What can you do? Write letters expressing your opposition to the railroading and lack of due process for Jose Antonio Lopez -- to U.S. Ambassador to Colombia Myles Frechette and Colombian President Ernesto Samper (addresses elsewhere in these pages). Write Senator Paul Coverdell requesting Senate Foreign Relations Committee hearings on human rights abuses in Colombia.
October 1996: Your letters urgently
requested
From The Progressive, September 1995, page 10
It is heartbreaking getting to know and admire the liberation theologists, unionists, and political leaders in Colombia, a veteran reporter in Bogota once said, because you know that they are very lilkely to be gone soon.
So it is with José Antonio López, the mayor of a small town in the banana-producing region of Colombia, who visited The Progressive's offices a couple of years ago. López came here on a sister-county mission to talk about the human costs of the military aid the United States supplies to Colombia -- more than to any other nation in the Western Hemisphere.
He spoke eloquently about the need to end the violence in his war-torn region of Urabá -- violence that claimed his brother's life and the lives of many other people close to him. While he was mayor, he and the local bishop managed to arrange a cease-fire between the military and the guerrillas in the area. López himself went into the mountains to talk the guerrillas into laying down their arms.
Today, López sits in jail awaiting trial on charges that he is responsible for a massacre in which hooded gunmen opened fire at a street party in Apartadó.
To the people who know him, including the residents and local officials in Wisconsin who met him through the sister-county program, the charges are unthinkable.
López's arrest, along with his successor in the Apartadó mayor's office, and eighty other people from the Urabá region of Colombia, follows a pattern of repression of Colombia's leftwing Patriotic Union party. Since 1986, when the party was formed, members of the Patriotic Union have been accused of being subsersives by the military, and have been killed by the thousands.
López was running a popular campaign for Congress, which was derailed when he was arrested five weeks before the election at 5:00 A.M. He was taken to an army installation for questioning, denied access to counsel, and transported to Bogotá, where he has been imprisoned ever since.
Because of Colombia's system of "faceless justice," López and others have not been able to adequately respond to the charges against them. The identities of judges, prosecutors, and witnesses are withheld from defendants and their attorneys. Secret witnesses can be paid for their testimony, and the evidence is sealed. The defense attorneys have not had access to state's evidence, and have no knowledge of witnesses and no way of responding to their testimony.
The United States helped establish the system of "faceless justice" in Colombia to deal with drug-traffickers and terrorists. The U.S. government has spent more than $36 million over the last five years to keep the program going, despite objections that it is a political tool and deprives defendants of due process.
Fortunately for López, abuses by the Colombian military and judicial system have caused an outcry from human-rights groups, including Amnesty International and the Lawyers Committee for Human Rights. Public attention and political pressure from the United States could still make a difference in his case.
To get involved, contact the Colombia Support Network, P.O. Box 1505,
Madison, WI 53701.
Dear Friends:
We send you a warm, fraternal greeting. As you know, we have now been detained here in prison for 15 months, charged by the State with being intellectual authors (planners) of the massacre in La Chinita barrio of Apartadó on January 23, 1994.
These have been 15 months during which the system of "faceless justice", which is presently judging us, has failed to recognize all our rights. The principle of due process has not been respected, nor have we been guaranteed the right to have a real and timely defense.
Military Intelligence prepared about 12 persons whom it later used as faceless witnesses against us. These persons, many of whom are deserters from guerrilla groups which operate in Urab‡, were previusly instructed so their declarations would incriminate us to the maximum extent possible as those responsible for the deeds being investigated ...
The Office of the Attorney General of the nation, which has been the gatherer of information for the case, has not taken into account even one of the pieces of evidence presented by us and demonstrates our total innocence. In fact, there is one witness used by the Army who, after having repented of having participated in this frame-up, declared under oath how these witnesses really had been prepared by the Army, how much they paid him and others, how other secret witnesses staying in the quarters of the Military Brigade were called to give testimony, and what the Army intended to do with this frame-up. The testimony of this person, who came forward voluntarily to speak to the Bishop of Apartadó himself, was video taped by a court official of Apartad—, and not even any consideration by the Attorney General's Office....
This demonstrates the desire of the Attorney General and the Colombian State to condemn us as responsible for this atrocious deed with a sentence of 40-60 years. And now we have been indicted as intellectual authors of the La Chinita massacre.
The next step is the trial itself. It will be held before a faceless judge in Medellin, who will determine if we are guilty or innocent. This faceless judge belongs also to the so-called regional (secret) justice, which has had such a terrible influence upon the Colombian democracy and the country in general.
Our political organization (UP) has denounced this persecution by the State against us. It has talked with President Ernesto Samper, the Attorney General Alfonso Valdivieso Sarmiento, with the Procurador General, Orlando Vasquez Velasquez, and with the Defender of the People, Jaime Cordoba Tribino, but none of these gestures in our behalf has resulted in any change. The paradox is that the very criminal proceeding itself declares that the planning of this massacre was the work of FARC guerrillas and that we are not members of that insurgent organization -- but on the other hand, the criminal proceeding has said that we were the ones who determined that FARC guerrillas should commit that infamous massacre.
We wish you to study the possibility of bringing pressure to bear from there strongly upon the Colombian State (especially President Samper and the Fiscal, Valdivieso Sarmiento). Any efforts that you could mobilize of different international organizations in our behalf, would be very positive. It is clear that the Colombian State only rectifies such matters when international pressure is exercised.
With a very large embrace
s/ Jose Antonio Lopez Bula
s/ Nelson Campo Nuñez
High Security Wing, Modelo Prison, Bogota
Increasingly, social, political, and labor self-organization and activism in Colombia is considered to be criminal. Those engaged in what, under the Colombian Constitution, is legal and protected activity, face repression both via "unofficial" terror as well as "official" legal actions.
The Colombia Human Rights Network is organizing a national campaign to focus attention on the increasing number of political prisoners in Colombia, and their relationship to the U.S.-funded "regional courts" which are a key part of the draconian "faceless justice" system now in place in Colombia. The U.S. had funded this program supposedly for protecting judges and witnesses against drug-related terror, but today nearly 90% of those railroaded under "faceless justice" have nothing to do with drugs or terrorism.
The campaign has two parts: we encourage the writing of letters for several political prisoners, representing different sectors of Colombian society adversely affected by the new anti-terrorist laws. Their cases are documented and selected by two Colombian NGOs, Comunidades Eclesiales de Base and Comite de Solidardidad con Presos Politicos, CSPP. Groups may want to "adopt a prisoner" for a longer term. Details of the several prisoners are given at the end of this article.
In October, Jaime Prieto, president of the Committee in Solidarity
with Political Prisoners (CSPP), will tour the U.S., speaking in many cities.
If you would like to get more information, contact the local group
organizing each area's events"
Jaime Prieto has been working for the rights of political prisoners since 1976. He is the former editor and current member of the editorial board of Colombia Hoy Informa, a news magazine. From September 1994 to January 1995, he was a member of the Investigative Commission on the Trujillo massacres. He has presented papers documenting impunity at the Peoples' Permanent Tribuanl. Since 1988, he has taught courses on human rights to primary and secondary school teachers on behalf of the Bogota Ministry of Education.
If you or your group would like to receive more information, details on
the political prisoners whose cases we are taking up, and possibly plugging
into the speaking tour, please contact:
Colombia Human Rights Committee
PO Box 3130
Washington, DC 20010
(202) 232-8148
(Names and very brief sketches of the prisoners are given here, initially.
The rest of the info will be listed as soon as we have time/people-power to
enter it)
She is a Dominican citizen who went to Colombia to participate in the alternative events organized around the 500th Anniversary of the arrival of Europeans to the American continent. She is at the women's jail "El Buen Pastor" in Bogota. Initially she was accused of being a member of the guerrilla movement. Then she was accused of infringing upon National Integrity. Now, the DA's office charges her with rebellion. She will soon be sentenced by the Faceless Justice System.
He is a leftist sociologist. He and his wife were arrested on June 9, 1994 in
Ibague. His wife was released a few days later. He was charged with being a
member of EPL guerrilla group, according to and "Intelligence Report"
prepared by the Army.
He is an economist from the Cooperative University of Colombia, where he
has worked for 11 years. He is a recognized member of the Patriotic Union
political party.
Mr. Marin was arrested on January 6, 1995, and Mr. Gaviria on January 8,
1995. They are at the Puerto Berrio Prison and their cases are being
processed by the 8th Division of the Fiscal at Medellin.
He is a 19 year old who worked as a freelance artist. He has declared his
opposition to service in the Colombian military and claimed exemption as a
Conscientious Objector. He is in prison now.
(This case does not involve the Faceless Justice court but illustrates how
the military courts are used to deny people with certain beliefs their due
process rights.)
Background
The Regional Courts, originally intended to provide protection of judges, witnesses and prosecutors in cases involving drug trafficking or terrorism, have become the linchpin in a system of "Faceless Justice" targeted at peasants, community and labor leaders, members of opposition political parties, teachers and others who are engaged in legal, non-violent, social protest. Under this system of Faceless Justice, defendants are not allowed to know the identity of the presiding judge, prosecutor or witnesses. In addition, evidence, which may be obtained by members of the armed forces and may be paid for by the prosecution, is also withheld from the defendant and counsel. This system leaves defending attorneys with little recourse in their challenges to the prosecution's case and thus often results in lengthy imprisonment for defendants and guilty verdicts for innocent people. The use of Faceless Justice in the Regional Courts is thus a prime contributor to the growing number of Political Prisoners in Colombia.
The Campaign
This year we will encourage the writing of letters for political prisoners, representing different sectors of Colombian society adversely affected by the new anti-terrorist legislation (which includes the Faceless Justice system.). Their cases are documented and selected by the Colombian NGOs Comunidades Eclesiales de Base (CEB) and Comite de Solidaridad con Presos Politicos (CSPP). Groups will also have the option of "adopting a prisoner" and following their case for the long term.
Our goals are to put a human face on the statistics about political prisoners, and to build ties between communities in the U.S. and Colombia. Toward this end, we hope to interest organizations who may not have previously been involved in Colombia to write letters on behalf of particular prisoners. For example, a U. S. labor union may wish to follow the case of labor leaders imprisoned in Colombia under the new, unjust legislation.
What is Faceless Justice?
This term refers to the Regional Courts and procedures followed in those courts during the 1990s. Originally, the intention was to protect judges, prosecutors and witnesses from acts of intimidation and violence by drug traffickers and paramilitary terrorists who were on trial.
In reality, who does this system affect? According to statistics from the Colombian Ministry of Justice, in 1992 only 6% of the 2,648 individuals processed by the Regional Courts had any relation with terrorism. In the first six months after the Courts were established, only 5% of the individuals processed were drug dealers. The majority of the people affected have been community leaders, labor leaders, political activists, and peasants unlucky enough to live in violent regions of Colombia.
What is wrong with Facelss Justice?
In the Regional Courts, the identity of the judges, prosecutor and witnesses are kept secret, not only from the public, but also from the defendant and his/her counsel. The accused and their counsel cannot examine evidence, question the witnesses or challenge the impartiality of the judge. Witnesses may be paid for their testimony and the armed forces can collect evidence against civilians. Sentences from these courts tend to be longer, relative to those from other Colombian courts.
Clearly this system eliminates many of the due process rights that are respected in may countries thoroughout the world, and moreover, guaranteed in the Colombian Constitution of 1991. How can this be legal in Colombia?
The past two Presidents of Colombia, Virgilio Barco and Cesar Gaviria, took advantage of extraordinary executive powers granted during States of Emergency to by-pass the legislative process and turn into law the Faceless Justice system. Technically, these exceptions to the Constitution are now legal in Colombia, although they are in conflict with original articles in the 1991 Constitution.
What can be done to stop this system?
The Colombian Procurador General, Orlando Vasquez Velasquez, has called for the dismantling of the Regional Courts, which have been used to imprison innocent civilians caught in the armed struggle between the military, the guerrillas and the paramilitaries.
You can make a difference! We urge you to write letters in support of one or more of the political prisoners profiled in this campaign. You can also ask the US to verify that no further US aid is going to support these courts. Contact the Colombia Human Rights Network chapter nearest you for details.
SUGGESTED ACTIONS
Suggested Further Actions for the Colombia Human Rights Network
- OUTREACH -
1. Contact groups who would be interested in the political prisoners, especially if they have something in common with one of the prisoners. Encourage them to adopt a prisoner. Some examples of people who may be receptive:
-- Educators
-- Labor groups
-- Lawyers, especially those with interest in international law and human
rights
-- Student groups
-- Latin America groups
-- Women's groups
2. Pick one political prisoner. Publish something in your church, community, solidarity, school or other organization newsletter, asking for letters for him/her/them.
3. Use the letter writing campaign as an aid in contacting people and in raising interest in Jaime Prieto's tour in October
4. Make a long term commitment to adopt a political prisoner. Even when the campaign ends, the political prisoner groups in Colombia can keep you up to date on the progress of a particular prisoner.
5. Report on the progress of this campaign in your group. Mention number of
new contacts, number of letters written, and if any group has pledged to
follow one of the cases for the long term (to adopt a prisoner). Please send
this information to:
Colombia Human Rights CommitteeBR>
P. O. Box 3130
Washington D.C. 20010
ADDRESS letters to:
U.S. Secretary of State, Warren Cristopher
U. S. Department of State
2201 C St. NW
Washington, DC 20520
fax (202) 647-7120 phone (202) 647-6575
Assistant Secretary for Human Rights, John Shattuck
U. S. Department of State
2201 C St. NW
Washington, DC 20520
fax (202) 647-7120 phone (202) 647-6575
President William Clinton
The White House
Washington D.C. 20500
Your congressional representatives
Dr. Ernesto Samper Pizano
Presidente de la Republica
Palacio de Nariño
Calle 7, No. 6-54
Bogota, COLOMBIA
fax: 011-57-1-2867434
Fiscal General de la Nacion
Dr. Alfonso Valdivieso Sarmiento
Fiscalia General de laNacion
Apartado Aereo 29855
Bogota, COLOMBIA fax: 011-57-1-2870939