PBI-Colombia accompanied CAJAR notes trial of ESMAD violence against Leidy Cadena will be heard by ordinary criminal justice system

Published by Brent Patterson on October 2, 2024October 2, 2024

The PBI-Colombia accompanied José Alvear Restrepo Lawyers’ Collective (CAJAR) has tweeted: “#TheLatest @CConstitutional [Constitutional Court] determines that the case of eye injuries caused by ESMAD [Mobile Anti-Riot Squadron] agents to young Leidy Cadena will be taken up by the ordinary criminal justice system and not by the military, as the defence had intended.”

The fuller statement from CAJAR notes:

“As the victim’s representative, [we] would like to inform that the Constitutional Court of Colombia has just determined that the case of eye injuries caused by ESMAD agents to the young Leidy Natalia Cadena on April 28, 2021, in the city of Bogotá during the National Strike will be assumed by the ordinary justice system and not by the military criminal justice system. as requested by the defense.

Sebastián Escobar, lawyer for the Cajar and representative of the victim, clarifies that, although this decision mentions only patrolman Danilo José Núñez, the Court’s decision studies the facts of the case, in which Lieutenant Álvaro Ramírez is also involved, so the defense of that State agent could not argue a conflict of jurisdiction either. Both members of the ESMAD, now called UNDMO, were formally charged on April 23.

For Cajar this is a ruling that represents an advance in the protection of the rights of victims of police abuse during social protests and highlights the importance of cases of possible human rights violations by members of the Public Force being investigated impartially and with full respect for judicial guarantees.

It is worth remembering that Leidy was only 22 years old when she was hit by a rubber bullet fired directly at her and that caused her to lose her right eye. This has been a systematic practice of the ESMAD: from 1999 to 2022, around 179 people were victims of eye injuries attributed to agents of that Squadron in Colombia. During Duque’s government alone, more than 100 cases were registered.”

The full statement from CAJAR can be read at Corte Constitucional determinó que caso de lesiones oculares ocasionadas por agentes del ESMAD a la joven Leidy Cadena será asumido por justicia penal ordinaria (September 27, 2024).

Canadian unions call for ESMAD to be dismantled

During the National Strike, the Canadian Labour Congress (CLC), the Public Service Alliance of Canada (PSAC) and the National Union of Public and General Employees (NUPGE) supported the popular call for the dismantling of the ESMAD.

Instead of being dismantled, the ESMAD has now been rebranded as the Dialogue and Order Maintenance Unit (UNDMO).

Planned screening of documentary

In the coming weeks, PBI-Canada hopes to be able to organize a virtual screening of the documentary ‘The Eyes That Are Reborn’ (Los ojos que renacen) in collaboration with the Movement in Resistance against Ocular Aggressions (MOCAO).

Back in June of this year, PBI-Colombia joined MOCAO for a screening of this documentary.

Stay tuned for more on this.