Fuerza letal contra la protesta social

273
Escuadrón de la policía agrede a campesinos en el Catatumbo.

Andrés Barona Olmos

Desde diversos sectores sociales se ha rechazado el tratamiento que los medios de mayor cobertura en el país, le dan a ciertos acontecimientos en los que la fuerza pública y las comunidades que reclaman derechos, se ven involucradas. Ejemplo de ello es el editorial del diario El Espectador del martes 9 de enero del año en curso, en el que se habla de manera sensacionalista de unos sucesos en Corinto, en el departamento del Cauca. Allí, se estaba dando un proceso de liberación de la madre tierra por parte de los comuneros del pueblo Nasa.

Este proceso de los comuneros fue intervenido abruptamente por los militares, quienes a su vez grabaron un video que, sin ningún antecedente, fue rotado por los medios y redes sociales, se instó a un linchamiento mediático y racista contra los pueblos originarios colombianos. Dicho editorial invitaba a sacar reflexiones en tiempos de paz sobre el hecho descrito, rechazando las manifestaciones violentas y saludando la actitud respetuosa que a su modo mantuvieron los militares.

Los medios no dieron cuenta de la versión de los indígenas, quienes a su vez denunciaron que, militares y la vigilancia privada del ingenio azucarero les disparó a quemarropa a los comuneros, lo que provocó la defensa de los mismos.

Lo legal en una protesta

El tratamiento por parte del Estado a la protesta social cuando ésta se torna en “multitudes tumultuosas” está regulado legal y constitucionalmente por la Constitución Política de Colombia, el Código Nacional de Policía, directrices del Ministerio de Defensa, Protocolos para el control de multitudes del Esmad entre otras normas, en las cuales de manera expresa prohíbe que de los destacamentos integrantes de la Fuerza Pública (Fuerzas Armadas y Policía Nacional) intervengan las Fuerzas Armadas (Ejército Nacional, Fuerza Aérea y Armada Nacional) en su control; prohibición que, por lo visto en el video y lo conocido por los comuneros y defensores de los derechos humanos no se dio.

En este sentido, es de resaltar que, a quien corresponde la actuación legal para controlar “multitudes tumultuosa” que incluso comporte actuaciones que podrían entenderse como alteraciones del orden público o violentas, es la Policía Nacional de Colombia que es un “cuerpo armado de vocación civil”, y que tiene para dichos procederes el Escuadrón Móvil Anti Disturbios, Esmad.

Así las cosas y en respeto al Derecho Internacional Humanitario, DIH, las fuerzas militares, salvo excepcionalísimos casos como los estados de conmoción interior o prestar cerco armado en caso de que el Esmad proceda en lugares donde se presume presencia de actores armados ilegales, no pueden proceder contra manifestantes pese a que ellos comporten actitudes violentas, para prevenir situaciones que afortunadamente no pasaron a mayores por la actitud mesurada y apegadas a los principios de proporcionalidad y distinción, con la que se observa actuaron los militares en esta ocasión.

Es necesario que el Estado y la sociedad, sancionen lo que tiene ya prohibición legal, en este caso de impedir que militares procedan contra la protesta social. Estamos en una etapa de post-conflicto, y en situaciones cómo estas, el uso de las armas contra la población civil deberían de cesar. De eso se trata, aprender a tramitar los conflictos por vías democráticas que persigue el Acuerdo Final entre el Gobierno nacional y las reincorporadas FARC-EP.

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