Tribunal Superior de Medellín pidió investigar a reconocidas empresas

Artículo de opinión elaborado por Carlos Montoya, profesional social del IPC en el proyecto Macrocaso Urabá.

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Foto: El Espectador

A través de una sentencia en contra del Bloque “Héroes de Granada”, la Sala de Justicia y Paz del Tribunal Superior de Medellín pidió investigar a personas, líderes políticos y reconocidas empresas por presunta financiación a este grupo paramilitar. Entre dichas empresas, se hallan la Compañía Nacional de Chocolates, la cervecería Pilsen, Compañía de Galletas NOEL y la compañía de bebidas Postobón.

“(…) El ‘Negro Elkin’ -Elkin de Jesús Loaiza- y Diego Fernando Murillo Bejarano, alias ‘Don Berna’, se encargaban de recoger ‘ciertas ayudas’ que en muchas ocasiones le suministró empresas como “Nacional de Chocolates, Pilsen, Noel o Postobón”; así, según informe presentado por la Fiscalía 20 Delegada, total de personas extorsionadas a nivel nacional por el Bloque ‘Héroes de Granada’, entre comerciantes, profesionales, campesinos y empresarios entre otros, asciende a número de seiscientos ochenta y ocho (688) civiles; además de empresas”[1].

Adicionalmente, el Tribunal es categórico al indicar las instituciones responsables de investigar y exhorta a la Procuraduría General de la Nación a conformar una agencia especial de seguimiento[2], así:

“EXHORTA a la Procuraduría General de la Nación para que conforme una agencia especial, así como a la Delegada de la Fiscalía General de la Nación y se efectué de manera pronta y eficaz un verdadero seguimiento a las compulsas de copias efectuadas, ello en aras de garantizar una correcta impartición de justicia y la investigación efectiva de todos los implicados con el conflicto armado interno, así como los derechos de las víctimas y la sociedad”.

Sin embargo, el tiempo demostrará si se cumple la solicitud del Tribunal Superior de Medellín con respecto a la investigación de estas empresas, ya que según un informe de la organización Dejusticia, el enorme poder de algunas de estas compañías garantiza en ocasiones impunidad[3].

La preocupación por casos de impunidad también ha estado presente en los informes del Alto Comisionado de las Naciones Unidas para los Derechos Humanos, al estimar que la ausencia de justicia ronda entre el 86,57% y el 94,30% en los casos de homicidio[4] .

Este nivel de impunidad es algo históricamente denunciado en contra de algunos funcionarios de la Fiscal General y, especialmente, cuando operaron los paramilitares[5]. Un caso para destacar es del Fiscal Darío Eduardo Leal Rivera, quien en la actualidad sigue vinculado a la Fiscalía[6], pero que laboró en Urabá en los años 90, época de los mayores desplazamientos contra la comunidad[7].

Se estima que este servidor público archivó por lo menos el 80%[8] de los casos de violaciones a los derechos humanos donde avocó conocimiento y, adicionalmente, en otra sentencia del Tribunal Superior de Antioquia de Justicia y Paz se solicita que sea investigado por concierto para delinquir, ejecución de crímenes y graves violaciones a los Derechos Humanos y al Derecho Internacional Humanitario[9].

Sin embargo, la solicitud de la Sala de Justicia y Paz a la Procuraduría de conformar una “agencia especial” de seguimiento a los funcionarios de la Fiscalía responsables de investigar a los financiadores del paramilitarismo, marca un precedente institucional por parte del Tribunal, pues le apunta a no seguir permitiendo la impunidad por parte de estos civiles. Además, genera esperanzas en torno a permitir el acceso a la justicia y aportar a la verdad relacionada con vínculos entre empresas y grupos paramilitares.

En este sentido, la sentencia le genera grandes retos a las instituciones responsables de aportar a la verdad:

  1. Si la Procuraduría General de la Nación acepta la invitación de conformar la “agencia especial” tendría el reto de garantizar que la Fiscalía cumpla su obligación de investigar a las compañías señaladas.
  2. Es un reto para la Fiscalía General de la Nación evidenciar que las solicitudes del Tribunal Superior de Medellín de Justicia y Paz no se archivan, demostrando capacidad de aportar a la verdad y la no necesidad de intervención de la Procuraduría a través de la investigación de sus funcionarios.
  3. Esta sentencia le sirve tanto a la Jurisdicción Especial para la Paz (JEP) como a la Comisión para el Esclarecimiento de la Verdad (CEV), pues podría brindar insumos con el fin de esclarecer el rol de las empresas, la fuerza pública y paramilitares en las grandes afectaciones a los derechos humanos en Antioquia.

Finalmente cabe recordar que el Instituto Popular de Capacitación (IPC), en alianza con la Fundación Forjando Futuros, la Comisión Intereclesial de Justicia y Paz y la Corporación Jurídica Libertad, entregaron en días pasados un informe a la JEP donde se relata esta relación entre empresarios y grupos paramilitares en la subregión de Urabá[10].

* Las ideas aquí expresadas son responsabilidad exclusiva del autor y en nada comprometen al Instituto Popular de Capacitación (IPC).

[1] Tribunal Superior de Antioquia de Medellín en contra del Bloque “Héroes de Granada”. Febrero 21 de 2019. Pag 1876 https://www.ramajudicial.gov.co/documents/6342975/6634902/21.02.2019-sentencia-bloque-heroes-de-granada-luberney-marin-cardona-y-otros.pdf/ed86a6de-b587-46f3-ab9a-ebc05450f4db

[2] Ibid. Pag 1873.

[3] El papel de la Comisión de la Verdad en la develación de la responsabilidad de empresas en el conflicto armado colombiano. De Justicia. Pag 46.

[4] Situación de los derechos humanos en Colombia Informe del Alto Comisionado de las Naciones Unidas para los Derechos Humanos. 25 de febrero a 22 de marzo de 2019. Pag 9. http://www.hchr.org.co/documentoseinformes/informes/altocomisionado/Informe-anual-colombia-2018-ESP.pdf

[5] Tribunal Superior del Distrito Sala de Conocimiento de Justicia y Paz. Medellín, treinta de enero de dos mil diecisiete. Acusados: Rodrigo Alberto Zapata Sierra, William Mosquera Mosquera, Games Lozano Badillo, Carlos Mario Montoya Pamplona y Luis Omar Marín Londoño. 30 de Enero de 2017. https://www.fiscalia.gov.co/colombia/wp-content/uploads/2017/02/2017-01-30-rodrigo-zapata-sierra-y-otros-primera.pdf

[6] http://www.sigep.gov.co/hdv/-/directorio/M1127026-6194-4/view. Consultado Marzo 22 de 2019

[7] Guerra, Paz y Derechos Humanos en Antioquia. Instituto Popular de Capacitación –IPC- 1998. Pag 132.

[8] Memoria de la Impunidad en Antioquia. Lo que la justicia no quiso ver del paramilitarismo. Instituto Popular de Capacitación –IPC- y la Corporación Jurídica Libertad. Colombia 2010. Pag. 37

[9] Tribunal Superior del Distrito Sala de Conocimiento de Justicia y Paz. Medellín, treinta de enero de dos mil diecisiete. Acusados: Rodrigo Alberto Zapata Sierra, William Mosquera Mosquera, Games Lozano Badillo, Carlos Mario Montoya Pamplona y Luis Omar Marín Londoño. 30 de Enero de 2017. https://www.fiscalia.gov.co/colombia/wp-content/uploads/2017/02/2017-01-30-rodrigo-zapata-sierra-y-otros-primera.pdf

[10] [10] “Iban por nuestras tierras”, el informe que presentaron las víctimas y reclamantes de tierras del Urabá y Bajo Atrato a la JEP. 10 de diciembre de 2018. http://www.ipc.org.co/agenciadeprensa/index.php/2018/12/10/iban-por-las-tierras-informe-reclamantes-a-la-jep/

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