September 2008, the first to discuss the laws applicable to the 

actions of the public security forces and to present the first draft of the manual on 

the subject. Participants included representatives from the Colombian government 

in Bogotá, Captains of the military forces, and the Ministry of National Defense. 


UNCLASSIFIED

UNCLASSIFIED 

- 154 - 

4. Workshop held in January 2009, regarding the incorporation of a system of ROEs 

into the Operational Rights Manual (Paipa). Participants included representatives 

from the Director of Education and Doctrine of the Army, Director of Human 

Rights of the Army, and Legal Consultants to the Army. 

5. Joint Course held from February 6-21, 2009, on the training and strengthening of 

operational legal advisors. Participants included Legal Advisers from the Army. 

6. Presentation April 16 and 17, 2009, on the analysis of the final draft of the Manual 

of Operational Rights. Participants included representatives from the Directors of 

Operations of the Military Forces, Captains of the Senior Operations Units, and 

Operational Legal Advisers. 

Army 

1. Workshop held August 13, 2008, in Pasto on Human Rights and International 

Humanitarian Law and Public Security Forces, 80 people attended from the 29 th 

Brigade. 

2. Workshop held September 10, 2008, in Villagarzon on Human Rights and 

International Humanitarian Law and Public Security Forces, 85 people attended 

from the 27 th Brigade. 

3. Workshop held October 8, 2008, in Riohacha on Human Rights and International 


Brigade. 

4. Workshop held October 8, 2008, in Valledupar on Human Rights and International 


Brigade. 

5. Workshop held October 22, 2008, in Ibague on Human Rights and International 


Brigade. 

6. Seminar held October 30, 2008, on the penal system and operational results. 

Participants included representatives from legal units, 60 people attended. 

UNCLASSIFIED

UNCLASSIFIED 

- 155 - 

7. Workshop held November 26, 2008, in Villavicencio on Human Rights and 

International Humanitarian Law and Public Security Forces, 74 people attended 

from the 4 th Division. 

8. Training held January 08, 2009, on human rights, 720 people attended from the 

Training and Instruction Center (CIE). 

9. Seminar held January 30, 2009, on respect for the human rights, 98 people 

attended from the Military Cadet School (ESMIC). 

10. Conference held February 02, 2009, on political expansion, 1,503 people attended 

from the Military Education Center (CEMIL). 

11. Seminar held February 23, 2009, on respect for human rights, 928 people attended 

from the Military Sub-Officials School of Colombia (EMSUB). 

12. Training held March 16, 2009, on human rights, 6 people attended from the 

Intelligence and Counter Intelligence School. 

13. Seminar held March 10, 2009, on the installation plan for the integral legal 

support, 55 people attended from the 2 nd Division. 

14. Seminar held April 15, 2009, on respect for the Human Rights Units within the 10 th 

Brigade, 67 people attended. 

15. Seminar held April 22, 2009, on leadership training focused on efficiency and 

transparency, 106 people attended from the Military Cadet School (ESMIC). 

16. Seminar held April 28, 2009, on respect for the Human Rights Units within the 12 th 

Brigade, 47 people attended. 

Army - International Courses (32 people trained total, dates not given) 

1. Operations for maintaining the peace (held in Uruguay) 

2. Course about maintaining the peace (held in the United States) 

3. Instructor‘s course on human rights (held in the United States) 

4. Instructor training (held in the United States) 

UNCLASSIFIED

UNCLASSIFIED 

- 156 - 

5. Instructor‘s course on human rights (held in the United States) 

6. Citizenship and human rights (held in the United States) 

Air Force 

1. Specializations – in 2008, four officials pursued specializations in human rights 

and DICA in the Military Cadet School: General Jose Maria Cordova and three 

officials from the Externado University of Colombia. 

2. International Courses – two officials participated in an international course on 

rights in armed conflicts in San Remo, Italy: The Human Rights Director of Air 

Combat Command Number 2 (CACOM-2) and the Commander Air Maintenance 

(CACAM). 

Navy 

1. Specialization on International Law for the Armed Conflicts (DICA) held in 

Bogotá, 8 officials attended. 

2. Specialization on Human Rights and International humanitarian law held in 


3. Course for Legal Advisers held in Bogotá, 21 officials attended. 

4. Workshop on ―Women in the Workforce‖ held in Melgar, 9 officials attended. 

5. Workshop on Interdisciplinary Policy Integration held in Paso, 2 officials attended. 

6. Seminar on the implementation of human rights and International Humanitarian 

Law held in Coveňas, 7 officials attended. 

7. Seminar on preventative measures held in Bogotá, 15 officials attended. 

8. Seminar on legal action in human rights and International humanitarian law held in 


9. Seminar/Workshop on normative instruments and national mechanisms for 

international crime and refugees held in Barranquilla, 1 official attended. 

10. Instructor‘s course on human rights held in Fort Benning, USA, 4 officials 

attended. 

11. Course on International Law for the Armed Conflicts (DICA) held in San Remo, 

Italy, 1 official attended. 

UNCLASSIFIED

G:\SEARAAND\Colombia 2009\HR Certification\Final Package\Tab 2 - Memorandum 

of Justification Memo for HR Cert - FY09.doc 

Approved: WHA – Craig Kelly, Acting 

Cleared: WHA – CMcMullen 

WHA/AND –KWhitaker ok 

DRL – SMoody ok 

WHA/PPC – KStiansen ok 

P – PAguilera ok 

D(S) – LCue provisional ok 

D(L) – ETurover ok 

INL/LP – CLang ok 

PM/PPA – CMarchese ok 

PM/RSAT – SWolf ok 

PRM/ECA – JYutacom ok 

S/P – PHarrell ok 

H – JBulgrin ok 

L/WHA – RLahne ok 

L/LEI – PPrugh ok 

L/HRR – KGrove ok 

L/LFA – MTaylor ok 

L/M – AKottmyer ok 

F – EUribe ok 

S/ES-CR – EHardy ok 

USAID – DJohnston ok 

DOJ – TBlack/MBurke ok 

DOD/OSD – JCardenas info 

JS/J5 – AAleman info 

SOUTHCOM – KCronin info 

EmbBogotá – CCooley ok

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

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

Delete template?

Save as template?