Deposition of Adolfo Guevara in Dole Case

Case 2:15-cv-00506-RDP Document 50-2 Filed 02/01/16 Page 1 of 23
FILED
2016 Feb-01 PM 05:46
U.S. DISTRICT COURT
N.D. OF ALABAMA
Exhibit 1

1/27/2016
Juana Perez 1A, et al. v. Dole Food Company, Inc., et al.
Adolfo Enrique Guevara Cantillo
Page 1
SUPERIOR COURT, STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
____________________________
)
JUANA PEREZ 1A, et al.,
) Case No. BC412620

)
Plaintiffs,
)
)
vs.
)
)
DOLE FOOD COMPANY, INC.,
et al.,
)
)
Defendants.
____________________________)
Deposition of
ADOLFO ENRIQUE GUEVARA CANTILLO
Testifying in his individual capacity
Barranquilla Courthouse, Barranquilla, Colombia
Wednesday, January 27, 2016, 9:33 a.m.
Reported by:
Robert V. Short
--------------------------------------------------DIGITAL EVIDENCE GROUP

1730 M Street NW, Suite 812
Washington, DC
20036
(202) 232-0646
www.DigitalEvidenceGroup.com
Digital Evidence Group C'rt 2016
202-232-0646

1/27/2016
Deposition of ADOLFO ENRIQUE GUEVARA
CANTILLO, Testifying in his individual capacity,
held at the location of:
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A P P E A R A N C E S (Cont.)
ALSO PRESENT:
Barranquilla Courthouse
JUDGE ALEX DEL VILLAR DELGADO

HERNANDO CABEZ, ASSISTANT TO JUDGE
Especialidad Juzgados:
Barranquilla Juzgado
INES ZULETA HERNANDEZ, CLERK
Calle 40, No. 44-80
YVETTE CITIZEN, LEAD/CHECK SPANISH INTERPRETER
P-8 Edif. Centro Civico
JESUS RIVERA, LEAD/CHECK SPANISH INTERPRETER
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Barranquilla, Colombia
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DANIEL STROUD, LEGAL VIDEOGRAPHER
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ROBERT V. SHORT, DEPOSITION OFFICER
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STEPHANIE LESLIE, DEPOSITION OFFICER

ROBERT PERILLO, PARALEGAL, CONRAD & SCHERER
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Pursuant to Notice, before Robert V. Short, a
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Certified Shorthand Reporter.
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XIE JIANING, INTERNATIONAL RIGHTS ADVOCATES
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GILMA YINETH BAEZA ACOSTA
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ALMANZA BARRIOS MEDARDO, PRISON GUARD
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APPEARANCES
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CONTENTS
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EXAMINATION OF ADOLFO ENRIQUE GUEVARA
TERRENCE P. COLLINGSWORTH, ESQ
CANTILLO
INTERNATIONAL RIGHTS ADVOCATES
1301 Connecticut Avenue NW, Suite 350
Washington, D.C. 20036
(202) 527-7997
Tc@iradvocates.org
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ON BEHALF OF PLAINTIFFS:
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ON BEHALF OF DEFENDANT DOLE FOOD COMPANY, INC.:
BY MR. COLLINGSWORTH
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BY MS. CHAMPION
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ANDREA E. NEUMAN, ESQUIRE
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ANNE CHAMPION, ESQUIRE
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GIBSON, DUNN & CRUTCHER LLP
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200 Park Avenue, 47th Floor
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New York, New York 10166-0193
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(212) 351-4000
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aneuman@gibsondunn.com
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achampion@gibsondunn.com
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PROCEEDINGS
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- - THE VIDEOGRAPHER: Good morning, ladies
LEAD INTERPRETER: -- -
CHECK INTERPRETER: -- -
THE DEPONENT: -- -
and gentlemen, we're on video record. The time is
9:33 a.m. Today's date is January 27th, 2016.
here and you have a moral and legal commitment
to -- for this declaration. It is a moral

commitment, because we are committed to the truth.
This is Job No. 5914. My name is a
JUDGE DEL VILLAR DELGADO: And so you're
Daniel Stroud, I'm your video specialist. The
court reporter is Robert Short; in collaboration
But there are also legal implications.
with Digital Evidence Group, located at 1730 M
Because if you do not tell the truth, you could be
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Street NW, Suite 812, Washington, D.C.,
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subject to criminal sanctions for providing false
info@digitalevidencegroup.com.
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testimony, according to our penal code Article 442.
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We are located today at Barranquillo
And according to the penal code -- the
Juzgados Courthouse in Colombia. This case is
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article of the penal code that I just mentioned to
appearing before the Superior Court of California,
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you, it indicates that if a person in a judicial or
County of Los Angeles, entitled Juana Perez 1A,
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an administrative proceeding does not provide the
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et al., versus Dole Food Company, et al.
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truth -- either the whole truth or partial truth --
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This is Case No. BC412620.
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the person can be subjected to four to eight years
This is the beginning of Video 1 of
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in prison.
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Volume I in the deposition of Adolfo Enrique
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Guevara Cantillo.
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Cantillo, I will ask you then to take the oath to

tell the truth. Please raise your right hand.
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This deposition is being produced on
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behalf of the defendants and noticed on behalf of
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So knowing all of this, Mr. Guevara
Do you swear -- do you affirm that you
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the plaintiffs.
You may swear in the witness or state
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will tell the truth in this matter, the whole
truth?
your appearance.
interpreter and Jesus Rivera assumes the role of
check interpreter.)
MR. COLLINGSWORTH: Are you going to
Mr. Guevara, I just want to advise you that
according to Article 33 of our political
constitution of Colombia, a person is not obligated

to incriminate themselves or to testify against a
spouse, a permanent partner, or a blood
swear the translators first or you want us to
appear first?
JUDGE DEL VILLAR DELGADO: And also
JUDGE DEL VILLAR DELGADO: And finally,
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THE DEPONENT: Yes, I do, I swear.
(Yvette Citizen assumes the role of lead
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relationship.
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present here today is the witness, Eduardo
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Enrique -- no -- Adolfo Enrique Guevara Cantillo.
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And I would request that the witness confirm his
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The matter in which you are going to
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identity by providing his ID, stating his age and
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testify about today involves a civil case regarding
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his profession or occupation.
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the survivors of Colombian citizens that were
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murdered --
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THE DEPONENT: My name is Adolfo Enrique
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Guevara Cantillo. My ID number -LEAD INTERPRETER: The interpreter

doesn't have it.
THE DEPONENT: -- I'm 46 years old and my
profession is ex-military. And my ID number is
If -- understanding all of this, if you

wish to testify, we can proceed.
(Lead interpreter and judge converse in Spanish.)
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JUDGE DEL VILLAR DELGADO: -- who were
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allegedly murdered by the self-defense forces. And
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this allegedly took place between the years of 1997
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and 2006.
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The lawsuit has as its objective to --
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that Dole Food Company assume responsibility for
nevertheless would like them to administer the
the alleged murders and the harm that was caused to
oath; and further stipulate that they waive any
the alleged victims.
objection to the validity of the deposition based

upon the oath?
On -- on the other hand, the defendants
in this case have denied these allegations, and
MR. COLLINGSWORTH: We agree.
they have stated that they had nothing to do with
MS. CHAMPION: Yes, Dole Food agrees.
the facts that are alleged in the lawsuit.
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And so basically the testimony that you
MS. LESLIE: Okay. Will the interpreters

raise their right hand, please.
will provide today is going to be related to any
Do you solemnly state that you will
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knowledge that you may have regarding these alleged
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true -- truly and accurately translate the language
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murders or any harm that had been done and any
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from English to Spanish and from Spanish to English
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relationship between the AUC and Dole Company and
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to the best of your ability, so help you God?
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also any contact that you may have had with the
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LEAD INTERPRETER: I do.
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plaintiffs or any other pertinent matters.
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CHECK INTERPRETER: I do.
Do you understand all of this?
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MS. LESLIE: Please raise your right
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THE DEPONENT: Yes, sir.
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JUDGE DEL VILLAR DELGADO: Okay. And now
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hand, Senor Cantillo.

Do you solemnly state that the testimony
having informed the witness of the previous
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you are about to give in this case shall be the
matters, I would now ask, Counsel, as you know, the
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truth, the whole truth, and nothing but the truth,
procedure here is to now ask the witness to provide
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so help you God?
a narration of the things that he knows.
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THE DEPONENT: Yes, I swear it.
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JUDGE DEL VILLAR DELGADO: (Speaking
But I know that we are under time
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constraints here. So I'm referring to you,
Counsel, if you want to continue with this process
or if you would rather just enter into the
thing; to be fair to the witness, I think you
examination?
should advise him that Dole might want to try to
take his notes at the end of the proceeding, so

that he should be aware of that.
MR. COLLINGSWORTH: Thank you, Your
Spanish.)
MR. COLLINGSWORTH: Your Honor, one quick
Honor. On behalf of the plaintiffs -- and I can
represent that Dole has agreed with this -- the
parties would request that we go immediately into
little differently, Your Honor; that if he takes
our questioning due to the time constraints.
notes related to his testimony here, it becomes a
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MS. CHAMPION: I think I would put it a
Thank you.
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discoverable document and we're entitled to look at
MR. SHORT: Stipulate to waiver of
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it.
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appearances. Say it.

MR. COLLINGSWORTH: And counsel stipulate
to a waiver of appearances so that we can proceed.
MS. CHAMPION: Dole Food also stipulates
to waive the reading of appearances.
MR. COLLINGSWORTH: We will need the
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LEAD INTERPRETER: The witness said "all

right."
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JUDGE DEL VILLAR DELGADO: Mr. Guevara,

did you understand what the attorneys have said?
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THE DEPONENT: Yes, Your Honor.
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It presents no inconvenience to me, Your

Honor. Because they're not really notes. I just
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court reporter to swear in the translators and the
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witness for our record.
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write down the questions so that I can be resolving
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them.
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MS. LESLIE: Do counsel from both sides

stipulate that they understand that the reporters
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are not Notary Publics in this venue, but
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MR. COLLINGSWORTH: Great. So

Ms. Champion has very helpfully handed me a
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schedule. Thank you. I'm going to go for 50
minutes. At 10:40 on the nose, I am going to stop.
General Jose Maria Cordoba in the city of Santa Fe,
And then Dole will go from 10:40 to 11:45. And
Bogota, in the year of '91. I graduated as a
then I have the last 15 minutes to redirect.
sublieutenant of the army in the year '93 --
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MS. CHAMPION: Just -- I just want to
note that that assumes we take no breaks,
et cetera, which hopefully we can do.
A I entered the military cadet school,
(Lead interpreter and deponent converse in

Spanish.)
A -- '93. And then I was sent to training
MR. COLLINGSWORTH: Okay.
in counter-guerilla matters and also in -- for
JUDGE DEL VILLAR DELGADO: Unless some
parachuting techniques. And subsequently I was
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urgent or physiological needs require it.
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sent to Battalion No. 42 in Bombona in the city of

Puerto de Rio Antioquia.
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MR. COLLINGSWORTH: Okay. Thank you.
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JUDGE DEL VILLAR DELGADO: All right
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then. Now the attorney for the plaintiff may be
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heard and he can continue with his examination --
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or he'll start his examination of the witness.
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ADOLFO ENRIQUE GUEVARA CANTILLO,

after having been duly sworn by Stephanie Leslie,
CSR, pursuant to stipulation of counsel, was
examined and testified through the interpreters as
Valle, to Battalion 23 Vencedores.

From there I was promoted to
lieutenant --
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LEAD INTERPRETER: And the interpreter
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needs to clarify or re-ask the name and number of
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the battalion.
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follows:
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EXAMINATION
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BY MR. COLLINGSWORTH:
From there I was transferred to Cartago

Spanish.)
THE DEPONENT: -- and then I was sent to
the Bomba Brigade No. 1, to the counter-guerilla
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Q Good morning, Mr. Guevara. I want to

thank you for coming today.
I am Terry Collingsworth, and I represent
some 62 Colombian individuals who had a family
member they allege was murdered by the AUC.
We have filed this case in California,
which is why we have this very complicated
procedure here. And we're here to gather evidence
in the plaintiffs' case against Dole Food, alleging
Dole's responsibility for the murders.
I'm going to be asking you a number of
questions about the facts. And I just want to ask
you to please, if you're not clear on what I'm
asking or there's any issue at all, to stop and ask
me to clarify, please.
A Si.
Q Have you and I ever met before or had any
discussions before?
A No, sir, none at all.
Q Can you please tell us your military
service record, just when did you start and what
was your rank and so on?
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Battalion No. 21. And after that I was transferred

to GAULA, of the Atlantic, del Atlantico, which is
based here in the city of Barranquilla. And that
took place 1998.
And at the end of 1999 I was called or
asked to take a course to become a captain. And so
I took that course until June of 2000, and then I
was transferred to the Department of Pichar. And
then in 2002 I was transferred to El GAULA of
Magdalena. And there my duties were to be as a
second in -- second commander and intelligence -(Lead interpreter and deponent converse in
Spanish.)
THE DEPONENT: -- and chief of
intelligence.
In 2004 I was sent to take FBI courses,
to Washington, D.C.; and as I said, I was trained
in counter-guerilla tactics and parachuting. I
have two medals for the public order, one for Jose
Maria Cordoba, and two medals for distinguished
service -(Lead interpreter and deponent converse in
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Spanish.)
called you in the AUC?
A Yes. I had various aliases.
personnel. It's called Order of Liberty. And also
Q Can you tell us the ones you can recall?
the Ayacucho medal for infantry soldiers. That is
a brief summary of what my life was within the
legality of the military.
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THE DEPONENT: -- in liberating
Q Thank you very much.

At some point in your military service,
I'm still his worker even now.

Q When did you stop having an active
correct?
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role -- maybe let's ask, when did you go to jail?
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Q And when was that?
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A I've known commander -- my commander
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since 1998, when I started working in the GAULA of
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the Atlantic. That is the point that I started
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working with him.
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A Well, I stopped working -- well, I think
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Q Thank you. The -- from -- when did you

stop working with Jorge 40 and the AUC?
you began also working with Jorge 40; is that

A Yes, sir.
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A Jonathan, Alejandro, 101. Those are the

ones I remember at this moment.
Q And when you were work -- let's let the
A Well, when I stopped committing crimes or

it was when I demobilized in 2006.
Q You were a very well-regarded and
promoted military officer.
So why -- why did you decide to also work
with the AUC?
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What was your purpose?
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record be clear.
What is Jorge 40's real name, please?
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MS. CHAMPION: Objection -- permission to

object, Your Honor.
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A Rodrigo Tovar Pupo.
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JUDGE DEL VILLAR DELGADO: Go ahead.
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Q When you started working with him in
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MS. CHAMPION: I simply object to
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1998, what was your understanding of what his
counsel's characterization before the question. I
position was?
don't think that that is in the record.
A I'm sorry, the position of who?
Q Of Jorge 40.
A My Commander 40, it was my understanding
because -- well, see, I didn't go over and start
JUDGE DEL VILLAR DELGADO: Answer.

THE DEPONENT: No, every time --
he was the commander of El Cesar, Magdalena, La
working with the AU -- with the self-defense units.
Guajira, Atlantico. He was in control of those
I -- what -- I made public a reality that the
regions.
Colombian public was denying --
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Q Did he have a title of some sort in the

AUC?
MR. PERILLO: "The Colombian state."
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A Yes. He was a commander, but I wouldn't
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LEAD INTERPRETER: "The Colombian state,"

thank you.
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know how to tell you this. Well, see, at that time
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it was still not known as the Northern Bloc or
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denying. I was opposed to that situation, so I
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Bloque Norte.
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chose to request my retirement. It was a voluntary
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retirement that I solicited. I just want to
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clarify that I never actually was retired by the
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army.
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Q But at some point he became known as the

commander of the Northern Bloc; is that correct?
A Yes. He was considered the commander of
THE DEPONENT: -- the Colombian state was
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the Northern Bloc. Once the Mancuso was
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demobilized, he assumed the position of commander
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is because I didn't agree with the way things were
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of the Northern Bloc.
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being carried out. I was not in agreement with the
And the reason for my leaving was my --
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Q While you were working with Jorge 40 in
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way the public armed forces were dealing with these
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the AUC, did you have a nickname, something they
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matters.
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Q Thank you. Was there something -- what
did you want to do instead?
What -- what was the source of your
I'm going to have to shift to focus on another
issue.
you have knowledge of any companies, either in
what is now called false positives. There was not
Magdalena or Cesar who were providing financial

support or other support to the AUC?
A From awhile back, we had started seeing

a real will by the -- or from the -- from the
army -- from the armed forces at that time. They
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were not willing to fight the subversion head-on.
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And I identified with the frontal manner that the
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AUC had to end with this problem.
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Q Since you mentioned "false positives,"
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can you briefly explain what that term means for
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the record, please?
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While you were working with Jorge 40, did
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Q Thank you. As I have very limited time,
disagreement?
MS. CHAMPION: Permission to object, Your

Honor.
MS. CHAMPION: The question is irrelevant
to the extent it relates to Cesar.
JUDGE DEL VILLAR DELGADO: The witness
can answer the question.
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THE DEPONENT: It's about what?
presented as operational results by the different
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MR. COLLINGSWORTH: I can repeat the
forces; police, army, armed forces --
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A False positives were executions that were
question.
CHECK INTERPRETER: "Navy."
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THE DEPONENT: -- navy, who would make
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you have knowledge that his front was receiving
Q While you were working with Jorge 40, did
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agreements with illegal groups to deliver people to
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financial support or other support from any private
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be executed and then presented as if they had died
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companies in the Magdalena area or in Cesar?
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in combat.
A No. Nobody -- nobody can affirm that
that -- that a company -- nobody can confirm that,
that a -- that a company had supported him.
But I can affirm this -- what I -- what
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Q And you've -- I've seen some interviews

you've done in the press.
You have said that this was state policy
to use the false positives; is that correct?
A Yes, that is correct. It is so correct
can be affirmed is that all -- all of the
businesses, the cattle people, the banana growers,
the palm growers, the mango vendors -- all the

agricultural businesses -- they all contributed to
the AUC. All of them contributed in a way that you
that General Navarrete at this moment -- at this
time he's the commander of the first division
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having been accused of killing several people
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outside of combat. Facts that I demonstrated. And
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But what happens is that times have
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he was part of my payroll when I was a commander --
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changed. And in times of peace, it's very easy to
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criticize the war. So nowadays everybody's talking
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and criticizing about the methods that were used
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then.
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Spanish.)
A -- with the front Martires de Valledupar.
could call almost voluntary.
MR. PERILLO: "Of Valledupar."
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THE DEPONENT: Of Valledupar, Martyrs of
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move through the highways or the roads or you
But nobody remembers when you couldn't
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Valledupar. This demonstrates the lack of interest
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couldn't -- people couldn't go to their farms,
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of the state -- or very little interest they have
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couldn't visit their families.
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to actually bring clarification to what happened,
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to these facts; and also a lack of willingness to
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considered from vict- -- to abusers of the people
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show the violations of human rights.
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in the zone that we liberated at one time.
And it was very easy for us to be
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Q So let's focus on when the war was going
self-defense units.
As I spoke when I -- in my previous
on. I understand what you've just said. You've
answer, I said that certain people -- real persons
testified that all of the companies that were
collaborated with the self-defense units on their
operating in those areas supported the AUC.
own behalf.
MS. CHAMPION: Permission to object.
JUDGE DEL VILLAR DELGADO: Yes, yes,
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absolutely.
MS. CHAMPION: The question misstates the
Q Are you personally aware of any banana
plantations in Magdalena where the plantation owner
or manager collaborated or supported the AUC?
witness' testimony and it lacks foundation. He did
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not say all the companies paid. He said ranchers,
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collaborates either through action or omission.
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farmers, et cetera, not "companies."
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And when I was in the legal sector in a battalion,
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all of them -- all of them, all of them -- I am
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speaking about all of them.
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JUDGE DEL VILLAR DELGADO: Restate your

question.
MR. COLLINGSWORTH: Sure.
Q Let me -- let me restate the question so
there's no -- no error on the record.
A But I understand clearly what the
question is -JUDGE DEL VILLAR DELGADO: Witness, turn
A I think -- I think that a person
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All the plantations devoted to any type
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of activity, due to either out of fear or due to
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conviction, they collaborated with the self-defense
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units. At that time the population preferred the
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self-defense units than to continue under the
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oppression of the FARC --
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off your microphone and wait for the attorney to
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restate the question.
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Q Thank you.
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Q Permission -- I'm just going to restate
the question. And let's just focus on the banana
companies.
Are -- are you aware of whether the
banana companies that were operating in Magdalena
were among the various growers who supported and
collaborated with the AUC?
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Honor.
JUDGE DEL VILLAR DELGADO: Proceed,
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proceed.
MS. CHAMPION: The question is overbroad
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to the extent it pertains to "banana companies."
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This case is not about banana companies. It also
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misstates the witness' testimony again.
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JUDGE DEL VILLAR DELGADO: Witness,
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answer the question.

THE DEPONENT: First of all, I didn't say
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the companies supported. I said that it was
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impossible for someone -- for a person to attest
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that the companies contributed or supported the
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Spanish.)
A -- the pressure.
LEAD INTERPRETER: Interpreter
correction: Not "oppression," "pressure of the
FARC."
Q Thank you.
Can you describe what the AUC was able to
do for the banana plantations in Magdalena once
they decided to take action there?
A No. We can't talk about that it was for
the banana plantations. I think the AUC, what they
did was for the businesses, the plantations, the
growers, just for the population in general. What
they did is take the guerillas out of their area
and allow them to live in peace.
Q Do you know, in your personal knowledge,
did the Dole Company have plantations -- did you
ever see evidence of Dole plantations in the banana
zone in Magdalena?
A I saw containers for the Dole Company.
But, I mean, do I have like -- can I attest to the
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fact that this certain plantation belonged to the
Dole Company? Well, I -- I wouldn't be able to
confirm that.
4
5
Q Do you know of a -- another AUC commander
4
5
who's known as Carlos Tijeras?
A Yes. Yes, I know him.
Q Can you tell us what his position was?
A He was a commander of the William Rivas
9
10
11
Front that operated in the zona bananera region.

Q Did you interact with him, coordinate
9
10
11
with him?
12
A Yes.
12
13
Q In what way?
13
14
A Whenever -- whenever we were going to
14
15
carry out some type of joint operation, whenever we
15
16
had to mobilize or move personnel, transport war
16
17
material in their battalion vehicles or transport
17
18
personnel.
18
19
20
21
22
Q Was he beneath you in the command
19
20
structure?
A No. We had the same rank within the
organization. I'm talking about when I was within
21
22
Miranda.
Q Thank you. Again so the record is clear,
so did Carlos Tijeras kill the mayor of zona
bananera and -- that you've just named, and then
you were directed to kill Carlos Tijeras?
Is that what you've said?
A Yes. General Montoya knew that I had a
close relationship with the AUC. And it was very
easy to ask for a meeting for Tijeras -- to ask
Tijeras to meet with me.
And at that moment I was supposed to lay
him down or kill him. And I said I wouldn't do
that. And at that point I asked to leave the armed
forces immediately.
Q What information do you have that -- at
the -- the present -- strike that.
The president at this time was Mr. Uribe;
is that correct?
A Yes.
Q And what information -- what information
do you have that the order to you to kill Carlos
Tijeras came from the presidency?
Page 30
Page 32
the --
MR. PERILLO: GAULA.

THE DEPONENT: -- GAULA -- okay. The
army's GAULA.
Q So while you were in the army, the army
coordinated with people like Carlos Tijeras in -in the ways that you've described?
A Yes, of course. I told you I was part of
the self-defense units and the army since 1998.
Q I just need the record to be clear, sir.
Thank you.
Were -- were you ever given an order to
kill Carlos Tijeras?
A Yes, sir.
Q From whom did you receive that order?
A From General Mario Montoya.
Q And do you know where the general
received his direction?
A That order directly or indirectly came
from the presidency after the death of the mayor of
the banana zone, a gentleman who's last name was
believe that should be in a video that -- or in one
of those community council meetings that Mr. Uribe
used to carry out during that time period.
3
4
5
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7
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22
A That, I believe, is in a video -- I
If my memory doesn't fail me, that was in
the Hotel Santa -- Santa Mara, where he gives the
order to General Montoya, in a public manner, that
he needed to capture or eliminate that delinquent,
that criminal.
10
Q Going back -- thank you.
11
Going back to Jorge 40, did you have any
12
knowledge at all about how he managed to pay for
13
all of the men under arms that were under his
14
command?
15
A Yes, of course.
16
Q Can you tell me what you know, please?
17
A I can say what I can attest to, what I
18
know. I was also a front commander. And I had 600
19
men under my command of the AUC. I was commander
20
of the north and Cesar and all of Southern Guijara,
21
including part of Sierra Nevada and the Serrania
22
Del Perija.
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I'm wondering whether you yourself have
to pay for -- to pay my men. Me, as a front
security concerns about yourself or your family
commander, I had to answer for the payment for all
because you're speaking out against these powerful
of the expenses of my front. That's how it was
interests that are still out free?
known if I could grow or if I wasn't able to grow.
2
3
My Commander 40, he didn't send me money
And I made the -- I paid it -- I
maintained it with the collection for payments for
hectares, for collection of gasoline, through
MS. CHAMPION: It's irrelevant.
contracts.
What's the relevance?
9
10
Based on all of this, I would then -- I
10
11
would collect funds, based on all of this. And
11
12
each commander, according to my Commander 40's
12
orders, was supposed to be autonomous with his men.
13
13
14
15
Q In your front's op- -- in your front's
Spanish.)
14
JUDGE DEL VILLAR DELGADO: Answer the

question, Witness.
THE DEPONENT: No, no, no. Not me, no.
I lost my fear a long time ago.
operations in Cesar, did you collect any funds or
15
16
receive any assistance from the Drummond Company?
16
17
17
MS. CHAMPION: Counsel, time.
18
JUDGE DEL VILLAR DELGADO: Proceed.
18
MR. COLLINGSWORTH: I've got one minute.
19
MS. CHAMPION: Your Honor, obviously
19
20
Drummond has nothing to do with this case. It's a
20
of these matters. I've done it because of the
21
separate company, not a defendant here, nothing to
21
Colombian state, because of the military forces and
22
do with this case. This question is irrelevant.
22
the political classes. That's the real mafia.
Q Have you taken any security measures for

your family that's outside of the prison?
THE DEPONENT: Yes. Yes, but not because
Page 34
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2
3
Page 36
1
2
question, Counselor.
MR. COLLINGSWORTH: Your Honor, if I may,
MR. COLLINGSWORTH: Thank you very much.

(Jesus Rivera assumes the role of lead interpreter
and Yvette Citizen assumes the
one of our theories is that other companies --
Chiquita has pled guilty in U.S. court for
supporting the AUC. And Dole denies it. One of
our theories is that every company paid.
And so if I could confirm that the
I'm going to ask you some questions now. I
represent Dole Food in this case.
8
9
Drummond Company -- another American company -- was
role of check interpreter.)

EXAMINATION
BY MS. CHAMPION:
Q Hello, Mr. Guevara -- hello, Mr. Guevara,
10
supporting the AUC, it supports my theory that it's
10
11
impossible that Dole did not pay.
11
going to ask the other interpreter if he wants to
MS. CHAMPION: That's ridiculous.
12
switch seats.
13
LEAD INTERPRETER: No, no.
14
THE DEPONENT: I will assist you.
12
13
14
15
16
17
18
19
20
21
22
question and formulate it in such that -(Lead interpreter and judge converse in Spanish.)
15
CHECK INTERPRETER: The interpreter is
BY MS. CHAMPION:
16
Q Can you tell me what GAULA was?
17
A (Speaking Spanish.)
18
Q What does it stand for?
19
MR. SHORT: Wait.
20
MS. CHAMPION: Oh, sorry.
your testimony, and I think you've been very honest
21
THE DEPONENT: GAULA is -- it's the
with me, and I want to thank you.
22
unified action group for liberating personnel. It
JUDGE DEL VILLAR DELGADO: That it has to

do with Dole -- in what pertains Dole.
MR. COLLINGSWORTH: I'll ask a different
question.
Q Mr. Guevara, just today, I appreciate
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1/27/2016
is an anti-kidnapping unit.
BY MS. CHAMPION:
Q To join the AUC?
Q Is it an acronym?
A No. I had already been a member for many
A Yes, GAULA incorporates that name.
Q Can you tell me what the letters stand
for?
military forces.
years prior.
Q Can you tell me the date in which you
consider yourself to have joined the AUC?
A (Speaking Spanish.)
A In September of 1988.
Q Okay. Thank you --
Q The AUC killed many people also, did it
A It's the unified action group for
9
10
11
12
13
14
15
10
liberating personnel.
Q So when you were a member of GAULA, your
11
12
commander was Mario Montoya?

13
14
Spanish.)
A Well, he was the division commander, and
15
not?
A Yes, yes.
Q And was Jorge 40 your commander the whole
time that you were in the AUC?
A Yes, of course, from the moment I joined.
Q And isn't it accurate that Jorge 40 has
admitted responsibility for dozens of murders?
16
the GAULA belonged to the division. And that
16
A Yes, I believe so. I believe he has
17
commander was Major Edgar Ivan Quinones Calderon --
17
admitted to many cases as a perpetrator --
18
LEAD INTERPRETER: Excuse me.
18
LEAD INTERPRETER: Strike that.
19
THE DEPONENT: -- Cardenas.
19
THE DEPONENT: -- as an author.
20
21
22
20
BY MS. CHAMPION:
Q And when you were in GAULA, you carried
21
22
out assassinations; is that correct?
BY MS. CHAMPION:
Q And you testified earlier that you still
consider yourself a member of the AUC, even to this
Page 38
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2
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4
5
6
7
8
9
10
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12
13
14
15
16
17
18
19
20
21
22
A Yes, that's correct.

Q How many people would you say you killed
while you were in GAULA?
A Personally, myself, I killed six, seven,
at that time. I don't recall exactly, but it was
more than six -LEAD INTERPRETER: Or, excuse me.
THE DEPONENT: -- it was not more than
six.
BY MS. CHAMPION:
Q And were other assassinations carried out
at your direction?
A No. I would execute those personally,
those were executions I carried out personally.
Q And you carried out those assassinations
because you were directed to do so by your military
superiors; is that correct?
A Yes, that's correct.
Q And so when you left GAULA to join the
AUC, you did so voluntarily, you testified earlier;
is that correct?
A Yes. I retired voluntarily from the
Page 40
1
2
day?
A No, not a member of the AUC, because it
no longer exists. I consider myself a friend of my
commander, Jorge 40.
Q And the forces that you commanded while
you were in the AUC, I believe you said it was a
few hundred men -- 600 men; is that correct?
A Yes, approximately 600 men.
Q And the area in which that force
10
operated -- I just want to be clear -- you said
11
Guajira, Cesar, anywhere else?
12
13
A No. It was northern Cesar and southern

Guajira -- La Guajira.
14
Q Thank you. And those are provinces; is
15
that correct, or departments, as you may call them
16
here?
17
A Well, no, I operated in northern Cesar,
18
that is a department. And I also operated in
19
southern La Guajira, another department. And those
20
two areas were joined, and that's where I operated.
21
22
Q I understand. Magdalena is a separate

department; is that correct?
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1/27/2016
A Yes, that's a different department.
Q Did you personally make an agreement with
anyone in Magdalena to provide support to the AUC?
A Could you please repeat the question?
Q I'll make it a little more specific.
Did you personally make any agreement
with any farmer, rancher, grower, in Magdalena to
provide monetary support for the AUC?
A No. When I was in Magdalena, I was not

openly from the AUC. I was in the AUC, but I was
10
11
from GAULA.
11
12
Q And you were there until 2004, when you

went to Washington, D.C.?
A Yes. In 2004, when I retired from GAULA
and I continued with the AUC.
Q So you never commanded AUC forces in
Magdalena; is that correct?
A Yes. In other areas of Magdalena, yes,
like in Pibijay, in Remolino --
10
LEAD INTERPRETER: Interpreter needs to

inquire.
Q So the answer to my question is: "No"?
12
13
A "No," that's correct.
13
14
Q Thank you.
14
part of zona bananera, no.
15
BY MS. CHAMPION:
15
16
17
And were you ever responsible for

collecting money for the AUC in Magdalena?
A No. I understand that -- well, I don't
16
Spanish.)
THE DEPONENT: -- but not in the northern
Q Okay. And what were the time periods in
17
which you commanded AUC forces outside the banana

zone in Magdalena?
18
know if in Magdalena it was different, but in Cesar
18
19
those monies were collected by my commander,
19
A In '98 and '99, when I was with GAULA
Jorge 40.
20
from the Atlantico province, I would go and direct
21
AUC forces in that area.
20
21
22
Q And have you seen -- are you in

possession of any documents that reflect any
22
Q But you never commanded AUC forces in the
Page 42
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7
8
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12
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14
15
16
17
18
19
20
21
22
payments received by the AUC from anyone in

Magdalena?
A No. No, that doesn't exist.
Q I wanted to clarify something that you
said earlier as well, which is: Where you were in
2- -- the year 2000, you said departmiento de
Pichar the Pichar department or something?
What was that? I didn't catch it.
A Bichada, Bichada. Bichada.
MR. PERILLO: With a D, "Bichada."
THE DEPONENT: Yes. It's in the -- it's
in the eastern area, in the south.
MR. PERILLO: It's right there
(indicating).
MS. CHAMPION: Okay. Thank you. I see
it now.
Q It's in the far east of the country,
nowhere near the coast; is that correct?
A Correct.
Q And so the time period that you were in
Magdalena began in 2002; is that correct?
A That's correct.
Page 44
1
banana zone when you were with GAULA or afterwards;
is that correct?
3
4
A No. Being in charge of the AUC -- AUC

forces in zona bananera, I never did that.
Q You testified about how you collected
money for your troops in Cesar and Guajira. You
said that you got money from contracts.
8
9
10
What did you mean by that?

A It was contracts carried out by the
state, contracts executed by the state.
11
Q Public contracts; is that accurate?
12
A Yes, with hospitals or municipalities,
13
municipal governments, or -- or government --
14
governments.
15
Q Are you aware that Carlos Tijeras, also
16
known as Jose Gregorio Mangones Lugo -- did I get
17
that right -- has provided a declaration in this
18
case?
19
20
21
22
A No. I don't know what Jose Gregorio may

have said.
Q Mr. Mangones said that when he arrived in
Magdalena, there was a lot of FARC there.
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1/27/2016
Is that accurate to your knowledge?
Q Conspiracy to commit what crime?
MR. COLLINGSWORTH: Permission to object.
A For belonging to the AUC.
Q And going back to the theft charges, you
Spanish.)
5
6
7
8
9
10
11
12
MR. COLLINGSWORTH: I -- I -- I withdraw,

sorry.
THE DEPONENT: Yes, that's correct.
BY MS. CHAMPION:
Q And so at that time the AUC did not, in
A No, no, no. For -- for the theft there
was -- there was one, one case. A taxicab was
stolen, stolen by people that were under my --
under my command. And so I acknowledge that based
10
correct?
11
12
13
there was no full control. There was partial
13
14
control.
14
15
16
17
18
19
20
21
22
15
Q Now, you testified that you stopped
16
committing crimes in 2006 or '7.

What year was it?
A No, in 2006 -- in March of 2006, when the
Q And you've been convicted of multiple
Do you have any other pending criminal

charges?
A Yes. All the false positives that the
state has not yet investigated.
Q Anything else?
A No, I don't believe there's any more.
20
22
A Yes -- already, yes.
Q So you said you have about 60 pending

murder charges.
18
21
crimes; is that correct?
on the chain of command.
17
19
demobilization took place.
Are there more than six, less than six?
fact, have control of all of Magdalena; is that

A No. No, that was not -- there was no --
said you didn't know how many.
Q And I believe you've also been convicted

of illicit recruitment; is that correct?
A Yes, that's correct, for not having asked
the -- the illegals for their identification
Page 46
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8
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22
Q Including several homicides?

A Yes.
Q At least -- how many homicides?
At least five?
A You mean convictions or pending -convictions pending?
Q Let's cover the convictions first.
A For the convictions, I think it's three
or four, something like that.
Q And you still have pending murder
charges; is that correct?
A Yes. They're -- they're pending my
acknowledgment.
Q How many?
A Around 60, more or less.
Q Wow. You've also been convicted of
theft; is that correct?
A Yes, for that -- for that as well, theft.
Q How many counts?
A I don't have a number for that.
Q And you've been convicted of conspiracy?
A Conspiracy to commit a crime.
Page 48
1
2
3
4
number.
Q Who are you referring to when you say
"illegals"?
A Yes, when I arrived there, the -- the
bloc -- the front was already set up. And
according to -- to the law, I should have asked the
members for their identification number, to see who
was a minor or who was of age. That's why I was
convicted.
10
Q Did you say the bloc was already set up?
11
A The front. I was a front commander.
12
Q The AUC front?
13
A Yes, the front in the -- and the AUC.
14
Q And the front, of which you were a
15
member, was called the Martyrs of Valledupar.
16
Correct?
17
A Yes, I was a commander of the front.
18
Q Oh, it's Valledupar?
19
A Yes. It was La Paz, El Molino,
20
Las Aguas, San Diego, Urumita, Manaure, Villanueva,
21
all the way down to San Juan, El Batallon Rendon
22
and down to there.
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1/27/2016
Then that was -- that was the area of
south of northern Cesar and southern La Guijara,
briefly, Your Honor. Counsel -- I'm a little
which I commanded. And Valledupar includes those
surprised by that objection, only because Counsel
30 districts -- 30 districts.
has admitted that the witnesses in this case, as
well as in the Chiquita, case overlap completely;
therefore, their discussions or negotiations with
4
5
6
Q Okay. Thank you. Is it also known as

the Martyrs of Cesar for short?
MS. CHAMPION: I would like to respond
A It's Martyrs of the -- of Valledupar.
witnesses in the Chiquita case cannot be separated
Q You know Ivan Otero; is that correct?
from the ones in this case; in addition, with
A Yes.
respect to the Drummond case, there is also overlap
9
10
11
12
13
14
15
16
How do you know him?
12
services for some guys who were part of the
13
organization.
14
Q Did he provide services to

paramillitaries before the demobilization?
LEAD INTERPRETER: I need to inquire.
19
Spanish.)
20
of witnesses.
11
A No. He provided services, he provided
17
18
10
Q Is he your attorney?
THE DEPONENT: Yes, yes, yes. He
JUDGE DEL VILLAR DELGADO: Defining

"overlap."
(Lead interpreter and judge converse in Spanish.)
MR. COLLINGSWORTH: Your Honor, counsel
15
can't have it both ways. If she wants to ask him
16
about Drummond, then I should be able to ask him
17
about Drummond.
18
JUDGE DEL VILLAR DELGADO: I will not
19
allow the question, because it's -- we said it
20
earlier, we're going to limit ourselves to the Dole

case, as well as it what was stated to me in the
letter rogatory.
21
provided services to some of the guys in the
21
22
organization who -- who fell off, who were taken or
22
Page 50
Page 52
were captured, you know, doing jobs.
BY MS. CHAMPION:
I should at least be able to ask about Chiquita.
They've admitted that their witnesses are exactly
the same in both cases.
3
4
5
6
7
8
9
Q Were captured by the authorities before

the demobilization; is that correct?
MS. CHAMPION: Your Honor, I -- I believe
A Yes, yes, yes, that.
Q Do you know how far back that activity
negotiations with him with respect to the Chiquita
case, there's no distinction between this case and
that case with respect to a payment to a witness or
a negotiation with a witness.
goes?
A From what I know -- from what I'm aware
of, up to the demobilization.
And if they paid him or made any
10
Q Did the AUC pay his fees?
10
11
A Well, I would pay them to him. I would
11
occasion counsel for the plaintiffs asked about
12
Drummond, something like that.
12
13
14
15
16
17
pay them to him when it involved my people.

Q Do you know whether other AUC commanders
also paid him for work involving their men?
A No, no, no. Every commander was
13
Q Have you ever met with him to talk about
And on that occasion, I did not allow the
14
question from the counsel because it did not
15
pertain to the Dole case.
16
autonomous regarding what he did.
JUDGE DEL VILLAR DELGADO: On a previous
So in -- in this occasion we're also
17
going to focus on the Dole case. So continue with

your examination.
18
providing testimony for this case or any other case
18
19
in the U.S.?
19
MS. CHAMPION: Respectfully, Your Honor,
20
whether Chiquita made a payment and whether Dole
objected to my efforts to talk about other cases,
21
made a payment are completely separate issues.
the question should be restricted to the Dole case.
22
20
21
22
MR. COLLINGSWORTH: As counsel has
Whether they paid a witness to provide
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1/27/2016
testimony regarding Chiquita and Dole, as all of
their declarations that they've gathered from AUC
witnesses do, those are obviously related. It's
not apples -- it's not apples to apples, it's
apples and oranges.
record. The time is 11:29 a.m. This marks the
beginning of Video 2, Volume I. You may continue.

BY MS. CHAMPION:
JUDGE DEL VILLAR DELGADO: And I
insist -- I insist. In the letter with the
commission that was entrusted to me, it states that
the matters to be discussed have to do with Dole.
10
In this case, for this witness Guevara Cantillo, he
10
11
was being asked about the murders of the plaintiffs
11
12
suing Dole.
12
13
14
record. The time is 11:20 a.m.

This'll be the end of Video 1, Volume I.
(Brief recess taken.)
THE VIDEOGRAPHER: We're back on the
Q Have you been offered any money by

Mr. Collingsworth?
A Excuse me, can you please repeat the
question?
Q Sure. Has Mr. Collingsworth, the
MS. CHAMPION: Your Honor --
13
gentleman sitting here (indicating), offered you
JUDGE DEL VILLAR DELGADO: Excuse me.
14
any money?
And so, therefore, that is outside the authority
15
16
and the request that was made to me by the letter
16
17
of rogatory.
17
before.
18
BY MS. CHAMPION:
15
18
So we're going to discipline and control
19
the examination and focus on this subject matter of
19
20
Dole. Because anything else is outside my sphere
20
21
of authorization and outside of what is being
21
22
requested in the letter rogatory.
22
MR. COLLINGSWORTH: (Gesturing.)

THE DEPONENT: No, I've never seen him
Q Are you aware of him offering money to

any other former paramilitaries?
A No, no.
I could not state something like that.
Page 54
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MS. CHAMPION: I would just like to
Page 56
1
Q Has Mr. Otero offered you any money?
maintain this objection for resolution by the court
in California, Your Honor. Because that court has
already ruled that payments to AUC witnesses in all
of these cases need to be -- we are entitled to
discovery regarding them, whether they're to
Drummond witnesses or Chiquita witnesses, precisely
question.
because of this overlap.
BY MS. CHAMPION:
I'm also holding their discovery

Spanish.)
MR. COLLINGSWORTH: Objection, the
question is vague, he -- for what purpose?
Q Has Mr. Otero offered you any money in
10
responses. The plaintiffs own discovery response
10
11
in this case says, "Any response as to the Chiquita
11
12
litigation is identical to this response as to the
12
jail -- to the jail four or five days ago. But I
13
Dole litigation."
13
did not meet with him.
connection with providing testimony?

A Mr. Otero visited me -- well, he went to
And this is a question about any meetings
14
15
with witnesses for this case. And they say right
15
had a very high fever. But he sent word with a guy
16
there that it's identical. So I will just maintain
16
who works for me regarding the purpose of his
the objection.
17
visit.
14
17
18
But if Your Honor would like me to
18
19
restrict my question, I can do that. I understand
19
20
also that we're out of videotape, so we need to
20
21
take a short break.
21
22
THE VIDEOGRAPHER: We're going off the
I am ill currently, have cancer, and I
And regarding my collaboration with the

matter that I have pending -LEAD INTERPRETER: Excuse me.
22
Page 55
Spanish.)
Page 57
Pages 54 to 57
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1/27/2016
MS. CHAMPION: Declaration.
THE DEPONENT: -- regarding a declaration
A No. What I want to tell you is that no
tell me whether anyone has told you that?
in the matter that I have pending. And I told him
one has told me if he has been offered money or
that I didn't, that I was not, because fortunately
not. I am speaking about what happened to me, what
at this moment I didn't need any money.
I can show that has happened to me.
BY MS. CHAMPION:
6
7
8
9
10
11
12
13
14
15
Q So he offered to pay you for a

declaration; is that correct?
A Yes, of course.
Q Such as who?
10
Spanish.)
MR. COLLINGSWORTH: Objection, that
11
12
misstates his testimony.

JUDGE DEL VILLAR DELGADO: Answer the
THE DEPONENT: Yes. Yes, he was offering
15
16
to me. But I told him I didn't need the money.
16
17
BY MS. CHAMPION:
17
18
Q Did he ask you to say that -- did he tell
A Isn't Canoso in the list of witnesses in

this case?
Q Do you know his real name?
13
14
question.
Q Are you familiar with any witnesses that

have provided declarations related to this case?
Yes, I do believe he is a witness in this

case.
A Gelvez Al Barracin is the last name -- Al
Barracin. Yes.
18
Spanish.)
BY MS. CHAMPION:
19
you that he wanted the declaration to say something
19
20
specific?
20
Q Do you know whether he was offered any
21
benefits in connection with providing testimony?
22
A No. But what I do know, that he is a --
21
22
A Yes. What he -- the message -- the

message that he conveyed was to help him, to help
Page 58
1
Page 60
1
he lies all the way from here to China. What I do
Q In this case?
know, that he was -- that he never was -- he was
A Yes. Yes, in this case.
never a member of --
Q Are you aware of him making a similar
5
6
7
8
9
10
11
12
13
14
him in this case.
offer to any other witnesses?
A No. I cannot state that, I only state

what I can prove.
Q Has anyone ever told you that he made
anything to do with the AUC -- he had nothing to do
with the AUC.
such an offer to them?

MR. COLLINGSWORTH: Objection, calls for
Spanish.)
A -- he was never -- nor did he have
10
Spanish.)
11
hearsay.
JUDGE DEL VILLAR DELGADO: The witness
12
LEAD INTERPRETER: I need to -(Lead interpreter and deponent converse in
13
may answer.
THE DEPONENT: No, no. Because I imagine
Spanish.)
14
THE DEPONENT: Yes, he's a -- he's like a
15
that everybody's looking for his own best interests
15
stooge. He's like a -- he's like a -- he's
16
and they're not going to tell you about it, much
16
easily -- somebody who's easily handled, like a
17
less when people are needing money.
17
stooge.
18
BY MS. CHAMPION:
18
BY MS. CHAMPION:
19
19
Q I'm confused by your answer.
20
Are you telling me that you haven't --
20
21
that no one has ever told you that Mr. Otero made
21
such an offer to them or that you don't want to
22
22
Q Easily manipulated; is that what you

mean?
A Yes, he's manipulated. And as I say, he
never had any position, nor did he have any
Page 59
Page 61
Pages 58 to 61
202-232-0646

1/27/2016
1
2
3
Q So based on your knowledge of him, you
Q Cinco Siete, 57, or Virgilio?
believe that someone could influence his testimony?
A Yes, Virgilio. I know him by Virgilio.

MR. COLLINGSWORTH: Objection, misstates
9
10
11
12
JUDGE DEL VILLAR DELGADO: That's
14
16
Q The question is based on your knowledge

of him.
Do you believe that someone could
influence his testimony?
18
A No, I'm not aware.

Q Are you aware that Mr. Mangones has
provided testimony in this case?
Q Are you aware whether he was promised any
benefits for providing testimony in this case?
12
A Talking about Jose Gregorio?
13
Q Yes, Mr. Mangones.
14
A I would not be able to prove it.
15
Q But you suspect it?

MR. COLLINGSWORTH: Objection --
LEAD INTERPRETER: (Speaking Spanish.)
17
18
19
Spanish.)
20
11
Q And are you aware that he has provided

testimony in this case?
16
Spanish.)
17
19
10
BY MS. CHAMPION:
15
8
9
correct. Restate your question.
13
6
7
his testimony and is leading.
4
5
Spanish.)
6
7
alias.
4
5
responsibility, within the organization.
MR. COLLINGSWORTH: She's plainly asking
20
21
for his opinion, which Your Honor has said is not
21
22
appropriate.
22
Spanish.)
MR. COLLINGSWORTH: Objection, calls for
speculation. It's asking for his opinion.
question.
Page 62
1
2
JUDGE DEL VILLAR DELGADO: Withdraw the
Page 64
1
BY MS. CHAMPION:
question and continue with the ones that were
pending.
support that Mr. Mangones was offered benefits for
BY MS. CHAMPION:
providing testimony in this case?
Q I apologize. I forgot whether you
testified whether you were aware whether of
Mr. Gelvez Al Barracin was offered any benefits in
connection with providing testimony in this action?
8
9
10
11
12
13
14
15
Q Are you aware of any facts that would
A No. I mean, I don't have the means to

prove it.
CHECK INTERPRETER: "I wouldn't be able
to prove that."
THE CLERK: (Speaking Spanish.)

Spanish.)
LEAD INTERPRETER: What is the name
the means, to prove it.
11
BY MS. CHAMPION:
12
13
again?
THE DEPONENT: I wouldn't have the way,
10
MS. CHAMPION: Gelvez Al Barracin.
14
THE DEPONENT: Okay. It's not about what
15
Q Do you know whether Mr. Mangones knows

Mr. Otero also?
A Yes, he does know him.
Q Do you know if he's met with him about
16
I think. It's not about what I think, it's -- but
16
17
what I can prove. And what I can prove is that
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18
Gelvez Al Barracin is a liar.
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Q Do you know Jairo Alfonso Samper
19
BY MS. CHAMPION:
19
Cantillo, alias Lucho, or Juan David or Victor
20
Piroba or something like that?
20
21
22
Q Are you familiar with Edgar Ariel Cordoba
this case?
21
Trujillo?
A No, not by that name, but perhaps by his
22
Victor Piroba or something.

A Isn't he from Los Pipones? I think they
Page 63
Page 65
Pages 62 to 65
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1/27/2016
1
2
3
call him Los Pipones, something like that.

Q Yeah, I think that's correct.
So you know him?
or low ranking members. Because I doubt very much
that my Commander 40 would have sat down with them
alongside a representative of a multinational

company, for example --
A Yes. Yes, I know who they are.
Q Are you aware that he provided testimony
in this case?
Spanish.)
A No.
Q Are you aware whether he was provided any
of negotiation just such as the ones you were
talking about.
9
10
benefits for providing testimony in this case?

JUDGE DEL VILLAR DELGADO: Counsel,
10
THE DEPONENT: -- to undertake any kind
MS. CHAMPION: Thank you very much.
11
you're out of time, re -- answer the question and
11
12
then we'll be -- and then we're done.
12
will proceed, so counsel can continue with the
13
minutes -- 10 minutes until -- until 12:07, so that

he can finish with his time.
13
THE DEPONENT: No, I have no knowledge.
14
What -- what I wanted to tell you -- I mean, I
14
15
think I want to tell you about my experience that I
15
16
lived alongside my commander, Jorge 40 -- Jorge 40.
16
17
It's that matters of such importance, of
17
18
such relevance for the organization, would be dealt
18
19
with, with individuals with such little relevance
19
20
within the organization.
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22
MS. CHAMPION: Can I just ask for one

clarification, Your Honor, what he means by
21
22
JUDGE DEL VILLAR DELGADO: Okay. Now we
MR. COLLINGSWORTH: Gracias, Your Honor,

I will begin.
(Yvette Citizen assumes the role of lead
interpreter and Jesus Rivera assumes the role of
check interpreter.)
FURTHER EXAMINATION
Q Thank you. Yes. You testified that when
Page 66
1
Page 68
1
"matters of such relevance"?
It's not clear from his answer.
JUDGE DEL VILLAR DELGADO: Okay. We'll
do the following answer and then we'll yield to
opposing counsel.
MS. CHAMPION: Thank you, Your Honor.
THE DEPONENT: Yes, because I'm talking
7
8
about things that I lived through, regarding
companies -- relevant matters such as companies,
10
such as the multinational companies. Talking about
10
11
matters that I -- I experienced, that I lived,
11
12
alongside my commander, Jorge 40.
12
13
14
15
16
17
13
He was not going to deal about these
14
issues with people who -(Lead interpreter and deponent converse in
15
16
Spanish.)
THE DEPONENT: -- and the only two people
17
18
who we have mentioned in all these names that have
18
19
a certain degree of hierarchy or rank within the
19
20
organization is Jose Gregorio and myself.
20
21
22
21
And the rest that you have mentioned

them -- that you have mentioned have been patrolman
22
you -- before the demobilization, if some of your

guys got arrested, that Ivan Otero would represent
them; is that correct?
A Correct.
Q So if -- if I understand this, they were
charged with crimes by some public authority, and
he appeared in a court and defended them against
criminal charges; is that correct?
A Correct.
Q And you testified that five days ago Ivan
Otero came to the prison; is that correct?
A Correct. Five or maybe four days, I'm
not exactly sure.
Q Okay. And you never met with him,
because you were ill and not feeling well; correct?
A Correct.
Q Who is the person who brought you a
message that Otero wanted to meet with you?
A It's a person that provides security for
me.
Q Is it a public official or one of your
men who is a prisoner also?
Page 67
Page 69
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1/27/2016
1
2
3
A It's a trusted man from -- one of my

trusted men.
What did he say?
A Well, I'm thinking this because of what
Q Now, I don't -- I don't want to put words
was transmitted to me. For me to say things or
in your mouth, but he -- this trusted man, what did
state things that weren't so, against the Dole
he say to you about Ivan Otero wanting to meet you?
Company, to -- so that it would be favorable to him
in the process and he could win a lawsuit.
MS. CHAMPION: Permission to just put an
objection on the record for the California court,
which is just hearsay. It doesn't prevent him from
answering.
10
(Deponent converses with prison guard in Spanish.)
That's what he proposed to me.

Q Can you -- can you -- that -- that's a
very serious statement.
10
Can you tell me the words that he used
11
THE DEPONENT: It's not a problem. I
11
12
mean, that's what he said -- that I have -- I have
12
13
a picture of the conversation. I have a picture,
13
14
photograph of the conversation -- because it was
14
15
passed to me through a Blackberry -- a
15
16
Blackberry -- where it's detailed saying that I
16
17
should collaborate in a process that I have
17
18
pending. And he's asking me for -- it's explicit,
18
19
asking me for a response --
19
serious person too. And I'm not going to talk
20
about or do something that I cannot show or prove.
21
He went to offer this to me.
20
21
22
LEAD INTERPRETER: I think the

interpreter -CHECK INTERPRETER: "And since you are
then?
Honor.
Spanish.)
MS. CHAMPION: Counsel is testifying.
His characterization is not part of the question.
THE DEPONENT: No, no, no. I'm a very
22
And I'm going to state it even more
Page 70
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7
8
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16
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18
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20
21
22
asking me to be specific with my answer, I will do

so."
LEAD INTERPRETER: Okay.
THE DEPONENT: -- that if I collaborate
and everything goes well during the process, that
he will then have a certain collaboration with me.
That's the message that he sent to me
from the outside, that my trusted man that was
talking to him at that time -- he was translating
to me what he was telling him. And I answered that
I was not interested and that I was not going to
see him.
Q Was there any discussion in this message
about the substance of your testimony, what -- what
you were going to say?
A Yes. He was asking me to favor him in
the testimony.
Q What -- what do you mean by that?
A Well, I think that what he wanted to
do -- this is what I think what he wanted -Q No, not what you think.
Page 72
1
clearly for you, so you can see how serious this
is. He offered me money so that I could involve or
incriminate Dole in something that I cannot attest
to or that I cannot prove and nobody -- and, in
fact, nobody can prove.
It cannot be proven. Because my
commander, Commander 40, never -- never --- had any
type of meeting that dealt with matters regarding
his command with any front commander, and much less
10
so with people of lower ranks.
11
So -- so I will return and I will
12
continue to affirm that Mr. Otero went to ask for
13
my collaboration with -- went to offer me money --
14
15
Spanish.)
16
THE DEPONENT: -- in this -- in this
17
procedure, in the case that it would be a positive
18
results.
19
20
Q Was any figure offered?
21
22
Was there any specific number in the

message?
Page 71
Page 73
Pages 70 to 73
202-232-0646

1/27/2016
A No. No, there was not an amount.
Q And -- and was the purpose of the offer
made? Did he say what the money was for?
4
5

Honor.
6
7

Spanish.)
A Because you cannot be disloyal in life.

And if there was already an agreement within the
self-defense forces, it needed to be complied with.
JUDGE DEL VILLAR DELGADO: That is
14
15
Q What -- what agreement are you referring

to?
10
A An agreement that was made in a district
11
of Minca in Santa Marta, in the district of Minca
I'm going to just ask a couple questions about
12
in the Sierra Nevada of Santa Marta. And at that
something different.
13
point there was an agreement between the state and
14
the self-defense unit to eliminate the flagelo --
correct. Restate your question, Counselor.
11
13
Tijeras?
MS. CHAMPION: It's asked and answered.
12
Q Why did you refuse to kill Carlos
10
MR. COLLINGSWORTH: Okay. I'll restate

the question.
3
4
MR. COLLINGSWORTH: I'm -- I'm going --
Q Carlos Tijeras was a commander of a

front; correct?
15
MR. COLLINGSWORTH: "Scourge."

LEAD INTERPRETER: Okay.
THE DEPONENT: -- the scourge of the
16
A Correct.
16
17
Q And like -- like you testified about
17
18
yourself, do you know that he was responsible for
18
19
raising funds for the operation of his own front?
19
20
A That front, it is my understanding, was a
20
Pesca Milagrosa -LEAD INTERPRETER: Miraculous fishing

is --
21
lot smaller. And what he has told me is that he
21
THE DEPONENT: -- it was -- it was
22
needed support from a higher command when he was
22
basically kidnapping highway. So at that point the
Page 74
1
2
lacking or short on funds.

But like I stated at the beginning of
Page 76
1
zones were divided into Santa Marta and Bosconia in
that area. So one part was going to be controlled

by the state and the other part would be controlled
by the self-defense units.
this proceeding, subjects or delicate matters were
not dealt with directly by front commanders, but
directly by the commander of the Northern Bloc,
which was my commander, Commander 40. That was the
that time up to 2004, the statistics or the
way it was in my case, with my front. And I
kidnappings were reduced by about 70 percent.
believe it was the same with the others.
That's what was called democratic security. But it
was nothing else, it was just an agreement between
8
9
Q Do you have knowledge about whether
This can be proven. But after -- after
10
Carlos Tijeras was an effective commander in the
10
11
AUC?
11
MS. CHAMPION: Your Honor --
A Yes. Yes, he was a very good commander.
12
MR. COLLINGSWORTH: We're out of time.
Q And when you were asked to kill him, you
13
MS. CHAMPION: Oh, you've finished?
14
Your Honor, Dole Food would like to
12
13
14
15
16
refused?
Honor.
15
request a copy of this text message or e-mail that
16
Mr. Guevara described.
17
17
18
MS. CHAMPION: First, the -- the prior
18
19
20
21
22
the state and the paramilitary.
JUDGE DEL VILLAR DELGADO: What is it

that you're asking me for?
question asks for an opinion. This question has
19
MS. CHAMPION: He said he had a picture
been asked and answered. And we are out of time.
20
of something from a Blackberry, something related
21
to the offer from Mr. Otero.
JUDGE DEL VILLAR DELGADO: That is true,
22
the witness had already stated the --
Page 75
THE DEPONENT: Not a problem.
Page 77
Pages 74 to 77
202-232-0646

1/27/2016
1
2
3
4
5
6
7
8
9
JUDGE DEL VILLAR DELGADO: Okay. Okay.

I do not have the legal authority to order the
witness to deliver something in his possession.
MS. CHAMPION: But he could voluntarily
provide it, Your Honor; is that correct?
JUDGE DEL VILLAR DELGADO: Perfect, that
would be fine.
Adolfo Enrique Guevara Cantillo c/o
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue, 47th Floor
New York, New York 10166-0193
5
6
Case: Juana Perez 1A, et al. v. Dole Food Company, Inc., et al.
Date of deposition: January 27, 2016
Deponent: Adolfo Enrique Guevara Cantillo
So, Witness, if you would like to make

that available to her, that's fine. But this is
10
Please be advised that the transcript in the above
11
referenced matter is now complete and ready for signature.
10
not something that you would have to do by order of
12
The deponent may come to this office to sign the transcript,
11
this court.
13
a copy may be purchased for the witness to review and sign,
MS. CHAMPION: Thank you, Your Honor.
14
or the deponent and/or counsel may waive the option of
JUDGE DEL VILLAR DELGADO: There will be
15
signing. Please advise us of the option selected.
16
Please forward the errata sheet and the original signed
12
13
14
15
16
nothing else and nothing further.
signature page to counsel noticing the deposition, noting the
This proceeding is hereby concluded.
17
applicable time period allowed for such by the governing
THE VIDEOGRAPHER: We're off the record.
18
Rules of Procedure. If you have any questions, please do
17
The time is 12:08 p.m. This will end Video 2,
18
Volume I, in the deposition of Adolfo Enrique
19
Guevara Cantillo.
not hesitate to call our office at (202)-232-0646.

19
Sincerely,
20
20
(Signature having not been waived, the
Digital Evidence Group

Copyright 2016 Digital Evidence Group
21
video deposition session of ADOLFO ENRIQUE GUEVARA
21
Copying is forbidden, including electronically, absent
22
CANTILLO as concluded at 12:08 p.m.)
22
express written consent.
Page 78
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CERTIFICATE
(BARRANQUILLA)
(COLOMBIA)
I, Robert V. Short, Certified Shorthand
Reporter, do hereby certify that the aforementioned
witness was first duly sworn by Stephanie Leslie,
as noted by stipulation of counsel, to testify to
the truth; that I was authorized to and did report
said deposition in stenotype; and that the
foregoing pages are a true and correct
transcription of my shorthand notes of said
deposition.
I further certify that said deposition
was taken at the time and place hereinabove set
forth and that the taking of said deposition was
commenced and completed as hereinabove set out.
I further certify that I am not attorney
or counsel of any of the parties, nor am I a
relative or employee of any attorney or counsel of
any party connected with the action, nor am I
financially interested in the action.
The foregoing certification of this
transcript does not apply to any reproduction of
the same by any means unless under the direct
control and/or direction of the certifying
reporter.
IN WITNESS WHEREOF, I have hereunto set
my hand this 31st day of January, 2016.
Page 80
1
2
Digital Evidence Group, L.L.C.

1730 M Street, NW, Suite 812
(202) 232-0646
SIGNATURE PAGE
4
5
Witness Name: Adolfo Enrique Guevara Cantillo
Deposition Date: January 27, 2016
6
7
8
I do hereby acknowledge that I have read

and examined the foregoing pages
of the transcript of my deposition and that:
9
10
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12
13
14
(Check appropriate box):

( ) The same is a true, correct and
complete transcription of the answers given by
me to the questions therein recorded.
( ) Except for the changes noted in the
attached Errata Sheet, the same is a true,
correct and complete transcription of the
answers given by me to the questions therein
recorded.
15
16
17
_____________
DATE
_________________________
WITNESS SIGNATURE
_____________
DATE
__________________________
NOTARY
18
19
____________________________
ROBERT V. SHORT,
Certified Shorthand Reporter
20
21
22
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1/27/2016
Digital Evidence Group, LLC
1730 M Street, NW, Suite 812
(202)232-0646
5
6
7
ERRATA SHEET
Witness Name: Adolfo Enrique Guevara Cantillo
Deposition Date: January 27, 2016
Page No. Line No.
Change
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___________________________
Signature
_____________
Date
Page 82
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202-232-0646

Deposition of Adolfo Guevara in Dole Case

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Case 2:15-cv-00506-RDP Document 50-2 Filed 02/01/16 Page 1 of 23

Case 2:15-cv-00506-RDP Document 50-2 Filed 02/01/16 Page 2 of 23

Juana Perez 1A, et al. v. Dole Food Company, Inc., et al.

Adolfo Enrique Guevara Cantillo

SUPERIOR COURT, STATE OF CALIFORNIA

) Case No. BC412620

DOLE FOOD COMPANY, INC.,

--------------------------------------------------DIGITAL EVIDENCE GROUP

Digital Evidence Group C'rt 2016

Case 2:15-cv-00506-RDP Document 50-2 Filed 02/01/16 Page 3 of 23

Juana Perez 1A, et al. v. Dole Food Company, Inc., et al.

Deposition of ADOLFO ENRIQUE GUEVARA

CANTILLO, Testifying in his individual capacity,

held at the location of:

Adolfo Enrique Guevara Cantillo

JUDGE ALEX DEL VILLAR DELGADO

INES ZULETA HERNANDEZ, CLERK

Calle 40, No. 44-80

YVETTE CITIZEN, LEAD/CHECK SPANISH INTERPRETER

P-8 Edif. Centro Civico

JESUS RIVERA, LEAD/CHECK SPANISH INTERPRETER

DANIEL STROUD, LEGAL VIDEOGRAPHER

ROBERT V. SHORT, DEPOSITION OFFICER

STEPHANIE LESLIE, DEPOSITION OFFICER

Pursuant to Notice, before Robert V. Short, a

Certified Shorthand Reporter.

XIE JIANING, INTERNATIONAL RIGHTS ADVOCATES

GILMA YINETH BAEZA ACOSTA

ALMANZA BARRIOS MEDARDO, PRISON GUARD

EXAMINATION OF ADOLFO ENRIQUE GUEVARA

TERRENCE P. COLLINGSWORTH, ESQ

INTERNATIONAL RIGHTS ADVOCATES

1301 Connecticut Avenue NW, Suite 350

Washington, D.C. 20036

ON BEHALF OF DEFENDANT DOLE FOOD COMPANY, INC.:

ANDREA E. NEUMAN, ESQUIRE

ANNE CHAMPION, ESQUIRE

GIBSON, DUNN & CRUTCHER LLP

200 Park Avenue, 47th Floor

New York, New York 10166-0193

Digital Evidence Group C'rt 2016

Case 2:15-cv-00506-RDP Document 50-2 Filed 02/01/16 Page 4 of 23

Juana Perez 1A, et al. v. Dole Food Company, Inc., et al.

- - THE VIDEOGRAPHER: Good morning, ladies

Adolfo Enrique Guevara Cantillo

and gentlemen, we're on video record. The time is

9:33 a.m. Today's date is January 27th, 2016.

here and you have a moral and legal commitment

to -- for this declaration. It is a moral

This is Job No. 5914. My name is a

JUDGE DEL VILLAR DELGADO: And so you're

Daniel Stroud, I'm your video specialist. The

court reporter is Robert Short; in collaboration

But there are also legal implications.

with Digital Evidence Group, located at 1730 M

Because if you do not tell the truth, you could be

Street NW, Suite 812, Washington, D.C.,

subject to criminal sanctions for providing false

testimony, according to our penal code Article 442.

We are located today at Barranquillo

And according to the penal code -- the

Juzgados Courthouse in Colombia. This case is