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The Kankuamo people have been particularly hard hit, suffering forced displacement
(300 families), many killings of leaders and others, restrictions on freedom of movement
and other violations. In 2003, 44 murders of indigenous Kankuamo were reported to the
Office of the Ombudsman, as well as the indiscriminate bombing of the hamlet of Potrerito,
in the Wiwa indigenous reserve, which resulted in the destruction of 50 dwellings and the
forced displacement of 25 families. Office of the Ombudsman resolution 24/2002,
upholding the human rights of the indigenous peoples of the Sierra, has still not been
implemented. In July 2004, the Inter-American Court of Human Rights instructed the
Government of Colombia to apply forthwith the precautionary measures requested in the
case of the Kankuamo of the Sierra Nevada.
38.
Among the many accounts received by the Special Rapporteur concerning abuses
suffered by the indigenous communities were reports from the Wiwa people of the
Sierra Nevada of indiscriminate bombings, killings, arbitrary and unlawful detentions;
roadblocks, burning of houses, looting and theft of animals; damage to sacred sites, theft of
medical equipment and damage to health centres; and theft of educational materials and damage
to schools.
39.
The psychological and social trauma such violence causes to the indigenous populations
is incalculable. Children under 18, women and older people are at most risk. In late 2003, the
media reported a series of suicides among Embera girls in the department of Chocó; these were
attributed to the collective depression caused by the horrors of the armed conflict.
40.
The main tactics used by the illegal armed groups to subjugate the indigenous population
are kidnapping and forced disappearance. In many cases, and increasingly, such incidents are
linked with organized crime, possibly drugs-related. In recent years, many kidnap victims have
been killed by their paramilitary captors and their bodies sometimes cruelly mutilated.
Indigenous people have told the Special Rapporteur that they frequently do not report such
incidents to the prosecutor’s office or the authorities for fear of reprisals; this points to the
existence of close ties between certain armed groups (paramilitaries in particular) and police
officers in those places where such incidents occur. There are reports of civilian indigenous
people being detained by the armed forces, later to be found dead; the official explanation, where
any is given, is that they were “terrorists” who had been “eliminated” in military operations.
41.
The Special Rapporteur received reports of mass arbitrary detentions in indigenous
communities, carried out by the military, without arrest warrants, under the Anti-Terrorist
Statute, which allows the armed forces to perform judicial functions in conflict zones. The
President assured the Special Rapporteur that no one is detained without a warrant. Indigenous
people report, however, that warrants are sometimes issued by the armed forces themselves at
the time of arrest or afterwards. They also state that many of those detained are released a few
days later for lack of evidence that they have committed any crime, but by then they have been
branded as “terrorists”, with all that that entails in terms of risk to their safety - they may, for
example, be intimidated or even hunted down by paramilitary groups operating in the area. The
Office of the Procurator-General has reported on such incidents in the rehabilitation and
consolidation zone of Sucre-Bolívar, and, in a report on mass arrests in 2003 and 2004, states
that in many cases no arrest warrant had been issued.