As part of the clarification route – Ruta de Esclarecimiento Itinerante – that is carried out in the Department of Nariño this week, the Attorney General presented a balance on the fight against criminal organizations such as ELN, Clan del Golfo, and dissents that operate in this territory, as well as criminal groups.
Ratifying his commitment to indigenous communities, the Attorney General, Francisco Barbosa Delgado, signed a new directive that establishes guidelines for differential assistance, with an ethnic focus, by prosecutors throughout the country, in order to implement actions to clarify the crimes.
This document will allow public servants to build guides of understanding and joint work, among others, with each community according to its worldview and ancestral traditions by highlighting the ethnic diversity of the country, and especially in the Department of Nariño.
“The Delegate prosecutors, judicial police investigators and other officials of the institution must have continuous contact with the traditional authorities of the indigenous communities to coordinate aspects related to the decision to determinate the jurisdiction and the development of investigative activities in cases that involve members of the ethnic peoples of Colombia and need the participation of members of the communities and judicial police investigators” stated the Attorney General, Francisco Barbosa Delgado.
This roadmap will also allow the consolidation of a harmonious channel between the two jurisdictions, based on recognition, respect, and indigenous protection, which is represented in this region by seven communities: Quillacinga, Pastos, Awá, Inga, Eperara Siapidara, Cofán, and Nasa.
“There is no general rule which assigns jurisdiction to one or another jurisdiction in the event of compliance with one or more of the elements that enable the jurisdiction of the Special Indigenous Jurisdiction, which are aimed at maximizing respect for the autonomy of these ancestral people. For this reason, the Delegate prosecutors must decide the competent jurisdiction in each case, taking into account the special worldview of each indigenous community”, stressed the Attorney General.
In addition, he gives precise instructions about that decisions have to be made with a differential approach, searching a balance between the protection of due process, victims’ rights, of the accused person, and the integrity of the indigenous community. All this is based on an exchange of knowledge and support between jurisdictions so that the Delegate prosecutors and investigators of the judicial police have constant contact with the traditional authorities of the indigenous communities.
This announcement was made within the framework of the forum Primer Foro de Intercambio de Saberes entre Jurisdicciones para el Abordaje de Violencia Sexual e Intrafamiliar in which indigenous governors and counselors participated, as well as magistrates of the Supreme Court of Justice, Sectional Council of the Judiciary and Superior Court of Pasto.
“Thank you very much for making us visible with these meetings. You will realize that we exist, that we preserve our language, customs, customs”, stated Sandra Patricia Chasoy representative of Inga community.
Fight against organized crime
As part of this harmonious exchange between the two jurisdictions, the Attorney General presented a balance of the actions carried out in this department to combat criminal structures that operate in the region.
This has made it possible to impact illegal groups such as the ELN, Clan del Golfo and FARC dissents with the arrest and prosecution of 498 alleged members so far 2021, in which 464 of them received a detention measure, with a rate of 93% of effectiveness.
Likewise, concerning the multiple homicides in the department in 2021, 7 of the 8 known cases have been clarified, with a clarification of 88.37%.
On the other hand, in relation to intentional homicides, 40.37% of clarification was achieved in the urban sector and 35.51% in the rural sector.
Regarding drug trafficking and micro-trafficking offenses, 18 structures were impacted with 158 arrests, the seizure of more than 54 tons of narcotics, 82 tons of supplies, and 48 laboratories that were destroyed.
Solving crimes committed against women
Within the framework of the clarification route –Ruta de Esclarecimiento Itinerante de la Mujer Indígena y Rural – with presence in the Department, the Attorney General also visited the municipality of Cuaspud-Carlosama, and he presented a balance of the actions carried out by the institution to clarify high-impact phenomena such as femicides, sexual crimes and domestic violence.
Regarding femicides, 100% clarification of the 12 cases reported between 2020 and 2021 has been achieved.
On the other hand, concerning sexual crimes, there has been a significant increase in the clarification rates, going from 7.6% in 2020 to 25.6% in 2021 and in domestic violence, it went from 12.7% to 33.3%.
As a result of this differential strategy to combat these crimes, Luber Jamilton Noguera Palacios was sent to prison for his alleged responsibility for the sexual abuse of 14 women in Pasto (Nariño).
According to the investigation, which was carried out through the Watson artificial intelligence system, this person apparently used his work of a transporter to approach women, especially nurses and lawyers, and to take them to unpopulated areas and commit to sexual abuse and steal their belongings under death threats.
The Prosecutor’s Office charged the defendant with aggravated violent sexual assault, aggravated robbery, and manufacture, and possession of firearms, accessories, parts and ammunition.
Clarification Route through Nariño
This initiative of the Attorney General’s Office seeks to promote those prioritized cases of domestic and sexual violence in this department, through investigative activities that include interviews with witnesses, forensic interviews, indictments, among other actions that allow clarification of criminal acts in a prompt way.
During these two days, 120 activities of clarification and advance of clarification and 134 investigative actions have been carried out. In addition, more than 700 people have participated in fairs of Futuro Colombia program.
The Itinerant Route, which has been in this second semester in Departments such as Boyacá, Santander, Valle, Magdalena, Atlántico, Quindío, Risaralda, Cesar, Meta, San Andrés and Bolívar, seeks to prioritize the crimes that affect children, adolescents and women.
In a transversal way, a fair led by Futuro Colombia Crime Prevention Program is carried out, to guide citizens and manage protection actions for victims who need them, with the accompaniment of Legal Medicine, Ministry of Labor, Ombudsman’s Office, ICBF, National Police, Army, Gaula- Army, Personería, Immigration authorities in Colombia, United Nations, Municipal Mayors and the Departmental Institute of Health of Nariño.
When we speak, results follow