Cases 6

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The soldiers in Gutierrez

On 8 July, 1999, the FARC’s 53rd Front attacked an Army mobile contingent camped in Concepción rural district, on the mountains of Gutierrez, department Cundinamarca. Three non-commissioned officers and 35 soldiers died as a result of this attack. Their deaths occurred as many of them slept in their tents, which rendered them defenseless. Others were taken hostage and subsequently murdered. The investigation into this case, a clear infringement of International Humanitarian Law, is being conducted by the Human Rights Unit of the Office of the Prosecutor General, following the filing of charges against the members of the FARC’s 53rd Front by the commander of the 13th Army Brigade.

Criminal proceedings were instituted against Henry de Jesús Pérez, alias “Romaña”, who led the operation, and another seven members of the FARC for the crime of aggravated homicide.

La Gabarra and Tibú

The first episodes of this case took place on 23 May 1999 in La Gabarra municipal district, municipality of Tibu, department of North Santander, with the death of six people, the kidnapping of 21 and the setting up of illegal roadblocks. Mass murders, kidnappings and disappearances occurred again in the area about a month later. This prompted the migration of people to urban areas and to Venezuela. Fact-finding missions for the return of displaced population confirmed that members of the United Self-defense Groups of Colombia were present in the area, and the government raised the alarm. On 20 August a new massacre claimed more victims and provoked further population displacement. Over 130 people died and hundreds were forced to leave their homes in 1999. Another 26 people were killed in January this year.

The commander of the Army Brigade stationed in the locality, the commander of North Santander Police Department and the head of the regional DAS district were transferred from their posts, on the grounds of alleged omission. The President of the Republic, exercising his discretionary powers, dismissed the V Brigade commander through decree 1710 of 1st September 1999.

The Human Rights Unit of the Office of the Prosecutor General is conducting four investigations into these events. The Office issued arrest and preventive detention without bail warrants for the crime of “formation of paramilitary groups”. The preliminary inquiry linked Carlos Castaño and alias “Camilo” to the crimes. The former, supreme leader of the self-defense groups, publicly accepted that he did plot them. The latter, also involved in the Barrancabermeja massacre, is thought to be the actual perpetrator. Preliminary investigations also linked a number of Army and Police officers to the case. The Office of the Attorney General found grounds for the initiation of a disciplinary investigation of the military officers involved. Preliminary enquiries are currently taking place.

The Prosecutor General’s Office launched an investigation of 14 private individuals for their alleged participation in the massacres. In December the Office ordered the arrest of two of them for the crime of formation of self-defense groups. Another six were arrested by the Technical Investigation Unit of the Prosecutor General’s Office in January 2000. Their cases continue..

FOLLOW-UP CASES

Follow-up on cases included in previous issues of this Newsletter.

CASE	NEWSLETTER
Homicide of Eduardo Umaña One of the alleged actual perpetrators of this crime was arrested and extradited from Spain. The pre-trial hearing continues. Another two individuals suspected of having plotted the crime have been arrested since 1998.	No.1
Barrancabermeja massacre In December 1999 the Office of the Prosecutor General issued a further warrant against a private individual alleged to have participated in the massacre.	No.1
Homicide of CINEP researchers In August 1999 indictments were laid against those involved, Edwar Melguizo, alias “El Zarco”, and the Castaño brothers, members of self-defense groups, for the crimes of aggravated homicide, conspiracy to commit homicide, carrying of illegal arms, aggravated robbery, and using illegal communication equipment. The accused are linked to the case in absentia. The preliminary inquiry to establish the link of other people to the plotting of the crime continues.	No.2
Puerto Alvira massacre Ocurred on May 9 de 1998 A man belonging to the United Selfdefense Groups of Colombia is now under arrest.	No.2
Homicide of pro-indigenous activists On 20 December 1999 the members of the FARC accused of these murders were formally indicted for aggravated kidnapping, aggravated homicide, rebelion and aggravated robbery. In February this year the Prosecutor General’s Office ordered the arrest of Jorge Briceño, alias ”El Mono Jojoy”, second in command of the FARC.	No.3
Bellacruz Ranch massacre A preliminary hearing in the case against a former cabinet minister is currently in progress, in absence of the accused. His extradition has been requested.	No.3
Homicide of Jorge Luis Ortega In December the Prosecutor General’s Office issued a warrant for the arrest and preventive detention of two former National Police Officers for the crime of homicide with terrorist ends. The DAS arrested the alleged perpetrators of the crime.	No.3
La Ceja massacre September 27, 1996 In January 2000 the Office of the Prosecutor General indicted two individuals, in addition to those already charged, for the crimes of “formation of paramilitary groups” and aggravated homicide.	No.3
Machuca massacre A warrant was issued in October 1999 against the commander of the ELN’s Cimarrón Front, Luis-Guillermo Roldán-Posada, for the crimes of rebellion, terrorism and manslaughter.	No.4