The judge who banned the use of Venom in Popayán denounces threats to his life

A group from the Judicial District of Popayán has spoken out against threats received over the past week by one of their colleagues, the judge Yenny Ximena Cuetia Fernández, who said he received disturbing comments after ordering the suspension of the use of the weapon Venom in this city. It is the controversial device used by the Mobile Riot Squad (Esmad) since the start of the national strike protests.

Let us recall that the tenth administrative judge ordered exactly one week ago to the high command of the police that “immediately suspend the use of the electric multiple launcher called Venom in the city of Popayán, in any space ”, at least until they develop, among other things, a specific protocol for the use of the device.

This, following a guardianship filed by a group of Payanais who, through the presentation of videos verified by Human Rights Watch, sought to guarantee their “Fundamental rights to life, to physical and personal integrity, to personal security, to peaceful coexistence, to peace, to health and to the environment.” The decision set a precedent that not only motivated residents of other towns to follow suit, but also sparked a series of attacks and disobedient comments against the official.

In this regard, the dresses of the capital of Cauca issued a statement in which they warn that “we want to emphasize that although it is a which is not firm because it is awaiting a second instance decision, the impartiality of judges in the administration of justice must be respected ”.

Likewise, they pointed out that both this and other decisions they make in the course of their duties aim to guarantee the rights of these Colombians who turn to the judiciary to resolve issues and conflicts, so “they are not covered with any political tinge or interest”.

Therefore, they stated that “It is not possible to pave the way for conflict resolution by means of facts but by lawDemanding that any disagreement arising from court decisions be resolved through the same system, instead of violence, as threatened in the case of Judge Cuetia.

Finally, the statement ends by asking that “protection is provided to Judge Cuetia Fernández and her family ”, as well as the opening of an investigation to determine the origin of the threats. Other groups that have spoken out against the threats are the Cauca Administrative Litigation Tribunal and the Asonal Judicial.

It is not necessary to underline the conditions set by the judge for the use of the Venom weapon:

“1. Prepare a specific protocol for the use of the Venom device, in which is reflected the correct way of handling it, that is, on platforms such as land vehicles or unmanned platforms and not from the ground, even if it is supported on a tripod, in order to prevent it from shooting directly at the humanity of the traffickers, moreover, it should be used as a last resort to ensure the restoration of law and order, as the provides for article 20 of decree 003 of 2021.

The preparation of the protocol must respect the conditions set, in general, by the International human rights, international and national regulations on the use of non-lethal weapons. Taking into account the recommendations made by the manufacturer on its use and the directives given in this order.

2. Train and instruct all the troops that are part of the mobile riot squad of the town of Popayán, on the basis of the protocol that will be published to this effect, in the correct use of the Venom electric multiple launcher, so that the institution accredits them as persons fit for the handling, use and action of the non-lethal weapon at times when it is necessary to disperse large numbers of people in order to restore the ‘public order.

Once the execution of the two previous orders has been accredited, the electric multiple launcher can be used again in the town of Popayán, since only in this way can it be ensured that the device does not is not lethal not only because of its name and classification. but also because its use is so corroborated.

3. The mayor of Popayán, Juan Carlos López Castrillón, or whoever takes his place, in his capacity as the first police authority in the municipality must monitor and ensure that the Venom electric multiple launcher will not be used in the town of Popayán, until the Popayán Metropolitan Police Comply with Protocol Development and the training referred to in the previous paragraph.

Once the order has been executed under the strict conditions provided for by this decree, the mayor will authorize the lifting of the suspension of the use of the Venom device and it can be reused.

4. The Municipal Representative Office of Popayán, the Regional Prosecutor’s Office of Cauca, the Office of the Regional Population Ombudsman of Cauca, in their capacity as supervisory bodies and in accordance with their legal, constitutional and regulatory functions, They must verify that the Venom device is not being used in the town of Popayán, until the Metropolitan Police of Popayán comply with the development of the protocol and the training of Esmad members of the city ”.

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