On July 27, 2009, the guerrillas attacked with grenades and shots a group of coca eradicators and soldiers who were traveling in a boat from Istmina along the San Juan River in Paimadó, near Bebedó.
The guerrilla ambush caused the shipwreck of the boat and the death of four soldiers and three eradicators.
The relatives of Wilkiller Murillo, one of the eradicators who died in the attack, sued the Nation, assuring that the Ministry of Defense, the Presidency, the Army, Social Action and other entities, incurred in a service failure for not having provided the security necessary to prevent the attack or to counter it efficiently.
In first instance, the Administrative Court of Chocó, in a judgment dated March 5, 2015, declared the Nation – Ministry of Defense – National Army – National Police patrimonially responsible for the death of Mr. Wilkiller Murillo and ordered them to pay the corresponding damages. .
The case was appealed and reached the Council of State, which confirmed the conviction by noting, among other things, that the security of the eradicators corresponded to the Public Force and that the accompaniment was not enough.
“Although the death was caused by an armed group outside the law, the truth is that his negligent conduct facilitated it when he allowed the movement of the eradicators without any protection, without taking into account the risk situation in which the eradicators because they were aware of the threats made, to the point that the date initially scheduled for the displacement was changed, so that the mere accompaniment was not effective once morest the attack but rather the situation implied a reinforcement of protection measures ” says the ruling.
The ruling ordered compensation in favor of the family.
