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La masacre de Mulatos y La Resbalosa, ocurrida el 21 de febrero de 2005, evidencia la dinámica de violencia que implementaron grupos paramilitares con la complicidad de agentes del Estado en contra de la Comunidad de Paz de San José de Apartadó. ¿Qué ha pasado, en términos de justicia? Esta entrevista fue realizada el 21 de febrero 2020.

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00:00What was the case of the Captain Gordillo?
00:06You can discover part of what was happening
00:10and you can advance in the process
00:12that quickly gave the confession of the Captain Gordillo
00:15that was the official at the command of
00:17at least two units of the ejército of Vélez.
00:23The national government,
00:26along with the 17 Brigade,
00:28they solicit money for paramilitarists
00:31to pay false witnesses.
00:34The paramilitarists put the resources
00:36and the ejército takes to Bogota some false witnesses
00:39that are presented to the Fiscalía and the Diplomatic Corps
00:42and they say that it was a massacre
00:46committed by the FARC
00:47in an adjustment of accounts with the community of peace
00:49and that determines that the community of peace
00:52that they have already planned
00:54and that they have already planned
00:54and that they have completely broken
00:56with the state and the administration of justice.
00:58A decision that I,
01:00despite being a lawyer,
01:01I see not only with an ethical degree,
01:04but legitimate,
01:05because there was no response.
01:08After that,
01:09in an exercise of support,
01:10of a professional of rights
01:13named Jorge Molano
01:14and Gloria Cuartas,
01:16ex-alcaldess of Apartado,
01:18there is a support to the Fiscalía,
01:21a fiscal who took the reins,
01:24who tried to accompany him,
01:25who was threatened,
01:26who was arrested,
01:27who was not supported by the same Fiscalía,
01:29but finally presented an accusation
01:30against 10 military officers,
01:32of which they were assaulted in the first place,
01:36only four of them were condemned in the second place.
01:38We presented the accusation
01:40in the year 2012,
01:43if I don't miss my memory,
01:44in September of 2012,
01:48and seven years later,
01:51the last year,
01:53the sentence of the Supreme Court of Justice
01:55where they condemn all,
01:57the commander of the battalion,
01:58the chief of operations of the battalion,
02:00the commanders of the companies
02:03Anzuategui I, Anzuategui II
02:04and Bolívar I,
02:06and other commanders of the battalion.
02:09And so,
02:11the Fiscalía General of the Nation
02:12had advanced against two commanders
02:15of the brigade,
02:16the generals Fandiño and Zapata,
02:17and four coronels,
02:19three of the brigade
02:20and another commander of another battalion,
02:22the coronels Acosta,
02:23Sely,
02:25Castaño
02:27and Duque,
02:29but finally,
02:33the fiscal Montalegre
02:35and Néstor Humberto Martínez
02:36congelan the investigations.
02:39There is a decision in this country
02:41of not to touch military command.
02:43This is a structural issue,
02:44a military issue
02:46of our administration of justice.
02:48And,
02:48with the entry
02:49to the law of peace,
02:51the FBI ends up having
02:53the excuses
02:53to not process them.
02:55The process
02:56seemed to die
02:57in the FBI
02:57and, in fact,
02:58in the law of peace,
03:00the law of peace
03:01is offered
03:02a number of benefits
03:03without any support.
03:05I do not believe
03:06in the explanation,
03:07because the truth is
03:07that here is extremely clear
03:09the fact,
03:10but the recognition
03:11of responsibility
03:12by the condemned.
03:13The law of peace
03:15is not a military justice
03:19We do not have
03:19an independent justice
03:20and autonomous justice.
03:22I believe
03:22that these new jurisdictions
03:24and I believe
03:25that part of these new mechanisms
03:26that have been created
03:28from a little
03:30have been contagious
03:30from this military.
03:32These are things
03:32like the connection
03:34of people who come
03:36from the military justice
03:37saying that
03:38that is also justice,
03:39something that is not true,
03:40but also things
03:41like, for example,
03:44the reservism
03:45in the actions.
03:47When we are in the
03:48ordinary decisions
03:49against the military
03:49we have to protect,
03:51we do not allow
03:51to spread images
03:53or express situations.
03:55And the same
03:55happens in the
03:56special jurisdiction
03:56for the peace.
03:57You just have heard
03:58that in the military
04:00in the case of
04:01false positives
04:02there is a
04:03exemption of
04:05safeguarding
04:05the versions
04:06that in a process
04:07of transitional justice,
04:09restorative justice,
04:09the truth
04:11is absurd.
04:12Well,
04:13they are repeating
04:14what is already happening
04:15in the ordinary.
04:16This should be
04:17public knowledge.
04:18The majority
04:19of the military
04:20that are coming
04:21to the JEP
04:21are receiving
04:22money from the army,
04:24money from the
04:24money from the
04:24army.
04:25And the other
04:28element
04:29that is not
04:30said,
04:31but that is
04:31a lot of
04:33is the
04:34closing.
04:34The transitional justice
04:35is to
04:36that this
04:37is not
04:37again
04:37to speak.
04:38the
04:39country
04:39in 10 years
04:40to speak
04:40for
04:40to speak
04:41to speak
04:45The conflict
04:46is a problem
04:47of the past
04:48that we have
04:49closed the door.
04:51What is
04:51the way
04:52to speak?
04:56In some countries
04:57they have worked
04:58better than others.
05:00What happened
05:01in Colombia
05:01is incredibly
05:02innovative.
05:03under the
05:06centralization
05:07of victims
05:07and restorative justice.
05:12A restorative justice
05:13centered
05:14in Chapinero
05:16in Bogotá
05:17with very limited
05:18territorial scenarios
05:19I will show you
05:20an example.
05:21The version
05:21of Mario Montoya
05:22that just happened
05:24didn't have
05:25any possibility
05:25that the families
05:27of the whole country
05:28who were
05:29victims of
05:30execution
05:31in a false false
05:32or in a false
05:33operation
05:35could
05:36access
05:37to this type
05:37of things.
05:38And it continues
05:38to be a
05:39hidden truth
05:39in the case
05:42of the public
05:43reparations
05:44are of
05:45immaterial.
05:45That is,
05:46painting a mandala,
05:47excuse me,
05:47a tree
05:48and it seems
05:51a bit sarcastic
05:52to say,
05:53but what will
05:54happen?
05:55It will be very difficult.
05:57Some military
05:57will have
05:58more resources
05:59and they will
05:59make a job
06:01that they themselves
06:02will dictate,
06:03a psychosocial
06:04and the recognition
06:06and the transformation
06:07of the situation
06:08of the victims
06:09is not
06:09because
06:10this or any
06:12jurisdiction
06:13do not have
06:13the ability
06:14to transform
06:14poverty
06:15and because
06:17the state
06:17and the national government
06:18will be more
06:19isolated
06:20from these discussions.
06:21What is
06:23the case
06:24of the police?
06:26In a year,
06:29the same
06:29brigade
06:30that did
06:30the act
06:31tutel
06:32was a
06:32community
06:32and the
06:33judge
06:35the second
06:36municipal
06:37municipal
06:39who
06:44censored
06:45the community
06:45and prohibited
06:46to present
06:46any type of
06:47public
06:47against the
06:48brigade
06:48indicating their
06:49tolerance to the
06:51paramilitary structures
06:51that are held today.
06:53It is the
06:55world
06:55the opposite
06:55and the justice
06:57does not
06:58end up
06:59to this type of
07:00case.
07:06What is the problem
07:07is the prison
07:08and I think
07:09the victims
07:10have also clear
07:11that this is not a problem
07:12to add years of prison.
07:13This is a topic
07:14that
07:15can be told
07:16to all the responsible
07:17in a way
07:18in the framework
07:19of a due process
07:21that they were
07:21and why they were
07:24and that
07:25the society
07:26can be known.
07:27It is to say
07:27that there are serious
07:27judgments
07:28against everyone,
07:30against the
07:31maximum,
07:31the medium
07:32and the low
07:33and that we can
07:35say that in the face.
07:37of the
07:38the
07:38people
07:40who are
07:41equal to
07:42and that
07:42cannot be
07:42You
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