Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 234, Junio 1984

1. 259. The Committee examined this case at its meeting in February 1983 and presented an interim report to the Governing Body. [See 222nd Report of the Committee, paras. 265 to 275, approved by the Governing Body at its 222nd Session (March 1983).] At its meeting of February-March 1984, after noting that the Government, despite various requests, had not yet sent all the information which it had been asked to provide, requested the Government to transmit this information as a matter of urgency. [See 233rd Report of the Committee, paras. 16 and 18.] The Government sent certain information in a communication dated 4 May 1984.
2. 260. The Ambassador of Colombia H.E. Héctor Charry Samper, made an oral statement to the Committee at its present meeting concerning Cases Nos. 1155, 1248 and 1252. [See paras. 623-638 and 273-283 respectively.] The Ambassador described the general situation in his country and the difficulties it was facing as a result, in particular, of terrorist and other criminal activities. He emphasised, however, his country's commitment to the democratic process and to freedom of association. The Ambassador provided information relating to the above cases which, in substance, confirmed the information already transmitted by the Government in written communications.
3. 261. Colombia has ratified the Freedom of Association and the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 262. The complainants had alleged that Agapito Chagüenda Zúñiga and Eliecer Tamayo Paladines, president and auditor respectively of the Peasant Federation of the Cauca (FCC), were murdered on the outskirts of Popayán (department of the Cauca) on 13 September 1982 after leaving the headquarters of the National Agrarian Federation of Colombia (FANAL) during the afternoon on a motorcycle. The complainants state that these trade union leaders were hit by several bullets in the head and were subsequently thrown into the Palacé river. The complainants added that everything suggested that these assassinations were part of a persecution campaign against the peasant trade union organisations and pointed out that, a few weeks previously, members of the armed forces of Colombia arbitrarily arrested Alejandro Leónidas Jojoa and his brother Manuel, trade union members of FANAL, who for 33 hours were subjected to various interrogations concerning the leaders and activities of FANAL.
2. 263. The Government stated that the Colombian authorities deplored and repudiated the violent death of the trade union leaders Agapito Chagüenda and Eliecer Tamayo, a crime which the President of the Republic also censured when he requested in particular the National Agrarian Confederation to provide the greatest possible collaboration in the investigation being held into the events with a view to imposing the corresponding legal sanctions on those responsible. The Government added that the matter had been placed before the 15th Circuit Criminal Court and that, on the basis of the preliminary investigation carried out by the national police, it appeared that the trade union leaders concerned had been threatened by the subversive armed group "FARC" and that there was evidence to suggest the involvement of members of "FARC" in the homicide of Messrs. Chagüenda and Tamayo, since both the latter had on various occasions rejected requests for them to join this subversive movement. Moreover, according to the Government, "FARC" had claimed responsibility for the execution of the seven other peasants and Indians and had threatened those peasants who did not collaborate with the movement. Finally, the Government categorically rejected the suggestions that the military forces might be involved in the events to which the complainants refer.
3. 264. The Committee recommended the Governing Body to approve the following interim conclusions:
   • (a) The Committee is profoundly shocked at the assassination of the trade union leaders Agapito Chagüenda Zúñiga and Eliecer Tamayo Paladines. It deplores the fact that a situation in which such events take place exists and draws the attention of the Government to the fact that a climate of violence such as that in which these murders occurred is a very serious threat to the exercise of trade union rights and requests the Government to communicate the results of the criminal proceedings before the 15th Circuit Court taken against the guilty parties.
   • (b) The Committee regrets that the Government has not communicated information on the alleged arbitrary detention of two trade unionists for 33 hours and requests it to send this. It draws its attention to the fact the detention of trade union leaders and trade unionists on the grounds of carrying out trade union activities is contrary to the principles of freedom of association.

B. The Government's reply

1. 265. The Government states that in its communication of November 1982 it had repudiated the events which cost the lives of Messrs. Chagüendo and Tamayo and had indicated that in accordance with the information provided by the Chief of Police of the Department of the Cauca, an investigation was being carried out by the 15th Circuit Criminal Court.
2. 266. The Government also states that the deaths of Messrs. Chagüendo and Tamayo did not occur during the exercise of their trade union functions nor could thus be attributed to the authorities of the country or even tolerated by the latter, but that on the contrary such deplorable crimes were a challenge to the democratic legality of Colombia. There is no evidence to suggest anything to the contrary. The Government points out that the competent judges decided not to close the indictment proceedings since no arrests had been made. However, the involvement of the self-styled Revolutionary Armed Forces of Colombia (FARC) guerrilla group, which has been carrying out subversive activities in this area combining classic guerrilla warfare with acts of terrorism, including acts carried out in collaboration with drug traffickers, has been established. This clearly shows that the deaths of the above-mentioned persons, which the Government deplores and condemns, were not the result of repressive action by the Government or the authorities. Neither did they occur as a result of the exercise of their trade union activities. The deaths were an obscure criminal act perpetrated during a disturbance of the public order which has led to a repugnant and dangerous association between guerrilla fighters and drug traffickers and constitutes a flagrant challenge to the state of law and democracy in Colombia.
3. 267. The Government adds that this situation is costing the country the loss of innocent lives, including those of soldiers of the Republic, police agents, judges and even that of the Minister of Justice himself, Rodrigo Lara Bonilla, who courageously and with full respect of the law launched a valiant campaign against the underworld which sometimes dishonestly avails itself of alleged political causes, whereas it is a matter of public knowledge that all the paths to freedom are open in Colombia.
4. 268. With regard to the arrest of two Indian trade unionists, the Jojoa brothers, the Government states that this did not occur as a result of their trade union activities or the exercise of their functions as agrarian leaders, but that they were provisionally detained for only a few hours as part of a preventive identity check in the region affected by the guerrilla and terrorist violence. All the persons detained as a result of this preventive control action (which is, moreover, a common and legal practice in the most civilised countries) carried out in a situation of emergency have now been released. The Jojoa brothers were kept in detention for only a few hours and when they proved their identity, they were unconditionally released. They are now free and continue to exercise their trade union activities with the full protection of the law.

C. The Committee's conclusions

1. 269. The Committee notes the information provided by the Government regarding the murder of the trade union leaders Agapito Chagüenda and Eliecer Tamayo Paladines. The Committee notes in particular that the competent judges of the 15th Circuit Criminal Court have decided not to close the indictment proceedings since no arrests have been made, although the involvement of the Revolutionary Armed Forces of Colombia (FARC) guerrilla group has been established. The Committee observes that the Government states that the deaths of these persons were not the result of repressive action by the authorities or the exercise of their trade union activities, but that they constituted an unclear criminal act perpetrated during a disturbance of the public order which has led to a repugnant and dangerous association between guerilla fighters and drug traffickers.
2. 270. In this respect the Committee must point out that the murder of these two trade union leaders of the Peasant Federation of the Cauca (FCC) occurred on 13 September 1982. Consequently, the Committee expresses the hope that the judicial inquiry now under way will shortly be concluded and that it will serve to elucidate the facts in full, determine responsibilities and punish the guilty parties. The Committee requests the Government to keep it informed of developments in the inquiry and draws its attention to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. [See for example, 223rd Report, Case No. 1233 (El Salvador), para. 682.]
3. 271. With regard to the alleged detention of the trade unionists Alejandro Leónidas Jojoa and Manuel Jojoa for 33 hours, the Committee notes that these persons were detained for only a few hours and were subsequently released when they proved their identity and that their arrest was not the result of their trade union activities but part of a preventive identity check carried out in the region affected by guerrilla and terrorist violence.