Colombia: Persecution of Human Rights Defenders

COL 001 / 9709 / OBS 015
Attacks / Threats / Persecution / Judicial proceedings
COLOMBIA
29th of September 1997


The Observatory for the Protection of Human Rights Defenders a joint
programme of the FIDH and OMCT requests your URGENT intervention in
the following situation in Colombia.

Brief description of the situation

The Observatory is gravely concerned for the safety and freedom of
human rights defenders in Colombia. Between May 1996 and August 1997
numerous cases have been reported of attacks, threats, harassment and
judicial accusations. According to some organisations, these events
are part of a strategy of persecution on the part of the military,
judicial and civil authorities, particularly in the department of
Antioquia.

According to the Ad Hoc Non-governmental Committee for Action and
Protection of Human Rights Defenders of Colombia, (a network of
various human rights organisations) various judicial proceedings and
investigations are currently in progress against members of CODEHSEL
(Colectivo de Derechos Humanos "Semillas de Libertad"), an association
of 15 organisations of the department of Antioquia.

The proceedings have been initiated on the basis of a military
intelligence report submitted by No. 6 Battalion of Brigade XX. The
report accuses CODEHSEL of being "a front for subversive
organisations" and claims that member organizations act as "observers
who follow the development of various penal proceedings.of persons
connected with subversion...which is why it is usual to see a member
of "semillas de libertad" (seeds of freedom - CODEHSEL) (sic)
obstructing the development of legal proceedings by means of
expedients and other fraudulent strategies." CODEHSEL and its members
are also accused of organising a campaign "against the public order"
by levelling charges "of alleged violations of human rights " in order
to present the State with numerous demands and promote these
accusations through international organizations including the United
Nations. The report claims that the Colectivo  "...has assumed the
task of exercising pressure on the civil and military authorities in
the interests of extremist movements, promoting meetings, marches and
slanderous investigations, in addition to a certain degree of
militancy at the trade-union and worker level."

A similar report from the commander of the XVII Brigade, General Rito
Alejo del Rio maintains that the subversive elements include a
political section  "supported by various bodies... such as human
rights offices  which are in turn backed by national and international
non-governmental organizations".

In this context the governor of Antioquia, Alvaro Uribe Velez, has
described the work of human rights organizations as "guerrilla or
parallel diplomacy" (see for instance "El Tiempo", August 2nd, page 3
A).

Last August four trials were begun before the Fiscalias Delegadas (The
Regional Prosecutor's Service).The following were detained in
connection with the trials:Mrs Ana Herminta RENGIFO DURANGO, Vice
President of the National Association of Solidarity Assistance -ANDAS-
and Mr. Jorge León GIRALDO OSORIO, former leader of SINTRAINAGRO.
Detention orders were issued against  Martha Inés ZAPATA, Gustavo
ARENAS QUINTERO and Gerardo NIETO YANTEN, leaders of ANDAS.

Investigation proceedings have also been started against  Bayron
Ricardo GONGORA ARANGO, lawyer, human rights defender, member of
Corporacion Juridica Libertad and defender of political prisoners, the
Coordinator of the Human Rights Committee of the municipality of
Segovia, Jesus Ramiro ZAPATA; William García CARTAGENA, lawyer and
defender of political prisoners; the  President of the  Corporación
Servicios Profesionales Comunitarios (SEMBRAR), Blanca Lucía VALENCIA;
and the members of te 15 human rights bodies which make up  the
CODEHSEL.

In addition to the deteriorating situation in Antioquia human rights
defenders in the rest of the country continue to suffer constant and
grave violations. For instance, on September 24th 1997 in Cartagena,
Teodulo Ignacio SIBAJA MARTINEZ,aged 32, from Mutata (Antioquia),
father of 5 children and president of the Cartagena section of ANDAS,
was murdered by two men in civilian clothes. He had been repeatedly
threatened as a result and was compelled to leave the municipality of
Rio Sucio (Choco) and settle in Cartagena.

Members of the NGOs which carry out the Social and Economic
Reconstruction Programme  for the Displaced Populations in the North
East of Colombia with EU funds, have suffered attacks, harassment, and
been followed and had their premises broken into. This was the case of
the REDES corporation in Bucaramanga and the Central Services
Cooperative CENCOOSER in the province of Ocaña.

Moreover, members of the Lawyers' Association "Jose Alvear Restrepo"
have been repeatedly threatened, harassed and accused in military
intelligence reports because of their activity in the defence of human
rights and for representing political prisoners. Recently Miguel
PUERTO, a lawyer, was threatened in the department of Arauca, where he
is following various proceedings against military authorities for
violation of human rights. . This situation facing human rights
defenders  persists despite a Presidential Order (No. 011 of July
1997) which recognises "the legitimacy of non-governmental human
rights organizations". This Order is clearly being deliberately
ignored by the authorities of various departments, particularly in
Antioquia.

The Observatory notes that the "Fiscalias delegadas" (regional
prosecutor's services) whose task it is to try the above-mentioned
human rights defenders, constitute what is known as "regional justice"
or "faceless judges".  This is a judicial system characterized by the
denial or grave obstruction of the procedural rights of the accused,
the formulation of accusations based on alleged anonymous  witnesses
,- generally agents,- and the impossibility for the accused to  bring
proof for the defence.

Action requested

Write to the Colombian authorities urging them to:

i.	guarantee effectively the exercises of legitimate activities in
defence of human rights in accordance with Presidential Order 011 of
July 1997,  with respect to the actions of both public officials and
private individuals and thus guarantee the life, physical integrity
and freedom of all human rights defenders in the country.

ii.	ensure the respect of due process and the judicial guarantees in
proceedings against human rights defenders. Specifically, to ensure
that investigations are carried out by a special commission of
prosecutors whose identity is known and that evidence is precise and
clearly substantiated refraining from the use of anonymous witnesses.

iii.	check the intelligence activities carried out by the military and
police authorities and the State security services relating to the
legitimate activities of persons or organizations defending human
rights, particularly with reference to information resulting from the
investigation of such activities.

iv.	generally to abide by the provisions of the Universal Declaration
of Human Rights and the  international Pacts and Covenants ratified by
Colombia.

Addresses:


S.E. Dr. Ernesto Samper Pizano, Presidente de la República, Palacio de
Nariño, Santafé de Bogotá, Colombia. Fax (+ 571) 284 21 86 E-mail:
esamper@presidencia.gov.co

Dr. Luis Eduardo Montoya Medina, Procurador General de la Nación,
Carrera 5, Nº 15-80, Santafé de Bogotá. Fax (+ 571) 284 04 72 ó/or 342
97 23

Dr. Carlos Vicente de Roux, Consejero Presidencial para los Derechos
Humanos, Palacio de Nariño, Santafé de Bogotá, Colombia. Fax (+ 571)
341 83 64

Dr. José Fernando Castro Caycedo, Defensor del Pueblo, Fax (+ 571) 346
12 25

Dr. Alfonso Valdivieso Sarmiento, Fiscal General de la Nación. Fax
(+571) 288 28 28

Geneva - Paris, 29th  September  1997

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.