Rapport intérimaire - Rapport No. 333, Mars 2004

1. 388. The Committee last examined this case at its May-June 2003 meeting [see 331st Report, paras. 212-254]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 28 May, 2 June, 15 July and 4 August 2003; the World Federation of Trade Unions in communications dated 16 May, 5 September, 21 November and 2 December 2003; ASODEFENSA in communications dated 20 June and 28 October 2003; the Public Servants International joined the complaints submitted by ASODEFENSA in a communication dated 30 June 2003; The National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA) submitted complaints in a communication dated 12 August 2003; the Single Confederation of Workers of Colombia in a communication of 19 September 2003 and the Colombian Teachers’ Federation (FECODE) in a communication dated October 2003.
2. 389. The Government sent its observations in communications dated 2 and 28 July, 11 August, 8 and 24 September, 17 November and 4 December 2003.
3. 390. Colombia has ratified the Freedom of Association and Protection of 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. 391. At its May-June 2003 meeting, the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and acts of anti-union discrimination [see 331st Report, para. 254]:
2. (a) Noting the comprehensiveness of the Government’s report and taking into consideration the extreme gravity of the situation, the Committee regrets to observe that since the last examination of the case, 84 assassinations (in 11 of which the victims were trade union members and the facts related to 2003 and in 73 the victims were trade union officials and members and the facts related to 2002 and the preceding years), seven detentions and seven threats, have been denounced. The Committee recalls 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.
3. (b) The Committee urges once again the Government to take immediate measures to institute investigations into all the alleged acts of violence and make significant progress on these investigations. The Committee reiterates once more its request to the Government to continue sending its observations on the progress made in the investigations already begun on which the Government has reported (Appendix II) and to take measures to ensure that investigations begin without delay into other murders, abductions, disappearances, attempted murders and threats referred to in Appendix I (acts of violence against trade union officials or members up to the Committee’s meetings of November 2002 for which the Government has not sent its observations or has not reported the initiation of investigations or judicial procedures) as well as those referred to in the section on “new allegations” in this report (with respect to the latter, the Government has not sent any information on only a few of the new allegations).
4. (c) The Committee encourages the parties to cooperate fully and directly so that the Government may rapidly transmit detailed and comprehensive replies to the Committee. The Committee recalls the complainants’ duty to collaborate with the Government in order to provide the maximum amount of precisions possible in all cases where this is requested. Nevertheless, the Committee underlines that the complainants have communicated substantial information on many of the 51 allegations (on which the Government does not have enough precisions) and with renewed efforts from the Government it should be possible in any case to report whether investigations were instituted and in which stage they are.
5. (d) The Committee requests once again the Government to take the necessary measures to put an end to the intolerable situation of impunity and punish effectively all those responsible.
6. (e) With respect to the trade union status of 25 victims objected to by the Government, the Committee requests the complainant organizations to provide the information necessary to clarify this question.
7. (f) The Committee also requests the Government to continue and increase the protection of all trade unionists who are at risk and to continue keeping it informed on the evolution of the protection programme and the “Working Plan of the Inter-Institutional Committee for the Prevention of Violations and the Protection of Workers’ Human Rights” to which it had referred at the last examination of this case.
8. (g) The Committee once again recalls that it would be advisable to deal specifically with situations in which violence against trade union members is very intensive – for example in the sectors including education, the petroleum industry, the health services as well as municipal and departmental administrations. Such information should also refer to regions where acts of violence occur most frequently, such as the departments of Valle del Cauca and Antioquia and the municipality of Barrancabermeja, especially in the Empresa de Petróleo de Colombia and the Empresa de Gas de Barrancabermeja.
9. (h) With respect to allegations of threats, assaults, murder of trade union officials, the detention of four officials, the refusal to provide protection to one official, presented by the ICFTU on 3 February 2003, the Committee requests the Government to continue keeping it informed on the evolution of these investigations.
10. (i) With respect to the non-compliance with the agreement concluded on 29 January 2002 between the Government, the workers of the Cali Municipal Enterprises (EMCALI) and the community of Cali, through which it had been established that the enterprises would not be privatized, the Committee requests the Government to send its observations in this respect.
11. B. New allegations
12. 392. The complainant organizations present the following allegations:
13. Murders
14. (1) Jamil Mosquera Cuestas, member of the Antioquia Teachers’ Association (ADIDA), on 11 January 2003, in Antioquia;
15. (2) Luis Hernando Caiceda, member of the Arauca Teachers’ Association (ASEDAR), on 23 January 2003 in the municipality of Yumbo, Department of Valle del Cauca;
16. (3) Luis Antonio Romo Rada, member of the Ciénaga Fishermen’s Union, on 8 February 2003, in Ciénaga, Santa Marta;
17. (4) Bertha Nelly Awazacko Reyes, member of the Boyacá Teachers’ Union (SINDIMAESTROS), on 24 February 2003, in Tunja, Boyacá;
18. (5) Alejandro Torres, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), on 20 March 2003, in Arauquita, Department of Arauca;
19. (6) José Rubiel Betancourt Ospina, member of Caldas United Teachers’ Union (EDUCAL), on 26 March 2003, in Samana, Department of Caldas;
20. (7) Cecilia Salas, member of the Valle Department Workers’ Union, on 7 April 2003, in Buenaventura, Department of Valle;
21. (8) Evelio Germán Salcedo Taticuan, official of the Nariño Teachers’ Union (FECODE), on 7 April 2003;
22. (9) Luz Stella Calderón Raigoza, member of EDUCAL, on 8 April 2003, in Samana, Department of Caldas;
23. (10) Tito Livio Ordóñez, member of the Union of the Workers of the National University of Colombia, on 16 April 2003, in Cocomá, Antioquia;
24. (11) Luz Elena Zapata Cifuentes, on 25 April 2003, member of EDUCAL in Ansema, Caldas;
25. (12) Ana Cecilia Duque, on 26 April 2003, member of the Antioquia Teachers’ Association, in Cocomá, Antioquia, by the ELN;
26. (13) Jorge Ruiz Sara, member of the Magdalena Teachers’ Union (EDUMAG, FECODE?CUT), on 29 April 2003, in Barranquilla, Department of North Santander, by paramilitaries;
27. (14) Juan de Jesús Gómez, president of the Mina branch of SINTRAINAGRO, on 1 May 2003, in San Alberto, Department of César, by paramilitaries;
28. (15) Ramiro Manuel Sandoval Mercado, member of the Córdoba Teachers’ Association (ADEMACOR), on 7 May 2003, in the municipality of Chima, Department of Córdoba;
29. (16) Omar Alexis Peña Cardona, member of the North Santander Teachers’ Association (ASINORT), on 7 May 2003, in Cúcuta, North Santander;
30. (17) Jorge Eliécer and Moreno Cardona, members of EDUCAL, on 8 May 2003, in Supia, Department of Caldas;
31. (18) Nelson López, Willmer Vergara and Jorge Vásquez, members of EMCALI, on 8 May 2003, at the Puerto Malarino Drinking Water Treatment Plant, in Cali, Valle del Cauca;
32. (19) Victoria Sterling and Héctor Jaimes, union membership not specified, on 11 May 2003, in Garzón, Department of Huila;
33. (20) Luis Oñate Enriquez, member of the Electricity Workers’ Union of Colombia (SINTRAELECOL), on 24 May 2003, in the Department of Atlántico;
34. (21) María Rebeca López Garcés, member of ADIDA, on 29 May 2003, in Uramita, Department of Antioquia;
35. (22) Nubia Cantor Jaimes, member of ANTHOC, on 3 June 2003, in Arauca, Department of Arauca;
36. (23) Jorge Eliécer Suárez Sierra, member of ASINORT, on 8 June 2003, in San José de Cúcuta, North Santander;
37. (24) Luis H. Rolón, member of the Lottery and Gaming Vendors Union, on 16 June 2003, in the Department of Cúcuta, North Santander, by paramilitaries;
38. (25) Morelly Guillén, member of ANTHOC, in the Department of Arauca, municipality of Tame, on 16 June 2003, by paramilitaries;
39. (26) Orlando Fernández Toro, Union of Public Service Workers and Employees (SINTRAEMSDES), on 17 June 2003, in Valledupar, Department of César, by paramilitaries;
40. (27) Liliana Caicedo Pérez, member of the Nariño Teachers’ Union (SIMANA), on 19 June 2003, in Ricaurte, Department of Nariño, by paramilitaries;
41. (28) Fanny Toro Rincón, member of ANTHOC, on 20 June 2003, in Ibagüé, Department of Tolima;
42. (29) Pedro Germán Florez, member of the Arauca Teachers’ Association, on 4 July 2003, in Saravena, Department of Arauca;
43. (30) Marco Tulio Díaz, president of the ECOPETROL National Pensioners’ Association (ASONAJUB), on 15 July 2003;
44. (31) José Evelio Bedoya Alvarez, member of the Construction Industry and Materials Workers’ Union (SUTIMAC), in the municipality of Santa Barbara, Department of Antioquia, on 15 July 2003;
45. (32) Alberto Márquez, member of SINTRAGRITOL, branch of FENSUAGRO, in the municipality of Nantagaima, Department of Tolima, on 15 July 2003;
46. (33) Carlos Barreto Jiménez, member of the Executive Board of ANTHOC, in Barranquilla, on 23 July 2003;
47. (34) Juan Carlos Ramírez Rey, Penitentiary and Prison Institute Employees’ Association (ASEINPEC), in Villavicencio, on 24 July 2003;
48. (35) Elena Jiménez, member of ANTHOC, on 9 August 2003, in Ocaña, Department of North Santander;
49. (36) Marleny Stella Toledo, member of ANTHOC, on 9 August 2003, in Puerto Rico, Department of Caquetá;
50. (37) Flor Marina Vargas, member of the Antioquia Teachers’ Association, on 19 August 2003, in the village of Pava in the municipality of Alejandría, Department of Antioquia;
51. (38) Cruz Freddy Buenaventura, member of the Cauca Teachers’ Association (ASOINCA), on 21 August 2003 in the Department of Cauca;
52. (39) César Augusto Fonseca, member of the Atlántico Department Farm Workers’ Union (SINTRAGRICOLAS), on 2 September 2003, in the municipality of Ponedera, Department of Atlántico;
53. (40) José Rafael Fonseca, member of SINTRAGRICOLAS, on 2 September 2003, in the municipality of Ponedera, Department of Atlántico;
54. (41) José Ramón Fonseca Morales, member of SINTRAGRICOLAS, on 2 September 2003, in the municipality of Ponedera, Department of Atlántico;
55. (42) Iván Muñiz Bermúdez, member of the Guajira Teachers’ Association (ASODEGUA), on 9 September 2003, in Guajira, Department of Rioacha;
56. (43) Renzo Vargas Vélez, member of the Tolima Teachers’ Association (SIMATOL), on 12 September 2003, in the municipality of Villarrica, Department of Tolima;
57. (44) Margot Londoño Medina, member of ADIDA, on 15 September 2003, in Envigado, Department of Antioquia;
58. (45) Dora Melba Rodríguez Urrego, member of SIMATOL, on 19 September 2003, in Ibagüé, Department of Tolima;
59. (46) Abel Ortega Medina, member of the Sucre Teachers’ Association (ADES), on 15 September 2003, in the municipality of Monroa, Department of Sucre;
60. (47) Nelly Herazo Rivera, member of ADES, on 15 September 2003, in the municipality of Monroa, Department of Sucre;
61. (48) Rito Hernández Porra, member of the National Union of Mining and Power Industry Workers (ACUEDUCTO), on 27 September 2003, in the municipality of Saravena, Department of Arauca;
62. (49) Luis Carlos Olarte Gaviria, member of the National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA), Segovia branch, on 3 October 2003, in the municipality of Segovia, Department of Antioquia;
63. (50) Pacheco Evero Fiholl, member of the Magdalena Teachers’ Association (EDUMAG-FECODE) in the municipality of Pueblo Viejo, Department of Magdalena, on 3 November 2003;
64. (51) Nubia Estela Castro, member of EDUMAG-FECODE in the municipality of Tenerife, Department of Magdalena, on 5 November 2003;
65. (52) Zuly Esther Codina Pérez, member of EDUMAG-FECODE in the municipality of Pueblo Viejo, Department of Magdalena, on 3 November 2003;
66. (53) Emerson Pinzón, activist in the Union of Health and Social Security Workers (SINDESS), Department of Magdalena, on 11 November 2003;
67. (54) Jorge Peña Moreno, member of EDUMAG-FECODE, on 11 November 2003, in Orihueca, Department of Magdalena;
68. (55) Zuly Esther Codina Pérez, national official of SINDESS, in Santa Marta, Department of Magdalena, on 12 November 2003;
69. (56) Mario Sierra Anaya, secretary of the Colombian Institute for Agrarian Reform (SINTRADIN-CUT), Arauca branch, in the municipality of Saravena, Department of Arauca, on 16 November 2003;
70. (57) Miguel Angel Anaya Torres, member of SINTRAEMSDES, on 17 November 2003, in Saravena, Department of Arauca;
71. (58) Elles Carlos de la Rosa, member of the Workers’ Union of the Transportes Atlántico company (SINTRAATLANTICO), on 30 November 2003, in Barranquilla, Department of Atlántico;
72. (59) Orlando Frias Parada, member of the Communication Workers’ Union, on 9 December 2003, in Villanueva, Department of Casanare.
73. Attempted abduction
74. Ana Paulina Tovar González, daughter of the CUT Human Rights Director, on 21 March 2003.
75. Abductions
76. (1) Luis Alberto Olaya, member of the Valle Single Education Workers’ Trade Union (SUTEV), in the Department of Valle del Cauca, on 15 June 2003;
77. (2) Jhon Jairo Iglesias, José Céspedes and Wilson Quintero were abducted on 2 November 2003 in the municipality of Cajamarca, Department of Tolima. The complainants must state to which union the abducted persons belonged;
78. (3) Marco Antonio Rodríguez and Ricardo Espejo, attorneys of the Tolima Farm Workers’ Union (SINTRAGRITOL), in the municipality of Cajamarca, Department of Tolima, on 6 November 2003.
79. Threats
80. (1) The National Union of Workers in the Food Industry (SINALTRAINAL), Bucaramanga branch, on 14 March 2003;
81. (2) Domingo Tovar Arrieta, Director of the CUT Human Rights Department, on 9 May 2003;
82. (3) Hernán Herrera Villalba, member of the Neiva branch committee of ASODEFENSA;
83. (4) Mario Ernesto Galvis Barbosa, whose union membership must be clarified;
84. (5) Lenidas Ruiza Mosquera, chairman of the ASODEFENSA coffee sector subcommittee;
85. (6) Jorge León Sarasty Petrel, national president of SINALTRACORPOICA, on 9 June 2003, in Montería, where he was advising on the formation of the union’s Córdoba branch;
86. (7) the workers of the Drummond company (2,000 in all) working in conflict zones where paramilitary groups operate and consider them as military targets. Five officials and members have already been murdered and this has been considered in previous examinations of the case. Currently, workers are being sent to remote areas where there is no security;
87. (8) Carlos Hernández, president of the NATHOC Union, in Barranquilla, was forced to go into exile following the murder of several of his colleagues;
88. (9) Victor Jaimes, Mauricio Alvarez and Elkin Menco, officials of the Petroleum Industry Workers’ Union (USO);
89. (10) Risaralda Teachers’ Union (SER), on 22 October 2003, received the third written threat warning the members of the union to leave the region. In addition, the administrative authorities revoked the trade union’s licence.
90. Raids
91. (1) Residence of Laura Guerrero, official of the CUT Bogotá branch committee, Cundinamarca, on 11 March 2003;
92. (2) Residence of Gilberto Salinas, member of SINTRAGRITOL, branch of FENSUAGRO-CUT. He was arrested during the raid.
93. Disappearances
94. (1) Marlon Mina Gambi, son of Yesid Mina, ECOPETROL workers, and member of USO, on 5 May 2003;
95. (2) The Tolima Farm Workers’ Union alleges that 18 farm workers who peacefully occupied the Manigua Estate in March 2003 have disappeared.
96. Acts of violence
97. (1) María Clara Baquero Sarmiento, President of ASODEFENSA: according to the allegations presented by the complainant organization, union meetings were obstructed, those attending were intimidated, lists of people participating in union meetings were drawn up, the organizers were transferred to conflict zones, etc. The complainant organization adds that the president of the union was not given the protection to which the Government referred in the Committee’s 330th Report;
98. (2) Henry Armando Cuéllar Valbuena, member of the ASODEFENSA Executive Board;
99. (3) Jairo Chávez, a worker in the Nariño Teachers’ Union, when an explosive device of moderate force exploded, also causing enormous material damage, on 5 June 2003;
100. (4) Manuel Hoyos, president of the Atlántico Workers’ Union, affiliate of the CGTD, on 3 July 2003;
101. (5) Juan Carlos Galvis, on 22 August 2003;
102. (6) Berta Lucy Dávila, member of SER in Risaralda, on 13 November 2003.
103. Denial of trade union leave
104. 393. In its communication of October 2003, the Colombian Teachers’ Federation (FECODE) gives a global analysis of the general situation of teachers in Colombia. It refers specifically to the various violations of which they are the victims as teachers belonging to a trade union or union officials, including: threatening telephone calls, harassment by armed persons, public statements that they are military targets, pressure to resign their trade union office, raids on their homes, pressure not to participate in trade union activities and numerous murders. The successive lists of murders drawn up during the examination of this case highlight the many members and union officials murdered or victims of other violations.
105. C. The Government’s reply
106. 394. In its communication of 2 July 2003, the Government provides a detailed report on the Cali Union of Workers’ in Public Enterprises (SINTRAEMCALI) members containing over 63 criminal investigations into acts of violence reported as presumed violations of the human rights of trade union members and officials of the Cali Municipal Workers’ Union (EMCALI), current protection schemes, means of communication, armour and other measures provided under the protection programme of the Ministry of the Interior and Justice to various members of the union, which are currently in operation. It also includes full information concerning various incidents that have occurred in recent months, in which SINTRAEMCALI members have been involved (strike on 16 September 2002, detention on 14 November 2002, bomb on 8 May 2003).
107. I. Criminal investigations into violations of human rights of SINTRAEMCALI members
108. 395. Details are given of all the criminal investigations being conducted into violations of the human rights of SINTRAEMCALI members and officials in the various prosecutor’s offices and section directorates of prosecutions in Valle del Cauca, concerning the following matters:
109. (1) On Sunday 16 June 2002, at about 9.30 p.m., the president of SINTRAEMCALI, Luis Enrique Imbachi, was going from the San Luis quarter to the Cali Mío quarter in the security vehicle assigned by the Ministry of the Interior protection programme, accompanied by bodyguard Ivaney González, when in Ciudad de Cali Avenue, three individuals riding two high-powered motorcycles, a green KMX and a purple RX15, and a taxi followed them for several minutes, during which they approached the vehicle in front and behind, trying to see inside the car. The individuals on the motorcycles took up positions on each side of the car and a kilometre further on, the ones on the right of the vehicle drew out revolvers, apparently long-barrelled 38s, which they aimed at the right side window where the official, Luis Imbachi, was sitting. He ordered the bodyguard to react by steering the vehicle towards the man on the motorcycle, who immediately fled. The bodyguard immediately tried to call the Department of Administrative Security (DAS) on the radio, but in vain since no one answered, so the bodyguard and the official drove to the DAS to make a complaint to the duty inspector. The authority conducting the investigation is Prosecutor’s Office 46, Cali section; File No. 518885; stage: preliminary; current status: active.
110. (2) On Saturday, 18 May 2002, at about 1 p.m., Orlando Arenas Marín was in a public establishment in the municipality of Florida when a yellow taxi arrived, Daewoo make, carrying four armed men. Two of them got out of the vehicle, entered the establishment and tried to seize Orlando who resisted by punching one of them. Immediately, the individual who had been punched drew a weapon and murdered Orlando. The authority conducting the investigation is Prosecutor’s Office 46, Cali section; File No. 518885; stage: preliminary; current status: active.
111. (3) On 10 May 2002, during the International Labour Day march, two suspicious persons were identified filming and taking photos of the workers. The infiltrators tried to escape and the workers stopped them, demanding that the police should identify and arrest them. The response of the riot police belonging to the mobile anti-riot squad (ESMAC) was to protect the infiltrators and beat the workers. The police reacted violently against Luis Hernández Monroy, president of SINTRAEMCALI; Jesús González, a member of the National CUT Human Rights Executive Committee; Oscar Figueroa and Domingo Angulo, members of the SINTRAEMCALI Executive Board; Ariel Díaz, the Valle CUT human rights officer; Berenice Celeyta, president of NOMADESC; William Aescobar, SIDELPA official, a SINTRAEMCALI lawyer; Alexander López, member of the House of Representatives for Valle del Cauca. All of whom were physically assaulted and verbally abused. The most serious case was Jesús González who was hospitalized for five days. According to the medical report, the blows he had received caused a trauma in the occipito-parietal region, with a 1.5 cm bleeding wound, caused by a wooden object, and he is now under observation and permanently scarred. During the incident, Jhon Weiner González, Jesús González’ bodyguard was arrested and beaten on various parts of his body with a truncheon, while a gas grenade launcher was pointed directly at the head of another bodyguard. The bodyguard was released as a result of pressure by the demonstrators. On the same day, two other officials from the ombudsman’s office, a member of the House of Representatives, Alexander López and Ariel Díaz of Valle CUT lodged a complaint with the regional ombudsman, Hernán Sandoval, in which they reported the detention of two persons who infiltrated the march. The authority conducting the investigation is Prosecutor’s Office 30; Cali section; File No. 494944; stage: preliminary; current status: active.
112. (4) On 27 April 2002, the sister of SINTRAEMCALI activist Daniel Valencia Villegas, a worker in the water and sewage plant, received a telephone call asking for Daniel. As he was not there, they left him the following message: “tell him to stop going around with the union board members”. There were constant calls to his family and his home. The authority conducting the investigation is Prosecutor’s Office 29; Cali section; File No. 486973; stage: preliminary; current status: active.
113. (5) On 18 April 2002, when the president of NOMADESC and coordinator of the SINTRAEMCALI human rights department, Berenice Celeyta was leaving a meeting at SINTRAEMCALI headquarters in the company of Cristian Llanos, a SINTRAEMCALI student, member of the NOMADESC education team, and a student in Valle University, she was followed by a white Toyota four-door estate with silver polarized glass windows to the “La Cucharita” Restaurant which the human rights defender entered with the students. A few minutes later, a motorcycle carrying two men parked outside the restaurant and a man wearing a kangaroo type purse got off and sat down staring at them while the other stayed outside with the motorcycle. The immediate reaction was to call the union’s security unit by avantel radio and mobile phone, contact the CUT human rights coordinator and leave the place at once since there was no security unit nearby, and by taking various vehicles they managed to escape those following them.
114. (6) During the night on 11 April 2002, the porter at the office of House of Representatives member and ex-president of SINTRAEMCALI, Alexander López Maya, received a call from a man who did not identify himself saying “despite all the guards and the DAS, we are going to blow up your office”. The next morning, the office secretary received another call in which they told her “didn’t you hear that we are going to bomb you?” as a result of which the office stayed closed. The authority conducting the investigation is Prosecutor’s Office 89; Cali section; File No. 561463; stage: preliminary; current status: active.
115. (7) During the security council meeting in the second week of April, the military authorities stated their intention of seeking, by every means, to prosecute the executive board for impeding the functioning of public services, insulting the flag and patriotic symbols, conspiracy to commit crimes and terrorism. The authority conducting the investigation is Prosecutor’s Office 88; Cali section; File No. 464116; stage: preliminary; current status: active.
116. (8) In the week of 8-12 April 2002, a white Mazda car without number plates and a high?powered motorcycle followed the SINTRAEMCALI General-Secretary, Angel Tovar on a number of occasions. The authority conducting the investigation is Prosecutor’s Office 30; Cali section; File No. 561460; stage: preliminary; current status: active.
117. (9) In the first week of April 2002, a white Chevrolet Rodeo estate with polarized glass windows followed the vehicle carrying Robinson Masso on several occasions. Also in the same period, vehicles not known to the neighbours in the official’s place of residence constantly patrolled the area and disappeared when the security unit arrived. The authority conducting the investigation is Prosecutor’s Office 93; Cali section; File No. 561459; stage: preliminary; current status: active.
118. (10) During the weeks of 25 February to 12 March 2002, SINTRAEMCALI Board members, Luis Hernández Monroy (President) and Robinson Masso (member of the anti-corruption committee and education officer), observed suspicious vehicles and individuals riding high-powered motorcycles constantly following the cars in which they travelled, for which reason they were forced to change their address. The authority conducting the investigation is Prosecutor’s Office 89; Cali section; File No. 561473; stage: preliminary; current status: active.
119. (11) At about 4 p.m., on 22 February 2002, the president of SINTRAEMCALI, Luis Hernández, left the headquarters of the Single Confederation of Workers of Colombia (CUT) in Bogotá for the airport, to fly to Cali. Shortly after, he became aware that four individuals in a white Mazda were following him. On arriving at the airport and going to the police station to hand in his personal weapon, he noticed that the four individuals had entered the airport and he immediately alerted the police, who accompanied him until he boarded the aeroplane. At the same time, Luis Hernández’ family received a threatening telephone call. It should be noted that Luis Hernández was elected president in place of Alexander López, currently member of the House of Representatives for the Frente Social y Político. The authority conducting the investigation is Prosecutor’s Office 29; Cali section; File No. 561457; stage: preliminary; current status: active.
120. (12) On 16 February 2002, a call was made to the campaign office of Alexander López Maya, candidate for the House of Representatives and former president of SINTRAEMCALI, saying that they were going to place a bomb. The authority conducting the investigation is Prosecutor’s Office 91; Cali section; File No. 561455; stage: preliminary; current status: active.
121. (13) On Monday, 11 February 2002 in commune 20 (Sileo) at 5.55 a.m., community leader, Julio Galerno was murdered as he was leaving his home with his wife Vivian María Villamil on their way to the Municipal Administrative Centre (CAM), EMCALI Tower, where she worked. The couple were approached by two men, one of whom drew a gun and said “don’t move”, then shot him in the lower left jaw killing him. The authority conducting the investigation is Prosecutor’s Office 13; Cali section; File No. 470844; stage: preliminary; current status: active.
122. (14) On 28 January 2002, Arley Gordillo, a water and sewage worker in the Cali municipal works, was wounded by a policeman driving a motorcycle, Mecal registration No. 24-842, identified by the side number 642. This incident occurred when the Cali municipal police took drastic security measures in the city directed at the peaceful occupation by EMCALI workers, by publishing communications from the local authorities in which they indicated to the conveners of the municipal civil strike that it would be infiltrated by rebels. The authority conducting the investigation is Prosecutor’s Office 31; Cali section; File No. 561451; stage: preliminary; current status: active.
123. (15) On 26 January 2002, in the middle of the call to the community to join a civil strike, General Francisco Ren Pedraza, Commander of the 3rd Division told the newspaper El Pais “… behind the call to a civil strike there were some illegal trade unions and armed groups”. That statement forced the social and trade union organizations organizing the strike to suspend the protest. The authority conducting the investigation is Prosecutor’s Office 32; Cali section; File No. 561449; stage: preliminary; current status: active.
124. (16) On 25 January 2002, at about 5.45 a.m., members of the SIJIN and Prosecutor’s Office 53 of the Rapid Reaction Unit raided the water and sewage works located at the junction of 15th avenue and 59th street, claiming that they had gone there on the basis of information received. A person was seen accompanying the prosecutor’s staff and the SIJIN, carrying a video camera with which he was filming the number plates of the cars parked there and the faces of the workers in the works. The authority conducting the investigation is Prosecutor’s Office 94; Cali section; File No. 561448; stage: preliminary; current status: active.
125. (17) On 16 January 2002, during a security council meeting, the speakers at the negotiating table were stated to be members of insurgent groups. According to reports, the representatives of the military forces said that the negotiating table had been infiltrated by the ELN. The authority conducting the investigation is Prosecutor’s Office 36; Cali section; File No. 561445; stage: preliminary; current status: active.
126. (18) On 10 January 2002, at midnight, an explosive device was detonated on the terrace of the home of Sedilfredo Grueso, at No. 27-80, 72nd street, W2, Omar Torrijos District. At the time of the incident, only his wife and children were at home. The authority conducting the investigation is Prosecutor’s Office 10; Cali section; File No. 447383; stage: preliminary; current status: active.
127. (19) On the same day, at about 6 p.m., an individual was arrested carrying a firearm and wearing an EMCALI shirt to blend in with the workers. In his briefcase he had a doctor’s coat with the logo of Valle University and several photographs. The man was arrested by the workers on the picket line outside the Tower and handed over to the police chief on duty in charge of the anti-riot squad surrounding the Tower. An hour?and-a-half after the incident (at 10 p.m.) three individuals in plain clothes travelling in a Mazda 323, registration No. NEH 108 and carrying handguns, arrived at SINTRAEMCALI headquarters at No. 6-54, 18th Street. The three men got out of the vehicle and proceeded to ask questions about a Rodeo van parked outside the union headquarters which was allocated by the Ministry of the Interior as a security measure for one of the SINTRAEMCALI officials.
128. (20) In January 2002, three telephone calls were made to SINTRAEMCALI’s headquarters, asking if there were EMCALI staff in the CAM Tower, and threatened to blow it up. The authority conducting the investigation is Prosecutor’s Office 30; Cali section; File No. 561435; stage: preliminary; current status: active.
129. (21) On 26 December 2001, at about 8 a.m., the police physically assaulted the workers, firing tear-gas grenades, and seriously injuring Carlos Emiro Hernández, the company’s legal disciplinary officer, who had to be admitted to the departmental hospital. The authority conducting the investigation is Prosecutor’s Office 54; Cali section; File No. 561520; stage: preliminary; current status: active.
130. (22) On 25 December 2001, during the peaceful occupation of the EMCALI Tower and the declaration of permanent strike by the workers belonging to SINTRAEMCALI, the police attacked several workers with tear-gas grenades, seriously injuring one of them. The authority conducting the investigation is Prosecutor’s Office 36; Cali section; File No. 561517; stage: preliminary; current status: active.
131. (23) On 24 December 2001, between 5.30 and 6 a.m., the waterworks, sewage works, power and telephones were taken over by the military. Some hours later, at 10 a.m., the Superintendent of Public Services, Diego Humberto Caicedo Ortiz announced the dismissal of EMCALI’s General Manager, Dr. Juan Manuel Pulido and the appointment of Oscar Reveiz as administrator in the liquidation of the company. The authority conducting the investigation is Prosecutor’s Office 36; Cali section; File No. 561513; stage: preliminary; current status: active.
132. (24) On 3 August 2001, SINTRAEMCALI activists Rubén Enrique Calvo Zúñiga, Carlos Alberto Lozada and Freddy Hernando Salinas, workers in the reading and distribution section, members of the working groups on the rescue of the company, were each threatened in an anonymous telephone call and threats were sent to their homes. The authority conducting the investigation is Prosecutor’s Office 32; Cali section; File No. 434355; stage: preliminary; current status: active.
133. (25) On 7 August 2001, EMCALI EICE worker and union activist Rigoberto Díaz, member of the company rescue planning group was the victim of harassment and death threats. On several occasions, someone came to his house and workplace looking for him to check on his comings and goings without giving any reason. The authority conducting the investigation is Prosecutor’s Office 29; Cali section; File No. 435415; stage: preliminary; current status: active.
134. (26) On 11 July 2001, the union activist Oscar Figueroa received a threatening telephone call at his place of work. The authority conducting the investigation is Prosecutor’s Office 30; Cali section; File No. 449329; stage: preliminary; current status: active.
135. (27) On 10 June 2001, when the union delegates in the working groups on the rescue of EMCALI were presenting proposals to the General Manager, Dr. Juan Manuel Pulido, in the EMCALI Club, several armed men fired from the upper storey of the club. The SINTRAEMCALI guards responded, whereupon the attackers made an unsuccessful attempt to take as hostage the young daughter of a worker, before fleeing in the face of the guards’ response. The authority conducting the investigation is Prosecutor’s Office 30; Cali section; File No. 449329; stage: preliminary; current status: active.
136. (28) On 25 May 2001, telephone exchange worker and union activist, Henry Jiménez Rodríguez, was murdered by several men in a car and on a motorcycle. The authority conducting the investigation is Prosecutor’s Office 14; Cali section; File No. 424801; stage: preliminary; current status: active.
137. (29) On 21 May 2001, at 6.45 a.m., sewage worker and SINTRAEMCALI activist, Carlos Eliecer Prado, was murdered on his arrival at his workplace. A passer-by shot at one of the assassins who died on arrival at the Occidente clinic. The authority conducting the investigation is Prosecutor’s Office 35; Cali section; File No. 424801; stage: preliminary; current status: active.
138. (30) On 30 November 2000, at 6 a.m., when worker and SINTRAEMCALI activist Diego Quiguanas was leaving for the waterworks, he was intercepted near the Pichincha battalion by three heavily armed men who put him in a car, drove him for an hour into the mountains and then took him up the mountain on foot for about an hour and a half, where they interrogated him about the activities of SINTRAEMCALI’s executive board. He was subjected to physical and mental torture and given a substance which rendered him unconscious. On 1 December, Diego Quiguanas was dumped near the El Lido district, where trade union officials Luis Hernández, Robinson Masso and Héctor Castro went to collect him. When they took him to hospital, two vans belonging to the national and the Gaula (local authority) police barred their way, stopped the car carrying the officials and removed Diego Quiguanas. When the unionists protested, the members of the Gaula and the police physically and verbally assaulted them, booked them and refused to identify themselves. The authority conducting the investigation is Prosecutor’s Office 39; Cali section; File No. 401421; stage: preliminary; current status: active.
139. (31) During the national day planned by the Single Confederation of Workers on 30 August 2000, the union officials’ bodyguards came across some outsiders directly filming and photographing the participants, arrested them and found them to be intelligence officers attached to the Cali metropolitan police. The union officials’ bodyguards are the subject of disciplinary proceedings by the DAS. The authority conducting the investigation is Prosecutor’s Office 29; Cali section; File No. 561508; stage: preliminary; current status: active.
140. (32) On 19 September 2000, when the General Secretary of SINTRAEMCALI, Ricardo Herrera, was arriving at his home in the Junín district, accompanied by worker Omar de Jesús Noguera, two heavily armed men fired several shots at them, seriously wounding Omar de Jesús, who was admitted to the Valle del Lili Clinic where he died on Saturday 23 September as a result of wounds to the face, arm and spinal column. Ricardo Herrera and Omar de Jesús Noguera had been victims of harassment by three men on high-powered motorcycles who had been following them for over two months. The authority conducting the investigation is Prosecutor’s Office 26; Cali section; File No. 390310; stage: preliminary; current status: active.
141. (33) Against the background of these incidents, the Directorate of Human Rights in the Ministry of the Interior, DAS and the other state security agencies were asked to take immediate measures to protect the life of Mr. Herrera, but so far the request has not met with a satisfactory response. The authority conducting the investigation is Prosecutor’s Office 91; Cali section; File No. 40396; stage: preliminary; current status: active.
142. (34) On 26 July 2000, five members of the military intelligence belonging to the army’s Third Division based in the town of Santiago de Cali were identified loitering in the building containing the office of SINTRAEMCALI’s legal advisers. The protection unit succeeded in identifying the members of the Third Brigade who, dressed in plain clothes and riding high-powered motorcycles, were following SINTRAEMCALI’s officials and the team of lawyers advising the union. One of the intelligence officers who was subsequently identified as Luigui López Gómez, entered the office of Dr. Wilson Arias Rojas when he was in a meeting with trade union officials Luis Hernández Antonio, acting President, Robinson Emilio Masso Arias, human rights coordinator and member of the executive board and worker Carlos González. The military intelligence officer spoke to the attorney, Wilson Arias, and sought legal advice for a brother whose name he did not wish to give. The attorney told him that he could not see him because he was busy. The then unknown man (because he refused to give his name) asked Dr. Arias when he could see him in the office, etc. As the legal adviser refused to tell him and recommended him to go somewhere else for advice, the man left. Half an hour later, the assistant in the legal office, Martha Selene Lozada C. left the building on a legal errand to the Palace of Justice, but met the man who had asked for advice outside the building in the company of a man and a woman who had parked a motorcycle outside the building and two other individuals standing beside another motorcycle. She therefore decided to go back into the office and tell the lawyers and the union members what she had seen. The union officials and the lawyers looked out of the window and were able to confirm what the assistant had seen. The president of SINTRAEMCALI immediately called the Director of the Valle del Cauca DAS, the CUT Human Rights Office and the bodyguards assigned under the security scheme to Alexander López (president of SINTRAEMCALI who was arranging his exile at the time). The bodyguards approached the persons, two of whom fled, and four were taken to the DAS building (by order of its director) where they were questioned.
143. (35) On 21 June 2000, the OAS Inter-American Commission on Human Rights approved precautionary measures for ten members of the SINTRAEMCALI executive board. The authority conducting the investigation is Prosecutor’s Office 31; Cali section; File No. 435527; stage: preliminary; current status: active.
144. (36) On 20 June 2000, a death notice arrived at SINTRAEMCALI headquarters in the name of union official Harold Viafara González. The authority conducting the investigation is Prosecutor’s Office 31; Cali section; File No. 376476; stage: preliminary; current status: active.
145. (37) On 12 June 2000, the bodyguards of the then president of SINTRAEMCALI, now member of the House of Representatives, Alexander López, detained a woman outside the union headquarters disguised as a sweet-seller who was reporting the official’s times of arrival and departure by mobile phone to third parties. The bodyguards identified the woman as María Liliana Sánchez Guevara and handed her over to the Cali Department of Administrative Security (DAS), where she said she had been hired by Wilson Mosquera Ramírez (whose home in the municipality of Jamundi was raided) who had given her a mobile phone and paid her 30,000 pesos a day to watch the SINTRAEMCALI president and report all his movements. The woman was reported to the Cali section prosecutor’s office and released, despite the fact that the director of DAS himself, Colonel Miguel Evan Cure stated publicly that the woman was following the union president because there was a plan to murder him. The authority conducting the investigation is Prosecutor’s Office 31; Cali section; File No. 561506; stage: preliminary; current status: active.
146. (38) On 27 May 2000, posters appeared in several places in Cali saying “down with the EMCALI guerrilla group and Cali guerrilla murderers”. The authority conducting the investigation is Prosecutor’s Office 93; Cali section; File No. 561235; stage: preliminary; current status: active.
147. (39) On 25 May 2000, in the CAM courtyard, during a public meeting of the people’s front for the defence of EMCALI, an agent of the prosecutor’s office technical group (CTI) was detected filming the workers. On 25 May 2000, when the EMCALI workers belonging to the trade union SINTRAEMCALI were at an information meeting in the section waterworks at the junction of 15th Avenue and 59th Street in La Base District, (to consider the announcement by the National Superintendent of Public Services, Jorge Enrique Ramírez Yáñez that the company would be liquidated under the administration proceedings ordered by the State) when an anti-riot squad of the Cali metropolitan police sent by Mayor Ricardo II Lobo fired indiscriminately with tear gas and firearms at the workers, breaking up the meeting by force. The authority conducting the investigation is Prosecutor’s Office 32; Cali section; File No. 561503; stage: preliminary; current status: active.
148. (40) On 18 April 2000, worker Carlos Alberto González, activist and bodyguard of SINTRAEMCALI president Alexander López lodged a complaint with the Attorney?General’s Office for several telephone threats. In addition, police constantly patrol outside the house and the workplace but paradoxically only question him, although other people are present. On 12 April 2000, the union office received a call from an unidentified individual who demanded his workplace, telephone number and home address. Faced with imminent danger of death, the worker was forced to move to another town. The authority conducting the investigation is Prosecutor’s Office 89; Cali section; File No. 561500; stage: preliminary; current status: active.
149. (41) On 10 April 2000, SINTRAEMCALI activist, Carlos Fernando Florez, received a death notice by registered letter. This worker had been a victim of personal injuries caused by truncheons and blows by the police on 5 April 2000 outside the CAM buildings, when Mayor Richard Cobo Lloredo ordered the anti-riot police to use tear gas to break up the gathering of workers meeting to listen to the broadcast of the debate in the House of Representatives on the EMCALI issue. The same day, Carlos Enrique Rico, a trade union delegate, received a threatening telephone call. The authority conducting the investigation is Prosecutor’s Office 89; Cali section; File No. 365596; stage: preliminary; current status: active.
150. (42) On 7 April 2000, the EMCALI EICE workers and union activists listed below went to the prosecutor’s office to lodge a complaint for persecution and harassment against the company management, including Mayor Richard H Cobo and the EMCALI EICE human resources manager, for requesting personnel files of several workers (for undisclosed purposes), among them Juan Carlos Manzano, Jorge Isaac Cabezas, Honorio Bonilla, Leónidas Angulo Cabezas. The authority conducting the investigation is Prosecutor’s Office 32; Cali section; File No. 367093; stage: preliminary; current status: active.
151. (43) On 6 April 2000, inside the sewage works, workers Leónidas Angulo Cabezas, Juan Carlos Manzano Jurado, Fabricio Quiñonez, Jorge Isaac Cabezas Honorio discovered a person in civilian clothes carrying a handgun who, on being questioned by the workers, replied that he was a member of the public waiting for a bus. During the following investigation, it was established that the person was a SIPOL agent, identified as Manuel Zuñiga Anchico, identity card No. 94,411,952 from Cali, carrying a long-barrelled 38 calibre handgun, a two-way radio, woollen gloves and driving a Honda 175 motorcycle, registration No. DVA59. The police came to the scene and took him away. The authority conducting the investigation is Prosecutor’s Office 88; Cali section; File No. 561475; stage: preliminary; current status: active.
152. (44) On 5 April 2000, in the offices of the CAM, the workers belonging to SINTRAEMCALI held a peaceful union meetings which was met with physical aggression by the police which broke up the meeting and arbitrarily arrested workers Miguel Angel Aguirre, watchman and member of the union, and Julio Hinestroz, worker in the Navarro plant and union delegate. Carlos Fernando Florez, watch supervisor at the EMCALI Tower was brutally beaten by the police. The authority conducting the investigation is Prosecutor’s Office 89; Cali section; File No. 365590; stage: preliminary; current status: active.
153. (45) On 11 March 2000, Justiniano García was murdered near his home in the city of Cali. The union activist was a member of EMCALI’s anti-corruption committee and was involved in an important investigation into illegal transactions by the management of Cali Municipal Enterprises. The authority conducting the investigation is Prosecutor’s Office 46; Cali section; File No. 36042; stage: preliminary; current status: active.
154. (46) On 8 February 2000, a communication was sent by the self-defence groups of Colombia (AUC) to union offices and disseminated throughout the city. It accused the union leaders of Cementos del Valle, Sidelpa, EMCALI, Good Year municipality of Yumbo, Titán, Eternit and the Executive Committee of Valle CUT of being puppets of the guerrilla movement, treason, encouraging communist policies to wreck the companies, promoting unemployment, trade union corruption, left-wing radicalism and declared them to be military targets with a purpose: to carry out the orders of our high command. The authority conducting the investigation is Prosecutor’s Office 94; Cali section; File No. 561243; stage: preliminary; current status: active.
155. (47) On 6 September 1999, members of the national police violently attacked the information meeting for SINTRAEMCALI members in which officials were presenting a report of achievements in September 1998. The authority conducting the investigation is Prosecutor’s Office 82; Cali section; File No. 521240; stage: preliminary; current status: active.
156. (48) During the peaceful occupation of the CAM, officials Robinson Masso and Luis Hernández, members of the anti-corruption committee, were seriously injured with fractures to the forearms and clavicle, while official César Martínez and activists Diego Quiguanas, Oscar Marulanda, Martin Potosí, Carlos Magno, Mauricio Noreña, Carlos González, Enrique Ramírez were beaten and some of them arrested without being given first aid. On 18 July 1999, 16 workers were arrested at the end of a peaceful march in the city of Cali. These cases included worker Edgar Núnez Pizo, an activist arrested as he approached a bus belonging to the Azul Plateada Company. The activists were questioned and held by the Rapid Reaction Unit in the prosecutor’s office, and referred to Prosecutor’s Office 88 of the Offences against the Administration of Justice Unit charged with rioting. After signing an undertaking they were released, but the proceedings were dropped only at the beginning of 2001, for lack of evidence. The authority conducting the investigation is Prosecutor’s Office 88; Cali section; File No. 32251; stage: preliminary; current status: active.
157. (49) On 26 October 1998, unidentified persons entered the home of SINTRAEMCALI official and president, Alexander López Maya, breaking down the door and searching everything, for which reasons the official was forced to change his address. The authority conducting the investigation is Prosecutor’s Office 31; Cali section; File No. 561259; stage: preliminary; current status: active.
158. (50) On 19 October 1998, the renowned popular trade union leader, Oscar Artunduaga was murdered. He had worked in the Cali Municipal Enterprises for 22 years and had been a member of the union throughout that time. The authority conducting the investigation is the Cali Prosecutor’s Office – special homicide unit (unidad de vida); File No. 154765; stage: preliminary; current status: active.
159. (51) During the first weeks of October 1998, various threats were made by unidentified individuals to the union’s headquarters at No. 6-54, 18th street, to telephone numbers 8835368 and 8835369, asking for the president and officials of the union. The authority conducting the investigation is the Cali Prosecutor’s Office – personal freedom unit; File No. 151154; stage: preliminary; current status: active.
160. (52) On 16 September 1998, faced with continuous violations of the collective agreement signed by SINTRAEMCALI, the threat of privatization, the violations of Agreement 014 of 1996 and the growing corruption in the company, the workers peacefully occupied the premises of the EMCALI Tower, the diesel power plant and the telephone exchange in the Colón district and began a strike against corruption and privatization which lasted 14 days. The authority conducting the investigation is Prosecutor’s Office 36; Cali section; File No. 561261; stage: preliminary; current status: active. On the same day, during the protest by SINTRAEMCALI workers outside the CAM, Erlin Marino Vaifara, a student in the National Education Service (SEN), was assaulted by police officers who fired a tear-gas bomb at him, causing him to lose an eye. The authority conducting the investigation is Prosecutor’s Office 36; Cali section; File No. 561261; stage: preliminary; current status: active.
161. (53) File No. 391326; Prosecutor’s Office: section 29, Dr. Jairo Daniel Fonseca; Offence: threats; Date: 29 September 2000; Victim: Luis Antonio Hernández Monroy; Stage of proceedings: preliminary; Accused: to be ascertained
162. (54) File No. 402254; Prosecutor’s Office: section 91, Dr. Carlos Alberto Mejía; Offence: threats; Date: 11 December 2000; Victim: Javier Alfonso López Rojas; Stage of proceedings: preliminary; Accused: to be ascertained
163. (55) File No. 403505; Prosecutor’s Office: section 91, Dr. María del Socorro Ordóñez; Offence: threats; Date: 30 November 2000; Victim: Luis Antonio Hernández Monroy; Stage of proceedings: preliminary; Accused: to be ascertained
164. (56) File No. 403612; Prosecutor’s Office: section 11, Dr. Alba Luz Lozada; Offence: abduction; Date: 6 December 2000; Victim: Diego and Noe Quiguanaz González; Stage of proceedings: preliminary; Accused: to be ascertained
165. (57) File No. 431241; Prosecutor’s Office:section 30, Dr. Nelly Gallego Tumiñan; Offence: threats; Date: 11 July 2001; Victim: Ricardo Herrera; Stage of proceedings:preliminary; Accused: to be ascertained
166. (58) File No. 435415; Prosecutor’s Office: section 29, Dr. Jairo Daniel Fonseca; Offence: threats; Date: 10 August 2001; Victim: Rigoberto Díaz; Stage of proceedings: preliminary; Accused: to be ascertained
167. (59) File No. 443316; Prosecutor’s Office: 93, Dr. María del Socorro Ordóñez; Offence: threats; Date: 20 September 2001; Victim: Carlos Arturo Marín and Carlos Florez; Stage of proceedings: preliminary; Accused: to be ascertained
168. (60) File No. 494949; Prosecutor’s Office: section 30, Nelly Gallego Tumiñan; Offence: threats; Date: 1 May 2002; Victim: Jesús González Luna and Luis Antonio Monroy; Stage of proceedings: preliminary; Accused: police squadron
169. (61) File No. 525234; Prosecutor’s Office: 3rd special, Dr. Carlos Martín Latorre; Offence: terrorism; Date: 3 September 2002; Victim: SINTRAEMCALI members; Stage of proceedings: preliminary; Accused: to be ascertained
170. (62) File No. 550760 ; Prosecutor’s Office: 93, Dr. María del Socorro Ordóñez; Offence: threats; Date: 4 March 2003; Victim: Luis Enrique Imbachi Rubiano; Stage of proceedings: preliminary; Accused: to be ascertained
171. (63) File No. 346202; Prosecutor’s Office: Homicide Unit 19; Offence: attempted murder; Date: 15 December 1999; Victim: Antonio González Luna; Stage of proceedings: preliminary; Accused: to be ascertained
172. (64) File No. 358080; Prosecutor’s Office: 3rd special, Dr. Carlos Martín Latorre; Offence: attempted murder; Date: unknown; Victims: Antonio González Luna and Geovanny Rodríguez ; Stage of proceedings: preliminary; Accused: to be ascertained
173. 396. There are at present 64 criminal investigations in progress into violations of the human rights of SINTRAEMCALI members, including one for threats and assaults in “members” of the union of the Cali Municipal Enterprise, i.e. this investigation in particular may include many members of the organization who have not been listed. The foregoing is an illustration of the efforts by the Government and the Attorney-General’s Office to defend and protect the human rights of our trade union leaders and officials, as well as a valiant effort to combat impunity. All the violations that have been publicly reported and thus judged by the competent authority, are being investigated and pursued by the prosecution service, with the object of safeguarding the lives and personal well-being of these union leaders who have been threatened and assaulted in different ways. It will thus be possible to see results in terms of those presumed guilty and the victim’s attackers.
174. II. Current protection schemes: 10 individual schemes and 18 bullet-proof jackets
175. 397. The Government reports that it has provided protection to the following officials:
176. (1) Alexander López Maya, consisting of an armoured vehicle, four bodyguards, four bullet-proof jackets and a radio. He is currently a member of congress, but the scheme was granted as president of SINTRAEMCALI;
177. (2) Luis Antonio Hernández Monroy, consisting of a vehicle, three bodyguards, a radio, support weapon, two pistols and three bullet-proof jackets;
178. (3) Angel Tovar Peña, consisting of a vehicle and a bodyguard;
179. (4) Luis Enrique Imbachi Rubiano, consisting of a vehicle, two bodyguards and a radio;
180. (5) Robinson Emilio Masso, consisting of a vehicle, two bodyguards, three bullet-proof jackets and a radio;
181. (6) Oscar Figueroa, consisting of a vehicle and a bodyguard;
182. (7) Harold Viafara González, a vehicle, a bodyguard, two bullet-proof jackets and a radio;
183. (8) Rubén Dario González, consisting of a vehicle, two bodyguards, three bullet-proof jackets and a radio;
184. (9) Domingo Angulo Quiñonez, consisting of a vehicle and a bodyguard;
185. (10) César Martínez, consisting of a vehicle, two bodyguards, three bullet-proof jackets and a radio.
186. 398. These protection schemes consist of a unit (vehicle and bodyguard) because two were used to provide a bodyguard for the protection of two trade unionists, which therefore weakens the schemes, because of the incident on 20 September 2002. The DAS was asked, as a matter of urgency, to take the necessary steps to provide arms and the related support for the schemes listed below, assigned to protect the following SINTRAEMCALI officials: Domingo Angulo, Harold Viafara, Luis Imbachi, Angel Tovar, Robinson Masso and Oscar Figueroa.
187. 399. The management support service was asked to take the administrative steps to ensure that the organization’s security schemes are equipped with bullet-proof jackets and the relevant avantel radio communications.
188. III. Means of communication: Three mobile phones and nine avantel radios
189. 400. The following means of communication have been supplied:
190. (1) Alexander López Maya, mobile phone, avantel radio;
191. (2) Robinson Emilio Masso, mobile phone, avantel radio;
192. (3) Domingo Angulo Quiñonez, avantel radio;
193. (4) Harold Viafara González, mobile phone;
194. (5) Luis Hernández Monroy, avantel radio;
195. (6) Cesar Martínez, avantel radio;
196. (7) Milena Olave Hurtado, avantel radio;
197. (8) Luis Imbachi, avantel radio;
198. (9) Ricardo Herrera, avantel radio; and
199. (10) Alexander Barrios, avantel radio.
200. César Martínez, Rubén Dario González and Angel Tovar are currently no longer members of the executive board of SINTRAEMCALI.
201. IV. Armour protection
202. 401. SINTRAEMCALI’s headquarters is at present partly armoured but is requesting total armour protection.
203. V. Other measures
204. 402. All the matters for urgent action referred from several sources against SINTRAEMCALI members have been brought to the attention of the Attorney-General’s Office and the national police, for action within their area of competency. The DAS was asked to provide arms for issue and support to schemes which needed them, and studies were also requested into the level of risk faced by new members of the executive board, and a reassessment of the risk to officials who are no longer members of the board.
205. – new SINTRAEMCALI officials: Fabio Bejarano, Carlos Ocamp, Carlos Marmolejo and Alberto Hidalgo.
206. – former SINTRAEMCALI officials: César Martínez, Rubén Darío González and Angel Tovar.
207. VI. Report of detention of 20 September 2002 in the municipality of Santander de Quilichao, paragraph (g) of the Committee’s recommendations in its 331st report
208. 403. On 20 September 2002, units belonging to the 8th (Pichincha) Infantry Battalion, stopped several vehicles travelling from the city of Santiago de Cali, Valle, en route for La María, in the municipal jurisdiction of Piendamó, where there was a national farm workers’ strike (on 16 September) which planned to block the Pan-American highway.
209. 404. The vehicles belonging to the programme of protection of witnesses and threatened persons (trade union leaders) of the Directorate of Human Rights in the Ministry of the Interior, were arrested by units of the battalion, in accordance with article 398 of the Criminal Procedures Code: “illegal use”, since they were taking food and persons to the demonstration. The vehicles were transporting food, provisions and members of non-governmental organizations not covered by the protection scheme for which the vehicle or the protection of the hired bodyguards administered by the DAS were allocated. The arrest was also on the express order of the Government, that no consignments must enter the demonstration, given the conditions of disturbance to public order in that jurisdiction. According to the DAS report, the trade unionists did not possess an operational order justifying travel to the La María, Piendamó area. The detention took the following form:
210. – Persons arrested in Santander de Quilichao: Juan Carlos Valens Duque, employee of the Valle Government Secretariat of Public Works; Angel Tovar Elias, EMCALI staff member; Alfonso Gabino Quiñonez, SINTRAVALLE official; Henry Dominguez of the Agriculture and Livestock Union; Deseden Dromal Parra Arciza, NGO NOMADESC staff member; Incolaza Díaz Ortiz, NGO NOMADESC staff member; Gustavi Adolfo, NGO NOMADESC staff member.
211. – Hired bodyguards administered by the DAS, Valle section: Euclídes Ramírez Loboa, Gustavo Alfonson Hernández Monroy, Alex Alberto Echeverri Alzate; Ricaurte Martínez Millán, Wilmar Castillo Muñoz, Mauricio Albarracín, Otoniel Ramírez López, Lenin Galerno Zambrano, José Yesid Olaya Andrade, Carlos Queitnero Lozano.
212. – Others: Domingo Angulo Quiñonez, William Castillo Valencia; Berenice Celeita Alayón.
213. 405. The following items were also handed over to the Prosecutor’s Office, section 2, Cali:
214. – Arms: two VECTOR pistols; an UZI sub-machine gun, a CZ pistol.
215. – Vehicles: five Rodeo vehicles, registration numbers CSU137; CSU140, CUS 180, CSU 149, BIB Y ONI 622.
216. – Provisions: five sacks of rice; two arrobas (1 arroba = approx 11 kg) of rice in bags; one arroba of salt; two arrobas of lentils; two arrobas of peas; two arrobas of beans; a can of oil; two arrobas of coffee; a box of soap; a bag of brown sugar; a tin of tuna; an arroba of pasta; a five-gallon can of oil; 25 litre cans of water; 576 cartons of water.
217. VII. Report of detention on 14 November 2002 in the city of Cali by members of the metropolitan police of Santiago de Cali
218. 406. The Cali metropolitan police informed the Ministry of Social Protection by fax that, on 14 November 2002 at 9 a.m. in Cali, two members of SINTRAEMCALI were arrested for carrying explosives: “… at the time and place indicated in a routine operation by the ALFA 3 patrol of the “CALI SEGURA” police group searched a vehicle of the Cali Municipal Enterprises (EMCALI), registration No. ONI-113, in which there were two people. In the course of the search inside the car, the police found three homemade explosive devices, two revolvers, a bullet-proof jacket, a large quantity of propaganda concerning the public statements of the union of the abovementioned company and the holding of a workers’ assembly (14 November 2002) in the municipal stadium at 2.30 p.m., as well as three mobile phones, one in the name of Alfredo Cuellar. The occupants of the vehicle were recognized as Oscar Figueroa Pachongo, identity card No. 94,429,314 from Cali, who is currently employed as an engineer and drinking water pump operator and treasurer of the EMCALI company trade union, who was carrying a Llama revolver with permit P0797816 and his bodyguard, Ricaute Martínez, also a member of the union, resident at 9th street F, No. 23A-35, Bretaña District, carrying a long?barrelled 38 calibre Llama revolver, No. IM6478U with 6 cartridges, with permit to carry P067826. … These persons were taken to the SIJIN-MECAL premises where it was concluded on interviewing them that they did not know the origin of the explosive devices, and they were subsequently placed in the jurisdiction of the prosecutor’s office …”. Unofficially, it was discovered that during the taking of the statement or questioning by the prosecutor’s office, Cali section, the bodyguard Ricaute Martínez incriminated himself and took responsibility for all the charges and Mr. Oscar Figueroa Pachongo was immediately released.
219. 407. The Attorney-General’s Office, for its part, reported that this matter was the subject of judicial proceedings against Mr. Oscar Figueroa Pachongo and another for the offence of manufacturing, trafficking and carrying of explosives, and the investigation is being conducted by the Special Prosecutor’s Office 13, Cali, under File No. 527588.
220. File No. 527588
221. Prosecutor’s Office: 13th special, Cali
222. Facts: on 14 November 2002, an EMCALI vehicle driven by Mr. Oscar Figueroa Pachongo, and also occupied by Mr. Ricaurte Martínez Millán, both employees of EMCALI and members of SINTRAEMCALI, was stopped, and a package containing two explosives was found
223. Offence: carrying arms restricted to the military forces, explosives, illegal use and others
224. Current status: institution of judicial proceedings, without remand in custody, stating that on 4 December 2002, Mr. Ricaurte Martínez Millán admitted charges for early sentencing and the proceedings were ordered to be stopped. Martínez Millán’s case is before the first special court pending sentence. Oscar Figueroa Pachongo’s case is in the Special Prosecutor’s Office 13 with the investigation closed pending evaluation of the merit of the summary
225. 408. Finally, it should be noted that despite this incident, Mr. Pachongo continues to benefit from the Ministry of the Interior and Justice Protection Programme.
226. VIII. Bomb, 8 May 2003, in the EMCALI water treatment plant, Puerto Mallarino district, Cali
227. 409. According to the investigations by the competent authorities, the conclusion was drawn that it was not an attack on trade union officials but handling of explosives by the victims themselves. For its part, the Attorney-General’s Office stated in its letter No. 1141 of 19 May 2003 that judicial proceedings have been instituted concerning the incident in the city of Cali on 8 May 2003 at 11.50 a.m. and that the investigation is being conducted by the Special Prosecutor’s Office 10, Cali, under File No. 564069, and is at the preliminary stage – examination of evidence. It also stated that the explosion rocked the electric power plant which serves the Puerto Mallarino water treatment plant, located at 76th Street and 15th Avenue in the north-east of Cali. The report of the intelligence services and of police explosives experts suggests that the dead trade unionists were handling explosive substances (sulphur and potassium chlorate on the clothing and body) used to make the notorious homemade grenades (notorious because they are the explosives that trade unionists take out in movements and marches to intimidate the public and the authorities) and they also found Reynolds aluminium foil at the scene of the crime, which suggest that they were making them since aluminium is used to wrap the explosive devices.
228. Dispute within EMCALI
229. 410. In the context of the protests against the privatization of EMCALI, the workers held a protest meeting. The police were antagonistic to them and even threatened them with death. The Government gives a brief summary of the bargaining process concerning the revision of the collective agreement, between the Cali Municipal Enterprises and SINTRAEMCALI, during the period 1999 to June 2003.
230. 411. In December 2002, EMCALI began talks with the officials of the workers’ union SINTRAEMCALI, seeking to reach agreement on a revision of the collective agreement.
231. 412. From the outset in the talks, the company expressed the imperative need to revise the collective agreement as a priority in saving the company, especially the provisions on governability and labour flexibility, pensions and redundancies and easing the company’s cash position, as the workers’ contribution to its survival.
232. 413. The EMCALI and SINTRAEMCALI committees on the revision of the collective agreement began official bargaining rounds on 26 March and have so far held 27 meetings.
233. 414. The results of the negotiations are set out in the pre-agreement documents of 10 and 15 May 2003 which have become a draft collective agreement which is being analysed by the committees.
234. 415. The key aspects of the revised agreement are:
235. – governability;
236. – labour flexibility;
237. – reduction in some agreed benefits to improve EMCALI’s cash position; and
238. – modification and adjustment of pensionable periods.
239. 416. The economic agreements reached by the parties will only come into effect when the agreements are fully approved by EMCALI’s creditors and suppliers. These include the PPA and the PTAR. The committees have not yet signed a document which commits and binds the parties to EMCALI. SINTRAEMCALI indicated its intention to revise the collective agreement provided that everyone “chips in” and that the company continues to be a state enterprise (EICE).
240. 417. The company committee presented the SINTRAEMCALI committee with a previously agreed draft of the new collective agreement based on what had been agreed at the bargaining table and the basic agreement. The points where there is no agreement are the following:
241. – denunciation of the collective agreement by 28 June 2003;
242. – permanent trade union leave;
243. – wages of trade union officials;
244. – duration of the agreement; and
245. – drafting of the articles; transitional period, retirements, redundancies, non-statutory bonuses and all matters concerning the company’s contributions.
246. 418. If the collective agreement review committees do not formalize the agreements before 28 June 2003, the collective agreement will be automatically extended for six months to 31 December 2003. The SINTRAEMCALI committee broke off the drafting meetings for the new collective agreement until the political agreement submitted to the President of the Republic is signed by the national Government. The SINTRAEMCALI committee has been holding talks with the national Government with a view to including points already negotiated and defined in the May agreements.
247. 419. In its communication of 28 July 2003, the Government reports on the protection schemes adopted by the Government of Colombia due to the death threats and situation of risk of some members of SINALTRAINAL, USO and SINALTRAINAGRO. The Government includes all the criminal investigations into violations of the human rights of the members and leaders of these trade unions, and all the Government’s actions to protect and safeguard the lives and persons of our trade unionists, by designating, approving and implementing security measures and schemes through the Ministry of the Interior and Justice Protection Programme.
248. A.1. Threats recorded and prosecuted in 2002-03 SINALTRAINAL members
249. (1) Luis Javier Correa Suárez, president of SINALTRAINAL, Bucaramanga section, threatened on 3 May 2003 in that city. Victim: Luis Javier Correa; offence: threats; date and place of the incident: March 2002 in Bucaramanga; File No. 12553; authority: Prosecutor’s Office 1, Law No. 30 section – Bucaramanga; stage: preliminary; current status: inhibitory since 5 December 2001, for lack of evidence of criminal conduct; organization: SINALTRAINAL; office: member – official.
250. (2) William Mendoza Gómez, president of the Executive Board of SINALTRAINAL. Complaints of alleged death threats against the official were received on three occasions: on 2 January 2002, 9 October 2002 and 17 January 2003. With regard to the death threats received on 2 January 2002, the prosecutor’s office reported that the investigation is being conducted by the support unit to the National Human Rights Unit in Barranquilla, National Directorate, File No. 1438, and is currently at the preliminary stage and currently active. The investigation also shows that threats were made against Javier Suárez and Juan Carlos Galvis, also members of the union.
251. Type of offence: threats
252. Date and place: 2 January 2002, Cartagena
253. Victims: Javier Suárez, William Mendoza Gómez and Juan Carlos Galvis
254. With respect to the death threats received on 9 October 2002, there is no report of an investigation being conducted into that incident. However, the Attorney-General’s Office reported that the death threats against Mr. Mendoza received last 17 January 2003 are the subject of the following investigation:
255. Type of offence: coercion for terrorist purposes
256. Date and place: 17 January 2003, in Barrancabermeja, Santander
257. Section directorate: Bucaramanga
258. Responsible authority: Special Prosecutor’s Office 3, Bucaramanga
259. File No: 166206
260. Stage: preliminary
261. Current status: active
262. Organization: SINALTRAINAL
263. (3) Wilson Castro Padilla, member of SINALTRAINAL, Bolívar branch. The death threats were reported by the ICFTU to the Office of the President of the Republic. The investigation into the death threats against Mr. Castro Padilla, received on 2 January 2002, is being conducted by Special Prosecutor’s Office 3, Cartagena section, File No. 85596. It is at the preliminary stage and currently active. Another investigation is being conducted into threats received between 7 and 9 February and 13 March 2003 by Prosecutor’s Office 39, Cartagena section, File No. 115265. It is at the preliminary stage, and currently active.
264. (4) Alvaro González Jerez, member of SINALTRAINAL, Bucaramanga branch. It is known that he was the victim of death threats between 27 March and April 2003. The investigation is being actively pursued as follows:
265. Victim: Alvaro González Jerez
266. Offence: threats
267. Place: Bucaramanga
268. File No: 1533554
269. Authority: Prosecutor’s Office 32, Bucaramanga section
270. Stage: preliminary
271. Current status: active
272. Organization: SINALTRAINAL
273. Office: member
274. A.2. Current protection schemes National Union of Workers in the Food Industry – SINALTRAINAL
275. 420. On 28 January 2002, the CIDH ordered the adoption of precautionary measures to protect the life and physical safety of the officials of SINALTRAINAL, Luis Alberto Díaz Correa – Barrancabermeja; William Mendoza Gómez – Barrancabermeja; Oscar Giraldo – Carepa, Luis Adolfo Cardona – Carepa; Hernán Manco – Cartagena; and Juan Carlos Galvis – Barrancabermeja.
276. A.3. Security measures
277. (a) Hard measures: bodyguards, support weapons and personal and collective mobile schemes:
278. (1) recently reinforced personal security schemes for Mr. Juan Carlos Galvis, president of the Barrancabermeja branch, by exchanging a normal vehicle for an armoured one;
279. (2) recently implemented personal security scheme for Mr. Wilson Castro Padilla, president of the Bolívar branch of the union;
280. (3) recently implemented collective security scheme for Mr. Robinson Domínguez Romero and Mr. Santos Deán Jaimes, members of the Bolívar branch;
281. (4) collective security scheme recently implemented but not accepted by the beneficiary, Mr. Efraín Guerrero Beltrán of the Bucaramanga branch, as according to information provided by the Department of Administrative Security (DAS), the union official does not use it and, therefore, does not rely on the bodyguards suggested for him. It should be noted that Mr. Guerrero was also granted transport support while the scheme was in effect;
282. (5) the collective scheme for the national executive board (Luis Javier Correa Suárez and others) is pending, since we are awaiting the results of the risk assessment study requested from DAS, so as to ascertain the degree of vulnerability. Once this has been received, the cases will be submitted to the Risk Assessment and Control Committee (CRER) under the witnesses and threatened persons protection programme headed by the Ministry of the Interior, which will examine the possibility of providing a collective scheme to the Board members.
283. (b) Soft measures: means of communication and direct support (humanitarian assistance and air tickets).
284. Dr. Rafael Bustamante Pérez, Director of Human Rights, called a meeting on 19 April 2002 of the State institutions, applicant NGOs and beneficiaries, with a view to coordinating measures necessary to protect the lives and persons of members of the National Union of Food Industry Workers (SINALTRAINAL), especially the Cartagena officials. The following was agreed:
285. – to hold a meeting with the participation of the Ministers of the Interior and Labour, management of Coca Cola, Nestlé and the National Union of Food Industry Workers (SINALTRAINAL), to address the security of their workers, with a view to working together on the matter;
286. – in the light of specific requests to the CRER, to allocate six-monthly national tickets on the following routes: Bogotá-Pasto-Bogotá; Bogotá-Valledupar-Bogotá; Bogotá?Barranquilla-Bogotá; Bogotá-Medellín-Bogotá; Bogotá-Cali-Bogotá; and Bogotá-Bucaramanga-Bogotá;
287. By Decision No. 1 of January 2002
288. – three months of humanitarian assistance and relocation assistance were approved for Mr. Luis Adolfo Cardona, identity card No. 3,366,106;
289. – armour protection was approved for the Buga La Grande and Cúcuta offices.
290. By Decision No. 3 of March 2002
291. – a study of the office and risk assessment for the members of the executive board was approved.
292. – three months of humanitarian assistance were approved for Mr. Wilson Castro, identity card No. 73, 085,187. Personal scheme.
293. By Decision No. 4 of April 2002
294. – three months of humanitarian assistance and international tickets were approved for Mr. Juan Carlos Galvis;
295. – a security study was approved for the Valledupar office.
296. By Decision No. 5 of April 2002
297. – to allocate six-monthly national tickets on the following routes: Bogotá-Pasto-Bogotá; Bogotá-Valledupar-Bogotá; Bogotá-Barranquilla-Bogotá; Bogotá-Medellín-Bogotá; Bogotá-Cali-Bogotá; and Bogotá-Bucaramanga-Bogotá;
298. – to allocate a three-month extension of humanitarian assistance to Mr. Luis Adolfo Cardona, identity card No. 3,366,106;
299. – to allocate a three-month extension of humanitarian assistance, bullet-proof jacket and avantel radio to Mr. Wilson Castro, identity card No. 73,085,187.
300. – to allocate three months of humanitarian assistance, bullet-proof jacket and avantel radio to Mr. Luis Hernán Manco;
301. – three months of humanitarian assistance are allocated to Mr. Oscar Giraldo;
302. – an armoured vehicle is assigned under a personal scheme to Juan Carlos Galvis in Barrancabermeja;
303. – two avantel radios are assigned to Oscar Tascón Abadía, vice-president, Valledupar branch, identity card No. 6,196,595 and Oswaldo Enrique Silva Ditta, president, Valledupar branch;
304. – the officials of this union are reviewing the need to implement a protection scheme for the Valledupar subcommittee. They will notify the programme of their decision in writing;
305. – to review of the closed circuit televisions system at the Bogotá office;
306. – to prioritize armour protection for the Valledupar office – in accordance with the recommendations of the security review, the internal door of the office will also be armoured. It will be a priority in the contracting of armour protection;
307. – it is necessary to supplement the scheme approved for Bogotá with an additional avantel radio and new arms (under DAS management).
308. By Decision No. 8 of May 2002
309. – international air tickets were approved for Ms. Marelvis Mieles, daughter of Víctor Mieles of SINALTRAINAL, her husband and daughter, subject to fulfilment of the requirements. Humanitarian assistance for two months was approved as a grant;
310. – she had already received three months of humanitarian assistance under Decision No. 20 of 2001.
311. By Decision No. 11 of June 2002
312. – a personal scheme was approved for Mr. Jaime Santos Deán;
313. – a personal scheme was approved for Mr. William Mendoza Gómez. Up to now, land transport assistance of 192 hours is in effect. Three bullet-proof jackets were approved for the collective scheme to the Barrancabermeja subcommittee;
314. – by Decision No. 15 of 18 September 2002, he was granted an avantel radio and three months of humanitarian assistance;
315. – a personal scheme was approved for Mr. Robinson Domínguez Romero;
316. – three months’ humanitarian assistance was approved for Mr. Adolfo Múnera López on a month by month basis;
317. – by Decision No. 15 of 18 September 2002, a personal scheme and transport assistance of 192 hours per month for the duration of the scheme was approved for Mr. Efraín Guerrero Beltrán, president of the Bucaramanga branch. He also has two means of communication, a mobile phone and avantel radio.
318. By Decision No. 13 of 22 July 2002
319. – an additional bodyguard was approved for the scheme provided to Mr. Juan Carlos Galvis.
320. Union offices
321. Barrancabermeja, Bogotá, Valledupar, Valle, Cúcuta.
322. Bogotá: collective scheme for the executive board.
323. Barrancabermeja: personal scheme for Juan Carlos Galvis.
324. Actions implemented to date
325. (1) Armour protection installed:
326. – Popayán office
327. – Medellín office
328. – Buga La Grande office
329. – Barrancabermeja office
330. – Cali office
331. (2) Armour protection to be installed:
332. – Residence of Guillermo Qucieno and Luis Javier Correa
333. – Valledupar office
334. – Bucaramanga office
335. By Decision No. 5 of 17 March 2003
336. – the case of the Descuebradas branch, Risaralda, was presented, requesting review of the armour protection at the union’s office. The CRER recommended a reassessment of the security of the union’s installations.
337. By Decision No. 7 of 26 May 2003
338. – the case of Gerardo Cajamarca Alarcón, of the Facataiva branch was considered. He was granted an avantel radio, bullet-proof jacket and a personal security scheme.
339. B. Precautionary protection schemes for officials of the Petroleum Industry Workers’ Trade Union
340. (USO) (22 July 2003)
341. 421. In response to the communication sent by the Ministry of the Interior and Justice on 2 November 2001 to Dr. Alberto Calderón Sultan, president of ECOPETROL, a process of coordination was initiated with the national police, the Department of Administrative Security and ECOPETROL, in order to join forces to provide protection to USO officials.
342. 422. At the invitation of the Vice-Minister of the Interior, the Ministry’s protection programme met on Thursday 20 December and Wednesday 26 December 2001, with the abovementioned institutions and officials of the Petroleum Industry Workers’ Trade Union, to work on the main conflicts in each area and the presence of the various actors outside the law, in terms of the risk and threat that they represent to the union officials. The following agreements were reached:
343. – to conclude an inter-administration agreement between ECOPETROL, DAS and the Ministry of the Interior to channel budgetary resources and harmonize protection schemes for USO officials;
344. – to undertake the respective risk assessments for members of USO subcommittees and security reviews at branch offices;
345. – to contact the departmental and municipal authorities (Santander, North Santander, Casanare Meta, Bolívar, Magdalena, Huila, Putumayo) with a view to coordinating the arrangements necessary for the protection of the union officials.
346. 423. The witness and threatened persons protection programme has provided 42 mobile phones and two avantel radios to USO officials. Protection schemes including bodyguards, vehicles, radios, arms and bullet-proof jackets have been provided to:
347. – Gabriel Alvis Ulloque
348. – Hernando Hernández Pardo*
349. – Julio Carrascal*
350. – Jorge Gamboa*
351. – Edgar Mójica
352. (*) the vehicles for these schemes were supplied by ECOPETROL.
353. 424. In response to the request submitted on 9 January 2002, the Risk Assessment and Control Committee of the witness and threatened persons protection programme of the Ministry of the Interior approved the following schemes for the Petroleum Industry Workers’ Trade Union at its meetings of 10 and 14 January of this year.
354. – assignment and implementation of two personal protection schemes for officials Hernando Meneses and Daniel Rico;
355. – approval of three collective protection schemes for the Barrancabermeja subcommittee members;
356. – approval of one collective protection scheme for Cartagena;
357. – approval of one collective protection scheme for USO – Puerto Salgar;*
358. – approval of one collective protection scheme for Orito;
359. – approval of one collective protection scheme for Apiay;
360. – approval of one collective protection scheme for the national executive Board;
361. The collective protection schemes are assigned three bodyguards, but the schemes marked with an asterisk (*) have an additional bodyguard and include arms, bullet-proof jackets, means of communications and vehicle. The bodyguards are appointed after the relevant vetting by the DAS and are provided as personal bodyguards trusted by those protected. These protection schemes are implemented in coordination with ECOPETROL and the DAS.
362. Based on the results of the risk assessments for officials and security reviews of the union offices requested on 17 December 2002 from the DAS and the national police respectively, the necessary measures will be taken to armour the offices and assign new protection schemes.
363. 425. As a policy measure, a letter was sent from the office of the Minister of the Interior requesting the departmental and municipal authorities in Santander, North Santander, Casanare-Meta, Bolívar, Magdalena, Huila and Putumayo to coordinate the protection schemes within their jurisdiction and to identify alternatives for the protection of these officials, in conjunction with the law enforcement agencies. On 21 March 2002, the inter-administration agreement was signed between ECOPETROL, the DAS and the Ministry of the Interior to channel the necessary budgetary resources through FONADE to implement the protection schemes and harmonize protection schemes for these union officials. It should be noted that under this agreement, ECOPETROL will finance the cost of implementing ten (10) protection schemes recently approved by the CRER at its meetings of 10 and 14 January this year, as well as five (5) schemes which were operating with ECOPETROL and DAS support.
364. 426. These schemes involve the acquisition of the following items:
365. – 47 pistols;
366. – 15 submachine guns;
367. – 55 bullet-proof jackets;
368. – 30 avantel radios;
369. – 15 vehicles, including two armoured;
370. – hiring of 45 bodyguards, with their respective life insurance policies.
371. 427. In addition, personal protection schemes have been implemented for Juan Ramón Ríos Monsalve (29 January 2003), USO National General Secretary, and Edgar Mojica Vanegas (5 April 2002), USO National Press and Public Relations Secretary.
372. 428. ECOPETROL, as a result of the negotiations with its workers, now has the following protection measures:
373. – eight-hour transport assistance, when the officials travel to another city;
374. – security assistance, amounting to 40 per cent of the value of the official’s travel costs;
375. – relocation of threatened officials;
376. – assignment of bodyguards;
377. – surveillance;
378. – vehicles for officials’ travel;
379. – air tickets for employee transport.
380. 429. By Decision No. 38 of May 2003, ten communications devices, avantel radios, were issued to the Magdalena Medio branch. By Decision No. 9 of 16 July 2003, 20 communications devices, avantel radios, were approved for the Cantagallo and Neiva branch; for the Orito branch committee, an additional ten mobile phones were approved. In addition, armour protection was approved for the following branches:
381. (1) USO National Executive Board
382. (2) USO Cantagallo branch
383. (3) USO Arauca branch
384. (4) USO Apiay Meta branch
385. (5) USO Cartagena Bolívar branch
386. (6) USO Neiva Huila branch
387. (7) USO Casabe Yondo branch
388. (8) USO Medellín branch
389. C. Protection measures adopted for the National Union of Farm Workers (SINTRAINAGRO)
390. Communications sent by the Ministry of the Interior and Justice Protection Programme to the Human Rights Coordinator in the Ministry of Social Protection:
391. 1. Communication No. 002896 of 7 May 2003:
392. In this communication, the Ministry of the Interior Protection Programme states that: “(…) as regards the information that you (the Human Rights Coordinator in the Ministry of Social Protection) require concerning protection measures adopted for the members of the union (SINTRAINAGRO) under this Programme, we wish to inform you that the National Executive of that organization was granted 192 hours per month transport for eight months in 2001 (…).
393. (…) In addition, the Programme has accepted as beneficiaries Mr. Medardo Cuesta Quejada, treasurer of the National Executive Board, Libardo Florez Chávez, union vice?president, Pedro Pablo Barbosa, president of the Turbo branch and Edgar Payares Barrio, member of the Apartadó, Antioquia executive board, all of whom were granted with three hard personal security schemes. In addition, Mr. Manuel Gómez Ricardo, of the National Executive Board was provided with preventive security measures at his home by the national police (…)”.
394. 2. Communication No. 03381 of 27 May 2003:
395. In this communication, the Ministry of the Interior Protection Programme states that: “(…) with respect to your request for information about the protection measures adopted for members of the National Union of Farm Workers (SINTRAINAGRO), I am pleased to inform you that the national police was asked to adopt the protection measures appropriate to each case, and a risk assessment and study of the degree of threat to the trade unionists was requested, in order to ascertain their vulnerability. Once the results of the study have been received, the cases will be presented to the Risk Assessment and Control Committee (CRER) of the witness and threatened persons protection programme, headed by this Directorate, for adoption of the new security measures (…)”.
396. 3. Communication from the chief of the Special Protection Office in the Department of Administrative Security (DAS), No. 27765 of 7 July 2003 to the Human Rights Coordinator:
397. “(…) I have pleasure in informing you that this institution is in the process of changing the arrangements for hired bodyguards under the National Government’s Special Security Programme, whereby it is sought to depersonalize and form a body of bodyguards in the service of this programme. The personnel have therefore been reassessed, to ensure that they meet the minimum standards set by the Risk Assessment and Control Committee (CRER). As regards the SINTRAINAGRO protection schemes, they have already accepted the security and are reviewing their previous bodyguards who will be re-hired if they pass the process (…)”.
398. D.1. Investigation into illegal coercion of officials of the Risaralda CUT
399. José Vicente Villada Carvajal, Antonio Ramírez, Bernardo Bernal Alvarez, Ms Gloria Inés Ramírez Ríos, Diego María Osorio Montes, Jhon Jairo Loaiza, Ubenney Morales, Javier Duque Murillo, William Gaviria Ocamp and Gustavo Ramírez.
400. Date and place: 22 October 2003 in Pereira, Risaralda
401. File No: 107503
402. Authority: Prosecutor’s Office No. 24, Pereira economic section
403. Stage: preliminary
404. Current status: active
405. Latest actions: 10 November 2003, tasks were assigned to officials of the criminal police
406. D.2. Measures adopted for social and union leaders in Risaralda by the Ministry of the Interior and Justice
407. (1) Diego María Osorio (CPDH) has a mobile phone under the Programme. By Decision No. 14 of 24 July 2002, the Risk Assessment and Control Committee (CRER) recommended the allocation of a hard personal security scheme. He currently has a scheme provided by the UP. Preventive protection measures were requested from the national police. The recent threats were reported to the Attorney-General’s Office. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003.
408. (2) Gloria Inés Ramírez Ríos, CUT Executive, has a personal security scheme provided by the Programme and a mobile phone. Preventive security measures were requested from the national police. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow her to leave the risk area temporarily with her family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003.
409. (3) Carlos Alberto Ayala Murillo, SER Communications Secretary, member of the Frente Social y Político. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
410. (4) William Gaviria Ocampo, president of UNEB, Risaralda and secretary of the Frente Social y Político. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
411. (5) Fernando Arias Guapacha, general secretary of the Frente Social y Político. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
412. (6) Jhon Jairo Loaiza, UNIMPTPR official. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
413. (7) Antonio José Ramírez Arias, attorney of the CUT, Risaralda and UNIMOTOR. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
414. (8) Bernardo Bernal Alvarez, vice-president of the CUT, Risaralda, president UNIMOTOR. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
415. (9) María Eugenia Londoño, SER attorney. The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003. Preventive security measures were requested from the national police.
416. (10) Vicente Villada, president of the CUT, Risaralda. Preventive security measures were requested from the national police. By Decision No. 16 of 31 October 2002, it was recommended to allocate one mobile phone which has already been given to him. Medium risk level, according to the DAS assessment of 3 April 2003. A personal security scheme was approved for him The extraordinary meeting of the CRER on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued. The humanitarian assistance was put in place and could be claimed from 6 November 2003.
417. Measures for organizations
418. - By Decision No. 14 of 2002, armour protection was approved for this office of the Single Confederation of Workers, Risaralda branch, and is being installed.
419. - The office of the Risaralda Teachers’ Union (SER) has had armour protection since the end of last year.
420. - The extraordinary meeting of the CRER of 27 October 2003 recommended the allocation of 4 collective schemes for the following Risaralda organizations: the Single Confederation of Workers (CUT), the Drivers’ Union (UNIMOTOR), the Frente Social y Político Party and the Risaralda Teachers’ Union. They are currently being established.
421. D.3. Measures taken by the Risaralda Police Department concerning the insecurity of trade union officials in Risaralda
422. Colonel José Aristides Puente Blanco, Chief of the Risaralda Police Department, informed the Lieutenant Colonel, coordinator of the National Police Human Rights Group concerning the security measures being implemented with regard to the alleged threats against officials of the Risaralda branches of the CUT, UNIMOTOR, Risaralda Teachers’ Union and Travelling Salesmen’s Union.
423. - Taking into account the information received in this Department concerning the alleged threats against trade union officials, a coordinating meeting was held on 14 October 2003 at the Police Headquarters, with officials and representatives of the CUT, the operations deputy chief, Chief of the First District, SIJIN, SIPOL and the Human rights Coordinator, to analyse the conditions and guarantees of the conduct of trade union activity and existing precautionary measures, among other things.
424. - The Chief of the SIPOL gave an analysis of the two leaflets sent to the CUT officials, and said that they did not originate from a self-defence group operating in that area of the country, nor did they match the ideology of that type of illegal organization.
425. - On 24 October 2003, a security council meeting was held at the Risaralda police headquarters, with the participation of various authorities, the Commander of the San Mateo Battalion, Departmental and local government secretaries, regional and provincial prosecutors, the regional director of the Attorney-General’s Office, Municipal staff, the OIT Director, the Director of the DAS and representatives of the threatened unions. At the meeting, the trade union officials explained the current situation concerning threats and asked for their request for security measures to be granted. The State security agencies also described the activities and services that they were performing to safeguard the officials fundamental rights. In conclusion, it was said that the security measures for the threatened unionists must be stepped up, with a commitment by the DAS to arrange in Bogotá the dispatch of personnel and vehicles necessary to satisfy the various requests, to examine the leaflets sent to the union leaders thoroughly, to determine their authenticity, to enhance intelligence activities and post a permanent surveillance on trade union officials during the election period.
426. - The intelligence section analysed the leaflets, conducted security studies and risk assessments and provided advice to the officials on personal security measures and protection of premises, issuing them with the book “Guide to self-protection for public officials and candidates”. They were also reminded that they should immediately inform any police unit or State security agency of any unusual situation.
427. - The criminal police section is carrying out the relevant investigations and police patrolling of the union and political offices of the organizations concerned.
428. - Pereira Station assigned a permanent police post to CUT headquarters and surveillance was intensified under existing police regulations, and there is also a mobile patrol responsible for keeping union and political offices under constant watch.
429. - It should be emphasized that the allegedly threatened unions work in the CUT headquarters and these premises provide the appropriate security measures.
430. 430. In its communication of 8 September 2003, the Government states once again that Colombia is making a notable inter-institutional effort to compile and process the information required in order to present a complete and detailed report.
431. 431. Once again, the Government states that, in the case of complaints where it is indicated that no criminal investigation is in process, it is because they are rather general complaints, which in some cases state neither the place nor the exact date of the incidents, thus making it impossible to find the case in the section prosecutor’s office concerned. Likewise, it may happen that the preliminary investigation is not even being pursued, either because a complaint was never lodged or because the incident never happened. Such allegations, in particular, are treated as not subject to judicial proceedings. For this reason, in his verification work, the Human Rights Coordinator in the Ministry of Social Protection maintains constant communications with all the trade unions, in order to allay doubts and concerns to which the abovementioned cases give rise regarding the occurrence of the incidents and respect for the status of union leader or official of the victim of the violation. Up to the date of this report, the Ministry of Social Protection says that there has been full collaboration with the trade unions.
432. 432. As regards protection of trade unionists and union leaders, the Government reports the persons who were beneficiaries of the Ministry of Interior and Justice Protection Programme at the time of the occurrence of the violent incidents, as well as the persons who are currently protected by the Programme. In addition, the Government wishes it to be noted that the majority of the complaints included in the 331st Report as “new allegations” concern incidents that occurred in 2000, 2001 and 2002, and thus are not new, although the Government nevertheless provides answers concerning them.
433. 105 new allegations
434. 84 murders
435. 41 preliminary stage – active
436. 12 preliminary stage – inhibitory
437. 7 preliminary stage – suspended
438. 5 preliminary stage – provisionally archived
439. 3 institution of judicial proceedings – active pending determination of the merit of the summary
440. 2 institution of judicial proceedings – charges made
441. 3 institution of judicial proceedings – persons arrested
442. 4 at trial (effective conviction)
443. 7 where the investigation is not being pursued for lack of information about the complaint or because the alleged victim is alive.
444. 1 abduction
445. 1 preliminary stage.
446. 8 detentions
447. 4 institution of judicial proceedings – active to define the legal position
448. 2 at trial in public hearing
450. 1 investigation closed and the person released
451. 1 where the investigation is not being pursued for lack of information about the complaint.
452. 40 threats
453. 27 preliminary stage – active
454. 3 preliminary stage – suspended
455. 2 institution of judicial proceedings – active with persons arrested
456. 8 where the investigation is not being pursued for lack of information about the complaint.
457. 5 acts of violence
458. 2 preliminary stage – active
459. 2 institution of judicial proceedings – charges and detention
460. 1 where no information into the SINTRAEMCALI investigations was given since the Government answered that complaint in its previous reply to the 330th report of the Committee on freedom of Association.
461. 63 allegations in Appendix I
462. 27 murders
463. 4 preliminary stage – active
464. 2 preliminary stage – inhibitory
465. 2 preliminary stage – suspended
466. 1 institution of judicial proceedings
468. 18 where the investigation is not being pursued for lack of information about the complaint or where the person died of natural causes.
469. 6 abductions and disappearances
470. 3 preliminary stage – active
472. 1 preliminary stage – inhibitory
473. 2 where the investigation is not being pursued for lack of information about the complaint.
474. 3 attempted murders
475. 1 preliminary stage – active
476. 2 where the investigation is not being pursued for lack of information about the complaint.
477. 17 death threats
478. 3 preliminary stage – active
479. 1 preliminary stage – inhibitory
480. 1 at trial – preclusion
481. 12 where the investigation is not being pursued for lack of information about the complaint.
482. 4 harassments
483. 1 preliminary stage – active
484. 1 at trial – active
485. 2 where the investigation is not being pursued for lack of information about the complaint.
486. 5 sendings of civilians to a war zone
487. See the relevant information at the end of the report.
488. Total: 168 complaints.
489. 433. All of them are answered, even in some cases when it was not possible to establish whether a criminal investigation is in progress, since the complaint is expressed in general terms, making it impossible to trace the investigation. The Government also states that of the 168 complaints raised, 35 do not concern the population examined by this Committee, since after checking, it was found that some cases did not involve a trade unionists, in others death was from natural causes or reasons unconnected with trade union activity and in others, the alleged victim is free or alive. Consequently, it is respectfully requested that until such time as the complainant organizations provide information to the contrary, the following names should be removed from case No. 1787 of the Committee on Freedom of Association: Darwin Salcedo, Carlos Julio Vega Ríos, Florentino Suárez, Hernando Portillo Moreno, Dionila Vitonas Chilueso, Alirio Vargas Sepúlveda, Marco Antonio Salazar, Mauricio Angarita, Cristina Echeverri, Francisco Sarmiento, Barquel Ríos, Carlos Emilio Vélez, José Orlando Céspedes, Santiago Flor María, Heliodoro Sánchez, Miguel Segura, Jaen Blandón, Luis Eduardo Castaño, Edison de Jesús Toro, Luis Eduardo Vélez Arboleda, Gema Lucía Jaramillo, Yaneth Igarguren, Luis Eduardo Guzmán Alvarez, Fredy Perilla Montoya, Soraya Patricia Díaz, Augusto de Jesús Palacio Restrepo, César Arango Mejía, Molena Pereira Plata, Giovanni Uyazán Sánchez, Rosario Vela, Rusbel.
490. Murders
491. 434. Information is provided below on the investigations being conducted (investigating authority, parties, stage of the proceedings, current status, organization and office of the victim at the time of the incident and presumed motives) by the Attorney-General’s Office into the alleged murders. Unfortunately, it has been impossible to locate all the investigations given the general terms in which the complaint is presented. However, it should be noted that the Government has made a considerable effort to compile the information and to ensure that all the incidents are subject to judicial process in order to combat the high levels of impunity.
492. (1) Darwin Salcedo, member of ADUCESAR, César, on 28 January 2000, in the Department of César:
493. Victim: Darwin Salcedo
494. File No: 121951
495. Authority: Special Prosecutor’s Office No. 23, Valledupar
496. Stage: preliminary – inhibitory from 24 September 2001
497. Facts: massacre (11 persons) in Astrea, César, on 28 January 2000
498. The president of ADUCESAR, Mr. Francisco Rinaldy Robles, reported on 1 August 2003 to the Human Rights Office in the Ministry of Social Protection that Mr. Salcedo, a local teacher murdered in the municipality of Astrea was not a member of that organization.
499. (2) Carlos Julio Vega Ríos, member of ADUCESAR, on 5 March 2000:
500. Víctim: San Roque, César, 5 March 2000
501. File No: 5419
502. Authority: Prosecutor’s Office No. 22, Chiriguaná section, Valledupar
503. Stage: preliminary – suspended 18 April 2001
504. Status: suspended
505. Motives: unknown
506. The president of ADUCESAR, Mr. Francisco Rinaldy Robles, reported on 1 August 2003 to the Human Rights Office in the Ministry of Social Protection that Mr. Vega, a local teacher murdered in the municipality of La Juaga, Ibírico was not a member of that organization.
507. (3) Florentino Suárez Betancourt, member of ADIDA, on 17 May 2000, in the Department of Antioquia:
508. File No: 24982
509. Authority: Prosecutor’s Office No. 4, Neiva
510. Offence: murder and personal injury for terrorist purposes
511. Stage: institution of judicial proceedings against FARC leadership and legal position dated 12 February 2003, for the offence of terrorism, multiple aggravated homicide, conspiracy to commit offences and rebellion
512. Facts: 7 May 2000, at the exit of the municipality of Gigante in the direction of Garzón, a bus belonging to the Cootranslaboyana company, registration number BZE 654 travelling on the Neiva-Pitalito road was attacked by a bomb thrown at it followed by shots whereupon the bus crashed and caught fire, resulting in the death of six persons including Florentino Suárez Betancourt and others who were wounded
513. The national president of ADIDA, Mr. Luis Alfonso Londoño informed the Human Rights Office in the Ministry of Social Protection on 11 August 2003 that Mr. Florentino Suárez did not appear in the union’s database and he therefore did not know whether or not he was a registered teacher and whether he was a member of the union.
514. (4) Jesús Antonio Posada Marín, member of ADIDA, in 11 May 2000:
515. Facts: Puerto Triunfo – Aquitania, Antioquia, on 11 May 2000
516. File No: 1441
517. Authority: Prosecutor’s Office No. 22, Puerto Triunfo section
518. Stage: preliminary – suspended 26 February 2001
519. Organization: member of ADIDA.
520. (5) Nelson Romero Romero, member of ADEM, on 7 June 2000:
521. File No: 22343
522. Authority: National Human Rights and International Humanitarian Law Unit, Villavicencio office
523. Stage: preliminary
524. Organization: member of ADEM.
525. Motives: to be established
526. (6) Reynaldo Mora Gómez, member of SIMATOL, on 14 June 2000, in San Antonio, Department of Tolima:
527. File No: 49155
528. Authority: Prosecutor’s Office No. 5, Ibaqué section, Personal Freedom Unit
529. Offence: aggravated homicide
530. Stage: Trial. On 19 April 2001, the prosecutor’s office charged Enoc Capera Trujillo and Eduardo Fajardo (FARC). The case is currently with the criminal court of the Chaparral, Tolima circuit, awaiting a date to be fixed for the public hearing.
531. Motives: for his trade union activity – member of SIMATOL
532. (7) Hernando Portillo Moreno, member of ASINORT, on 17 June 2000, in Ocaña, Department of North Santander:
533. File No: 2000-0477
534. Authority: prosecutor’s office, Cúcuta section directorate
535. Stage: preliminary – suspended
536. Organization: ASINORT
537. Motives: to be established
538. (8) María Mez Pabón, member of EDUMAG, on 11 August 2000, in Pivijay, Department of Magdalena:
539. The Santa María section directorate of prosecutions reports that after consulting each of the prosecutors’ offices in its section and the judicial information system of the prosecution service (SIJUF), no investigation is being conducted into this murder. Further information is required to assess whether a prosecution is viable.
540. The president of the Magdalena Teachers’ Union, EDUMAG, Ms. Carlina Sánchez Marmolejo, informed the Human Rights Office in the Ministry of Social Protection that Ms. María Meza Pabón was a member of that trade union.
541. (9) Luis Angel Ramos Mesa, member of ADIDA, on 27 October 2000 in Granada, Antioquia:
542. File No: 1618
543. Facts: Bodeguitas Estate “El Santuario”, Antioquia, 24 October 2000
544. Authority: National Human Rights and IHL Unit, Medellín office
545. Stage: preliminary – active
546. Organization: ADIDA member
547. Motives: to be established
548. (10) José Orlando López Gil, member of ADIDA, on 3 November 2000, in Guatape, Antioquia:
549. File No: 2823
550. Authority: prosecutor’s office, Marinilla section, Antioquia
551. Stage: inhibitory
552. Organization: ADIDA member
553. Motives: to be established
554. (11) Edilberto Arce Mosquera, member of ADIDA, on 11 November 2000, in Yarumal, Department of Antioquia:
555. File No: 3960
556. Authority: prosecutor’s office, Yarumal section
557. Stage: preliminary – suspended
558. Organization: ADIDA member
559. Motives: to be established
560. (12) Javier Aníbal Amaya Rafael, Quiceno, member of ADIDA, on 11 November 2000, in Antioquia:
561. File No: 19270
562. Authority: Prosecutor’s Office No. 45, Bello section
563. Stage: preliminary – suspended
564. Organization: ADIDA member
565. Motives: to be established
566. (13) Jairo Germán Delgado Ordoñez, member of SIMANA, on 13 November 2000, in Linares, Department of Nariño:
567. Victim: Germana Alfredo Delgado Ordoñez
568. Offence: murder
569. Authority: Prosecutor’s Office No. 4, Pasto section
570. File No: 27094
571. Stage: preliminary – active
572. Motives: to be established
573. Organization: SIMANA member
574. (14) Dionila Vitonas Chilueso, member of SUTEV, on 8 December 2000, in Florida, Department of Valle:
575. File No: 182307
576. Authority: Prosecutor’s Office No. 136, Florida section, Valle
577. Stage: preliminary – active
578. a teacher working in a Florida school: while she was at work, they came and murdered her and Mr. Elber Valencia
579. The president of the Valle Single Education Workers’ Trade Union (SUTEV), Stella Domínguez, informed the Human Rights Office in the Ministry of Social Protection that “this colleague was an active teacher but was not a member of our trade union (…). We know that she completed the application form but she never submitted it”.
580. (15) Alirio Vargas Sepúlveda, member of FECODE, on 23 March 2001, in the Department of Antioquia:
581. Offence: murder
582. Facts: Puerto Boyacá, 23 March 2001
583. Victim: Luis Alirio Vargas Sepúlveda
584. File No: 2319
585. Authority: prosecutor’s office, Puerto Boyacá section, in the Manizales Directorate of Prosecutions
586. Stage: preliminary – archived 15 March 2002, inhibitory, article 327 of the Criminal Procedures Code
587. The national president of ADIDA, Mr. Luis Alfonso Londoño informed the Human Rights Office in the Ministry of Social Protection on 11 August 2003 that Mr. Alirio Vargas Sepúlveda did not appear in the union’s database and he therefore did not know whether or not he was a registered teacher and whether he was a member of the union.
588. (16) Faustino Antonio Barrios Barrios, member of ADEA, on 18 January 2002, in Malambo, Department of Atlántico:
589. File No: 1300
590. Authority: Prosecutor’s Office No. 2, Soledad section
591. Offence: murder
592. Stage: preliminary – inhibitory from 15 November 2002
593. Organization: ADEA
594. Motives: To be established
595. (17) Gabriel Enrique Quintana Ortiz, member of SUDEB, on 25 January 2002, in San Estanislao, Department of Bolívar:
596. Offence: murder
597. Facts: on 25 January 2002 in the San Estanislao Kotska High School, Department of Bolívar
598. File No: 87114
599. Authority: Prosecutor’s Office No. 30, Cartagena Homicide Unit
600. Stage: preliminary – inhibitory from 30 January 2003
601. Motives: to be established
602. Organization: member of the Bolívar Teachers’ Union (SUDEB)
603. (18) Carlos Miguel Padilla Ruiz, member of EDUMAG, on 29 January 2002, in Plato, Department of Magdalena:
604. File No: 29156
605. Authority: Special Prosecutor’s Office No. 1, Santa Marta
606. Stage: preliminary – active
607. Organization: EDUMAG
608. Motives: unknown
609. (19) Nelly Avila Castaño, member of AICA, on 1 February 2002, in Milán, Department of Caquetá:
610. File No: 2309
611. Authority: Special Prosecutor’s Office No. 2, Florencia
612. Stage: preliminary – active
613. Motives: to be established
614. The general secretary of the Caquetá Teachers’ Association (RICA), Hollman Sierra, informed the Human Rights Office in the Ministry of Social Protection that Ms Nelly Castaño Avila was a member of that trade union registered with the Secretariat of Education.
615. (20) Marco Antonio Salazar, member of SIMANA, on 7 February 2002, in the Department of Nariño:
616. Facts: Pasto, 7 January 2001
617. Victim: Marco Antonio Salazar Prada
618. File No: 1137
619. Authority: National Human Rights and IHL Unit
620. Stage: preliminary – active
621. Organization: he was not a member of SIMANA
622. Motives: to be established
623. The Ministry of the Interior and Justice Protection Programme reported that Mr. Marco Antonio Salazar Prada was presented as a student leader of Nariño University and his death occurred on 7 January 2002. The case was proceeding, further information had been requested, as well as confirmation from the students’ union and the DAS was asked to undertake the risk assessment study. It was also established that Mr. Salazar Prada’s father was being assisted under the programme, but the requested protection measures and the inclusion of members of the family had not been included by the applicant organization.
624. (21) Mauricio Angarita, member of ASINORT, on 11 February 2002, in Cúcuta, North Santander:
625. The Cúcuta directorate of prosecutions reports that after consulting each of the prosecutor’s offices belonging to the directorate and the Judicial Information System of the prosecution service (SIJUF), there is no investigation in progress into the murder of Mauricio Angarita. However, the Directorate reports that an investigation is in progress into the murder of Mauricio Gardira Espinoza, the facts and circumstances of which match the present complaint.
626. Victim: Mauricio Gardira Espinoza
627. Offence: murder
628. Facts: Villa Paz de Tibú district, on 20 February 2002
629. Authority: Prosecutor’s Office No. 3, Cúcuta section homicide unit
630. Stage: preliminary – inhibitory from 28 March 2003
631. File No: 42318
632. Office: English language teacher teaching in Tibú at the Koe Corporation institute
633. The president of the North Santander Teachers’ Association (ASINORT) informed the Human Rights Office in the Ministry of Social Protection that Mr. Mauricio Angarita was not a member of that association.
634. (22) Cristina Echeverri Pérez, member of EDUCAL, on 15 February 2002, in Manizales, Department of Caldas:
635. File No: 49413
636. Facts: 23 June 2001, Alejandría estate, Anserma district, Caldas
637. Offence: kidnapping for ransom and murder
638. Authority: second Special Prosecutor’s Office, Manizales, attached to the Caldas Gaula Group
639. Stage: the prosecutor’s office formally linked the investigation to several persons, the majority of whom were arrested and are now awaiting sentence by the special Manizales criminal circuit court for the offences of kidnapping for ransom, murder and rebellion. One of the suspects is currently in detention on remand
640. Organization: Ms. Echeverría Pérez was a teacher in the private sector at the Santa Inés College in Manizales, but was not a member of the Caldas United Teachers’ Union and Social Organization (EDUCAL). This was confirmed by the vice-president of the EDUCAL Manizales branch, Rubio Ariel Osorio González.
641. (23) Francisco Sarmiento Yepes, member of ADES on 16 February 2002, in Sincelejo, Department of Sucre:
642. File No: 21989
643. Authority: Special Prosecutor’s Office 1, Sincelejo
644. Victim: Francisco Sarmiento Yepes
645. Facts: Sincelejo, 19 February 2002
646. Stage: institution of judicial proceedings. The case is being conducted by the prosecutor’s office, pending declaration of the accused in their absence.
647. Motives: to be established
648. Organization: he was a member of the Sucre Teachers’ Association (ADES) but was not involved in any trade union activity and was not a member of the Association’s executive board, according to information provided by the president of ADES, Mr. Salvador Vanegas Carcamo to the Human Rights Office in the Ministry of Social Protection
649. (24) Rubén Darío Campuzan, member of ADIDA, on 16 February 2002, in the Department of Antioquia:
650. File No: 3111
651. Authority: Prosecutor’s Office No. 86, Girardot section, Antioquia
652. Stage: preliminary inhibitory: the perpetrators were not identified, the motives for the crime are not known, provisionally archived
653. Motives: to be established
654. Organization: according to the president of the union, Luis Alfonso Londoño on 11 August 2003, he was a member of ADIDA
655. (25) Barquel Ríos Mena, member of ADIDA, on 18 February 2002, in San Carlos, Department of Antioquia:
656. Victims: Berkeley Ríos Mena and Manuel Santo Rentería Rentaría
657. Offence: homicide for terrorist ends
658. File No: 575501
659. Authority: Special Prosecutor’s Office 15, Medellín
660. Stage: preliminary – active
661. Organization: the president of the union, Luis Alfonso Londoño confirmed that he was not a member of ADIDA
662. Motives: to be established
663. (26) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín:
664. The Medellín section directorate of prosecutions reports that after consulting all the prosecutor’s offices attached to the directorate and the judicial information system of the prosecution service (SIJUF), no investigation is being conducted into this murder. Further information is required to assess whether criminal proceedings are viable.
665. The president of ADIDA, Mr. Luis Alfonso Londoño informed the Human Rights Office in the Ministry of Social Protection on 11 August 2003 that Mr. Edison de Jesús Castaño worked in the private sector but did not mention his membership of the union.
666. (27) Wilfredo Quintero Amariles, member of ADIDA, on 25 February 2002, in Medellín:
667. File No: 535563
668. Facts: 25 February 2002, in Medellín
669. Stage: preliminary – active
670. Authority: Prosecutor’s Office No. 112, Medellín section
671. Organization: ADIDA, he was working in the private sector
672. Motives: not established
673. (28) Manuel Alberto Montañez Buitrago, member of ASINORT, on 25 February 2002, in el Tarra, Department of North Santander:
674. Victim: Manuel Alberto Montañez Buitrago
675. File No: 50731
676. Authority: Cúcuta section directorate of prosecutions
677. Stage: institution of judicial proceedings – preparation of indictment
678. Organization: ASINORT
679. (29) Carlos Emilio Vélez Correa, member of ADIDA, on 9 March 2002, in San Antonio de Prado, Antioquia:
680. File No: 541050
681. Facts: 8 March 2002, in Medellín
682. Authority: Prosecutor’s Office No. 7, Medellín section
683. Stage: preliminary – suspended
684. Organization: he was not a member of ADIDA nor a trade unionist
685. Motives: to be established
686. (30) José Orlando Céspedes García, member of ASEDAR, on 24 March 2002, in Tame, Department of Arauca:
687. File No: 834
688. Authority: Cúcuta section directorate of prosecutions
689. Stage: preliminary – active
690. Organization: founder of the Arauca Teachers’ Union (ASEDAR)
691. Motives: to be established
692. It should be noted that Mr. José Orlando Céspedes was detained on 23 March 2002 by an insurgent group while travelling from the city of Arauca to Tame and was later released safe and sound after several months in captivity. This is according to the president of ASEDAR, Mr. Jaime Ernesto Carrillo on 24 July 2003 when asked by the Human Rights Office in the Ministry of Social Protection. Consequently, the Government respectfully requests that this complaint should be removed from case No. 1787.
693. (31) Oscar Calle, member of ADEM, on 29 march 2002, in Villavicencio, Department of Meta:
694. File No: 1893
695. Facts: 20 February 2002, found in a common grave in San Martín, Meta
696. Offence: homicide
697. Authority: Prosecutor’s Office No. 39, San Martín section, Meta
698. Stage: preliminary – inhibitory from 8 October 2002
699. The attorney of the Meta Teachers’ Association (ADEM), Mr. Hernán Alarcón Blanco, stated that Mr. Oscar Calle was a teacher and was murdered in the municipality of Mesetas, Meta, and that he was indeed a member of that association.
700. (32) Salatiel Piñeros, member of ADEM, on 29 March 2002, in Villavicencio, Department of Meta:
701. Victim: Salatiel Piñeros Rodriguez
702. File No: 67460
703. Authority: Prosecutor’s Office No. 35, Villavicencio section
704. Stage: preliminary – active
705. Motives: not established
706. Organization: member of the Meta Teachers’ Association (ADEM)
707. (33) Eddie Socorro Leal Barrera, member of ASINORT, on 31 March 2002, in Salazar, Department of North Santander:
708. File No: 44150
709. Authority: Cúcuta section directorate of prosecutions
710. Stage: preliminary – inhibitory
711. Organization: member of ASINORT
712. Motives: to be established
713. (34) Santiago Flor María, member of ASINORT, on 31 March 2002, in Tibu, Department of North Santander:
714. File No: 2002-0110
715. Authority: Cúcuta section directorate of prosecutions
716. Stage: preliminary – archived
717. Organization: not a member of ASINORT
718. Motives: to be established
719. (35) Freddy Armando Girón Burbano, member of ASOINCA, on 7 April 2002, in Patia, Department of Cauca:
720. Authority: Prosecutor’s Office No. 2, El Bordo section, Cauca
721. Stage: preliminary – active
722. File No: 86590
723. Motives: unknown
724. Organization: member of ASOINCA-CUT
725. (36) Miguel Acosta García, member of EDUMAG, on 13 April 2002, in Aracataca, Department of Magdalena:
726. The Santa Marta section directorate of prosecutions reports that after consulting each of the prosecutors’ offices in its section and the prosecution service judicial information system (SIJUF), no investigation is being conducted into this murder. Further information is required to assess whether a prosecution is viable.
727. The president of the Magdalena Teachers’ Union (EDUMAG) informed the Human Rights Office in the Ministry of Social Protection that Mr. Miguel Acosta García was a member of that organization.
728. (37) Heliodoro Sánchez Peña, member of ASINORT, on 19 April 2002, in Villa del Rosario, Department of North Santander:
729. Victim: Heliodoro Peña Fuentes
730. Facts: Villa del Rosario, 19 April 2002
731. Authority: Prosecutor’s Office No. 1, Patios section, North Santander
732. Offence: Homicide
733. Stage: preliminary – inhibitory from 11 February 2003
734. The president of the North Santander Teachers’ Association (ASINORT) informed the Human Rights Office in the Ministry of Social Protection that Mr. Heliodoro Sánchez Peña was not a member of that association.
735. (38) Henry Rosero Gaviria, member of ASEP, on 22 April 2002, in Puerto Guzmán, Department of Putumayo:
736. File No: 1004
737. Authority: Prosecutor’s Office No. 38, Mocoa section
738. Offence: Homicide
739. Victim: Henry Rosero Gaviria
740. Organization: member of Putumayo Teachers’ Association (ASEP)
741. Stage: preliminary – inhibitory from 3 April 2003
742. Facts: Puerto Guzmán, 22 April 2002
743. (39) Francisco Isaías Cifuentes Becocbe, member of ASOINCA, on 26 April 2002, in Popayán, Department of Cauca:
744. Facts: 26 April 2001 in Popayán, Cauca
745. Authority: National Human Rights and IHL Unit, Cali office
746. Stage: preliminary – active
747. File No: 464286
748. Motives: unknown
749. Organization: Member of ASOINCA
750. The Risk Assessment and Control Committee (CRER) of the Ministry of the Interior and Justice Protection Programme had recommended that a mobile phone and bullet-proof jacket be provided to Francisco Isaías Cifuentes, a member of ASOINCA.
751. (40) Miguel Segura Cortés, member of ASEP, on 29 April 2002, in Puerto Guzmán, Department of Putumayo:
752. The Mocoa section directorate of prosecutions reports that Prosecutor’s Office 38, Mocoa section, conducted the preliminary investigation, File No. 1004, into the murder of Miguel Segura Cortés. It established that despite initial reports that he had been murdered, according to a list of teachers murdered issued by the personnel department of Puerto Guzmán, Putumayo, the teacher was still alive and was still working at his normal place of work. His death had been reported in error.
753. (41) Jean Blandón Vargas, member of ASEP, on 29 April 2002, in Puerto Guzmán, Department of Putumayo:
754. File No: 1004
755. Authority: Prosecutor’s Office No. 38, Mocoa section
756. Offence: homicide
757. Victim: Jean Blandón Vargas
758. Stage: preliminary – inhibitory from 3 April 2003
759. Facts: Puerto Guzmán, 29 April 2002
760. Organization: according to the president of the union, Ana María Cuellar in a written communication dated 19 August 2003 to the Human Rights Office in the Ministry of Social Protection, he was not a member of the Putumayo Teachers’ Association (ASEP)
761. (42) Bertulfo Borja Clavijo, member of ASEP, on 30 April 2002, in Puerto Guzmán, Department of Putumayo:
762. The Mocoa section directorate of prosecutions reports that Prosecutor’s Office 38, Mocoa section conducted the preliminary investigation, File No. 1004, into the murder of Bertulfo Borja Clavijo. It established that despite initial reports that he had been murdered, according to a list of teachers murdered issued by the personnel department of Puerto Guzmán, Putumayo, the teacher was still alive and was still working at his normal place of work. His death had been reported in error.
763. (43) Jairo Bentancur Rojas, member of AICA, on 30 April 2002, in Florencia, Department of Caquetá:
764. Authority: Prosecutor’s Office No. 4, Florencia section
765. File No: 22641
766. Stage: preliminary – archived
767. Motives: to be established
768. Organization: AICA
769. The general secretary of the Caquetá Teachers’ Association (AICA) informed the Human Rights Office in the Ministry of Social Protection that, Mr. Bentancur Rojas was a member of that association.
770. (44) Enio Villanueva Rojas, member of AICA, on 1 May 2002, in El Paujil, Department of Caquetá:
771. Authority: Special Prosecutor’s Office 3, Florencia
772. File No: 23865
773. Stage: preliminary – active
774. Motives: to be established
775. Organization: AICA
776. The general secretary of the Caquetá Teachers’ Association (AICA) informed the Human Rights Office in the Ministry of Social Protection that, Mr. Villanueva Rojas was a member of that association.
777. (45) Ledys Pertuz Moreno, member of EDUMAG, on 6 May 2002, in Pivijay, Department of Magadalena:
778. File No: 30715
779. Authority: Special Prosecutor’s Office 2, Santa Marta
780. Stage: preliminary – active
781. Organization: EDUMAG
782. Motives: unknown
783. The president of the Magdalena Teachers’ Union (EDUMAG) informed the Human Rights Office in the Ministry of Social Protection that, Ms. Pertuz Moreno was a member of that union.
784. (46) Antonio Acosta, member of ASEP, on 12 May 2002, in Puerto Asís, Department of Putumayo:
785. Victim: Luis Antonio Acosta Zamora
786. File No: 1750
787. Authority: Prosecutor’s Office No. 43, Puerto Asís section
788. Offence: homicide
789. Organization: member of ASEP
790. Facts: Carmelita village estate, Puerto Asís, 12 May 2002. The deceased worked as a teacher at the El Cuembí school, Carmelita village estate, where he was found dead with 22 bullet wounds.
791. Stage: preliminary – inhibitory from 12 December 2002
792. (47) Fernando Olaya, member of ASEP, on 12 May 2002, in Puerto Asís, Department of Putumayo:
793. Victim: Fernando Olaya Sabala
794. File No: 1758
795. Authority: Prosecutor’s Office No. 44, Puerto Asís section
796. Offence: homicide
797. Organization: member of Putumayo teachers’ association (ASEP)
798. Facts: La Libertad Village, Alto Santamaría, Puerto Asís, 12 March 2002. It is reported that two armed men came to the school where the deceased worked, took him out and killed him about two hundred yards away.
799. Stage: institution of judicial proceedings. A person is in custody pending interrogation.
800. (48) Adriana Patricia Díaz, member of SIMANA ON 11 June 2002 in Los Salzales, Department of Nariño:
801. Victim: Adriana Patricia Díaz Jojoa
802. File No: 54007
803. Authority: Prosecutor’s Office No. 3, Pasto section
804. Stage: preliminary, suspended on 28 February 2003
805. Organization: SIMANA
806. The vice-president of the Nariño Teachers’ Union (SIMANA) informed the Human Rights Office in the Ministry of Social Protection on 29 July 2003 that Ms. Patricia Díaz was a member of that union.
807. (49) Fabio Antonio Obando Aguirre, member of AICA, on 14 July 2002, in Florencia, Department of Caquetá:
808. Authority: Special Prosecutor’s Office 2, Florencia
809. File No: 24101
810. Stage: institution of judicial proceedings – active, a person in custody under a valid arrest warrant
811. Organization: member of AICA
812. Motives: to be established
813. The general secretary of the Caquetá Teachers’ Association (AICA) informed the Human Rights Office in the Ministry of Social Protection that, Mr. Obando Aguirre was a member of that association.
814. (50) Carlos Alberto Barragán Medina, member of ASEDAR, on 20 July 2002, in Tame, Department of Arauca:
815. File No: 67679
816. Authority: Cúcuta section directorate of prosecutions
817. Stage: preliminary– active
818. Organization: member of ASEDAR since entry into the teaching profession. Until the day of his death, he was a member of the executive board of the Tame branch of ASEDAR, Arauca.
819. (51) José Olegario Gómez Sepúlveda, member of ASEDAR, on 21 July 2002, in Saravena, Department of Arauca:
820. File No: 64521
821. Authority: Cúcuta section directorate of prosecutions
822. Stage: institution of judicial proceedings – active
823. Organization: ASEDAR
824. Perpetrators: unidentified armed group
825. Motives: to be established
826. (52) Wilson Rodriguez Castillo, member of EDUMAG, on 25 July 2002 in Pivijay, Department of Magdalena:
827. File No: 34452
828. Authority: Special Prosecutor’s Office 5, Santa Marta
829. Stage: preliminary – active
830. Organization: EDUMAG
831. Motives: Unknown
832. The president of the Magdalena Teachers’ Union (EDUMAG) informed the Human Rights Office in the Ministry of Social Protection that, Mr. Wilson Rodriguez Castillo was a member of that union.
833. (53) Luis Eduardo Castaño, member of ASODEGUA, on 30 July 2002, in the Department of Guajira:
834. File No: 814
835. Offence: homicide
836. Facts: Villa Leda Farm, jurisdiction of the municipality of San Juan del César
837. Authority: Prosecutor’s Office No. 3, San Juan del César section
838. Stage: preliminary – active
839. Organization: not a member of ASODEGUA. He worked as a teacher in the Hugues Manuel Lacouture College in Junta Guajira, San Juan del César village estate.
840. Motives: unknown
841. (54) Ladislao Mendoz, member of ADUCESAR, 30 July 2002, in San Juan del César, Department of Guajira:
842. File No: 814
843. Offence: homicide
844. Facts: Villa Leda Farm, jurisdiction of the municipality of San Juan del César
845. Authority: Prosecutor’s Office No. 3, San Juan del César section, attached to the Riohacha directorate of prosecutions
846. Stage: preliminary – active
847. Organization: ASODEGUA. He worked as a teacher in the Hugues Manuel Lacouture College in Junta Guajira.
848. Motives: unknown
849. He was a member of ASODEGUA, according to its president, Mr. Manuel Enrique Córdoba.
850. (55) Jaime Lobato, member of EDUMAG, on 3 August 2002, in Pivijay, Department of Magdalena:
851. File No: 34448
852. Authority: Special Prosecutor’s Office 2, Santa Marta
853. Stage: preliminary – active
854. Organization: EDUMAG
855. Motives: unknown
856. The president of the Magdalena Teachers’ Union (EDUMAG) informed the Human Rights Office in the Ministry of Social Protection that Mr. Jaime Lobato was a member of that union.
857. (56) Ingrid Cantillo Fuentes, member of EDUMAG, on 7 August 2002, in Pedraza, Department of Magadalena:
858. Victims: Ingrid Cantillo Fuentes and Noralba Esther Jiménez de León
859. File No: 43140
860. Authority: Prosecutor’s Office No. 28, Plato section, Magdalena
861. Stage: preliminary – active
862. Organization: EDUMAG
863. Motives: unknown
864. The president of the Magdalena Teachers’ Union (EDUMAG) informed the Human Rights Office in the Ministry of Social Protection that Ms. Ingrid Cantillo was a member of that union.
865. (57) Américo Benítez Rivas, member of ADEM, on 7 August 2002, in Vista Hermosa, Department of Meta:
866. Facts: San Juan de Arama, on 7 August 2002
867. File No: 81827
868. Authority: Special Prosecutor’s Office 9, Villavicencio
869. Stage: preliminary – active
870. Motives: not established
871. Organization: ADEM
872. (58) Edison de Jesús Toro Gaviria, member of ADIDA, on 8 August 2002, in Ituango, Department of Antioquia:
873. File No.: 618017
874. Authority: Special Prosecutor’s Office 13, Medellín
875. Facts: La Trampa village, municipality of Santa Rita de Ituango, between 7 and 16 August 2002
876. Stage: Preliminary – active
877. Position: Teacher
878. The national president of ADIDA informed the Human Rights Office in the Ministry of Social Protection that Mr. Toro Gaviria was not a member of that union.
879. (59) Alvaro Poveda, member of ADEM, on 15 August 2002, in Vista Hermosa, Department of Meta:
880. File No.: 97344
881. Authority: Prosecutor’s office 37, Granada section, Meta
882. Stage: Preliminary – active
883. Motives: Not established
884. Organization: Member of ADEM
885. (60) Nicanor Sánchez, member of ADEM, on 20 August 2002, in Vista Hermosa, Department of Meta.
886. The section directorate of prosecutions reports that, according to the judicial information system, there is no investigation into the murder of Nicanor Sánchez, but an investigation is in progress into the murder of Nicanor Becerra Obregon, teacher. In addition, the attorney of the Meta Teachers’ Association (ADEM) stated that Mr. Nicanor Sánchez was a teacher and was murdered in the municipality of Vista Hermosa, Meta, and that he was indeed a member of that trade union at the time of his death.
887. (61) Abigail Girón Campos, member of AICA, on 22 August 2002, in Puerto Asís, Department of Caquetá:
888. Authority: Special Prosecutor’s Office 2, Florencia
889. File No.: 24926
890. Stage: Institution of judicial proceedings – active, one person in custody
891. Motives: To be established
892. Organization: AICA
893. The general secretary of the Caquetá Teachers’ Association (AICA) informed the Human Rights Office in the Ministry of Social Protection that Mr. Girón Campos was a member of that association.
894. (62) Guillermo Sanin Rincón, member of AICA, on 4 September, in Puerto Rico, Department of Caquetá:
895. Authority: Special Prosecutor’s office 3, Florencia
896. File No.: 25,522
897. Stage: Preliminary – archived
898. Motives: To be established
899. Organization: AICA
900. The general secretary of the Caquetá Teachers’ Association (AICA) informed the Human Rights Office in the Ministry of Social Protection that Mr. Sanin Rincón was a member of that trade union.
901. (63) Oscar de Jesús Payares, member of ADEA, in September 2002, in Barranquilla, Department of Atlántico:
902. File No.: 136248
903. Authority: Prosecutor’s office 42, Barranquilla section
904. Offence: Homicide
905. Stage: Institution of judicial proceedings, two persons identified in connection with the investigation
906. Organization: ADEA – teacher
907. Motives: To be established
908. (64) Luis Eduardo Vélez Arboleda, member of ADIDA, on 7 September 2002, in Caldas, Department of Antioquia:
909. File No.: 3387
910. Authority: Prosecutor’s office 79, Caldas section, Antioquia
911. Stage: Preliminary – active
912. Organization: Not a member and does not appear in the ADIDA database, according to the president of the union, Mr. Luis Alfonso Londoño
913. Motives: To be established
914. (65) Gema Lucía Jaramillo, member of ADIDA, on 9 September 2002, in San Andrés del Cuerca, Department of Antioquia:
915. File No.: 2548
916. Authority: Prosecutor’s office, Ituango section, Antioquia
917. Stage: Preliminary – active
918. Organization: Does not appear to be a member and does not appear in the ADIDA database, according to the president of the union, Mr. Luis Alfonso Londoño
919. Motives: To be established
920. (66) Elmer de Avila Arias, member of ADER, on 30 September 2002, in Barranquilla, Department of Atlántico:
921. File No.: 138086
922. Offence: Homicide
923. Authority: Prosecutor’s office 35, Barranquilla section
924. Stage: Preliminary – active
925. Organization: ADEA – teacher
926. (67) Jorge Ariel Díaz Aristizábal, member of ADEM, on 13 October 2002, in Villavicencio, Department of Meta:
927. Facts: Maracaibo, municipality of Vista Hermosa on 10 October 2002. Jorge Ariel Díaz Sepúlveda was a teacher, murdered with two other persons: Rosalbina González Urrego and Eduardo Alfonso López Beltrán
928. File No.: 015
929. Stage: Summary, against members of the army
930. Authority: Military Criminal Court 18 of the 21st Battalion, Vargas de Granada
931. The attorney of the Meta Teachers’ Association stated that Mr. Jorge Ariel Díaz was a teacher and was murdered in the municipality of Vista Hermosa, Meta, and that he was indeed a member of that trade union.
932. (68) José del Carmen Lobos, member of ADEC, on 15 October 2002, in Bogotá:
933. The president of the Cundinamarca Teachers’ Association certified to the Human Rights Office in the Ministry of Social Protection on 4 August 2003 that “this is to inform you that the teachers José del Carmen Lobos, Edgar Rodríguez Guaracas and Juan Antonio Bohórquez Medina, who were teachers employed by the Department in the municipalities of Cachipay and Albán at the time of their murder were members of our trade union”.
934. (69) Edgar Rodríguez Guaracas member of ADEC, on 15 October 2002, in Bogotá:
935. The president of the Cundinamarca Teachers’ Association certified to the Human Rights Office in the Ministry of Social Protection on 4 August 2003 that “this is to inform you that the teachers José del Carmen Lobos, Edgar Rodríguez Guaracas and Juan Antonio Bohórquez Medina, who were teachers employed by the Department in the municipalities of Cachipay and Albán at the time of their murder were members of our trade union”.
936. (70) Oscar David Polo Charris, member of EDUMAG, on 28 October 2002, in Pivijay, Department of Magadalena:
937. File No.: 34360
938. Authority: Special Prosecutor’s Office 5, Santa Marta
939. Stage: Preliminary – active
940. Organization: EDUMAG
941. Motives: Unknown
942. The president of the Magdalena Teachers’ Union, EDUMAG, informed the Human Rights Office in the Ministry of Social Protection that Mr. Polo Charris was a member of that trade union.
943. (71) Yaneth Ibarguren, member of ADIDA, on 19 November 2002, Cocoma, Antioquia:
944. Victim: Janeth Ibarguen Romaña
945. Facts: Molina de Corconá village, 19 November 2002
946. Offence: Aggravated homicide
947. File No.: 678834
948. Authority: Special Prosecutor’s office 19, Medellín
949. Stage: Preliminary – active
950. Organization: She worked on a personal service contract, and did not have an employment relationship, so she was not a member of ADIDA, as confirmed by the president of ADIDA, Mr. Luis Alfonso Londoño
951. Motives: Unknown
952. (72) José Lino Beltrán Sepúlveda, member of ASOINCA, on 20 November 2002, in Popayán, Department of Cauca.
953. The Popayán section directorate of prosecutions reports that the investigation into the murder of José Lino Beltrán Sepúlveda was referred to the Popayán Special Court and a charge made on 9 July 2003:
954. Facts: 20 November 2002 in the municipality of Patía, Cauca
955. Authority: Popayán Special Court
956. Stage: Trial
957. Status: Active
958. Organization: Member of ASOINCA
959. (73) Cecilia Gómez Córdoba, member of SIMANA, on 20 November 2002, in El Talón de Gómez, Department of Nariño.
960. The Pasto section directorate of prosecutions reports that after consulting each of the prosecutors’ offices in its section and the prosecution service Judicial Information System (SIJUF), no investigation is being conducted into this murder. Further information is required to assess whether a prosecution is viable.
961. The vice-president of the Nariño Teachers’ Union informed the Human Rights Office in the Ministry of Social Protection that Ms. Cecilia Gómez Córdoba was a state registered teacher and worked in the Páramo rural mixed school in the Aponte village estate, municipality of Tablón de Gómez and was a member of that trade union.
962. (74) José Marcelino González, Rector of the Froilán Farias College in the municipality of Tame, president of the College of Rectors and Directors (COLDIT), member of the Arauca Teachers’ Association (ASEDAR-FECODE), on 13 January 2003:
963. File No.: 55266
964. Authority: Cúcuta section directorate of prosecutions
965. Stage: Preliminary – active
966. Organization: ASEDAR
967. Motives: To be established
968. (75) Abelardo Barbosa Páez, member of FENSUAGRO, in Santander, on 21 January 2003.
969. The incident occurred on 21 January 2003, in Puerto Wilches, Santander. The Prosecutor’s Office noted that there was nothing in the report to show that he belonged to any union, even though the officials of SINTRAINAGRO-SINTRAPALMAS-CUT stated that Mr. Abelardo was a member of that subcommittee.
970. File No.: 168120
971. Offence: Homicide
972. Authority: Prosecutor’s office 1, Barrancabermeja section
973. Stage: Preliminary – active
974. Motives: To be established
975. (76) Luis Eduardo Guzmán Alvarez, member of ADIDA, on 3 February 2003, Antioquia:
976. File No.: 22303
977. Facts Bello, Antioquia, 3 February 2003
978. Authority: Prosecutor’s office 98, Bello section
979. Stage: Preliminary – active
980. Organization: As reported directly by the trade union, Mr. Luis Eduardo Guzmán was not a member of ADIDA at the time of the incident. He was thus not involved in trade union activity.
981. (77) Luz Mery Valencia, member of ASEP, on 13 February 2003, in Putumayo:
982. Victim: Luz Mery Valencia Restrepo
983. File No.: 2059
984. Authority: Prosecutor’s office 42, Puerto Asís section
985. Offence Homicide
986. Organization: Member of ASEP
987. Facts: Puerto Asís, 12 February 2003. The incident occurred on the outskirts of Puerto Asís, specifically in the San Nicolas district, at the home of the deceased. At 7.30 a.m. she was about to leave to go shopping on her motorcycle when she was attacked with a firearm by two persons on a motorcycle, and she fell dead across the vehicle
988. Stage: Preliminary – active
989. (78) Maritza Ortega Serrano, member of ADUCESAR, on 19 February 2003, by hired assassins in the Department of César:
990. Victim: Maritza Ortega del Toro
991. File No.: 151301
992. Facts: Valledupar, 19 February 2003
993. Authority: Prosecutor’s office 14, Valledupar homicide unit
994. Stage: Preliminary – active
995. Organization: ADUCESAR
996. Motives: Unknown
997. (79) José Antonio Bohórquez Medina, member of FECODE-CUT, was abducted on 20 February 2003 and found dead three days later in the municipality of Albán, Cundinamarca:
998. Victim: Juan Antonio Bohórquez Medina
999. File No.: 10927
1000. Authority: Prosecutor’s office, Facatativá section
1001. Stage: Preliminary – active
1002. Organization: From the evidence gathered by the Prosecutor’s Office, it was not possible to establish whether the deceased belonged to a trade union. However, the Cundinamarca Teachers’ Association, ADEC, confirmed to the Human Rights Office in the Ministry of Social Protection that Mr. Juan Antonio was president of the union’s Albán branch, Cundinamarca
1003. (80) Fredy Perilla Montoya, SINTRAEMCALI activist, on 21 February 2003:
1004. Facts: 21 February 2003, in Cali
1005. File No.: 548541
1006. Authority: Prosecutor’s office 35, Cali section homicide unit
1007. Stage: Preliminary – active
1008. Motives: Crime of passion
1009. (81) Rufino Maestre Gutiérrez, member of ADUCESAR, on 25 February 2003, by paramilitaries in the Department of César:
1010. Victim: Rufino de Jesús Maestre Gutiérrez
1011. Facts: Valledupar, 25 February 2003
1012. Authority: Prosecutor’s office 14, Valledupar homicide unit
1013. File No.: 151549
1014. Stage: Preliminary – active
1015. Organization: Member but not activist of ADUCESAR
1016. (82) Jairo Echavez Quintero, member of ADUCESAR, on 27 February 2003, by paramilitaries in the Department of César:
1017. File No.: 0937
1018. Facts: Copey, César, 27 February 2003
1019. Authority: Prosecutor’s office 25, Bosconia section, César
1020. Stage: Preliminary – active
1021. Organization: Member of ADUCESAR
1022. Motives: Unknown
1023. (83) Luis Alfonso Grisales Peláez, member of ASEDAR, on 7 March 2003, by paramilitaries in the Department of Arauca:
1024. Facts: Municipality of Clarinetero, Arauca
1025. File No.: 24113
1026. Authority: Prosecutor’s office 2, Arauca section
1027. Stage: Preliminary – active
1028. Organization: Arauca Teachers’ Association (ASEDAR)
1029. (84) Soraya Particia Díaz, member of SER, on 12 March 2003, in Risaralda:
1030. Facts: 13 March 2003 in Santa Sofía village estate, jurisdiction of the municipality of Quinchía
1031. Organization: Risaralda Teachers’ Union (SER)
1032. Authority: Prosecutor’s office 29, Quinchía section
1033. File No.: 1776
1034. Stage: Preliminary – active
1035. Motives: Personal incidents with members of the self-defence groups (AUC)
1036. 435. The Government reports that of the above 84 allegations by the complainant organizations, only in two cases – Marco Antonio Salazar Predo, member of SIMANA, murdered on 7 February 2002 and Francisco Isaías Cifuentes, member of ASOINCA, murdered on 26 April 2002 – could it be established that security measures were in the course of approval. The other persons were not registered with the Protection Programme at the time of their death and there are no records of that, since their cases had not been submitted directly or indirectly to the Programme because no threats had been reported.
1037. Abductions and disappearances
1038. (1) Augusto de Jesús Palacio Restrepo, official of the Glassworkers’ Union of Colombia (SINTRAVIDRICOL-CUT) on the Medellín-Bogotá road, on 17 December 2002:
1039. File No.: 647651
1040. Facts: Bridge over the Samana River, Santuario, Antioquia
1041. Authority: Special Prosecutor’s office 6, Medellín
1042. Stage: Preliminary – active
1043. Organization: ELN
1044. Motives: Fishing expedition – they mistook him for another person with the same name
1045. On checking, the Human Rights Office in the Ministry of Social Protection contacted the union and established that Mr. Augusto Palacio was working at the time and thus free. Mr. Palacio was interviewed and he clarified the events and said that he had indeed been deprived of his liberty for six days, from 16 December, the day of the abduction, to 21 December 2002, when he was released by members of the ELN who accepted that the abduction had been the result of a mistake, since they were looking for another person of the same name. Mr. Palacio said that his union activity had nothing to do with the incident, since he had never received any kind of threat or actively engaged in his union activity within the company where he works.
1046. Mr. Augusto de Jesús Palacio Restrepo, SINTRAVIDRICOL official, has not received protection measures from the Ministry of the Interior and Justice Protection Programme.
1047. Detentions
1048. (1) Nicodemo Luna, official of the Petroleum Industry Workers’ Trade Union (USO) was detained on 18 December 2002, tortured and then transferred to Military Brigade No. 3, Cali.
1049. The Attorney-General’s Office reported that: “having reviewed the database of the Cali section directorate of prosecutions, no investigation into the facts was found”. Further information is required to assess whether criminal prosecution is viable.
1050. According to the information received from USO, Mr. Nicodemo Luna is retired and thus not a trade union official. Nevertheless, it was asked to provide information on his whereabouts so as to coordinate preventive security measures with the Ministry of the Interior and Justice and the National Police.
1051. (2) Hernando Hernández, secretary for international affairs of the Petroleum Industry Workers’ Trade Union (USO) and ex vice-president of the Single Confederation of Workers (CUT). The Human Rights Unit in the Attorney-General’s Office initiated Case No. 11278, in which he was supposed to have been present at shootings on various occasions, accused of links with guerrilla groups. These allegations have never been proved.
1052. Mr. Hernando Hernández was detained on 15 January 2003. This investigation is being conducted by Human Rights Prosecutor 4 of the National Human Rights Department, File No. 1127B, now at the institution of judicial proceedings stage, for the offence of rebellion. By decision of 14 January 2002, the legal position of Mr. Hernando Hernández Pardo was resolved with his detention in custody for the offence of rebellion, which was converted to house arrest, subject to bail of five times the minimum wage. The investigation is currently in progress and active. On 15 May 2003, the Prosecutor’s Office presented the indictment against Mr. Hernández. The proceedings are currently before Criminal Court 28 of the Bogotá circuit, at the trial stage. A preliminary hearing was set for 10 September 2003 for examination of evidence ordered by the judge.
1053. According to the Ministry of the Interior and Justice Protection Programme, Mr. Hernando Hernández, USO official, currently has a personal scheme, consisting of an armoured vehicle, four bodyguards, one avantel radio and two mobile phones.
1054. (3) Nubia Esther González, official of the Sucre Farm Workers’ Union (SINDAGRICULTORES), was detained by Counter-Guerrilla Group No. 1, Corozalquienes Brigade, in the Don Gabriel area, municipality of Morroa, Sucre, on 18 January:
1055. File No.: 30132
1056. Authority: Prosecutor’s office 16, Sincelejo section attached to the criminal circuit judges and the economic crimes unit based in Sincelejo
1057. Accused: Nubia Esther González Payares and others
1058. Facts: San Gabriel settlement (corregimiento) (Sucre), jurisdiction of the municipality of Ovejas, 18 January 2003, at 9 a.m.
1059. Status: By decision of 27 January 2003, the legal situation was decided, and the office refused to order the arrest of the accused and ordered her immediate release. Evidence is still being examined
1060. Violation: Article 467, Law No. 599 of 2000, defining the offence of rebellion
1061. Accused: Nubia Esther González Payares and another (Jorge Gómez who was not connected with the proceedings and was released)
1062. In the specific case of Nubia Esther González, SINDAGRICULTORES official, no request for protection was submitted. The officials of this union currently have eight mobile phones, recommended by the Risk Assessment and Control Committee (CRER) as a security measure.
1063. (4) Policarpo Camacho and Gloria Holguín, officials of the Farm Workers’’ Union of the municipality of Calarcá, presented in the media as owners of a FARC clinic:
1064. The investigation was conducted by the Manizales section directorate of prosecutions, Prosecutor’s Office 20, Manual URI section, File No. 743681591. The proceedings are currently at the summary stage, the accused being Policarpo Camacho and Gloria Holguín, held in custody for the offence of rebellion, a decision confirmed by the appeal court. The proceedings are still active.
1065. In the case of Ms. Gloria Acevedo Holguín, official of the Farm Workers’ Union of the municipality of Calarcá, the Protection Programme requested a risk assessment by the police, and the petitioners were asked to obtain the support of the trade union and its comments on the facts, which have not been provided yet. The lady concerned has not been a beneficiary of measures provided by the Programme.
1066. Policarpo Camacho, official of the Farm Workers’ Union of the municipality of Calarcá, has not been a beneficiary of measures provided by the Protection Programme and has not submitted a formal request.
1067. (5) Rafael Palencia Hernández, active member of SINTRAMINTRABAJO, was detained in the SIJIN in Cartagena on 16 February 2003 accused of belonging to the urban militias of the insurgency and of planning possible terrorist acts.
1068. On 28 April 2003, the Attorney-General’s Office stated the following:
1069. Charged with the offence of rebellion: Robinson Beltrán Herrera, member of CORELCA (now ELECTROCOSTA), Rafael Palencia Hernández, member of the workers’ union of the former Ministry of Labour; investigation File No. 115275; Prosecutor’s Office conducting the investigation: Prosecutor’s Office 35, Cartagena economic crimes unit; offence: rebellion; Rafael Palencia Hernández was arrested in a raid carried out on 18 February 2003 and Robinson Beltrán Herrera on 22 February in Manizales.
1070. On 31 August, in reply to an inquiry by the Ministry of Social Protection, the Attorney-General’s Office provided the following updated information on the case:
1071. Accused: Robinson Beltrán Herrera (member of CORELCA) and Rafael Palencia Hernández (member of the workers’ union of the former Ministry of Labour)
1072. File No.: 115275
1073. Authority: Prosecutor’s office 35, economic crimes unit
1074. Facts: 11 December 2002, El Campestre district, Cartagena
1075. Offence: Rebellion
1076. Status: Institution of judicial proceedings. By decision of 12 August 2003, the merits of the case against the accused were assessed
1077. Rafael Palencia Hernández was arrested at his home in a raid carried out by the URI on 18 February 2003.
1078. Finally, it should be noted that Mr. Rafael Palencia Hernández, a member of SINTRAMINTRABAJO, is not registered with the Protection Programme administered by the Ministry of the Interior and Justice.
1079. (6) Robinson Beltrán Herrera, president of the Workers’ Union of the Autonomous Atlantic Coast Regional Corporation (SINTRAELECOL-CORELCA) on 22 February 2003 in the City of Manizales.
1080. On 28 April 2003, the Attorney-General’s Office stated the following:
1081. Charged with the offence of rebellion: Robinson Beltrán Herrera, member of CORELCA (now ELECTROCOSTA), Rafael Palencia Hernández, member of the workers’ union of the former Ministry of Labour; Investigation File No. 115275; Prosecutor’s Office conducting the investigation: Prosecutor’s Office 35, Cartagena economic crimes unit; offence: rebellion; Robinson Beltrán Herrera was arrested on 22 February 2003 in Manizales.
1082. On 31 August, in reply to an inquiry by the Ministry of Social Protection, the Attorney-General’s Office provided the following updated information on the case:
1083. Accused: Robinson Beltrán Herrera (member of CORELCA) and Rafael Palencia Hernández (member of the workers’ union of the former Ministry of Labour)
1084. File No.: 115275
1085. Authority: Prosecutor’s office 35, economic crimes unit
1086. Facts: 11 December 2002, El Campestre district, Cartagena
1087. Offence: Rebellion
1088. Status: Institution of judicial proceedings. By decision of 12 August 2003, the merits of the case against the accused were assessed
1089. Robinson Beltrán Herrera was arrested on 22 February 2003 at the La Nubia Airport in Manizales.
1090. Finally, Mr. Robinson Beltrán Herrera, a member of SINTRAELECOL-CORELCA, has not been a beneficiary of the Ministry of the Interior and Justice Protection Programme. Thus, pending the request for protection measures from the national SINTRAELECOL Office at the end of the preceding year, the Department of Administrative Security was asked to undertake a risk assessment study and the trade union was asked to provide confirmation of its support.
1091. (7) Germán Robinson López, teacher at the “Ciudad de Ipiales” comprehensive school in the municipality of Ipiales, Department of Nariño, member of SIMANA, charged with the offences of rebellion and terrorism on 27 February 2003.
1092. Charged with the offences of rebellion and terrorism. The situation was fully reported by the Nariño Teachers’ Union (SIMANA). On 28 April, the Attorney-General’s Office provided the following statement: offence: drug trafficking; accused: Germán Robinson López Morillo (at liberty) member of SIMANA; File or Investigation No. 741; Prosecutor’s Office conducting the investigation: Prosecutor’s Office 25, Ipiales section; the Prosecutor’s Office did not hold him in custody, pending closure of the investigation.
1093. Finally, Mr. Germán Robinson López, a member of SIMANA, is not registered with the Ministry of the Interior and Justice Protection Programme.
1094. (8) Teresa Báez Rodríguez, president of SINTRACLINICAS, Bucaramanga. Her house was raided and she was arrested and charged with rebellion on 5 March 2003. The detention of the trade union official was ordered by the Prosecutor’s Office , on the grounds that she was involved in the offence of rebellion, after a raid on her house. In addition, about a year ago, when she was leaving a meeting at the then Ministry of Labour in Bucaramanga, several persons tried to abduct her. On 20 February last, she was the victim of a personal attack. Prosecutor’s office 8, Bucaramanga section is conducting the Investigation No. 170479, against Teresa Báez. She is president of the trade union SINTRACLINICAS and an activist in the Single Confederation of Workers (CUT), Santander branch and was arrested during a raid on 5 March 2003 in the City of Bucaramanga, Santander, for the offence of rebellion.
1095. On this occasion, the Government provides further information on the various proceedings for threats and other criminal acts with which Ms. Teresa Báez is somehow connected:
1096. Victim: Teresa Báez Rodríguez
1097. Facts: Bucaramanga, 20 March 2002
1098. Offence: Threats
1099. File No.: 126266
1100. Authority: Prosecutor’s office 10, Bucaramanga section
1101. Stage: Preliminary – inhibitory decision of 18 March 2003
1102. Victim: Teresa Báez Rodríguez
1103. Facts: Bucaramanga, 29 April 2002
1104. Offence: Threats
1105. File No.: 130588
1106. Authority: Prosecutor’s office 2, Bucaramanga section
1107. Stage: Preliminary – inhibitory decision of 4 June 2003
1108. Victim: Teresa Báez Rodríguez
1109. Facts: Bucaramanga, 22 January 2003
1110. Offence: Slander
1111. File No.: 165267
1112. Authority: Prosecutor’s office 13, Bucaramanga section
1113. Stage: Preliminary – inhibitory decision of 24 June 2003
1114. Finally, Ms. Teresa Báez Rodríguez, president of SINTRACLINICAS, Bucaramanga, is currently included in the collective scheme recommended by the Risk Assessment and Control Committee for members of the UP-PCC in that city.
1115. Threats
1116. (1) Guillermo Rivera Plata, vice-president of the Farm Workers’ Union (SINTRAINAGRO) who was formerly the beneficiary of a security scheme provided by the Government, but the protection has now been withdrawn.
1117. Report on protection measures
1118. (1) Guillermo Rivera Plata, SINTRAINAGRO official was a beneficiary of measures under the Programme:
1119. – by Decision 3 of 10 February 2000, a personal security scheme was approved;
1120. – by Decision 19 of 2001, Mr. Rivera’s request for a provisional scheme was submitted, although, due to an accident, the vehicle was being repaired and the bodyguards were incapacitated. The CRER recommended asking the DAS in Antioquia to check on the situation and request the repair of the vehicle to be done quickly;
1121. – in the CRER meeting of 14 February 2003, the case was again submitted, because the vehicle was damaged. The CRER recommended a reassessment of the risk to Mr. Rivera, to request security measures from the National Police and to ask the DAS to expedite the repair of the vehicle;
1122. – he had a vehicle (operational), two bodyguards and two weapons;
1123. – he currently has a mobile phone.
1124. (2) Gladis Barajas, president of the Graphic Reporters’ Union, on 17 February 2003.
1125. On 28 April 2003, the Attorney-General’s Office stated: victim: Gladys Barajas Osorio; violation: threats; date, place and facts: 17 February 2003, in Bogotá, DC; File No. 676090; authority conducting the investigation: Prosecutor’s Office 241, Bogotá section, attached the Personal Liberty Unit, at the preliminary stage, currently active. Ms. Gladys Barajas, president of the Graphic Reporters’ Union, was provided with a protection measure, four national tickets and an international ticket, by the Ministry of the Interior and Justice Journalist Protection Programme, and is currently out of the country.
1126. (3) Wilson Castro Padilla, member of SINALTRAINAL, on 22 February 2003.
1127. After making the appropriate inquiries, the Attorney-General’s Office reported that, regarding threats against SINALTRAINAL officials, the only recorded case was against Mr. Wilson Castro Padilla, as follows:
1128. Victim: Wilson Castro Padilla
1129. Offence: Threats
1130. Date and place: 13 March 2003, in Cartagena
1131. Section directorate: Cartagena
1132. Authority in charge: Section Prosecutor’s Office 39
1133. File No.: 115265
1134. Stage: Preliminary
1135. Current status: Active
1136. Organization: SINALTRAINAL
1137. Position: Member
1138. In addition, according to the Attorney-General’s Office database, threats against Mr. Castro Padilla received on 2 January 2002 are being investigated by special Prosecutor’s Office 3, Cartagena section directorate of prosecutions, File No. 85596, preliminary stage, active.
1139. The Ministry of the Interior and Justice Protection Programme granted Mr. Wilson Castro Padilla six months’ humanitarian assistance and national tickets. He currently has a personal security scheme (a car and two bodyguards).
1140. (4) Alvaro Enrique Villamizar Mogollón, president of SINTRAUNICOL, Bucaramanga branch, Department of Santander, on 27 February 2003.
1141. The Human Rights Office in the Ministry of Social Protection sent a written request on 11 April 2003 to the Attorney-General’s Office requesting information about the incident. On 30 April, the Attorney-General’s Office replied in letter No. 1140 as follows: “The Bucaramanga section directorate of prosecutions reports that the investigation into threats received on 27 March 2003, File No. 104943, by special Prosecutor’s Office 5, Bucaramanga, is at the preliminary stage. The complainant is Mr. Alvaro Enrique Villamizar and victims belonging to the UIS Workers’ and Staff Union”. In addition, on 31 August 2003, the Attorney-General’s Office provided further information and reports that an investigation into aggravated illegal coercion of which Mr. Villamizar was the victim is in progress:
1142. File No. 173147
1143. Offence: Aggravated illegal coercion
1144. Authority: Special Prosecutor’s Office 6, Bucaramanga
1145. Stage: Preliminary – active
1146. Organization: SINTRAUNICOL branch president, Santander
1147. Finally, Mr. Alvaro Enrique Villamizar Mogollón, president of SINTRAUNICOL, Bucaramanga branch, has a mobile phone provided by the Protection Programme. At its meeting of 26 May this year, the Risk Assessment and Control Committee recommended the allocation of land transport for himself and two other officials of the same union.
1148. (5) Roberto Borja Rubiano, official of FENASINTRAP, has already been moved to another department, on 5 March 2003.
1149. The Ministry of the Interior and Justice reports that Mr. Borja Rubiano has an avantel radio and mobile phone provided by the Ministry’s Protection Programme, and that by Decision 38 of 1 March, he was provided with national tickets to remove him urgently from the risk area. By a decision of 5 March 2003, the Risk Assessment and Control Committee (CRER) recommended that he be granted humanitarian assistance for three months. In addition, in a communication of 31 March 2003, the Ministry of the Interior stated that: “Mr. Borja Rubiano is a beneficiary of this Protection Programme and as a temporary measure it was necessary to move him from the City of Barranquilla to the City of Bogotá last 2 March, because in the former city there was a level of risk assessed by the DAS as medium-medium.” Thus the CRER approved the allocation of a personal protection scheme, which is now in force. By decision of 9 July 2003, the CRER recommended the granting of two additional months of humanitarian assistance. The national police was asked to take appropriate protection measures for Mr. Borja Rubiano’s family in the City of Barranquilla.
1150. The Ministry of Social Protection has approached the Electrocaribe company, where Mr. Borja Rubiano works for humanitarian arrangements, the granting of trade union leave, which they granted in the form of unpaid union leave.
1151. On 21 July 2003, the Ministry of the Interior reported that the personal scheme for Roberto Borja Rubiano had been approved, consisting of a normal car, two weapons, two bullet-proof jackets and two bodyguards hired by the Department of Administrative Security. The scheme is ready for use in the City of Barranquilla. However, Mr. Borja, in a meeting on precautionary measures in the Chancellery on 21 July, said that he would not accept the scheme unless they assigned him two personal bodyguards, with an armoured vehicle and support weapons and communications for each bodyguard. At the same meeting, the Attorney-General’s Office reported on current investigations into the death threats against Mr. Rubiano: the three investigations are: File No. 107928, conducted by Prosecutor’s Office 21, Barranquilla section; File No. 135002, conducted by Prosecutor’s Office 23, Barranquilla section; and File No. 149728, conducted by the Prosecutor’s Office, Barranquilla section. The three investigations are active, at the preliminary stage, examination of evidence. It was also agreed that the three investigations conducted by the Barranquilla section directorate of prosecutions would be taken into account in the context of all cases of violation of the human rights of trade unionists to be pursued by lawyers appointed by the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights.
1152. The Prosecutor’s Office undertook to inquire with the National Directorate of Prosecutions whether the three investigations can be conducted by the same Prosecutor’s Office for the sake of streamlining the proceedings, guarantees, etc.
1153. Victims: Roberto Borja Rubiano and Armando José Moya Lengua
1154. Offence: Threats
1155. File No.: 135002
1156. Authority: Prosecutor’s office 23, Barranquilla section
1157. Stage: Preliminary – active
1158. Organization: President of FENASINTRAP
1159. Victim: Roberto Borja Rubiano
1160. Offence: Threats
1161. File No.: 107928
1162. Authority: Prosecutor’s office 21, Barranquilla section
1163. Stage: Preliminary – active
1164. Organization: President of FENASINTRAP
1165. Victim: Roberto Borja Rubiano
1166. Offence: Threats
1167. File No.: 149728
1168. Authority: Prosecutor’s office 24, Barranquilla section
1169. Stage: Preliminary – active
1170. Organization: President of FENASINTRAP
1171. The Ministry of the Interior and Justice Protection Programme, to update the information requested by the Ministry of Social protection, reported in 2 September 2003 that the Programme granted Roberto Borja Rubiano, president of FENASINTRAP, national tickets to remove him from the risk area and allocated him five months of humanitarian assistance. The CRER recommended a personal security scheme, which was available from the DAS Barranquilla section, although he is temporarily in another city.
1172. (6) Alexander López Maya, Martha Cecilia Gómez Reyes, former official of SINTRAEMCALI:
1173. As an official of SINTRAEMCALI, Alexander López Maya was provided with security measures, and now has a personal security scheme (car, two bodyguards, support weapons, bullet-proof jackets) avantel radio and mobile phone communications.
1174. Martha Cecilia Gómez Reyes was not a beneficiary of measures provided by the Ministry of the Interior and Justice Protection Programme. In that respect and taking into account the provisions of article 81 of Law No. 418 of 1997, extended by Law No. 782 of 2002, which describes the persons covered by the Programme, Ms. Reyes was asked to provide this office with the support of the union to which she belonged and the judicial proceedings concerning the facts which constituted the threat. In addition, the Department of Administrative Security was asked to carry out the corresponding risk assessment study.
1175. Currently there are four investigations in progress into death threats received by Alexander López Maya and others:
1176. Victims: Alexander López Maya, Martha Cecilia Gómez, Robinsón Masso, Oscar Figueroa Pachongo, Giovanny Serrano
1177. Facts: 1 May 2003
1178. File No.: 580435
1179. Authority: Prosecutor’s office 93, Personal Liberty and Guarantees Unit
1180. Stage: Preliminary – active
1181. Victims: Alexander López Maya, Martha Cecilia Gómez Reyes, Robinsón Masso, Oscar Figueroa Pachongo
1182. Facts: 3 May 2003
1183. File No.: 572008
1184. Authority: Prosecutor’s office 29, Personal Liberty and Guarantees Unit
1185. Stage: Preliminary – active
1186. Victims: Alexander López Maya, Martha Cecilia Gómez Reyes, Robinsón Masso, Oscar Figueroa Pachongo
1187. File No.: 566761
1188. Authority: Prosecutor’s office 29, Personal Liberty and Guarantees Unit
1189. Stage: Preliminary – active
1190. Finally, Prosecutor’s Office 89, Cali section, Cali DSF, is conducting the investigation into threats against Alexander López Maya, File No. 356496, which is currently active. The completion of the investigation is awaited to determine the merits of the case. Two persons are connected with the investigation. Mr. López Maya was a candidate to the House of Representatives, ex president of SINTRAEMCALI and member of the executive board.
1191. (7) FECODE attaches a list of threatened members: Jairo Toro Figueroa, Luis Eduardo Patiño Loaiza, Marlene Rangel García, Carlos Alberto Angulo de la Cruz, Nazli Palomo, Rafael Alberto Ilías, Magda Ibony Moreno Ortiz, Olga Cecilia Merchán Moreno, Ana Deima Chate Rivera, Dalia Esther Florez Lozano, Gilma del Carmen Alarcón, Jorge Alirio Pinzón Ulloa, Rico Bohórquez Flor Teresa, Isaura Isabel Paniagua Chávez, Giovanni Botello Rodríguez, Luz Marina Pérez Quintero, Omar Andrade, Carlos Alberto Vallejo Mejía, Teresa Hernández Zambrano, María Elena Saavedra Rodríguez, Jairo Alberto Carvajal, Gladis Blanco Urrea, Oscar Eduardo Ramón Florez, Oscar Henao Gutiérrez.
1192. The violent acts against the teaching profession have almost all been investigated by the State investigative agency and the following investigations into threats against members and leaders of the Colombian Teachers’ Union (FECODE) are in progress:
1193. Victim: Giovanni Botello Rodríguez
1194. File No.: 20241
1195. Authority: Cúcuta section directorate of prosecutions
1196. Stage: Preliminary – suspended
1197. Organization: FECODE
1198. Victim: Giovanni Botello Rodríguez
1199. File No.: 44702
1200. Authority: Cúcuta section directorate of prosecutions
1201. Stage: Preliminary – active
1202. Organization: FECODE
1203. Victim: Luz Marina Pérez Quintero
1204. Offence: Threats
1205. File No.: 56089
1206. Authority: Cúcuta section directorate of prosecutions
1207. Stage: Preliminary – active
1208. Organization: FECODE
1209. Victim: Gladis Blanco Urrea
1210. File No.: 67975
1211. Authority: Cúcuta section directorate of prosecutions
1212. Stage: Istitution of judicial proceedings – active
1213. Organization: FECODE
1214. Victims: Omar Andrade and Cecilia del Carmen Chapal
1215. File No.: 1058
1216. Authority: Prosecutor’s office 36, La Unión section, Nariño
1217. Stage: Preliminary – active
1218. Organization: SIMANA
1219. Victim: Jairo Toro Figueroa
1220. File No.: 670786
1221. Authority: Prosecutor’s office 239, Bogotá section
1222. Stage: Preliminary, proceedings received on 6 February 2003 and forwarded on 7 March to the municipality of Tame, Arauca, for reasons of territorial and functional jurisdiction
1223. Victim: Rafael Arturo Ilías Muñoz
1224. File No.: 672444
1225. Authority: Prosecutor’s office 239, Bogotá section
1226. Stage: Preliminary, proceedings received on 11 February 2003 and forwarded on 13 March to the competent special Prosecutor’s Offices Preliminary, proceedings received on 6 February 2003 and forwarded on 7 March to the municipality of Tame, Arauca, for reasons of territorial and functional jurisdiction
1227. Victim: Teresa Hernández Zambrano
1228. File No.: 691031
1229. Authority: Prosecutor’s office 240, Bogotá section
1230. Stage: Preliminary – proceedings received on 15 May 2003. A hearing was called on 8 July and examination of evidence ordered
1231. Victim: Teresa Hernández Zambrano
1232. File No.: 707086
1233. Authority: Prosecutor’s office 246, Bogotá section
1234. Stage: Preliminary
1235. Victim: Teresa Hernández Zambrano
1236. File No.: 673438
1237. Authority: Prosecutor’s office 328, Bogotá section
1238. Stage: Preliminary
1239. Victim: Jorge Alirio Pinzón Ulloa
1240. File No.: 859032
1241. Authority: Prosecutor’s office 240, Bogotá section
1242. Stage: Preliminary
1243. Victim: Marlene Rangel García
1244. File No.: 672484
1245. Authority: Prosecutor’s office 246, Bogotá section
1246. Stage: Preliminary
1247. Victim: Luis Eduardo Patiño Loaiza
1248. File No.: 671825
1249. Authority: Prosecutor’s office 247, Bogotá section
1250. Stage: Preliminary
1251. Victim: Magda Ibony Moreno Ortiz
1252. File No.: 892802
1253. Authority: Prosecutor’s office 247, Bogotá section
1254. Stage: Preliminary
1255. Victim: Magda Moreno
1256. File No.: 673028
1257. Offence: Threats
1258. Authority: Prosecutor’s office 243, Bogotá section
1259. Stage: Preliminary. By a decision of 18 February 2003, it was ordered to be transferred, for reasons of jurisdiction, to the City of Yopal, Casanare
1260. Victim: Ana Deima Chate Rivera
1261. File No.: 678996
1262. Authority: Prosecutor’s office 247, Bogotá section
1263. Stage: Preliminary
1264. Victim: Carlos Alberto Angulo de la Cruz
1265. File No.: 672446
1266. Authority: Prosecutor’s office 328, Bogotá section
1267. Stage: Preliminary
1268. Victim: Jairo Alberto Carvajal
1269. Offence: Threats
1270. Facts: Bucaramanga, 26 April 2001
1271. File No.: 102441
1272. Authority: Prosecutor’s office 1, Bogotá section
1273. Stage: Preliminary – inactive
1274. Victim: Oscar Eduardo Ramón Florez
1275. Offence: Threats
1276. File No.: 671694
1277. Authority: Prosecutor’s office 242, Bogotá section
1278. Stage: Preliminary. For reasons of jurisdiction, the proceedings were transferred to the special Prosecutor’s Office , Bogotá, on 18 February 2003
1279. Victim: Gilda del Carmen Alarcón
1280. Offence: Threats
1281. File No.: 672447
1282. Authority: Prosecutor’s office 243, Bogotá section
1283. Stage: Preliminary – by a resolution in Apia on 28 May 2003, the proceedings were transferred to the assignation office in Barranquilla, for reasons of jurisdiction
1284. Victim: Nazli Palomo
1285. Offence: Threats
1286. File No.: 686823
1287. Authority: Prosecutor’s office 243, Bogotá section
1288. Stage: Preliminary – by a resolution in Apia on 28 May 2003, the proceedings were transferred to the assignation office in Barranquilla, for reasons of jurisdiction
1289. 436. The Ministry of the Interior and Justice, Protection Programme informed the Human Rights Office in the Ministry of Social Protection that the following teacher members of FECODE were the recipients of protection measures provided by the Programme: Luis Eduardo Patiño Loaiza, Nazli Palomo, Ana Denma Crate Rivera, Usaura Isabel Paniagua, Giovanni Botello Rodríguez, Omar Andrade, Teresa Hernández Zambrano and Oscar Eduardo Ramón Florez.
1290. 437. The cases of Jairo Toro Figueroa, Marlene Rancel García, Carlos Alberto Angulo de la Cruz, Rafael Alberto Ilías, Magda Ibony Moreno Ortiz, Olga Merchan Moreno, Gilma del Carmen Alarcón, Jorge Alirio Pinzón Ulloa, Luz Marina Pérez Quintero, María Elena Saavedra Rodríguez, Gladis Blanco Urrea and Oscar Henao Gutiérrez are awaiting consideration by the Risk Assessment and Control Committee, and in all cases, the Department of Administrative Security (DAS) was asked to carry out the respective risk assessment studies.
1291. 438. Teacher Carlos Alberto Vallejo Mejía is the husband of Teresa Hernández Zambrano, who was a beneficiary of measures under the Programme, such as humanitarian assistance and national tickets, which cover her basic family nucleus.
1292. 439. As regards the cases of teachers Dalia Esther Florez Lozano, Flor Teresa Rico Bohórquez and Jairo Alberto Carvajal, there is no record of any requests for protection.
1293. Other acts of violence
1294. (1) Nicolas Hernández Cabrera, general secretary of FENSUAGRO and his bodyguard Jaime Rodríguez were assaulted in the Department of Tolima on 20 December 2003. The Government notes that he was the victim of an assault on 20 December 2002, in Chaparral, Tolima. The Attorney-General’s Office reported that the investigation into the rape, assault, ordinary and grievous bodily harm which occurred at Chaparral, Tolima, on 20 December 2002 is being conducted by Prosecutor’s Office 28, Chaparral section, Ibagué section directorate. The investigation is at the preliminary stage, currently active. The Ministry of the Interior and Justice, Protection Programme reported that Nicolas Hernández Cabrera, general secretary of FENSUAGRO currently has a personal security scheme provided by the Programme (car and two bodyguards) and he was also provided with a mobile phone.
1295. (2) On 16 December 2002, in the municipality of Saravena, Department of Arauca, several officials of the Workers’ Union of the Saravena Community Water and Sewerage Company were detained and after several hours of physical and verbal abuse were set free. Members of the same union were detained at 5.10 p.m. on 16 December 2002, when they were getting ready to leave work. Unknown persons intercepted them and took them to the road leading to the “Bojaba Beach” estate, in the municipality of Saravena, Arauca, where after three hours of physical and verbal abuse, they were released. The Attorney-General’s Office reported that after carrying out the respective inquiries, it was concluded that the offence was one of rape, ordinary and grievous bodily harm.
1296. Date and place: La Pavita estate in the municipality of Saravena, Arauca
1297. Authority in charge Section Prosecutor’s office, municipality of Saravena, Cúcuta section directorate of prosecutions
1298. File No.: 982
1299. Stage: Institution of judicial proceedings
1300. Victim: Eloisa Monterrey, wife of the social leader
1301. Authority: Section Prosecutor’s office, municipality of Saravena
1302. Current status: Active – decision of preclusion dated 19 August 2003 against José Yesid Barajas Gómez and Rafael Buelvas Peinado, for ordinary and grievous bodily harm and rape. At the time, the accused were acting a volunteer soldiers enrolled in mechanized group No. 18 Reweiz Pizarro, Saravena. The decision is currently being notified
1303. (3) Attempted murder of on Elber Alberto Granja, president of the Community Action Board of the municipality of Vijes, Valle del Cauca when an unknown person shot at him on a number of occasions in February 2003.
1304. Elber Alberto Granja is not at present a trade union official but he has an avantel radio provided by the Programme, which was supplied to him as a trade unionist.
1305. Offence: Attempted homicide
1306. File No.: 185449
1307. Authority: Prosecutor’s office 153, Vijes section
1308. Stage: Institution of judicial proceedings – indictment
1309. Organization: To be established
1310. (4) Takeover by the military of the Barrancabermeja refinery, preventing the entry of all the officials of the Petroleum Industry Workers’ Union (USO), who were later attacked with teargas, rubber bullets and shots, resulting in nine persons wounded and fifteen arrested. The Government states that the Barrancabermeja refinery was taken over by the military to prevent the entry of officials of the Petroleum Industry Workers’ Union (USO) who launched a brutal assault. In this respect, the Attorney-General’s Office stated that “preliminary investigations are being conducted by Prosecutor’s Office 3, Barrancabermeja section, File No. 29128, into the offence of sabotage by ECOPETROL employees. On the day of the incidents, ten persons were arrested, eight of whom have been released and two of whom were charged and are being questioned in relation to the abovementioned offence. (Their names are withheld because it is information restricted to the summary proceedings)”.
1311. According to more recent information provided on 4 September 2003 by the Attorney-General’s Office, the investigation is proceeding as follows:
1312. File No.: 174145
1313. Status: Institution of judicial proceedings
1314. Authority: Prosecutor’s office 3, Barrancabermeja section
1315. Offence: Sabotage
1316. Two persons have been questioned, and released because the offence does not warrant remand in custody and at the moment the evidence is being examined. No one is in custody at present.
1317. 440. On 13 March 2003, students and workers from the University of Nariño held a peaceful demonstration outside the main university building. The demonstration was brutally broken up by 150 police officers who then broke into the university campus and destroyed the laboratory, classrooms and offices, beating and unjustly arresting the students. The rector of the university and representatives of the ombudsman were present to ensure respect for human rights. They were also brutally assaulted. The Attorney-General’s Office reported that no complaint was made about the incidents and therefore no investigation is in progress.
1318. Request for protection
1319. 441. The ICFTU sent a communication in which it states that it knows of 10 SINTRAUNICOL officials who have been declared military targets by outlawed armed groups, four of whom are officials in the University of Valle: Carlos Arbey González Quintero, José Adonai Munera Ortega, Luis Carlos Moreira Roldán and Jesús Antonio Luna, for whom protection is requested. The following is the report obtained thanks to information supplied by the Human Rights Directorate and the Protection programme of the Ministry of the Interior and Justice on physical measures provided to the members of SINTRAUNICOL, who are currently beneficiaries of the programme and under its protection:
1320. – Carlos Abbey González Quintero is a beneficiary of the programme and currently has a personal security scheme, consisting of a normal vehicle and two bodyguards. He was also provided with a mobile phone;
1321. – José Adonar Munera Ortega, as national official of SINTRAUNICOL, is covered by the trade union’s collective scheme. He also has a mobile phone;
1322. – Luis Carlos Moreira Roldán: a risk assessment was requested from the Department of Administrative Security and the national police were requested to take preventive measures for him and the other members of the SINTRAUNICOL Cali branch subcommittee. The Programme approved a mobile phone for him;
1323. – Jesús Antonio González Luna is currently out of the country, with international tickets provided by the Programme. In addition, while he was working in the country, he was the beneficiary of security measures such as humanitarian assistance, national tickets, means of communication as well as a personal scheme for his protection.
1324. 442. In its communication of 17 November 2003, the Government sent its observations on some of the acts of violence described in the section “New allegations” in this case.
1325. Murders
1326. (1) Marco Tulio Díaz, on 15 July 2003, in the City of Cúcuta, North Santander. The Government states that it is aware of the complaint and states the following: “(...) the investigation is being conducted by the National Human Rights and IHL Unit Cúcuta office, North Santander, File No. 1745, preliminary stage, active. Mr. Díaz Hernández was president of the ECOPETROL-ASONAJUB Pensioners’ Association. (…) Mr. Andrés Galvia, president of the ECOPETROL S.A. pensioners’ association stated on 22 July that the association did not engage in trade union activity because it was for pensioners and thus had no employment relationship with the company. He also stated that Mr. Marco Tulio Díaz was 53 years old and it was not known whether he had been threatened for personal reasons or connected with his work. The murder occurred when he was at his mother’s house in the Garden City estate in Cúcuta, where a man was lying in wait for him, entered the house and shot him twice. (…) Mr. Marco Tulio Díaz had been general secretary and treasurer of the Pensioners’ Association and the last office he had held was that of president. But he was not a trade union member in ECOPETROL S.A. at the time of the incident (…)”.
1327. (2) José Evelio Alvarez Bedoya, on 15 July 2003 in the municipality of Santa Bárbara, Antioquia. The Government states that it is aware of the complaint and states the following: “(...) the investigation is being conducted by the Prosecutor’s Office , Santa Bárbara section, Antioquia, File No. 2296, preliminary stage, active. The motives are unknown but are being investigated by the competent authority. He was a worker in Cementos El Cairo and a member of SUTIMAC, Santa Bárbara branch and an outstanding union activist. Mr. Alvarez Bedoya was in the municipality of Santa Bárbara on his day off and a few blocks from the union office, when several armed persons fired several shots at him, killing him (…)”.
1328. (3) Alberto Márquez, SINTRASGRITOL member, on 15 July 2003 in Natagaima, Tolima. The Government states that it is aware of the complaint and states the following: “(...) the investigation is being conducted by Ibagué special Prosecutor’s Office 3, Santa Bárbara section, Antioquia, File No. 129390, preliminary stage, active. Motives unknown. They entered the house at 1.30 p.m., killed his bodyguard, Castiblanco Franco Nelson (an officer in the DAS escort service) and his daughter was wounded. According to Mr. Ever García, member of the union’s executive board, Mr. Márquez was an active member of the Natagaima union which he had to leave because of threats. Thanks to police protection, he was able to return to Natagaima where he was later murdered. The president of SINTRAGRITOL, José Jesús Buriticá confirmed that at the time he was murdered, Mr. Márquez was a member of the Farm Union and was an official and agrarian activist and a native of the Department of Tolima (…)”.
1329. Threats
1330. (1) Victor Jaimes, Mauricio Alvarez and Elkin Menco, members of the Petroleum Industry Workers’ Union (USO). The Government states that it is aware of the complaint and states the following: “(...) investigations are currently in progress into the facts: Prosecutor’s Office 8, File No. 189,350, is investigating the threats received by Mauricio Alvarez Gómez on 15 August 2003 when he received a death notice, preliminary stage, active (…)”.
1331. Attempted murder
1332. (1) Juan Carlos Galvis, vice-president of SINALTRAINAL, Barrancabermeja, on 22 August 2003 in the City of Barrancabermeja, Santander. The Government states that it is aware of the complaint and states the following: “(...) on 22 August 2003, Mr. Juan Carlos Galvis was travelling in an armoured vehicle provided by the Ministry of the Interior and Justice at the junction of 19th avenue and 47th street in the city and was attacked by two persons riding a motorcycle and who fired several shots, without wounding him (…)”. The complaint was made at 12 noon on 25 August by the Barrancabermeja ombudsman, based on the victims’ statements. The same day, judicial proceedings were begun by the competent investigative authority. The investigation is being conducted by Prosecutor’s Office 8, Barrancabermeja section, Santander section directorate of prosecutions, preliminary stage, currently active. The national police informed the Human Rights Office in the Ministry of Social protection that “in reply to your telephone inquiry today to our office, seeking information on the attempted murder of Mr. Juan Carlos Galvis, in the City of Barrancabermeja, I can inform you that the Special Operations Command of Magdalena Medio reports in letter No. 672 as follows: “(…) with reference to the incidents on 22 August 2003 at 12.10 p.m. in 47th street between 19th and 20th avenues in the Buenos Aires district, involving Mr. Juan Carlos Galvis, president of the CUT in Barrancabermeja and vice-president of SINALTRAINAL, as he was travelling in the vehicle assigned by the Ministry of the Interior accompanied by his two bodyguards, they were intercepted by two persons riding an RX-115 motorcycle, no other details known, one of them standing on the footrests firing at the vehicle. The bodyguards, who are members of the DAS, fired five shots at the attackers who were a few metres away, there were no injuries to the trade union official, his bodyguards or the attackers, and there was no damage to the vehicle in which he was travelling”. Mr. Juan Carlos Galvis has a security scheme consisting of two bodyguards assigned by the DAS in agreement with the Ministry of the Interior and he has an armoured vehicle, two 9mm pistols, an UZI machine pistol and an avantel radio. The official also has an avantel radio, a mobile phone and a revolver”. “The official has repeatedly complained to international and national NGOs about alleged threats and armed attacks against him. However the national police have carried out inquiries but have not obtained any information to confirm the complaints. (…) As preventive measures, constant random patrols have been carried in the neighbourhood of Mr. Juan Carlos Galvis’ house at No. 25-30, 47th street, Recreo district, and security measures have been maintained around his family’s home at No. 76-15, 18th avenue A, 20th January District, and constant communication has been maintained with the official, thus providing prompt and precise information on threats or intimidation against him”. “The victim was provided with a self-protection manual, with precise measures to be taken during his activities”. The Department of Administrative Security (DAS) provided confidential information and expressed the following considerations.
1333. The inquiries into the incidents of 22 August this year near the Santo Thomas premises in the Buenos Aires district of the city, at the junction of 47th street and 19th avenues, where an exchange of shots was heard, lead to the following conclusions:
1334. (1) The incident and its occurrence was a matter of chance, since it was a typical criminal act by a common criminal against citizens who minutes before had cashed a cheque for three million pesos at the Bancafe bank, just as, by coincidence, the abovementioned Toyota Prado estate, registration number OBF 304, assigned for the protection of CUT president Juan Carlos Galvis, was passing. They immediately observed the incident occurring yards away from them, taking immediate action on seeing the shots fired by the criminals at the victims, and fired their weapons in the air. This caused the attackers to drive off on a motorcycle, and escape, helmets closed, firing the weapon they had used in the crime.
1335. (2) The incident was a matter of chance and was at no time an attempted murder as originally claimed by Mr. Juan Carlos Galvis and his bodyguards, Mr. Galvis’ opinion being that it was presumably linked to his current office and union membership.
1336. (3) As a result of the inquiries and the above, the explanation of the attempt on the life of Mr. Juan Carlos Galvis is wholly discredited, since the inquiries made and recorded in this report show that it was an attack by common criminals against Mr. José Libardo Santos Ardila, in which they robbed him of the sum of three million pesos in cash.
1337. It should be noted that in one part of the statement taken from Mr. José Libardo Santos Ardila, it is stated that moments after the incidents and when the car had set off in pursuit of the persons riding the black RX motorcycle, the men in the vehicle returned to the scene of the incident and asked Mr. Santos Ardila about the reasons for the incident. Mr. Santos Ardila told them what had happened. We do not understand why when the bodyguards and Mr. Galvis knew the true facts, they told the DAS and the Prosecutor’s Office a different version.
1338. Information relating to Appendix I of the Committee’s 331st report (alleged acts of violence against trade union officials or members up to the Committee’s meeting of March 2003 for which the Government has not sent its observations or has not reported the initiation of investigations or judicial procedures), in particular where it considers the information supplied by the complainants insufficient
1339. 443. The Government sends information on the following complaints contained in Appendix I
1340. Murders
1341. (1) Edison Ariel, on 17 October 2000, member of SINTRAINAGRO:
1342. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1343. (2) Francisco Espadín Medina, member of SINTRAINAGRO, on 7 September 2000, in the Municipality of Turbo:
1344. The Antioquia section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required in order to assess whether criminal proceedings are viable.
1345. (3) Ricardo Florez, member of SINTRAPALMA, 8 January 2001:
1346. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1347. (4) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches:
1348. The Bucaramanga section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required in order to assess whether criminal proceedings are viable.
1349. (5) Alberto Pedroza Lozada, 22 March 2001:
1350. After consulting the Prosecutor’s Offices in the directorates and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1351. (6) Ramón Antonio Jaramillo, prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region:
1352. The Cali section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1353. (7) Arturo Escalante Moros, member of USO, disappeared on 27 September and found dead on 19 October 2001:
1354. Offence: Aggravated homicide
1355. Facts: Vía Las Lajas, Tibú, La Gabarra, North Santander, disappeared on 27 September and found dead on 16 October 2001
1356. Authority: Special Prosecutor’s Office 3, Cúcuta, terrorism unit
1357. Stage: Preliminary – inhibitory from 29 December 2002
1358. (8) Armando Buitrago Moreno, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001:
1359. The section directorates of prosecutions in the country report that having consulted each of the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1360. (9) Julián Ricardo Muñoz, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001, in Bogotá:
1361. On the investigation into the murder of Mr. Julián Ricardo Muñoz, the Prosecutor’s Office reported that “(…) the file number of the investigation is 53878; special Prosecutor’s Office 15, Bogotá terrorism unit, is conducting the investigation, at the preliminary stage, active. However, the Prosecutor’s Office notes that Mr. Muñoz was an investigator in CTI 06 of the Judicial Branch, but his connection with the union ASONAL, has yet to be established (…)”.
1362. (10) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 2 July 2001, in Antioquia, by guerrilla forces:
1363. The Antioquia section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1364. (11) Prasmacio Arroyo, member of the Magdalena Teachers’ Union (SINTRASMAG), on 26 July 2001, in Magdalena:
1365. The Santa Marta section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1366. (12) César Bedoya Ortiz, activist of the University Teachers’ Association (ASPU), on 16 August 2001, in Bolívar:
1367. Offence: Homicide
1368. Facts: The victim’s body was found on 27 August 2001 in the neighbourhood of Carmen del Bolívar
1369. File No.: 3.442
1370. Authority: Prosecutor’s office 43, Carmen del Bolívar section
1371. Stage: Preliminary – active
1372. (13) César Arango Mejía, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 24 August 2001, in Risaralda:
1373. “Dr Arango was working as Administrative and Finance Director, Pereira section, at the time of his death by natural causes (cardiac arrest) on 24 August 2001. On 7 February 2003, a letter signed by the vice-president of the National Association of Officials and Employees of the Judicial Branch, Luis Fernando Otalvaro Calle, stating that Mr. César Arango Mejía was not a member of ASONAL JUDICIAL”.
1374. The Prosecutor’s Office also reconfirmed last 30 August 2003 the following:
1375. Victim: César Augusto Arango Mejía
1376. Organization: National Association of Civil Servants and Judicial Employees (ASONAL)
1377. Authority: The Pereira section directorate of prosecutions reports that the death of Dr César Augusto Arango Mejíawas due to natural causes (heart attack) in Apia, Risaralda, on 24 August 2001 while he was in his office at the Pereira Directorate of Administration and Finance, of which he was the head. Consequently, no investigation is being conducted into the matter and the Government therefore requests that the complaint should be withdrawn from Case No. 1787
1378. (14) Plutarco Herrera Gómez, member of the Claims Committee of the National Union of Cargo Handlers in Colombian Maritime Ports, on 30 September 2001, in Valle del Cauca, by paramilitaries:
1379. Facts: 30 September 2001
1380. File No.: 5479
1381. Authority: Prosecutor’s office 39, Buenaventura section
1382. Stage: Preliminary – inhibitory
1383. Organization: National Union of Cargo Handlers in Maritime Ports
1384. Motives: Unknown
1385. (15) Milena Pereira Plata, ASINORTH, on 30 October 2001, in Santander, by the FARC:
1386. The Bucaramanga section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1387. In addition, the president of the North Santander Teachers’ Association (ASINORT) informed the Human Rights Office in the Ministry of Social Protection in letter No. 107 of 28 May 2003 that “with reference to your letter of 14 may 2003, requesting information about the murder of Ms. Milena Pereira Plata, we must inform you that after checking the union’s files, there is no relationship with that lady. We also requested information from the FERD news office and she was not registered there as a teacher, either. We should also mention that the present executive board of ASINORT took office on 17 January this year and we have no knowledge of the matter concerning which your office seeks information”. In the light of the foregoing, therefore, the Government requests that this complaint should be withdrawn from Case No. 1787 because it does not concern a violation against union members or leaders.
1388. (16) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001, in Ciénaga, by paramilitaries:
1389. The Santa Marta section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1390. (17) Eliécer Orozco, FENSUAGRO, on 11 November 2001, in Ciénaga, by paramilitaries:
1391. The Santa Marta section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1392. (18) María Leida Montoya, activist of the Antioquia Teachers’ Association, on 30 November 2001, in Antioquia:
1393. Facts: Medellín, 30 November 2001
1394. File No.: 502,247
1395. Victim: María Aleida Diez Montoya
1396. Authority: Prosecutor’s office 112, Medellín section
1397. Stage: Preliminary – suspended
1398. Organization: Unknown
1399. Motives: To be established
1400. (19) Herlinda Blando, member of the Union of Teachers and Lecturers of Boyacá, on 1 December 2001 in Boyacá, by paramilitaries;
1401. The Tunja section directorate of prosecutions reports that according to information received from the various Prosecutor’s Offices in the section, there is no investigation in progress concerning this matter. The prosecution service judicial information system (SIJUF) was also reviewed, but no mention was found.
1402. (20) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001, in Antioquia:
1403. The Medellín section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1404. (21) Adolfo Flórez Rico, activist of the National Union of Workers in the Construction Industry (SINDICONS), on 7 February 2002, in Antioquia, by paramilitaries:
1405. The Medellín section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1406. (22) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002, in Tolima, by paramilitaries:
1407. The Ibagué section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1408. (23) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002, in Tolima, by paramilitaries:
1409. The Ibagué section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1410. (24) Marcos Antonio Beltrán, activist of SUTEV, on 1 March 2002, in Valle del Cauca:
1411. Facts: 11 March 2002 in Tenerife, rural area in the municipality of Palmira, Valle
1412. Victims: Marcos Antonio Beltrán Banderas and Alexander Amaya Bueno
1413. File No.: 518367
1414. Authority: Special Prosecutor’s office 5, Cali
1415. Stage: Preliminary – active
1416. Organization: He was a union leader of SUTEV, the Valle Single Teachers’ Union, confirmed by the union’s human rights committee, Ms. Ana Milena Ortiz
1417. (25) Jorge Alberto Alvarez, member of SUTIMAC, on 6 August 2001 in the outskirts of Santa Bárbara:
1418. Victim: Jorge Alberto Alvarez Vélez
1419. File No.: 1702
1420. Authority: Prosecutor’s office, Santa Barbara section
1421. Stage: Preliminary – suspended
1422. Organization: SUTIMAC
1423. (26) César Gómez, President of the Pamplona Subcommittee of the National Union of University Workers of Colombia (SINTRAUNICOL), on 5 September 2002, in the municipality of Pamplona, Department of North Santander:
1424. File No.: 49553
1425. Authority: Cúcuta section directorate of prosecutions
1426. Stage: Preliminary – active
1427. Organization: SINTRAUNICOL
1428. (27) Miguel Lora Gómez, member of the executive board of the Confederation of Workers of Colombia (CTC) on 9 September 2002:
1429. File No.: 038 bis
1430. Offence: Homicide
1431. Facts: Maicao, Guajira, 11 September 2002
1432. Authority: Prosecutor’s office 001, Maicao section
1433. Stage: Institution of judicial proceedings – active, a person has been arrested
1434. Organization: It does not appear from the proceedings that the victim belonged to a trade union. However, the president of the Confederation of Workers of Colombia, Mr. Apecides Alvis stated publicly that Mr. Miguel Lora Gómez was a member of the national executive board of the CTC and founder of the Union of Travelling Salesmen and Street Vendors of the municipality of Maicao (Guajira)
1435. Motives: Unknown
1436. Abductions and disappearances
1437. (1) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, town of Cali:
1438. The Cali section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required in order to assess whether criminal proceedings are viable.
1439. (2) Marco Tulio Agudero Rivera, ASONAL-CUT, in the municipality of Cocorna, on 5 October 2001:
1440. Victim: Marco Tulio Agudero Rivera
1441. Offence: Abduction
1442. File No.: 547
1443. Authority: Special Prosecutor’s office 53, Oriente district (gaula)
1444. Stage: Preliminary
1445. Organization: National Association of Officials and Employees of the Judicial Branch (ASONAL-CUT)
1446. (3) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001:
1447. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required in order to assess whether criminal proceedings are viable.
1448. (4) Victor Manuel Jiménez Frutos, Vice-President of the Agricultural Workers’ Union of the Department of Atlántico (SINTRAGRICOLAS-FENSUAGRO-CUT), disappeared on 22 October 2002, in the municipality of Ponedera, Department of Atlántico:
1449. “(…) Mr. Victor Manuel Jiménez Fruto, Vice-President of the Agricultural Workers’ Union of the Department of Atlántico (SINTRAGRICOLAS-FENSUAGRO-CUT), had replaced Saúl Colpas Castro, and disappeared on 22 October 2002 in the municipality of Ponedera, Department of Atlántico. The Human Rights Office in the Ministry of Social Protection sent letter No. DH 0080 of 29 January to Dr David Martínez Atencia, prosecutor attached to the criminal court, Barranquilla Regional Directorate and letter DH 075 of 28 January to Dr Genel Fernández, Director of the National Human Rights and IHL Unit in the Attorney-General’s Office, with a view to investigating the abovementioned matter. Thus, the Barranquilla prosecutor attached to the criminal judges of the special circuit replied to our DH 080 of 28 January 2003 by letter No. 138GPR. Dr Gloria Palencia Rojas, technical section II in the Barranquilla Prosecutor’s Office replied as follows: “(…) indeed in this office, special Prosecutor’s Office 2, a preliminary investigation is being conducted, File No. 139121, into the disappearance of Mr. Victor Manuel Jiménez Fruto. It should be noted that by a decision of 5 November 2002, the preliminary investigation was ordered, and certain proceedings were also ordered, including instructing the CTI in this city to undertake intelligence operations to establish the full facts about the disappearance of Mr. Victor Manuel Jiménez Fruto. The preliminary investigation by the CTI was attached – AIP No. 642 of 22 November 2002. It should be noted that among the evidence relating to the investigation it was not possible to establish that Mr. Jiménez Fruto had been murdered. In addition, by a decision of 18 February, further evidence was ordered, including receiving a sworn statement from an official of the Committee for Solidarity with political prisoners, a town councillor and inhabitants of the municipality of Ponedera (…)”.
1450. The Government takes the opportunity to reiterate information on this matter:
1451. Offence: Forced disappearance
1452. File No.: 139121
1453. Authority: Prosecutor’s office 32, Barranquilla section
1454. Stage: Preliminary – active
1455. Organization: Vice-president of SINTRAGRICOLA
1456. (5) Ramón Alzate, Javier Agudelo, Jhon Jairo Sánchez and Rafael Montoya, members of SUTIMAC, were abducted on 6 April 2001 and released on 11 April:
1457. File No.: 435,114
1458. Victims: Ramón Alzate, Javier Agudelo, Jhon Jairo Sánchez and Rafael Montoya
1459. Facts: La Virgen area, municipality of Santa Bárbara, 6 April 2001
1460. Authority: Special Prosecutor’s office 18, Medellín
1461. Stage: Preliminary – active
1462. Organization: Not known – employees of Cementos el Cairo
1463. Motives: Unknown
1464. Attempted murders
1465. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000:
1466. On 26 May 2003, Mr. Julio Roberto Gómez and Mr. Cérvulo Bautista, general secretary and deputy general secretary of taxation, respectively, replied to letter DH 14010 of 15 April and DH 108 and 110 of 23 April 2003 sent by the Human Rights Office in the Ministry of Social Protection, as follows: “(…) in reply to your inquiry in DH 1410 of 15 April 2003 concerning the César Andrés Ortiz case, on Tuesday 26 December 2000, at 8 p.m., our colleague César Andrés Ortiz, identity card no 80,231,875 from Bogotá, who was then 21 years old, and working as a messenger in the National Institute of Social Studies (INES) and coordinator of the CGTD youth group in Ciudad Bolívar, was shot by unknown persons near his home in the Juan Pablo II district. As a result of the attack, he underwent surgery, and since then has become paraplegic for life and now moves in a wheelchair (…)”.
1467. (2) Heberth Cuadros, member of the Valle del Cauca Single Union of Education Workers (SUTEV), on 16 November 2001:
1468. Offence: Threats
1469. Victim: Heberth Jesús Cuadros Sánchez
1470. Facts: 24 September 2001 in the Ciudadela Comfandi district, Cali
1471. File No.: 444747
1472. Authority: Prosecutor’s office 93, Personal Liberty and other Guarantees Unit, Cali
1473. Stage: Preliminary – active
1474. (3) The national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002 in Bogotá:
1475. On 5 June 2003, the Human Rights Office in the Ministry of Social Protection received a letter from Mr. José Rodrigo Acevedo Pérez, attorney to the national executive board of SINTRAELECOL, requesting information on what happened at the SINTRAELECOL headquarters, Bogotá, on 8 July 2002: “We attach copies of the documents relating to complaints of the incidents that occurred on 8 July 2002 at the national headquarters against José Rodrigo Acevedo Pérez, human rights secretary at the time and the threat on 16 July 2002 against colleagues in the Arauca Power Company ENELAR”. Indeed, enclosed with the letter was a copy of the communication addressed to Dr Carmen María Lasso, area coordinator of the Ministry of the Interior Protection Programme, in which the victim of the attack requests the assistance of that body in re?assessing her security scheme and analysis of her case by the DAS. Also enclosed is a copy of complaint No. 186 of 8 July 2002 to the DAS special criminal police unit in Bogotá, for attempted murder and threats against Mr. Acevedo Pérez.
1476. The Bogotá section directorate of prosecutions reports that having consulted the Prosecutor’s Offices in the section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required in order to assess whether criminal proceedings are viable.
1477. Death threats
1478. (1) Giovanni Uyazán Sánchez:
1479. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1480. On 26 May 2003, Mr. Julio Roberto Gómez and Mr. Cérvulo Bautista, general secretary and deputy general secretary of taxation, respectively, replied to letters DH 108 and 110 of 23 April 2003 sent by the Human Rights Office in the Ministry of Social Protection, as follows: “(…) as regards the cases referred to in your letter, file Nos. 48938 and 48988 of 23 April 2003, cases of Mr. Armando Cuellar Valbuena and Giovanni Uyazán Sánchez, we have no information and they are not included in our list of members”.
1481. (2) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers:
1482. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1483. (3) The following officials and members of USO: Carlos Oviedo, César Losa, Ismael Ríos, Julio Saldaña, Ladislao Rodríguez, Luis Linares, Rafael Ortiz, Ramiro Luna:
1484. Victim: Luis Enrique Linares Triana
1485. Offence: Threats
1486. Authority: Prosecutor’s office 242, Bogotá
1487. Stage: Preliminary – inhibitory on 11 February 2003
1488. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1489. (4) Rosario Vela, member of SINTRADEPARTAMENTO:
1490. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1491. On 5 June 2003, the Human Rights Office received a letter signed by the general secretary of the Workers and Staff Union of the Department of Antioquia, stating that: “… concerning the alleged death threats against Ms. RosarioVela, having reviewed the files of all our members, we find that the lady in question does not belong to and is not a member of our trade union”.
1492. (5) Numerous officials and members of FECODE:
1493. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1494. (6) Against SINTRAHOINCOL workers on 9 July 2001:
1495. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1496. (7) Rusbel, INCORA official, on 14 August 2001:
1497. On 26 May 2003, the human resources coordinator of INCORA replied to letter DH 072 – 14010 of the Human Rights Office in the Ministry of Social Protection, sent on 21 April 2003, as follows: “I wish to inform you that the letter requesting information on alleged threats against Mr. Leonel Pasta was referred to the Nariño regional branch for its attention as he was an official of that region. (…) as regards Mr. Rusbel, he is not a plant official, however if possible, please provide us with his full name and surname (…)”.
1498. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred and the full name of the victim, in order to assess whether criminal proceedings are viable.
1499. (8) Jesús Tovar and Ildis Jarava, ANTHOC officials, were followed by heavily armed men from 16 August 2001:
1500. Offence: Threats
1501. Authority: Prosecutor’s office 22, Barranquilla section
1502. File No.: 138,458
1503. Stage: Preliminary – active
1504. Organization: CUT branch
1505. (9) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001:
1506. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning these threats. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1507. (10) Against trade union officials in Yumbo:
1508. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the prosecution service judicial information system (SIJUF), there is no investigation in progress concerning this murder. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1509. (11) The headquarters of SINTRAHOINCOL:
1510. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service (SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1511. (12) Against the officials of the Cali Municipal Enterprises Union (SINTRAEMCALI): Alexander López Maya, Luis Hernández and the other members of the executive committee received a communication from paramilitary groups:
1512. The following investigations are currently being conducted into threats against trade union members and leaders and members of the SINTRAEMCALI Executive Board:
1513. Victims: Luis Hernández Monroy and Oscar Figueroa Pachongo
1514. Facts: 22 February 2003
1515. File no.: 578048
1516. Authority: Prosecutor’s office 94, Personal Liberty and other Guarantees Unit
1517. Stage: Preliminary – active
1518. Victim: Alexander López Maya
1519. Facts: 26 June 2003
1520. File no.: 575219
1521. Authority: Prosecutor’s office 36, Personal Liberty and other Guarantees Unit
1522. Stage: Preliminary – active
1523. Victim: Alexander López Maya
1524. Facts: 11 April 2002
1525. File no.: 561,463
1526. Authority: Prosecutor’s office 89, Personal Liberty and other Guarantees Unit
1527. Stage: Preliminary – active
1528. Victim: Alexander López Maya
1529. Facts: 12 January 2002
1530. File no.: 561,442
1531. Authority: Prosecutor’s office 30, Personal Liberty and other Guarantees Unit
1532. Stage: Preliminary – active
1533. Victims: Alexander López Maya, William Escobar, Berenice Celeyta, Ariel Díaz, Oscar Figueroa Domínguez, Jesús González, Luis Hernández Monroy
1534. Facts: 1 May 2002
1535. File no.: 561442
1536. Authority: Prosecutor’s office 30, Personal Liberty and other Guarantees Unit
1537. Stage: Preliminary – active
1538. Victims: Luis Hernández, Rubén Darío González, Oscar Figueroa
1539. Facts: 1 June 2002
1540. File no.: 537013
1541. Authority: Prosecutor’s office 94, Personal Liberty and other Guarantees Unit
1542. Stage: Preliminary – active
1543. Victims: Luis Hernández Monroy and Robinsón Masso
1544. Facts: 28 May 2003
1545. File no.: 537013
1546. Authority: Prosecutor’s office 91, Personal Liberty and other Guarantees Unit
1547. Stage: Preliminary – active
1548. Victim: Luis Hernández
1549. Facts: 12 March 2002
1550. File no.: 561473
1551. Authority: Prosecutor’s office 89, Personal Liberty and other Guarantees Unit
1552. Stage: Preliminary – active
1553. Victim: Luis Hernández
1554. Facts: 22 February 2002
1555. File no.: 561457
1556. Authority: Prosecutor’s office 29, Personal Liberty and other Guarantees Unit
1557. Stage: Preliminary – active
1558. (13) Gerardo González Muñoz, member of FENSUAGRO-CUT:
1559. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service (SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1560. (14) Workers and members of the Arauca Power Company, by paramilitaries:
1561. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service (SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1562. (15) In Arauca, activists of the Teachers’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC):
1563. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service (SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1564. (16) Saúl Suárez Donado, activist of the Workers’ Trade Union, by paramilitaries: when he complained of the incident to the Human Rights Unit in the Attorney-General’s Office, on 19 September 2002, he was detained on a charge of rebellion:
1565. Victim: Saúl Suárez Donado
1566. Offence: Threats
1567. File no.: 52424
1568. Authority: Prosecutor’s office 15, Neiva section
1569. Stage: Preliminary – inhibitory on 16 June 2002 and provisionally archived
1570. Facts: Neiva, 7 April 2002
1571. Accused: Saúl Suárez Donado
1572. Offence: Rebellion
1573. Facts: Bucaramanga, 17 May 2001, raid on his house and arrest
1574. Authority: Prosecutor’s office 8, Bucaramanga section
1575. File no.: 103619
1576. Stage: institution of judicial proceedings – preclusion in appeal court
1577. Victim: Saúl Suárez Donado
1578. Offence: Aggravated illegal coercion
1579. Facts: Barrancabermeja, 20 September 2002
1580. File no.: 170128
1581. Authority: Special Prosecutor’s office 06, Bucaramanga
1582. Stage: Preliminary – active
1583. (17) Efraín Holguín, Fernando Trujillo Lozada and José Eduardo Villa Garzón, officials of the Workers’ Union of the Empresa de Acueducto y Alcantarillado of Bogotá (SINTRACUEDUCTO-CUT), in October 2002:
1584. Victim: Fernando Trujillo Lozada
1585. Authority: Prosecutor’s office 239, Offences against Personal Liberty and other Guarantees Unit, Bogotá
1586. Offence: Threats
1587. File no.: 665525
1588. Stage: Preliminary – documents received in Apia on 26 December 2002 and transferred to the jurisdiction of the Tequendama Police Command
1589. Victim: Efraín Holguín Zarate
1590. Authority: Prosecutor’s office 242, Bogotá section
1591. Offence: Threats
1592. File no.: 665524
1593. Stage: Preliminary – inhibitory 22 May 2003
1594. Harassments
1595. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace:
1596. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service (SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1597. (2) Henry Armando do Cuéllar Valbuena, harassed and physically assaulted:
1598. File no.: 50780
1599. Offence: Threats
1600. Authority: Prosecutor’s office 1, Neiva section
1601. Stage: Preliminary – inhibitory decision dated 6 February 2003
1602. Facts: Neiva, 25 March 2003
1603. Organization: President of ASODEFENSA
1604. Victim: Henry Armando Cuéllar Valbuena
1605. File no.: 42746
1606. Offence: Threats
1607. Authority: Prosecutor’s office 2, Neiva section
1608. Stage: Preliminary – referred to the Military Criminal Court of the Tenerife Battalion based in Neiva, for reasons of jurisdiction
1609. (3) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2001:
1610. The section directorates of prosecutions in the country report that having consulted the Prosecutor’s Offices in their section and the judicial information system of the prosecution service(SIJUF), there is no investigation in progress concerning this case. Further information is required, such as the place where the incident occurred, in order to assess whether criminal proceedings are viable.
1611. (4) Mario de Jesús Castañeda, President of the CUT-HUILA subcommittee, on 28 October 2002 for distributing propaganda concerning the national strike convened by the CUT:
1612. File no.: 68035
1613. Offence: Threats
1614. Date: 4 March 2003
1615. Authority: Prosecutor’s office 16, Neiva section
1616. Stage: Preliminary – active
1617. Organization: CUT, Huila branch
1618. Motives: Unknown
1619. File no.: 47993
1620. Offence: Threats
1621. Facts: Neiva, 9 January 2002
1622. Authority: Prosecutor’s office 1, Neiva section
1623. Stage: Institution of judicial proceedings – active
1624. Organization: CUT, Huila branch
1625. Motives: Unknown
1626. Sendings of civilians to war zones
1627. In the Ministry of Defence, as a means of anti-trade union harassment, civilians continue to be forced to go to war zones wearing military uniform, without weapons or military training. The following people have been subjected to this:
1628. (1) Carlos Julio Rodríguez García, member of ASODEFENSA;
1629. (2) José Luis Torres Acosta, member of ASODEFENSA;
1630. (3) Edgardo Barraza Pertuz;
1631. (4) Carlos Rodríguez Hernández; and
1632. (5) Juan Posada Barba.
1633. In this regard, the Ministry of National Defence, in communication No. 00599 Human Rights-725 of 4 September 2003 sated that “(…) in accordance with the opinion issued by the legal adviser to the Army Human Development Department, it is necessary to define the meaning and scope attached to the term “war areas” by the trade unions, since the Ministry of Defence, in Decision No. 10412 of 1995, designated some regions of the country as a question of public order. Due to the inter-institutional mission of the national army, its officials are frequently called upon in the performance of their duties to restore public order, which does not mean that they are working in conflict or war zones. Conscious of the need for the military forces to employ civilian staff in the area of public order, the legislator described the different situations which can arise as a result of serving in such areas. Thus, as such situations are contemplated in the law, such as recognition of a public order bonus, sending civilians to such areas in compliance with the requirements of each case is legitimate, provided that the staff, mainly drivers, are only assigned to participate in operations to restore and maintain public order and perform duties that are appropriate to their position. As regards the assertion that civilians are obliged to wear uniform, it should be noted that this is a prohibited practice, a fact which will be disseminated through an internal circular of the Army Human Development Department (…)”. The Ministry also stated that “(…) as drivers working for the armed forces have to transport troops in their assigned units to areas to restore public order, this does not mean that the driver is working in a war zone in the true sense (…)”.
1634. Detentions
1635. On 19 October 2001, the following USO officials (active and retired): Edgar Mojica, Luis Viana, Ramón Rangel, Jairo Calderón, Alonso Martínez and Fernando Acuña, former president of FEDEPETROL.
1636. The Attorney-General’ Office informed the Human Rights Office in the Ministry of Social Protection that in the case of these and other detentions, investigations are being conducted into suspected rebellion, as follows:
1637. Accused: Aldemar Ortiz Cubillos, Ramón Rangel Guerra, Fernando Acuña Rodriguez, Jaibo Calderón Rueda, Luis Eduardo Viana Madera, Alfonso Martínez Arias and Edgar Mojica Vargas: the investigation is being conducted by the National Human Rights and International Humanitarian law Unit in the Prosecutor’s Office , File No. 1127, for the offence of rebellion, current status: determination of charge, Criminal Court No. 7 of the Bucaramanga circuit.
1638. 444. The Government adds that the National Ministry of Defence issued Directive No. 09 on 3 July 2003 on Ministry of Defence policies concerning the human rights of trade unionists and human rights defenders. Under this directive, and to guarantee protection of the human rights of trade union leaders and human rights defenders, the Military High Command and the Directorate General of the national police must:
1639. (1) Issue the necessary instructions to ensure that the requirements for protection of trade union leaders and human rights defenders are duly satisfied, within the framework of their respective jurisdictions.
1640. (2) Pay special attention to information concerning threats by illegal armed groups against trade union leaders and human rights defenders, once having verified them.
1641. (3) Issue the necessary instructions to ensure that law enforcement officers refrain from making unfounded statements that might endanger the persons of trade union leaders and human rights defenders. In the case of the latter, Presidential Decree No. 07 of 1999, concerning support, dialogue and collaboration by the State with human rights organizations must be strictly applied.
1642. (4) Include issues concerning the human rights of workers and trade union leaders, as well as the work done by human rights defenders in training programmes and military and police training.
1643. (5) Seek mechanisms for permanent contact and dialogue with such persons.
1644. (6) Inform this office of the results of actions taken to protect the rights of trade union leaders and human rights defenders.
1645. (7) Inform this office of the actions and plans of the armed forces and the national police to fulfil the security requirements of such persons.
1646. 445. Finally, in a communication dated 10 February 2004, the Government sent a list of trade union executives murdered in 2003, according to their department of origin.

D. The Committee’s conclusions

1. 446. The Committee notes with deep regret that the allegations submitted since the previous examination of the case in June 2003 include 59 murders (all committed in 2003), one attempted abduction, three abductions, ten threats, two raids, two disappearances and six attempted murders.
2. 447. The Committee notes the extensive information supplied by the Government in which it gives details of the administrative and judicial investigations being conducted into the murders, disappearances and other acts of violence against trade union leaders set out in the section “new allegations” and in Appendix I of the 331st Report of the Committee and concerning the recent allegations, as well as a list of the protection measures established for certain trade unions which are particularly threatened.
3. 448. The Committee notes that the Government refutes the trade union membership of some of the victims to be listed below and in certain cases states that the information provided by the complainants is not sufficient to identify the Prosecutor’s Offices conducting the investigations and that the trade unions which they had asked for information have not replied.
   • Information submitted by the Government with respect to the allegations found in the section “new allegations” of the 331st Report of the Committee
4. 449. The Committee notes that in respect of these allegations, which include 84 murders, one disappearance, eight detentions, threats and six other acts of violence, the Government sent information on almost all of them. The Committee observes that:
   • (a) Concerning the 84 alleged murders:
     • - there has been only one conviction, in the case of the murder of Cristina Echeverri Pérez, member of EDUCAL, in 2002;
     • - three investigations have reached the trial stage;
     • - in seven investigations, the institution of judicial proceedings stage has not yet been completed;
     • - seven investigations have been suspended;
     • - in ten investigations, an inhibitory order was made;
     • - five investigations have been archived;
   • - 41 investigations are at the preliminary stage and active;
     • - in the case of eight investigations, nothing is reported for lack of sufficient information;
     • - in two cases, it is reported that the alleged victims are alive.
   • (b) Concerning the alleged abduction of Mr. Palacio Restrepo, the investigation is at the preliminary stage and active.
   • (c) Concerning the eight alleged detentions:
     • - two are at the trial stage;
     • - four are at the institution of judicial proceedings stage;
     • - one investigation was closed;
     • - in one case, nothing is reported for lack of sufficient information;
   • (d) concerning the alleged threats, the Government reports that:
     • - in one case, the victim has a security scheme;
   • - 31 cases are at the preliminary stage and active.
     • (The cases mentioned in paragraphs (a), (b), (c) and (d) in respect of which the Government indicates that it does not have sufficient data are as follows:
   • (1) María Meza Pabón, member of EDUMAG, in 11 August 2000, in Pivijay, Department of Magdalena;
5. (2) Mauricio Angarita, member of ASINORT, on 11 February 2002, in Cúcuta, North Santander. It is not known whether this is his correct name;
6. (3) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín;
7. (4) Miguel Acosta García, member of EDUMAG, on 13 April 2002, in Aracataca, Department of Magdalena;
8. (5) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta;
9. (6) José del Carmen Lobos, member of ADEC, on 15 October 2002, in Bogotá;
10. (7) Edgar Rodríguez Guaracas, member of ADEC, on 15 October 2002, in Bogotá;
11. (8) Cecilia Gómez Córdoba, member of SIMANA on 20 November 2002, in El Talón de Gómez, Department of Nariño;
12. (9) Nicodemo Luna, official of the Petroleum Industry Workers’ Trade Union (USO), detained on 18 December 2002, tortured and later transferred to Military Brigade No. 3 of Cali.)
    • Information provided by the Government with
    • respect to the allegations found in Appendix I of the 331st Report (on which it had not communicated its observations or on which it had not reported that investigations had begun)
      • (a) Concerning the 27 alleged murders:
        • - in one investigation, the institution of judicial proceedings stage has begun;
        • - in two, an inhibitory order was made;
        • - four are at the preliminary stage and active;
        • - two have been suspended;
        • - in one case, death was due to natural causes;
        • - in 17 cases, nothing is reported by the Government for lack of sufficient information.
      • (b) Concerning the five allegations concerning abductions and disappearances:
        • - three investigations are at the preliminary stage and active;
        • - in two cases, nothing is reported by the Government for lack of sufficient information
      • (c) Concerning the three attempted murders:
        • - one is at the preliminary stage and active;
        • - in two cases, nothing is reported by the Government for lack of sufficient information;
      • (d) Concerning the 16 alleged death threats:
        • - in two cases, the Government reports on the protection measures adopted;
        • - four cases are at the preliminary stage and active;
        • - in two cases, nothing is reported by the Government for lack of sufficient information.
      • (e) Concerning the four alleged cases of harassment:
        • - two cases are at the preliminary stage and active;
        • - in two cases, nothing is reported by the Government for lack of sufficient information
      • (The allegations mentioned in respect of which the Government does not have sufficient data are as follows:
    • (1) Edison Ariel, murdered on 17 October 2000, SINTRAINAGRO;
13. (2) Francisco Espadín Medina, murdered on 7 September 2000, SINTRAINAGRO;
14. (3) Ricardo Florez, murdered on 8 January 2000, SINTRAPALMA;
15. (4) Raúl Gil, murdered on 11 February 2001 in the municipality of Puerto Wilches, SINTRAPALMA;
16. (5) Alberto Pedroza Lozada, murdered on 22 March 2001;
17. (6) Ramón Antonio Jaramillo, murdered on 10 October 2001, in the Valle del Cauca, by paramilitaries, SINTRAEMSDES;
18. (7) Armando Buitrago Moreno, murdered on 6 June 2001, ASONAL;
19. (8) Eduardo Edilio Alvarez Escudelo, murdered on 2 July 2001 in Antioquia, by guerrilla forces, ASONAL;
20. (9) Prasmacio Arroyo, murdered on 26 July 2001, in Magdalena , SINTRASMAG;
21. (10) Milena Pereira Plata, murdered on 30 October 2001, in Santander, by the FARC, ASINORTH;
22. (11) Eliécer Orozco, murdered on 11 November 2001, in Ciénaga, by paramilitaries, FENSUAGRO;
23. (12) María Leida Montoya, murdered on 30 November 2001 in Antioquia, ADIDA;
24. (13) Herlinda Blando, murdered on 1 December 2001 in Boyacá, by paramilitaries, Boyacá Union of Teachers and Lecturers;
25. (14) Alberto Torres, murdered on 12 December 2001, in Antioquia, ADIDA;
26. (15) Adolfo Flórez Rico, murdered on 7 February 2002, in Antioquia, by paramilitaries, SINDICONS;
27. (16) Alfredo González Páez, murdered on 15 February 2002, by paramilitaries in Tolima, ASEINPEC;
28. (17) Oswaldo Meneses Jiménez, murdered on 15 February 2002, by paramilitaries in Tolima, ASEINPEC;
29. (18) Germán Medina Gaviria, disappeared on 14 January 2001, SINTRAEMCALI;
30. (19) Iván Luis Beltrán, disappeared on 5 October 2001, FECODE;
31. (20) César Andrés Ortiz, attempted murder on 26 December 2000, CGTD;
32. (21) Giovanni Uyazán Sánchez;
33. (22) Reinaldo Villegas Vargas;
34. (23) Rosario Vela, SINTRADEPARTAMENTO;
35. (24) Jorge Eliécer Londoño, threatened and subjected to harassment since 16 August 2001, SINTRAEMSDES;
36. (25) threats against trade union officials in Yumbo;
37. (26) threats against the headquarters of SINTRAHOINCOL;
38. (27) Gerardo González Muñoz, FENSUAGRO;
39. (28) members of ANTHOC and ASEDAR
40. (29) Esperanza Valdés Amortegui, victim of illegal espionage, ASODEFENSA;
41. (30) Carlos González, assaulted by police, on 1 May 2001, president of the University of Valle Workers’ Union.)
    • Freedom of association and human rights
42. 450. In general, the Committee must once again deplore the extreme gravity of this case in which 59 new allegations of murders of officials and members have been submitted, which, added to the 11 submitted in the previous examination of the case (see 331st Report of the Committee) make a total of 70 cases of murder in 2003. This is less than the allegations of murder denounced in 2002 (159 trade unionists, see 330th and 331st Reports). It demonstrates the difficult situation which the trade union movement still faces in Colombia. The Committee reiterates 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 Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 46].
43. 451. The Committee recalls that in its previous examination of the case it suggested that it would be advisable to deal specifically with situations in which violence against trade union members is very intensive – for example in the petroleum industry, health and education services as well as municipal and departmental administrations.
44. 452. The Committee notes that, following those recommendations, the Government sent detailed information on investigations initiated and protection measures taken in respect of certain trade unions and regions.
    • Investigations into violations of human rights of officials and members of certain trade unions, in general and by Department; protection measures
    • and protection schemes established to guarantee
    • their physical integrity
45. 453. The Committee notes the extensive information on the various measures adopted in respect of certain trade unions:
46. 1. Information on SINTRAEMCALI, which includes not only investigations into acts of violence against trade unionists and trade union premises, but also an outline of the dispute since 2002 between the Cali Municipal Enterprises (EMCALI) and the trade union in the context of which there have been various arrests of union officials and members by the authorities. The Government also provides a list of the protection measures and security schemes established for members of this union. The Committee deplores the fact that the great majority of the investigations are at the preliminary stage and in some cases an inhibitory order has been made.
47. 2. Information in SINALTRAINAL which refers to the investigations instituted by the Government into threats against the officials and members of the union, protection measures and security schemes currently provided to the union.
48. 3. Information on the Petroleum Industry Workers’ Union (USO) on measures agreed between the Ministry of Defence and ECOPETROL to provide broad effective protection and security to the threatened union officials.
49. 4. Information on SINALTRAINAGRO on measures adopted to protect officials and members of the union.
50. 5. Information on the investigations into threats against members and officials of FECODE. The Committee deplores that in this case, too, of the 21 investigations initiated, in only one have judicial proceedings begun while all the remainder are at the preliminary stage, despite the fact that many of the alleged incidents occurred over two years ago.
51. 6. Information concerning SINTRAUNICOL on the protection measures and security schemes established for the benefit of the union and its officials.
52. 7. Information concerning the Department of Risaralda and the acts of violence against union officials, including the investigations into those acts of violence, the protection measures and security schemes established for the officials affected and the measures taken by the Risaralda Department Police Command to deal with the lack of security of union officials in Risaralda.
53. 454. The Committee further notes with interest the information provide by the Government concerning Directive No. 09 of 3 July 2003, issued by the Ministry of Defence on its policies concerning protection of the human rights of trade unionists and human rights defenders. This directive instructs the Armed Forces High Command and the National Directorate of Police to take appropriate steps to protect trade union leaders, paying particular attention to threats by illegal armed groups against trade union leaders and to issue the necessary instructions to ensure that law enforcement officers refrain from making unfounded statements that might expose trade union leaders to greater risk and finally to include issues concerning human rights and the work of trade union leaders in training programmes and military and police training.
54. 455. The Committee requests the Government to continue to keep it informed of the protection measures and security schemes in force and those adopted in the future in respect of other unions and other Departments or regions. The Committee requests the Government to take particular account of those trade unions and regions to which it referred in the previous examination of the case, such as the health services and the Barrancabermeja Gas Company, as well as municipal administrations (municipality of Barrancabermeja) and department administrations (Departments of Valle del Cauca and Antioquia). The Committee requests the Government to send information on all these matters.
55. 456. The Committee observes that the Government has not sent new information on the “Working Plan of the Inter-Institutional Committee for the Prevention of Violations and the Protection of Workers’ Human Rights” to which it had referred in previous examinations of the case.
    • Investigations
56. 457. The Government notes the efforts made by the Government to inform it about investigations in progress into acts of violence against trade union officials and members and observes with interest that they cover a large number of allegations, with the exception of those where, according to the Government, there is insufficient information either to locate the investigation in progress or to determine the possibility of instituting proceedings. The Committee requests the Government to continue to do everything in its power to institute investigations into all the acts of violence alleged up to June 2003, including those where it does not report that investigations or judicial proceedings have been instituted, as well as those mentioned in the section “new allegations” in the present report, and to continue to send its observations on the progress made in the investigations already begun on which the Government has sent its observations (Appendix II).
    • Impunity
57. 458. Nevertheless, the Committee cannot fail to observe the extreme gravity of the situation, which is reflected in the fact that the rate of sentences is extremely low. In fact, of the investigations instituted into the allegations presented in the last examination of the case, in only one has there been a conviction. Moreover, as in previous examinations the great majority are at the preliminary stage or have not gone beyond this stage. The Committee recalls once again that justice delayed is justice denied [see Digest, op. cit., para. 56].
58. 459. Under these circumstances, the Committee feels obliged to reiterate its conclusions in its last examination of the case, namely that the lack of investigations, the limited progress in the investigations already begun and the small number of sentences show a prevailing situation of impunity, which is not without influence upon the situation of violence affecting all sectors of society. The Committee strongly urges once again the Government to take the necessary measures to put an end to the intolerable situation of impunity and punish effectively all those responsible.
    • Trade union status of certain victims
59. 460. The Committee observes that the complainant organizations have not provided information concerning the trade union status of certain victims, denied by the Government in the last examination of the case [see para. 249 of the 331st Report of the Committee]. The Committee notes that in the present examination of the case, the Government once again denies the trade union status of some of the victims, namely: Darwin Salcedo, Carlos Julio Vega Riso, Florentino Suárez Betancourt, Hernando Portillo Moreno, Dionila Vitonas Chilueso, Alirio Vargas Sepúlveda, Marco Antonio Salazar, Mauricio Angarita, Cristina Echeverri Pérez, Francisco Sarmiento Yepes, Barquel Ríos Mena, Caros Emilio Vélez Correo, José Orlando Céspedes García, Santiago Flor María, Heliodoro Sánchez Pena, Miguel Segura Cortés, Bertulfo Borja Clavijo, Luis Eduardo Cataño, Edison de Jesús Toro Gaviria, Luis Eduardo Vélez Arboleda, Gema Lucía Jaramillo, Yaneth Ibarguren, Luis Eduardo Guzmán, Fredy Perilla Montoya, Soraya Patricia Díaz, Nicodemo Luna, César Arango Mejía, Milena Pereira Plata, Giovanni Uyazán Sánchez and Rosario Vela. The Committee requests the complainant organizations to provide the necessary information concerning the victims listed in the previous and present examination of the case in order to clarify the situation.
    • Allegations in respect of which information could not be provided because of insufficient data
60. 461. As regards cases where the Government states that the data supplied by the complainants is insufficient to identify the Prosecutor’s Offices conducting the investigations, the Committee observes that in its last examination of the case, the Government also mentioned a large number of allegations (51) in respect of which it did not have sufficient information. The Committee recalls that on that occasion it reminded the complainants of their duty to collaborate with the Government by providing the maximum detail possible in all cases where so requested. The Committee regrets to observe that to date the complainants have not provided any additional information. In consequence, the Committee once again urges the complainant organizations to do everything in their power to provide the Government with the necessary information concerning the victims for whom the Government does not have sufficient data, listed in the 331st Report as well as the present report, so that the Government can state whether investigations have been instituted into these allegations and what stage they have reached. In turn, the Committee request the Government to continue to endeavour to send all available information concerning the allegations made.
    • Dispute in the EMCALI company
61. 462. As regards the failure to respect the agreement concluded on 29 January 2002 between the Government, the workers of Cali Municipal Enterprises (EMCALI) and the Cali community in which it was provided that the company would not be privatized, the Committee notes the information provided concerning the dispute (basically, the trade union’s opposition to the review of the collective agreement which, according to the Government, is a crucial part of saving the company). The Committee notes that agreement has been reached on certain points, but that many issues remain to be settled. The Committee recalls that in the context of this dispute and the protests to which it gave rise, some trade union officials were arrested. The Committee observes that the Government does not give details of the judicial proceedings instituted subsequently. The Committee requests the Government to keep it informed of developments and whether the persons concerned are still under arrest and to keep it informed about the situation.
    • Other questions
62. 463. The Committee deplores to observe that the Government has not sent its observations on the allegations submitted by the Colombian Federation of Teachers (FECODE) concerning threatening telephone calls, harassment by armed persons, public statements designating them as military targets, warnings to resign their union office, raids on their homes, warnings not to take part in union activities and numerous murders. The Committee requests the Government to send its observations on these matters without delay.

Z. ANNEX

• Appendix I
• Alleged acts of violence against trade union officials or members up to the Committee’s meeting of March 2002 for which the Government has not sent its observations or has not reported the initiation of investigations or judicial procedures
• Murders
  1. (1) Edison Ariel, 17 October 2000, SINTRAINAGRO;
  2. (2) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo;
  3. (3) Ricardo Florez, member of SINTRAPALMA, 8 January 2001;
  4. (4) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches;
  5. (5) Alberto Pedroza Lozada, 22 March 2001;
  6. (6) Ramón Antonio Jaramillo, prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region;
  7. (7) Armando Buitrago Moreno, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001;
  8. (8) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL) on 2 July 2001 in Antioquia, by guerrilla forces;
  9. (9) Prasmacio Arroyo, member of the Magdalena Teachers’ Union (SINTRASMAG), on 26 July 2001 in Magdalena;
  10. (10) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga, by paramilitaries;
  11. (11) Eliécer Orozco, FENSUAGRO, on 11 November 2001 in Ciénaga, by paramilitaries;
  12. (12) Herlinda Blando, member of the Union of Teachers and Lecturers of Boyacá, on 1 December 2001 in Boyacá, by paramilitaries;
  13. (13) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001 in Antioquia;
  14. (14) Adolfo Flórez Rico, activist of the National Union of Workers in the Construction Industry (SINDICONS), on 7 February 2002 in Antioquia, by paramilitaries;
  15. (15) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002 in Tolima, by paramilitaries;
  16. (16) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002 in Tolima, by paramilitaries;
  17. (17) María Meza Pabón, member of EDUMAG, on 11 August 2000, in Pivijay, Department of Magdalena;
  18. (18) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín;
  19. (19) Miguel Acosta García, member of EDUMAG, on 13 April 2002, in Aracataca, Department of Magdalena;
  20. (20) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta;
  21. (21) José del Carmen Lobos, member of ADEC, on 15 October 2002 in Bogotá;
  22. (22) Edgar Rodríguez Guaracas member of ADEC, on 15 October 2002 in Bogotá:
  23. (23) Cecilia Gómez Córdoba, member of SIMANA, on 20 November 2002, in El Talón de Gómez, Department of Nariño.
• Abductions and disappearances
  1. (1) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, town of Cali;
  2. (2) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001.
• Attempted murders
  1. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000. The CGTD provided the Government with the necessary information but there is no investigation;
  2. (2) The national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002 in Bogotá.
• Death threats
  1. (1) Giovanni Uyazán Sánchez;
  2. (2) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers;
  3. (3) Against SINTRHOINCOL workers on 9 July 2001;
  4. (4) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
  5. (5) Against trade union officials in Yumbo;
  6. (6) The headquarters of SINTRAHOINCOL;
  7. (7) Gerardo González Muñoz, member of FENSUAGRO-CUT;
  8. (8) workers and members of the Arauca Power Company, by paramilitaries;
  9. (9) In Arauca, activists of the Teachers’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC).
• Harassment
  1. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
  2. (2) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2001.
• Appendix II
• Alleged acts of violence against trade union officials or members for which the Government has sent its observations
• Arturo Escalante Moros; Julián Ricardo Muñoz, César Bedoya Ortiz, César Arango Mejía, Plutarco Herrera Gómez, Milena Pereira Plata, María Leida Montoya, Marcos Antonio Beltrán, Jorge Alberto Alvarez, César Gómez, Miguel Lora Gómez, Marco Tulio Agudero Rivera, Víctor Manuel Jiménez Frutos, Ramón Alzate, Hebert Cuadros, Jesús Tovar and Ildis Jarava, Alexander López Maya, Luis Hernández, Saúl Suárez Donado, Efraín Holguín, Fernando Trujillo Lozada, José Eduardo Villa Garzón, Henry Armando Cuellar Valbuena, Darwin Salcedo, Carlos Julio Vega Ríos, Florentino Suárez Betancourt, Jesús Antonio Posada Marín, Nelson Romero Romero, Reynaldo Mora Gómez, Hernando Portillo Moreno, Luis Angel Ramos Mesa, José Orlando López Gil, Edilberto Arce Mosquera, Javier Aníbal Amaya Quiceno, Jairo Germán Delgado Ordóñez, Dionila Vitonas Chilueso, Alirio Vargas Sepúlveda, Faustino Antonio barrios barrios, Gabriel Enrique Quintana Ortiz, Carlos Miguel Padilla Ruiz, Nelly Avila Castaño, Marco Antonio Salazar, Mauricio Angarita, Cristina Echeverri Pérez, Francisco Sarmiento Yepes, Rubén Darío Campuzano, Barquel Ríos Mena, Edison de Jesús Castaño, Wilfredo Quintero Amariles, Manuel Alberto Montanez Buitrago, Carlos Emilio Vélez Correa, José Orlando Céspedes García, Oscar Carlle, Salatiel Piñeros, Eddie Socorro Leal Barrera, Santiago Flor María, Freddy Armando Girón Burbano, Miguel Acosta García, Heliodoro Sánchez Pena, Henry Rosero Gaviria, Francisco Isaías Cifuentes Becoche, Miguel Segura Cortés, Jaen Blandón Vargas, Bertulfo Borja Clavijo, Jairo Betancur Rojas, Enio Villanueva Rojas, Ledys Pertuz Moreno, Antonio Acosta, Fernando Olaya, Adriana Patricia Díaz, Fabio Antonio Obando Aguirre, Carlos Alberto Barragán Medina, José Olegario Gómez Sepúlveda, Wilson Rodriguez Castillo, Luis Eduardo Cataño, Ladislao Mendoza, Jaime Lobato, Ingrid Cantillo Fuentes, Américo Benítez Rivas, Edison de Jesús Toro Gaviria, Alvaro Poveda, Abigail Girón Campos, Guillermo Sanin Rinco, Oscar de Jesús Payares, Luis Eduardo Vélez Arboleda, Gema Lucía Jaramillo, Elmer de Avila Arias, Jorge Ariel Díaz Aristizábal, Oscar David Polo Charris, Yaneth Ibarguren, José Lino Beltrán Sepúlveda, José Marcelino González, Abelardo Barbosa Páez, Luis Eduardo Guzmán Alvarez, Luz Mery Valencia, Maritza Ortega Serrano, José Antonio Bohórquez Medina, Fredy Perilla Montoya, Rufino Maestre Gutiérrez, Jairo Echavez Quintero, Luis Alfonso Grisales Peláez, Soraya Patricia Díaz, Augusto de Jesús Palacio Restrepo, Hernando Hernández, Nubia Esther González, Policarpo Camacho and Gloria Holguín, Rafael Palencia Hernández, Robinsón Beltrán Herrera, Germán Robinson López, Teresa Báez Rodriguez, Guillermo Rivera Plata, Gladis Barajas, Wilson Castro Padilla, Alvaro Enrique Villamízar Mogollón, Roberto Borja Rubiano, Alexander López Maya, Martha Cecilia Gómez Reyes. FECODE: Jairo Toro Figueroa, Luis Eduardo Patiño Loaiza, Marlene Rangel García, Carlos Alberto Angulo de la Cruz, Nazli Palomo, Rafael Alberto Ilias, Magda Ibony Moreno Ortiz, Olga Cecilia Merchán Moreno, Ana Deima Chate Rivera, Dalia Esther Florez Lozano, Gilma del Carmen Alarcón, Jorge Aliorio Pinzon Ulloa, Rico Bohórquez Flor Teresa, Isaura Isabel Paniagua Chávez, Giovanni Botello Rodriguez, Luz Parina Pérez Quintero, Omar Andrade, Carlos Alberto Vallejo Mejía, Teresa Hernández Zambrano, María Elena Saavedra Rodriguez, Jairo Alberto Carvajal, Gladis Blanco Urrea, Oscar Eduardo Ramón Florez, Oscar Henao Gutiérrez.