UNHCHR INTERNAL REPORT ASSESSES SAN JOSE DE

C O N F I D E N T I A L BOGOTA 006594

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/11/2017
TAGS: PHUM PGOV KJUS CO
SUBJECT: UNHCHR INTERNAL REPORT ASSESSES SAN JOSE DE
APARTADO SECURITY SITUATION

REF: A. BOGOTA 10898

B. BOGOTA 3625

C. BOGOTA 5672

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)


1. (C) Summary: A local United Nations High Commission for
Human Rights (UNHCHR) report on San Jose de Apartado (SJDA)
highlights differences between the Peace Community's (PC)
version of recent killings and accounts provided by the
Prosecutor General (Fiscalia),Human Rights Ombudsman
(Defensoria),United Nations High Commission on Refugees
(UNHCR),and local police. The report suggests the PC is
manipulating information to gain international attention in
an effort to recover its declining political influence in the
area. The PC's refusal to cooperate with the GOC and local
authorities--including refusing social services--has led many
PC members to leave. The UNHCHR will continue to track the
security situation in Apartado. End Summary.


2. (C) A local UNHCHR report assesses the security
situation of the Peace Community (PC) of San Jose de Apartado
that includes San Josesito (or La Holandita),La Esperanza,
La Union and Arenas Altas. The report reflects the findings
of a UNHCHR mission that traveled to San Jose de Apartado
July 30-31 to investigate the security situation after recent
killings of former PC members. The UNHCHR met with PC
members, Peace Brigade International representatives,
military and police officials, local authorities including
the Defensoria del Pueblo and Fiscalia, as well as with the
loca UN High Commission for Refugees (UNHCR) representative.

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Conflicting Versions of Recent Killings
--------------


3. (C) The UNHCHR report says PC members and local
authorities gave sharply differing accounts of recent murders
in the area. In the case of Francisco Puerta, Father Javier
Giraldo Moreno, who is connected to the community, claims
Puerta was killed on May 14, 2007 at a bus stop in Apartado
because he was a PC leader. In contrast, local police, UNHCR,
and the Defensoria say Puerta was killed in a "public
establishment" in Apartado, not the bus terminal. They also
note the PC expelled Puerta in March 2004 after he drunkenly
attacked a fellow San Jose de Apartado resident with a
machete. The victim survived and vowed revenge. Puerta was
living on his own in Apartado at the time of his death. The
UNHCHR speculates that the PC claims Puerta was killed at the
terminal due to a December 17, 2004 Interamerican Human
Rights Court (IHRC) resolution requiring the GOC to
"effectively guarantee security to the PC, including
in..transportation terminals."


4. (C) Similarly, the UNHCHR says the PC claims Dario
Torres was a coordinator of the Alto Bonito humanitarian zone
which is part of the PC. PC leaders allege two
paramilitaries dressed in civilian clothes forcibly removed
Torres from a bus traveling between Apartado and San Jose de
Apartado on July 13 and murdered him. The PC contends the
killers were seen talking to police near the murder site
earlier that day. This account differs from that of Accion
Social officials who say the driver of the bus found Torres'
body on the road. The local Fiscal, Defensor, and police
report Torres was expelled from the PC two years ago for
alcoholism. Torres' sister provided a written statement
corroborating Torres' expulsion.

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Peace Community Increasingly Isolates Itself
--------------


5. (C) In the UNHCHR report, the Defensoria says the PC cut
off all cooperation with the GOC in 2005, arguing the GOC was
not responsive to its human rights concerns. The PC's
rejection of any state assistance, including education,
deprives members of basic services and has left them
frustrated with falling living standards. With increased GOC
provision of health and housing services to local residents,
many families have opted to leave the community. The
Defensoria told UNHCHR the PC's population is down from 250
families one and a half years ago to 100 families today (50
in La Holandita and 50 in La Union). The UNHCHR attributes
the PC's apparent manipulation of the facts surrounding
Puerta's and Torres' murders to its effort to gain
international attention to help it recover its declining

political influence.


6. (C) The Defensoria adds that two years ago--at the PC's
request--it assigned a Defensor, Ruben Diaz, to San Jose de
Apartado, with responsibility for over 1200 families in the
area. Diaz was told to focus especially on the PC's concerns.
The Defensoria says PC leaders refused to cooperate with
Diaz after he decided to live in San Jose de Apartado instead
of in the community. PC leaders were also unhappy with Diaz's
efforts to increase social services for all local residents.
The PC only wanted him to focus on advancing its legal and
political agenda. The UNHCHR says the PC's relationship with
the UNHCR is also limited due to its demand that UNHCR go
through its leaders before contacting PC members.

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Tensions With Police on the Rise
--------------


7. (C) The UNHCHR says tensions between the local police
and the PC are growing as both parties accuse each other of
foul play. On July 9, 2007, FARC snipers in civilian attire
killed a policeman in San Jose de Apartado. The police
believe the FARC escaped into La Holandita, but did not enter
the grounds out of respect for the community. The PC
believes local police want revenge on the community due to
this incident and point to Dairo Torres' death.


8. (C) After the July 9 incident, UNHCHR says the police
planned to search the PC but decided against it. Still, the
PC claims three of its leaders were harassed at a checkpoint
by plain clothes policemen on July 20. The police later
informed the PC that the plain clothes police were SIJIN
(police investigative unit) investigating the Torres murder.
On July 27, a police vehicle was ambushed by FARC guerrillas
600 meters from La Holandita, with one police killed. The
police suspect the PC is connected to this attack as well.


9. (C) The UNHCHR fears the increasing distrust between the
PC and police could escalate, especially if the police enter
La Holandita (which it has the right to do). Post will
coordinate efforts with UNHCHR as it continues to track the
security situation in Apartado. Separately, Poloffs attended
a meeting on September 11 with an OAS-led international
delegation and Carlos Franco, Director of the Presidential
Human Rights Office. The delegation relayed concerns
regarding human rights and security for the PC as a follow-up
to our August visit to San Jose de Apartado. Franco assured
us security for the entire Apartado region, including the PC,
is an important objective. Poloff will visit Apartado next
week to underscore our interest in the PC and security in the
region.
Brownfield