2024-09-22 12:06:27
The Council of State issued a condemnation against the Nation, represented by the Ministry of Defense and the National Army, after determining a disproportionate use of force in a military operation carried out in Salento, Quindío, in January 2009.
This ruling requires compensation to be paid to the relatives of two citizens who lost their lives during the intervention.which had been carried out with the aim of countering extortion suffered by a citizen in the region.
Initially, the Administrative Court of Quindío had ruled against the authorities involvedholding them responsible for the improper use of force during the operation, which was carried out by agents of the now-defunct Administrative Department of Security (DAS) and members of the Army. The entities appealed the decision, arguing that the use of force was legitimate due to a previous attack perpetrated by the victims, while the plaintiffs maintained that it was an extrajudicial execution.
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After reviewing the evidence, the Council of State ruled out the possibility of an extrajudicial execution, based on the initial complaint filed by a citizen who had been the victim of extortion by individuals who identified themselves as members of the Revolutionary Armed Forces of Colombia (FARC). Additional testimony confirmed that one of the deceased individuals was linked to extortion activities in the region, justifying state intervention.
However, the Council of State determined that, Although it was not a simulated combat, there was excessive use of force. The ruling stressed that the advantage in weapons and the element of surprise that the State agents possessed should have led to a more measured response, and not to the death of those involved. For this reason, compensation was ordered for the moral damages suffered by the victims’ relatives, recognizing their right to be compensated for the consequences of the operation.
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