The INTER-ECCLESIASTIC JUSTICE AND PEACE ORGANIZATION, in their article "Forgetfulness 2007: The Paramilitary Death Dance of El Salado [The Salted],” in their story, basically, reproaches me:
1) A supposed "acquiescence and complicity of the Bafim5 troops [Marine Corps Infantry Battalion of Fusiliers No. 5], who never arrived to El Salado, in spite of paramilitary type checkpoints; and,
2) The press release in which undersigned pointed out that the dead were the "result of combats between the guerrilla and the paramilitary... while the Municipal Legal Representative Office of Ovejas [Sheep] affirmed that it was a paramilitary massacre."
FIRST:
The Bafim5 Troops [Marine Corps Infantry Battalion of Fusiliers No. 5], never arrived because it was legal, material and geographically impossible to do it. BECAUSE:
A) Months prior, by specific order from my Superiors, Bafim5 troops [Marine Corps Infantry Battalion of Fusiliers No. 5], had been relocated to other Municipalities threatened by subversives and self-defenses groups (such as in the populations of Córdoba and Zambrano, in Bolívar).
B) To the jurisdiction of El Salado [The Salted] (and the entire area of the Municipality Del Carmen de Bolívar), the military and territorial competition of the Bafim5 was discontinued, taken out, removed; and the military and territorially competition given, taken charge, commended, to the Bacim31 [Contra-guerrillas Battalion of No. 31].
C) In consequence, the jurisdiction of El Salado [The Salted] and the whole area of the Municipality Del Carmen de Bolívar, were under the protection and territorial competition, of the Contra-guerrillas Battalion of No. 31 (Bacim31), and not of the Bafim5.
D) For the above-mentioned, regarding the Commandant of the Bacim31, were responsible for the protection rights of the jurisdictions composed of the Municipality Del Carmen de Bolívar, in the State of Bolívar, (and the jurisdictions composed by the municipalities of Chalán, Ovejas [Sheep] and Colossus, in the State of Sucre); before, during and after the massacre of El Salado [The Salted]; it was that military unit there, making presence and in charge of all related to Public Order, in coordination with Police authorities, specifically with the Third District Police of Del Carmen de Bolívar.
E) In this respect, concluded the Nation General Attorney's Office, in the Judgement, Pages 46 and 47 (Underlined and bolded):
"… According to the previous context, it is that by disposition of the Command Brigade, the Marine Corps Infantry Battalion of Fusiliers No. 5, in the months prior to the events, was committed in advancement operations against subversive groups, therefore, relocation of its troops was ordered due to the critical public order situation reigned in the region of Los Montes de María [María's Mounts], temporarily diminishing the environment of its competition area corresponding to the municipality of Del Carmen de Bolívar where a control headquarter of the Contra-guerrillas Battalion No. 31 was placed, therefore, it was the duty of this military Unit to develop military operations and intelligence activities."
SECOND:
It should be CLEAR:
a) Initially, the information that EVERYONE had, the Police, the DAS [Security Administrative Department], the Army, was on the confrontations between the guerrilla and the paramilitary (See some reports of regions’ authorities). Even today, it is registered this way, by the Republic’s Presidency in its 2006 article: "The panorama of Sucre,” in which the initial confrontations between subversion and paramilitaries and the subsequent massacre are reported. http://www.derechoshumanos.gov.co/observatorio/04publicaciones/sucre.
pdf).
Nevertheless, besides the first information on the initial confrontations between the subversion and the self-defenses (which afterwards, was also verified by the District Attorney’s Office after the rising of some cadavers dressed in military gear); what would constitute the true tragedy of El Salado, was the subsequent massacre that the paramilitary developed in the terror route in which they murdered by cruel acts more than 58 peasants, humble defenseless peasants, men, women and children, inhabitants of the Montes de Maria [María's Mounts] trail.
b) The undersigned Colonel Mantilla, as press spokesman of the Marine Corps Infantry First Brigade, transmitted information that initially was given to him by the Superior Controls (Naval Forces of the Atlantic - FNA -, Marine Corps Infantry First Brigade-BRIM1 -, and by the Contra-guerrillas Battalion No.31 (Bacim31), present in the Area.
The specific information on "paramilitary type checkpoints,” were known and were being managed between JONA in Bogotá; and CFNA in Cartagena; with CBRIM1, in Sincelejo. Cable No.161750R (16, 17:50 p.m.) dated 02/2000; Cable No. 161950 (16, 19:50), dated 02/2000; and Cable 161745 (16, 17:45 p.m.), dated 02/2000.
c) Later on, when the troops of the Contra-guerrillas Battalion (Bacim31), with territorial jurisdiction in the Municipality of Del Carmen de Bolívar, moved and arrived to the attacked trails by the paramilitary on February 18, 2000 (Ovejas [Sheep], El Palmar, La Pena, Flor del Monte), the massacre is confirmed.
d) The undersigned TCCIM Harold Mantilla, contrary to what it is stated by the JUSTICE AND PEACE Organization, it is in fact, the one who confirms to the Municipal Legal Representative Office of Oveja [Sheep], Dra. Angélica María Cruz Dajer that it is not a confrontation, it is a massacre. This official affirms by means of a sworn statement to the District Attorneys of the National Unit of Human Rights, file 155-51867-01, Book One, Page 195, : "... via phone (cellular) I spoke with Colonel MANTILLA on February 18, where he gives us a report of the situation and clarifies what had happened, that there were no confrontations but a massacre with firearms and they were doing their own thing... "
e) For more information, allow me to relate to documents with those of some of the region authorities who also informed, same as the undersigned, on "confrontations between the subversion and the paramilitary.” Then, why specifically criticize Colonel Mantilla, if everybody managed the same information? Will it be because he was the only one who faces it? ... Or because he was the "visible" face?
All contained reports on "confrontations between the guerrilla and the self-defenses": a) Record No. 0483, CINTE, February 18, 2000 (2:27 p.m.). FROM: Security Administrative Department DAS, Sucre Branch. TO: Marine Corps Infantry First Brigade Commandant (CBRIM1). Intelligence Information gathered by the Sectional. b) Radiogram FROM: JEM-BRIM1 (High Chief - Marine Corps Infantry First Brigade). ACC: CFNA (Forces Naval of the Atlantic Major. INFO: CIMAR (Marine Corps Infantry Command - JONA ( National Naval Army Operations Chief. c) Sincelejo District Attorney Branch. Record 00298, dated February 21, 2000. From the Secretary General Nelson Caicedo Rodríguez, to the Headquarters of Complaints Attention and Process at the District Attorney Office, Bogotá. d) District Attorney Office Bolívar Branch. d) Record DPBRD-5003-0354, February 24, 2000, Cartagena. From Muriel Eugenia Pérez to the District Attorney, at the Capital, José Fernando Castro Caicedo; e) District Attorney, Bolívar Branch. Record DPRB 5003-0373, dated February 28, 2000, from Muriel Eugenia Pérez to the National Director of Complaints Attention and Process, District Attorney, Bogotá.
In a same manner, the FARC [Revolutionary Armed Forces of Colombia] (Reports intercepted from "S" alias MARTIN CABALLERO, leader of the 37 front of the FARC, on confrontations against the self-defenses at El Salado [The Salted], La Sierra, Canutal, Canutalito. Monitoring M143A-M, captured February 19, 2000 at 1730 hours); and the AUC (in open Letter dated February 23, 2000, to the CTI Director, Bogotá).
II. THE DAMAGE
a) The Political Letter of Colombia, in its article 15, consecrates as Fundamental Constitutional Right, the good name: "All the people are entitled to their personal and family intimacy and their good name, and the State should respect them and make them respect." (Bolded outside of text).
b) In turn, the Constitutional Court has defined the Right to the good name, as the Reputation, what other members of the society think about a person within the living environment. The good name is typically a projection right which supposedly is the constant valuation through time of an individual's behavior, starting from the actions carried out in its sphere of coexistence.” And the High Court continues: "Consequently, the right to the good name, is an individual and collective valuation that has its origin in all the acts and facts that a person carries out, so that through them, the community carries out a trial of value on its behavior.” (Judgement SU-056 dated 1995, MP Antonio Barrier Carbonell, Mentioned in Sentence T-787/04, MP Rodrigo Escobar Gil). (Bolded outside of text). And the Honorable Constitutional Court that, in the previous order of ideas, the mentioned Right is harmed when: ‘Without justification neither certain and real cause that is to say, without base, is spread among the public - in direct and personal form, through the media (…) - false nor erroneous information or species which distort the public concept that one has of an individual and that, therefore, tend to undermine the prestige and trust of those who enjoys in the social living environment, or when in any form the general opinion is manipulated to blurred its image" The Right to the good name, is, in consequence, a projection and valued Right which relate to good behavior (to spotless behavior, to a "good image" before the society), and, to social recognition toward that behavior; which is understood that it is violated when spread among the public, without justification neither certain and real cause, false nor erroneous information that tends to undermine the prestige and trust of those who enjoy in the social living environment, when in any way the general opinion is manipulated to blurred its image.
c) The undersigned Lieutenant Colonel ® HAROLD A. MANTILLA SERRANO, acted as Official of the Marine Corps Infantry of the National Navy for more than 23 years of Service, time which I developed an excellent military and personal Career, having been honored on the part of the civil and military authorities of the Local and National Government, by means of recognition and imposition of the highest Badges, and Distinguishing characteristics, granted to Marine Corps Infantry Official, for Acts of Bravery, and for the Military Virtues and Professionals of Exceptional Character, for the reestablishment and maintenance of the Public Order of the commended jurisdiction, and my leadership, and for giving and providing support to the communities for its well-being, protection and security, and for the safeguard of its human rights, and of the humanitarian international right. Additionally, during my 23 years of service, I was not subject of any sanction, undersigned has no criminal, administrative, civil or disciplinary records. Remaining unharmed my good name, honors, moral and prestige, during my exercise as Public Official or in my Private life.
d) The Official statement "FORGETFULNESS: 46. The Paramilitary Death Dance of El Salado [The Salted],” has openly spread erroneous information which distorts my good name and blurred my public prestige and trust earned during my military career, manipulating the general opinion and blurring my correct and neat image, damaging my reputation as a person and as a military official, wrought for more than 23 years of Service. Also, constitutes, a direct, serious, unjust, and hopeless attack against my honor and dignity, altering my peace and tranquility and that of my family.
e) The article "FORGETFULNESS: 46. The Paramilitary Dance of El Salado [The Salted],” was published and at the present time it is in the Inter-Ecclesiastic Justice and Peace Commission Web page http: //www.justiciay pazcolombia.org(justiciaypaz @ andinet.com); and in other Web Pages to which it was sent as "Official statement,” such as Press Release No. 456 of the José Alvear Law School(www.colectivodeabogados.org), Indymedia (www.colombia.indymedia.org), Acompaz (www.acompaz.org), Equip Nizkor, Human Rights Watch. Also appears in other Web Pages, such as so02 or em, of the Server es.geocities.com..
f) The article "FORGETFULNESS: 46. The Paramilitary Dance of El Salado [The Salted],” it is stored in: a) the Human Right and Political Violence Database, Center of Investigations and Popular Education (Cinep & Justice and Peace), and B) the “Noche y Niebla” [Night and Fog] Magazine Database.
g) The INTER-ECCLESIASTIC JUSTICE AND PEACE COMMISSION Web Page BASE and its DATABASE, are consulted by Government and Non Government Organizations, and National and International Institutions dedicated to Promote, to defense and protect Human Rights and Humanitarian International Rights; such as the United Nations Office of the High Commissioner in Colombia, Interamerican Court of Human Rights, Interamerican Human Rights Commission, Team Nizkor, World Organization against Torture, Amnesty International, Human Rights Watch, Human Rights Center of Nuremberg, Memory Resistance and Hope -René García-, The Colombian Project Never More, Intentional Peace Brigades, Colombia, Europe, United States Coordination; Actualidad Colombiana [Colombian Limelight] Bulletin, Coalition Against the Torture, Missing, Cronicon, Daikona, etc.
III. THE NEED OF JUSTICE AND AMENDMENT
a) I understand that in 2003, in the article "Forgetfulness 02: The paramilitary death dance of El Salado [The Salted]": the name of TCCIM Harold Mantilla has been censored in several ways. I understand that there was a lot of legal and judicial information, of RESERVED nature.
Hard reproaches that, -at that time-, (and during the time in which the reserved penal and disciplinary character investigations were developed), at the beginning, perhaps didn't seem "unjust,” for several reasons, but particularly, because due to tradition and location of the Bafim5, "it was supposed" that their troops, together with the Police Units of Bolívar, those in charge to protect the Municipality of Del Carmen de Bolívar where El Salado [The Salted] jurisdiction is located.
Additionally, because at that time, it was not of public knowledge (due to the reserved matters of the military operations), on the Troops of the Bafim5 relocation orders, this is, the displacement, months prior, of their soldiers to other Municipalities threatened by the self-defenses (As Córdoba, in Bolívar), according to the specific orders received by TCCIM Mantilla from the Superior Controls, and according to those which the geographical competition and the protection of the Municipality of Del Carmen de Bolívar, including, El Salado [The Salted] jurisdiction, had been given months prior to the Contra-guerrillas Battalion No. 31 (Bacim31), under the Command of Marine Corps Infantry Lieutenant Colonel Jorge CastaZeda.
b) However, today, 7 years later, in public history, having the undersigned been found innocent, with supported proofs, and the true authors and their accomplices established, the censorship mentioned in article "Forgetfulness 02 and 46" (The paramilitary death dance of El Salado [The Salted]); regarding the behavior of TCCIM Harold Mantilla, and his Bafim5 Troops, spread worldwide in the Internet network system, is wrong and unjust, and must be urgently repaired.http://www.procuraduria.gov.co/html/noticias2004/noticias425htm.
http://www.procuraduria.gov.co/html/noticias2005/noticias026.htm,
c) I request then, to please detach, dissociate or remove my name, TCCIM ® Harold Mantilla Serrano, from the story, and/or in anyway in which has been related in the article Forgetfulness 02 and 46, and their Banks and Databases, where my performance and that of my troop (Bafim5) is reproached during the hideous paramilitary massacre of El Salado [The Salted]. A similar repair in the articles Forgetfulness 02 (and 46), published and spread worldwide by means of the Internet system, connections, links, etc., 7 years have passed of the massacre at El Salado [The Salted], it is about time to repair the history, to retell it, honoring the memory of the dead by the light of facts and proofs, perhaps ignored at that time, or prisoners of reserved summaries, but today they are waiting, in disciplinary and penal files, full of testimonies, statements, and inquests fed by the stories of victims’ families, and its killers, witnesses, humanitarians and defenders of the rights. Proofs full of information, details which would allow an honorable recognition to the memory of those who fell dead as victims of the paramilitary.
d) On my part, I humbly desire that with the same rigor and vehemence which encourage Justice and Peace Organizations to defense the Human rights of my countrymen victims of paramilitary and subversive violence; that with the same mistrust motivates my defense and those other "silent victims,” as my family, that escaping from the death threats of these main characters of the violence in Colombia, has place our lives at a higher risk because of the serious and unjust reproaches that hurts the honor, a husband's good name and a father, and as well as the entire family. In our forced exile, our lives in danger, we don't want to continue carrying the load of the serious and unjust loss of face. Today, the Truth, the Justice and the Amendment are a Right for the inhabitants of El Salado [The Salted], and for all those that have been in one way or another victim of these horrendous crimes. I will rest, when the justice has already been pronounced, specifically about my innocence, when there are existing executed penal and disciplinary judgments pointing out the responsible parties.
TODAY, THE TRUTH, THE JUSTICE AND THE AMENDMENT IS A RIGHT FOR THE INHABITANTS OF THE EL SALADO, AND FOR ALL THOSE THAT WE HAVE BEEN IN ONE WAY OR ANOTHER VICTIMS OF THESE HORRENDOUS CRIMES. IN THEIR MEMORY, FROM THEIR MEMORY, THE JUSTICE. SINCERELY, TCCIM ® HAROLD A. MANTILLA
OBSERVATIONS:
It is important to notice that undersigned Colonel Mantilla was NEVER CHARGED FOR THE ALLEGED PARTICIPATION OR HAVE BEEN AN ACCOMPLICES OF EL SALADO [The Salted] MASSACRE. The disciplinary investigation was to determine which intelligence work had been developed, prior to the massacre, this is, the work guided to get information.
"… It is necessary to highlight that this Officer was charged with disciplinary reproach for the absence of activities guided to obtain intelligence information on possible places where the Self-defenses would enter or perform warlike actions, but not for the massacre, because according to established investigation and the charges exposed, at the time of the armed incursion, this officer had his troops committed in other military operations, therefore, he could not immediately react against the Self-defenses."
"… In the discharge stage, documents were given which linked to those obtained within the investigation, completely showing that this superior officer ordered the performance of intelligence works on the denominated generating agents of violence, the subversive groups, or Self-defenses.” "It is in the process trial elements which credits the activities of the Military Unit Commandant in such sense."
Parallel, nothing has been written about those who have been found disciplinary (2) and penally (3) responsible, neither on how they participated. No one picked up victims’ testimonies, no one brings to justice the true executioners, the names of the material authors of so hideous facts who have already been judged, sentenced and imprisoned, or deprived of their jobs.
Neither, there have been recorded that it was in fact the undersigned, TCCIM Harold Mantilla Serrano, the one who ordered the Disciplinary investigation before the Military Court 141, to establish the possible responsibility of military personnel in the facts of El Salado massacre (Investigation assumed by the Attorney General's office to whom all the early diligences were remitted); neither that in fact was the undersigned, TCCIM Harold Mantilla, personally filed accusation and requested before the Nation Attorney General Office, a Penal investigation for El Salado massacre, directly accusing as responsible the paramilitary (4) I. Neither it has been written that my Bafim5 troops, days later - after my Superiors ordered my return to the area -, amid intense combats, were able to capture paramilitary who had participated in El Salado massacre, which were personally given by TCCIM Harold Mantilla, to Atty. Yolanda Paternina Negrete, Assigned District Attorney of Sincelejo (Sucre) (5) ii, a personal friend with whom I worked intensely, and who also fell victim of the bullets of the paramilitary three years later, on Wednesday, August 23, 2003. The captured paramilitaries were investigated, sentenced and convicted to more than 30 years of prison.
I could write infinitely about my virtues as a military man, of my bravery medals and strength defending human rights, or the recognitions given by humble communities where I worked, my impeccable life history without criminal or disciplinary records, or the community work developed in Los Montes de María. I could write of my desire to request my retirement from the FFMM to devote myself to my home, my wife and my children. I could write about the horrors of the war we are living, I could dedicate hundreds of pages relating so many tragedies, so many ignominies suffered daily by the poorest in my country. I could give countless stories of the violence and the injustice. However, escaping from the death as now (6) iii, the only thing that I want to accomplish with this writing, very humbly, is to retell the history to honor the memory of those who died at El Salado, and to be able to finally find for me as well as some more of its victims, amendment and rest.
