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This Thursday, the Office of the Attorney General of the Nation read the disciplinary ruling against 7 soldiers for the rape of a 12-year-old girl, belonging to the Embera Chamí ethnic group, which occurred on June 21 in the Santa Cecilia district of Pueblo Rico, Risaralda .
The uniformed men were punished for the rape and kidnapping of the minor with dismissal and general disability for 20 years, the maximum sanction that the Attorney General’s Office can impose. The names of the sanctioned uniformed officers are Juan Camilo Morales Povea, Yaír Stiven González, José Luis Holguín Pérez, Juan David Guaidía Ruiz, Óscar Eduardo Gil Alzate, Deyson Andrés Isaza Zapata and Luis Fernando Mangareth Hernández, who remain detained in a military prison in Bello, Antioquia.
(Read also: 20 years, sanction of former director of Legal Medicine in Putumayo for raping a girl)
According to the disciplinary ruling, of 100 pages, in the process what the girl told her was proven to be true, when she said that she left her house to pick some fruits, near the school where the soldiers were camping, and that when she was already returning home, one of the uniformed He called her to the place where he was on duty and, after a conversation, he raped her and called other colleagues to do the same.
For the Attorney General, it was not possible for the minor to know the risk of accepting the “apparently friendly” call from a soldier.
The soldier who called the minor to deviate from the road, pass a fence and get to where he was as a sentry was identified as Juan Camilo Morales Povea, “who, taking advantage of the authority granted him by wearing the uniform and carrying a weapon , it generated in the girl a naive confidence and made her go through the fence, enter the place, between the bushes and carnally agreed, And as if that were not enough, she called her companions who took turns “to rape her.
According to the ruling, Morales raped her, then went out and returned with three other soldiers, who also raped her. Later another 4 soldiers arrived with the same purpose.
(It may interest you: The story of the coroner who valued an embera girl raped by soldiers)
The soldiers covered the girl’s mouth to keep her from screaming, and took her hands. Everyone abused her except Luis Fernando Mangareth Hernández, who, according to the Attorney General’s Office, Although he did not agree to her carnally, he collaborated with his companions as he provided surveillance while they raped the minor.
For the Attorney General, it is proven that on June 21 between 7 and 9 at night, in the vicinity of the Pío XII School, “the minor victim was carnally and violently accessed by at least 6 soldiers (…) Mangareth watched the consummation “, It was read.
The control body also highlighted that the persons involved recognized their responsibility, since in the criminal proceedings, before a judge, they accepted the charges charged by the Prosecutor’s Office for abusive carnal access with a minor under 14 years of age. However, the soldiers denied violent circumstances and They said that the victim “was a woman who seduced them”, for which they argued that the sexual acts were consensual, and even said that she initiated them.
However, the Attorney General’s Office said that everyone knew that she was a minor that they should respect and protect. “It was evident that neither the girl nor any adult woman was able to defend herself, it is absurd to say that this was consented, the girl herself indicated in her statement that she told them that it hurt and neither stopped,” says the ruling.
The soldiers called each other by phone to rape the girl
The Public Ministry highlighted that according to information from the national direction of special investigations, between 6 pm on June 21, 2020 and June 22 of this year there were several calls between the soldiers’ phones.
For example, it was proven that on June 21, at 7:31 p.m. Juan David Guaidía called Deison Andrés Isaza by phone. At 8:43 p.m. that day Óscar Eduardo Gil called Deison. Like these, other calls were made, including on June 22. In those calls, the Attorney General said, Guaidía told his colleagues to go, “there was a woman.”
It is also mentioned in the disciplinary ruling that the soldiers lied to the Prosecutor’s Office about the place where they were installed. The military recognized that their superior, Deputy First Sergeant Juan Carlos Díaz Díaz told them not to say that they were camping at the school, but that they were constantly moving around the area.
(We recommend: Soldiers would have called other soldiers to abuse an indigenous girl)
True acts of barbarism carried out with constraint and threat to satisfy their sexual desires
For the Public Ministry, what the military did were “true barbaric acts executed with constraint and threats to satisfy their sexual desires.” He added that faced with this “macabre scenario of these 7 armed men” the least had no other option than to agree so that they would not hurt her.
The control body considered that the soldiers took advantage of the girl’s innocence, gender, vulnerability and even race. Even, according to testimonies, some of the rapists boasted with other colleagues of having had sexual relations with an indigenous woman.
Kidnap and compulse to investigate more soldiers
In the disciplinary ruling, the Attorney General’s Office stated that in addition to the rape of the minor, the soldiers also committed the crime of simple kidnapping “because the minor was detained illegally and against her willIn fact, they adapted a hut for him to sleep and not go home after having endured the rape of 6 of them. ”
That kidnapping, said the Attorney General’s Office, was arranged by the soldiers to prevent the discovery of violent carnal access to a protected person.
Since the girl said that she was raped by 9 people, the Attorney General’s Office ordered certify copies to investigate whether other soldiers, other than the 7 already sanctioned, sexually abused the minor.
Likewise, given that during the trial a testimony of a psychologist, requested by the defense of the soldiers, spoke of alleged irregularities in the forms of psychological evaluation that the Army made to the soldiers to declare them fit for service, the Public Ministry decided to open an investigation to investigate these irregularities.
The defense of the soldiers appealed the decision, arguing that all the guarantees were not respected, that the ruling only took into account the testimony of the minor and that “a testimony (of rape) does not always have to be believed but rather should be assessed along with other evidence. “
The appeal will be evaluated by the Disciplinary Chamber of the Attorney General’s Office, which will make the second instance decision.
Other Justice notes that may interest you:
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-Nation, condemned for ‘inhumane’ conditions in women’s prison
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