On April 5, 2022, the José Alvear Restrepo Lawyers’ Collective -Cajar- requested the Chamber for the Recognition of Truth, Responsibility and Determination of Facts and Conduct -SRVR- of the Special Jurisdiction for Peace -JEP- to impose a precautionary measure against Major General Édgar Alberto Rodríguez Sánchez, who is currently commander of Joint Command No. 3 in the southeast of the country, with jurisdiction in the village of El Remanso in the municipality of Puerto Leguízamo.  

Last March 28, 2022, Diego Molano, Minister of Defense, informed the public opinion about the death of nine people at the hands of the National Army, whom he pointed out as militants of the FARC dissidents in Puerto Leguízamo, Putumayo. Major General Édgar Alberto Rodríguez Sánchez confirmed the alleged operational result, which turned out to be a massacre against villagers. 

On March 29, the National Organization of Indigenous Peoples of the Colombian Amazon -OPIAC- filed a complaint and request for urgent action on these events, as they claim that it was not an operation against FARC dissidents, but an attack against the civilian population gathered in a bazaar in Puerto Leguízamo, Putumayo, which culminated in the murder of nine people and the illegal retention of four more people. Among those killed were peasants and indigenous people, and the governor of the Kitcwhwa people and his wife could be identified among them.   

Recently, a Verification Mission convened by the Putumayo Territorial Table of Guarantees found that there was no combat against any illegal armed structure but that it was a massacre against a civilian population that was holding a bazaar to collect funds, that there was irregular action by the Army at the scene of the crime and that the Prosecutor’s Office initiated investigations belatedly.

🔴#WhoGaveTheOrderAtTheReward 

On April 2, the Territorial Roundtable of Guarantees of #Putumayo convened a Verification Mission to the village of El Remanso, with the accompaniment of national and international organizations and media.

THREAD ⬇ https://t.co/FWkIn2Vbh5 pic.twitter.com/MO4s7ePL7L

— ColectivoDeAbogad@s (@Ccajar) April 6, 2022

It should be recalled that Rodríguez Sánchez is appearing before the JEP in the framework of case 003 “deaths and forced disappearances illegitimately committed by agents of the State” for at least 31 victimizing events that occurred in the department of Huila between 2006 and 2007 while he commanded the Infantry Battalion No. 27 Magdalena.  

Therefore, we request the SJP to provisionally decree the suspension of the position of this high-ranking military commander, and to evaluate the opening of an incident of non-compliance with the conditionality regime, based on the obligation of the participants to comply with the obligations derived from the conditionality regime for their submission, permanence and access to special criminal benefits granted by the Integral System of Truth, Justice, Reparation and Non-Repetition, particularly the obligation to guarantee the non-repetition of the facts for which they are being investigated or the commission of new crimes. 

In effect, those members of the National Army who appear before the JEP in the framework of macro-case 03, are unfailingly obliged not to participate in acts that reproduce or perpetuate this macro-criminal pattern, in this case, the unlawful presentation of combat casualties. 

We recall that the guarantees of non-repetition are necessary measures to prevent the victims from being affected by the commission of new crimes of the same kind, therefore, in the event that risks of victimization are observed or the commission of crimes such as extrajudicial executions is confirmed, not only should the incident of non-compliance with the conditionality regime be initiated immediately, but also the adoption of precautionary measures to stop the threat or violation of human rights and breaches of International Humanitarian Law. 

In this case, based on Article 22 of Law 1922 of 2018, Procedural Law of the JEP, we request the Chamber to decree a precautionary measure consisting of the suspension of Major General Édgar Alberto Rodríguez Sánchez from the command of Joint Command No. 3 of the southeast of the country while his responsibility is clarified in the ordinary jurisdiction for the events of El Remanso. This in order to avoid irreparable damage to the people and peasant and indigenous communities that live in the jurisdiction of Putumayo, and the re-victimization of those victims accredited in the Huila sub-case who are awaiting the determination of the responsibility of this person.