On October 5, 2017, in the rural area of Puerto Rico-Majate, municipality of Tumaco, Nariño, a protest took place against the forced eradication of coca crops. As a result of the violent repression of the protest by the police, seven protesters were killed, some of them indigenous. The police forces stated that the deaths had been the result of a confrontation with a dissident group of the Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia) (FARC) despite the fact that village residents insisted on blaming solely the public forces as responsible for the shots. The humanitarian verification mission that arrived a few days later was also attacked. On 22 August 2019, the Prosecutor’s Office referred the case to the military criminal justice system and the facts remain in absolute impunity before a jurisdiction that, due to its characteristics, is not suitable for investigating and prosecuting serious human rights violations. On July 14, 2022, the Colombian Constitutional Court ruled that the case should be tried before the ordinary criminal jurisdiction.
On October 5, 2017, in the rural area of Puerto Rico-Majate, municipality of Tumaco, Nariño, a protest took place against the forced eradication of coca crops, the main means of subsistence for the population of the area. As a result of the violent repression of the protest by the police, seven protesters were killed, some of them indigenous: Aldemar Gil Guacheta, 25 years old; Jaimen Guanga Pai, 45 years old; Diego Escobar Dorado, 31 years old; Alfonso Taicus, 32 years old; Nelsón Chacuendo Calambas, 29; and Janier Usperto Cortés, 26; Iván Darío Muñoz Echevarría also died on October 21 as a result of gunshot wounds. Twenty other people were injured in the context of the protest.
The police forces have stated that the deaths were the result of a confrontation with the Oliver Sinisterra Front, a dissident group of the Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia) (FARC), despite the fact that village residents insisted on blaming solely the public forces as responsible for the shots.
On October 6, 2017, a human rights mission made up of the Colombian Ombudsman (Defensor del Pueblo) went to the scene of the events to verify the testimonies of the residents who, among other things, identified as responsible for the deaths members of the the Colombian National Police, more specifically from the anti-narcotics section.
On October 8, a new delegation formed by, among others, the Office of the High Commissioner for Human Rights (OHCHR), the UN Verification Mission, and the Mission to Support the Peace Process in Colombia of the Organization of American States (MAPP – OEA) was organized to go to the village of El Tandil. Once there, after identifying themselves as part of the mission and continuing on their way to check the body of one of the people killed in the events, the delegation was attacked by members of Escuadrón Móvil Antidisturbios (ESMAD) (Mobile Anti-Riot Squad) and the Anti-Narcotics Police with various stun grenades and gas. Shots were also fired.
As a result of these events, the Pasto Specialized Prosecutor’s Office 102 initiated investigations for the crimes of aggravated homicide and personal injury against Police Captain Javier Enrique Soto García and Army Major Luis Fernando González Ramírez, commanders of the platoons attached to the Fifth Division and Delta National Police core.
On August 22, 2019, the indictment hearing against the members of the security forces took place without the victims or their representatives being summoned. The Attorney General’s Office and the defense of the accused, requested the transfer of the process to the military criminal justice system. The First Criminal Court of the Tumaco Circuit (Juzgado Primero Penal del Circuito de Tumaco) granted the request, referring the investigation to the military criminal courts.
The victims and their representatives have insisted on requesting that the case be remitted to the ordinary jurisdiction and thanks to their efforts, on February 22, 2021, the conflict of jurisdiction was sent to the Constitutional Court. Meanwhile, the cases continued to advance in the military jurisdiction, increasing the high risk that the facts go unpunished given that this jurisdiction has shown its lack of impartially when it comes to judging the responsibility for the actions committed by their own members.
Additionally, the Colombian National Army determined the filing of the disciplinary investigations initiated against six of the agents involved in the massacre. However, on August 18, 2021 the Office of the Attorney General requested direct revocation against this decision because it considered that the National Army did not carry out a comprehensive and rigorous investigation, and because the event is of social impact and significance for the country, and could involve violations of international humanitarian law.
On July 14, 2022, the Colombian Constitutional Court ruled that the case should be tried before the ordinary criminal jurisdiction because “given the uncertainty about the direct link of the crime with military or police service, it is imperative to resort to the general rule of competence of the ordinary jurisdiction.” The Court also took into consideration that the facts could possibly be classified as serious human rights violations, which are incompatible with the mandate of the public force. On the other hand, the Court indicated that it should be taken into account that the events took place in a setting that has constitutional protection: that of public and peaceful assembly and demonstration, which includes protests.
In April 2023, the Office of the Attorney General charged 21 police agents for failing to protect the civilian population and, instead, using their weapons against a group of protesters. Now, they will face a disciplinary trial in the delegated attorney’s offices to determine their responsibility.
On June 22, 2023, Mr. Soto García’s and Mr. González Ramírez’s accusation hearing began. It should be noted that the Prosecutor’s Office made changes to the indictment, regarding the classification of the conducts. Initially, it had classified some of them as injuries, whereas in the new document they are classified as attempted murder. However, the hearing could not conclude due to delaying maneuvers by the defense, so it will be resumed in September 2023.
- Corporación Jurídica Yira Castro, 2 años de la masacre del Tandil: Primera masacre después de firmados los Acuerdos de Paz de La Habana
- Colombia +20, En El Tandil hacen memoria de la masacre ocurrida hace dos años (25 October 2019)
Amicus Brief filed by Human Rights Watch and Robert F. Kennedy Human Rights