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Great article on Drummond and overall U.S. policy in Colombia from The New Republic
AN DEATH SHALL HAVE NO DOMINION
(Translated by Kevin Funk, a CSN volunteer translator) Medellin, August 17, 2007 Sirs: University of Antioquia, Rectory, School of Medicine, National School of Public Health, Library System, University Museum, Héctor Abad Gómez Corporation for Education and Public Health, Mayor's Office of Medellin - Secretary of Civic Culture. Organizers and Conveners of the Act and Tribute called: "AND DEATH SHALL HAVE NO DOMINION" Respected Institutions, Many defenders of human rights killed in the deadly decade of the 1980s, and whose peak, outside of 1987, up to the point that the international press came to call "1987 the year of the dirty war in Colombia" because that macabre sequence of killings, that irrational escalation of state terror, was, as it was deemed by the ex-president Carlos Lleras Restrepo, the coronation of assassination as a political weapon. Let us recall that in that period, organizations defending human rights and forces of the left were pointing out that the "dirty war" is based on the doctrine of national security and that an alliance of narcotraffickers, landowners, and soldiers is carrying it out. They also pointed out that the "Dirty War" was being executed by 147 "self-defense" groups or "Death Squads" - a figure delivered to Congress by the then-minister of Government, César Gaviria. You must also recall that since the middle of 1987, the "Dirty War" got a new look: the proliferation of "black lists" of those threatened with death, accused of "relations with guerrillas" (like several journalists), or as "useful idiots of subversion" (like defenders of human rights). The threats provoked a stampede, and dozens of journalists, artists, university professors, and intellectuals took the path to exile, obligated by circumstance. In good time you will carry out an excellent program to praise four emblematic human rights defenders from the period, the doctors: Héctor Abad Gómez, Leonardo Betancur T, Pedro Luís Valencia G. and Luís Fernando Vélez V., killed in Medellin in 1987. But it is necessary to remember that the decade of the 80s was hardly the beginning of that dark policy of exterminating social and political leaders that participated in the struggle for democracy, since it did not only happen to defenders of human rights, let us recall also that the historic civic movement of Eastern Antioquia, in which 142 of its leaders were killed, not to mention the leaders of campesinos, unions, and the Patriotic Union party. Ten years later, to be exact August 25, 1997, in the adjoining space of the auditorium of the University of Antioquia, one of the moral and ethical points of reference from that decade who had picked up the flags in the defense of human rights, they commemorated the tenth anniversary for whom you are now commemorating twenty years. That man in his extreme solitude, who had been the president of the Departmental Committee for Human Rights for nine years, brought to fruition two historic events in that commemoration; he gave a speech in which he denounced the relationship between military commanders, police commanders, which coexist, and with paramilitaries, and in said happening, the second event is carried out, described as an act of renewal of commitment to the defense of human rights JESUS MARIA VALLE JARAMILLO, who more than being a lawyer, was a jurist, a true defender of human rights, and for whom it was a fundamental principal to base himself in the "strength of rightness and not in the rightness of force," he pronounced, in the middle of a completely full auditorium of the University of Antioquia, a speech which culminated: For that reason tonight, the presence of all of you, of the Abad and Betancur families, that of the honorable judge of the Constitutional Court, Dr. Carlos Gaviria, of the committee coordinators, men and women, fills us with joy. And in these historic surroundings we can today say: Héctor Abad, Leonardo, Fernando, Pedro Luis, Carlos, Felipe, here we are! We can say: Heli Gómez, ombudsman of El Carmen; persecuted professors, victims: HERE WE ARE AND WILL ALWAYS BE, IN THE DIN OF THE STRUGGLE OR IN THE CALM OF DEATH! Men and women of the University of Antioquia, of the Rectory, of the School of Medicine, of the National School of Public Health, of the Library System, of the University Museum, of the Héctor Abad Gómez Corporation for Education and Public Health, of the Mayor's Office of Medellin - Secretary of Civil Culture, and whoever else have organized and convened this great act and tribute: How can we complement in your activities THE INCLUSION, to make it, the more than deserved tribute, to the last of the Presidents of the Defense of Human Rights of Antioquia? For next February, 2008, ten years of the assassination of Doctor Jesús María Valle will be commemorated, and it seems to me that you have been left with some doubts with this emblematic personality from the democratic society of Antioquia and Colombia and for that reason I propose to you that the different organizations give a posthumous tribute to Jesús María Valle Jaramillo, the distinguished teacher and fighter for human rights, and in that way praise him for what he was: an ethical symbol of our history; the most living example of the virtues that should be imitated for his grand soul, for the strength of his character, for the purity of his heart and for the magnificence of his ideals. As a gesture of approval, I propose to you that in the different acts as of today, an EMPTY CHAIR be placed in this Barrientos square, to express his absence, his presence, and especially for the closing act of the auditorium of the University of Antioquia that not only is there left an EMPTY CHAIR, but that also an outline of his body is created and that a commemoration is convened for his tenth anniversary. Cordially, Carlos A. Ruiz Ospina Author of a Sociopolitical Profile of Jesús María Valle Jaramillo Historical Validity of the Struggle in Defense of Human Rights Member, Board of Directors, National Labor School "AND DEATH SHALL HAVE NO DOMINION" University of Antioquia, Rectory Tribute to Héctor Abad Gómez, Leonardo Betancur Taborda, Pedro Luis Valencia Giraldo and Luis Fernando Vélez Vélez, defenders of human rights, killed in Medellin in 1987. August 17-24, 2007 PRESENTATION It causes undeniable pain to remember the deaths of those we love, above all if they were victims of violence, but it would cause more pain and grief if we were a society which carried forgetting as a badge of fear or dehumanization. Pedro Luis Valencia, Leonardo Betancur, Héctor Abad Gómez and Luis Fernando Vélez Vélez, all defenders of human rights, graduates of and professors at the University of Antioquia, and human beings who struggled with their ideas and words for a country that is more democratic, more educated, and more egalitarian. They were killed from the sidewalk of cowardice in 1987, that is to say, twenty years ago. Today we remember them as we have during all of these years, and as we should remember so many others that, also in that year and in later years, have been victims of the brutality of intolerance, of a dread of liberty, and a hatred of the shining and loving right to speak. We gather here in a commemoration that wishes to be a sincere recognition and that also wants to remember the thoughts and the attitudes of those who worked in life in agreement with their convictions, full of joy and vigor, always taking as a banner the freedom and natural right that we all have to enjoy a decent life. We gather here in an act that wishes to remember the words of the Dylan Thomas poem as an inscription against the dark cave which violence always draws us into: "And Death Shall Have No Dominion." Héctor Abad Gómez: He had the stubbornness and perseverance of those of whom nature makes exceptional men. But he had, above all, a gift of humanity, a professionalism and generosity as a public health specialist, and a mental and intellectual capacity of great reach, which made him not only almost essential to our society and its lack of leading and honest hearts, but also, shamefully, a target of the crudest hate. That which kills uselessly, because ideas and words deeply-rooted in knowledge and liberty, like in the case of Héctor Abad Gómez, are immune to bullets. Leonardo Betancur Taborda: Was a disciple of Héctor Abad not only in the School of Public Health but also in the public realm as a leader and tribune in the defense of human rights. In spite of his youth he had a maturity which made him stand out as much for his impetus as a natural leader as for his personality as a good professor and unconditional friend of the causes that involved the wellbeing of the university, of the new generations, and, before all, which involved the struggle for justice and against all types of violence and crime, wherever they came from. He was assassinated next to Héctor Abad Gómez, and for the same reasons: the brutality and horror of intolerance could not bear the lives of two calls to the wind, free and lucid. Pedro Luis Valencia Giraldo: He carried with him the emblem of rebellion like he who wears a flower on his lapel, and as a complement to an inescapable duty in a society that lives with injustice and inequality. He was killed in a city which, in a determined moment, turned into the empire of impunity and which recovered with violence the defeats that it suffered in the realm of ideas. Today his memory and the example of his humanistic and solidarity struggles accompany dreams for equality, education, and culture, immersed in the same city where he lived and died. Luis Fernando Vélez Vélez: "The only enemy is the one with which we can never exercise the sublimation of words and their regenerating force, their reviving power; he is the one with which we can have no dialogue," said Luis Fernando Vélez once. On his lips that conviction was the truth that would later take his life. He did not defend the right to speak and freedom for any personal desire, but rather because he understood that the lack of the two made lacking, up to the point of begging, of an entire society. He was a lawyer, and anthropologist, theologian, professor, and indigenist, to have languages with which to communicate the need to be free and have reasons in life to laugh, to be friends. Those who killed him from the shadows, as they killed so many others of his stock and vehemence to love, will never understand that which is the sublime nature of the right to speak. That is, in truth, the worst evil that afflicts us. PROGRAM Friday, August 17, 10:00 a.m. Barrientos Square - Héctor Abad Gómez Chair of Civic Formation: "A contribution to the construction of civility," by the writer William Ospina.
- Inauguration of the commemorative exposition "And Death Shall Have No Dominion." Administrative Block, Main Library, School of Medicine and School of Public Health
Wednesday, August 22, 11:00 a.m. School of Medicine Auditorium - Presentation from the book, Letters from Asia, by Héctor Abad Gómez, with a foreword by Alberto Aguirre. Guests: lawyer Carlos Gaviria Díaz, and writer and journalist Juan José Hoyos Naranjo.
- Presentation from bulletin U–235. Guest: public health specialist Fabio Henao Acevedo, teacher from the Department of Preventive Medicine of the School of Medicine of the University of Antioquia.
- Concert - musical group, School of Medicine - Director: Said Hurtado
Friday, August 24, 10:00 a.m. Auditorium, University of Antioquia ACT OF TRIBUTE: "AND DEATH SHALL HAVE NO DOMINION" - Main conference: "Human Rights or the struggle for dignity", by Juan Pablo Corlazzoli, Representative in Colombia of the United Nations High Commissioner for Human Rights.
- Presentation of the Memories of the Chair Héctor Abad Gómez: "A contribution to the construction of civility", led by the rector of the University of Antioquia, Alberto Uribe Correa.
- Biographical sketches of the four human rights defenders, by Carlos Gaviria Díaz (Héctor Abad Gómez), Julio González Zapata (Luis Fernando Vélez Vélez), Carlos Alberto Giraldo Giraldo (Leonardo Betancur Taborda) and Álvaro Olaya (Pedro Luis Valencia Giraldo).
- Cultural Event: pianist Teresita Gómez.
- Concert - musical group, School of Medicine - Director: Said Hurtado
As of September 11, commemorative traveling exposition, "And Death Shall Have No Dominion": Library parks: Santo Domingo, La Quintana, La Ladera, San Javier and Belén. August 17 to September 8: Books and texts exposition, Main Library University of Antioquia. August 8 to September 10: exposition "From greatness to intimacy", University Museum, culture room. Thursday, August 16, 7:00 p.m.; Saturday 25, 12:00 m., and Monday 27, 7:00 p.m.: special "Thinking in a loud voice", radio program that Héctor Abad Gómez managed between 1982 and 1987, by the Cultural Station, University of Antioquia – System of Educational Radio. From July 23 and during the month of August: Commemorative special "And Death Shall Have No Dominion", hypermedia channel at http://altair.udea.edu.co <http://altair.udea.edu.co/> . Publications - Book, Letters from Asia, by Héctor Abad Gómez (University of Antioquia Rectory and Héctor Abad Gómez Corporation for Education and Public Health)
- Memoirs of the Chair Héctor Abad Gómez: "A contribution to the construction of civility" (University of Antioquia Rectory, Schools of Medicine and Public Health, and Héctor Abad Gómez Corporation for Education and Public Health, with the sponsorship of the Mayor's Office of Medellin - Secretary of Civic Culture)
- Bulletin U-235 (Department of Preventive Medicine of the School of Medicine of the University of Antioquia).
Conveners and Organizers: - University of Antioquia
- Rectory
- School of Medicine
- National School of Public Health
- System of Libraries
- University Museum
- Héctor Abad Gómez Corporation for Education and Public Health
- Mayor's Office of Medellin - Secretary of Civic Culture
Supporters: - School of Law and Political Science
- Cultural Station, University of Antioquia – System of Educational Radio
- Department of Audiovisual Services
- Department of News and Press
- Cultural Agenda Alma Máter
- Communication Systems Altair
- Photojournalist Jesús Abad Colorado
Inter-American Court of Human Rights Condemns the Colombian State for Extrajudiciary Execution
Translated and sent by the Jose Alvear Restrepo Lawyers’ Collective On July 4, 2007, Inter-American Court of Human Rights Condemned the Colombian State for the Extrajudicial Execution of the Nasa Indigenous Person German Escué Inter-American Court Condemns the Colombian State for the Extrajudicial Execution of the Nasa Indigenous Person German Escué José Alvear Restrepo Lawyers’ Collective Colectivo de Abogoados “José Alvear Restrepo” (CCAJAR) August 8, 2007 Bogotá, Colombia On the night of February 1, 1988, while his family was asleep, members of the national army illegally and violently entered the home of Germán Escué. At the time, several of his family members were there, including his newborn baby girl. The military unit, commanded by Corporal Camacho Riaño, began to search the house. While asking him where the weapons were, they called him a guerrillero and beat him. Finally, they tied him up, forced him out his mother’s home, and then murdered him. Germán Escué was a recognized community leader. Since he was a child, he had been participating in the political and cultural life of his community, Vitoyó, assuming an early defense of their rights. While still a young man, Germán became the substitute Cabildo Governor and the administrator for the community store. At the side of his father, Mario Pasú, he fought for the defense of their territory as well as to eliminate the practice of terraje, a feudal practice in which indigenous families work without pay for the large non-indigenous landowners. According to the Court, for the Paez people the loss of this leader meant “dismemberment and harm to the integrity of the collective; frustration due to the all of the trust deposited in him to help them achieve a good life; and feelings of loss due to the collective effort undertaken with the support of his [C]ommunity to be able to carry out his mission as a special person.” [1] While this case was being processed, the Colombian state recognized its international responsibility for the violation to the right to life, personal freedom, personal integrity, and the protection of judicial guarantees. “[…] a request for pardon and solidarity with [the family members], expressing we may not be able to make reparations for all of the harm that has been caused, but we will do everything in our power to be able to accompany you and fulfill our role as society in making reparations to the persons who have been affected by these acts, which never should have occurred and were carried out by State agents who irresponsibly and in clear violation to their authority incurred in acts affecting citizens such as yourselves who never should have suffered the severity of the corresponding acts. […]” [2] The Court accorded values to this recognition of responsibility and determined the scope of each one of the violations, especially in terms of justice by clearly establishing “the 19-year delay in the national justice system for the present case is exceptionally unreasonable” [3] and that the authorities must undertake serious and diligent investigative action. According to the Court, in order to follow up on all of the logical lines of investigation, due procedure in the investigative processes requires that these processes take into account the complexity of the acts, the context and the circumstances in which they occurred, and the patterns explaining their commission. Minimally and especially in cases concerning extrajudicial executions, judicial authorities should attempt to: a) identify the victim; b) recover and preserve the probatory material related to the acts; c) identify possible witnesses and obtain their testimony; d) determine the cause, manner, place, and time in which the illicit act took place, as well as any other pattern or practice which could have caused the act; and e), in cases of death, differentiate between natural, accidental, suicidal and homicidal death. Additionally, the Inter-American Court also considered the Colombian State responsible for arbitrary and abusive intervention in the home of Germán and his family. Lastly, although the Court positively valued the turning over of the victim’s remains to his family members and Community, which made it possible to bury the victim in accordance to traditions, uses, and customs of the Paez People, the Court also bore in mind that the family members waited four years for the Colombian State to turn over the remains of Mr. Escué Zapata and determined that the prolonged wait for more than two years had spiritual and moral repercussions on the family members, since in accordance with Nasa culture “once a Nasa child is born, the umbilical cord is planted in the Mother Earth […] in order to germinate life. Now, when he dies, we also plant him, as opposed to burying him, so life will be there. But to take him away is disrespectful of the culture, of Mother Earth. Taking him from his bosom is like cutting out the womb of the woman who saw him conceive, procreate, and grow. It is a considerable cultural affectation and creates deharmonization and decontrol of the territory.” [4] As a result, the Inter-American Court ordered a series of satisfaction measures and guarantees of non-repetition in favor of the Nasa people, the victims, and his family members: a. The Court stipulated the State must effectively undertake the criminal processes presently in course -as well as those to open in the future- in order to determine the corresponding responsibilities for the acts of this case and apply the consequences envisaged by Law. Additionally, the State should exhaust the lines of investigation concerning the execution of Mr. Escué Zapata in order to establish the truth of the acts. b. The State must ensure the family members of the victim have full access and capacity to act in all of the stages and instances of said investigations and processes, in accordance with national law and the norms of the American Convention. The State must also publicly divulge the results of these processes so Colombian society –and especially the Paez indigenous community- may know what really occurred in the present case. c. Fund for Community Development: The Court also considered that the recovery of the memory of Mr. Escué Zapata must be undertaken through works to the benefit of the community in which he exercised a certain kind of leadership. In order to achieve this, the State must designate, USD $40.000,00 (forty thousand US dollars) to a fund named in honor of Germán Escué Zapata so the Community may invest this money in works or services of beneficial collective interest, in accordance with their own ways of consultation, decision-making, uses, customs, and traditions, independently of the public works designated for this region in the national budget. d. Higher education for the daughter of Germán Escué: the State must provide Myriam Zapata Escué with a scholarship to undertake university studies in a Colombian public university chosen by her and the State. The scholarship should cover all of the expenses throughout her university studies, including academic material, food, and housing. The State should also provide transport from the city where the beneficiary studies to her Community so she may easily maintain ties, traditions, uses, and customs, as well as contact with her family on a regular basis. e. Comprehensive medical treatment: The Court stipulated the State’s obligation to provide –without any charge whatsoever- specialized medical, psychiatric and psychological treatment, including the provision of medication, once consent is expressed for said treatment. When treatment is provided, the particular circumstances and needs of each person –especially their customs and traditions- must be considered in such a way that suitable treatment is provided. f. Publication of the judgment in a nationally distributed newspaper in the Spanish and Nasa Yuwe languages. g. Public recognition of responsibility: In order to make reparations for the harm caused to the victim and his family members, the Court considered the State must undertake a public act –previously agreed upon with the family members and their representatives- to recognize its responsibility with respect to the violations stated in this judgment. This act must be undertaken as a public ceremony in the Jambaló Indigenous Reservation with the presence of senior State authorities. This act must also allow the leaders of the Community and the family members to participate if they so desire. [5] The State must also provide the necessary means to facilitate the presence of said persons in this act. [6] Furthermore, the State must carry out said act in the Nasa Yuwe and Spanish languages as well as take into account the traditions, uses, and customs of the Community members. Endnotes: [1] Anthropological expert witness testimony provided by Esther Sánchez de Guzmán on January 19, 2007. (Merit file, volume III, page 611.) Case Escué Zapata vs. Colombia. Inter-American Court of Human Rights. Judgment of July 4, 2007. [Translator’s note: the excerpts of the judgment are not official translations.] [2] This statement made by Mr. Camilo Ospina, Colombian Ambassador before the OAS, during the public hearing for this case. Case Escué Zapata vs. Colombia. Inter-American Court of Human Rights. Judgment of July 4, 2007. [3] Taken from paragraph 103 of the judgment. Case Escué Zapata vs. Colombia. Inter-American Court of Human Rights. Judgment of July 4, 2007. [4] Statement made by Flor Ilva Trochez on January 29 and 30, 2007. Taken from paragraph 153 of the judgment. Case Escué Zapata vs. Colombia. Inter-American Court of Human Rights. Judgment of July 4, 2007. [5] The judgment makes reference to Plan de Sánchez Massacre Case vs. Guatemala, (Art. 63.1 American Convention on Human Rights) Judgment of November 19, 2004, Series C No. 116, paragraph 100; Sawhoyamaxa Indigenous Community Case, supra note 20 paragraph 201; and Sisters Serrano Cruz Case, supra note 20, paragraph 194. [6] The judgment makes reference to Plan de Sánchez Massacre Case vs. Guatemala, Reparations, supra note 147, paragraph 100; and Sisters Serrano Cruz Case, supra note 20, paragraph 194. -- "Peace is not possible as long as such profound, disproportionate, and aggravating differences exist in the fate of persons and peoples." - José Alvear Restrepo Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
The fund for Reparations for the Victims: Budget for the Victimizers, but not for the Victims
( Translated by Steve Cagan, a CSN volunteer translator ) Sent by : Colectivo de Abogados “Jose Alvear Restrepo” Jose Alvear Restrepo Lawyers Collective (August 20, 2007) While the national government has since 2005 been implementing hundreds of productive projects, training course, grant funds, agreements with economic groups, all with the goal of reinserting the demobilized paramilitaries, thousands of victims of paramilitarism patiently await the distant possibility that they will received economic reparations for the crimes against humanity committed against their loved ones, through the Fund for the Reparation of Victims, recently put into operation. Despite this Fund, administered by the Presidential Agency for Social Action, does not have the resources with which to respond, not only because the paramilitaries themselves are wise to the fact that “they only have to give up or declare the goods that came from illegal sources” [i] and have worked out all kinds of judicial maneuvers, among others front men, offering goods that have not been judicially cleared and the return of properties with productive projects in favor of the demobilized; but also because on the 26th of July the Fund for the Reparation of Victims “has only received goods of the demobilized Mister Manuel de Jesús Pirabán, alias “Don Jorge” or “Pirata”[2] , which are two farms, one of 910 hectares, the other of 955, three lots that are 200 square meters each, three campers, 152 creole bulls and two horses. [3] Similarly to date the Fund has not had any income from foreign donations, nor from resources that would come from the national government budget to maintain it [4], as does paradoxically the high Presidential Council for the Social and Economic Reintegration of Groups and Persons in Armed Revolt, which according to its director Frank Joseph Pearl González, has a budget of 294,000 million pesos [5] [in US terms, 294 billion pesos, or about $147 million [USD-SC] as well as 40 projects with private support and the possibility that the United States will commit $51 million USD in the next three years. According to the High Counselor, by January 31 of this year, the Accompaniment System indicated that of a total of 31,521 demobilized paramilitaries, 26,790 received some sort of benefit, among them humanitarian aid that amounts to 358 thousand pesos [about $129 USD—SC] per month, even if they are not attending workshops or courses. Of the rest, that is, 4,731, there whereabouts are unknown. And although the talk is of a total breakdown of the reinsertion process, since apparently part of the first 5,276 million pesos [about$ 2.14 million USD- SC] invested in this process was lost, what is certain is that since 2005 the national government has been implementing what in its moment was called “Productive Projects for Peace” as part of the base for the creation of business projects in the area where there are massive demobilizations, that is, Urabá, the southeast of Antioquia, Cundinamarca, Tibú (in the north of Santander) Palmira, Córdoba and the south of Magdalena. [vi] (6) In effect, today of the 2,624 demobilized paramilitaries who should be employed in 41 economic projects in nine departments, less than a quarter remain connected to them. An example of this is the fact that despite the government’s paying out 600 million pesos [about $300,000 USD] for 300 ex-paramilitaries who belonged to the bloc of Hernán Giraldo to produce estevia un producto relativamente nuevo…], in July of this year there were merely five demobilized people cultivating the natural sweetener.[vii] (7) That’s how things are, an unprecedented situation that while the victims of the paramilitary groups have no real psychological support, or any humanitarian aid to be able to live and attend the statements of their assassins, while they struggle to get the money to maintain their families, the forced displacement that they have had to take on because of threats and persecution, the demobilized paramilitaries continue receiving—despite the complete fiasco of the process, in addition to the billions of pesos that have been lost—advice, information about health, education, psychosocial attention, job training, in whichever of the Referral Centers organized by the government for that purpose, like in the case of Antioquia.[viii] (8) So it is clear once again that the only beneficiaries of the decisions of the government under the Law of justice and Peace are the paramilitaries, while the victims continued being affected and victimized, in addition to the fact that they will only be beneficiaries of the Fund if they manage to participate directly in the reparation process, if they can come forward and prove that it was that paramilitary leader or bloc who committed the crime, if the particular case ended with a sentence, and of course if the reparation fund manages to get money to give them reparations. Mancuso said it well, in an interview with El Espectador in 2005: “the productive projects and the full return to civilian life of the demobilized are generating an available flow for when we want to use them as a political trampoline.” [ix] (9) In conclusion, to date there isn’t a singe peso for reparations for the victims, the fund is a pipe dream fund, and one more fraud added to the lack of truth and justice that would level the road so that the victims might appeal to the International Criminal Court or other bodies to look for truth, justice and reparation. [i] <#_ednref1> Article 9 of Decree 3391 of 2006, which opposes the decision of the Supreme Court in their sentence C-370 of 2006. [2] <#_ednref2> Response to the petition presented by the Legal Collective “José Alvear Restrepo” signed by the Technical Sub-Director of Attention to Victims of the Violence, of the Presidential Agency for Social Action [3] <#_ednref3> Source: Office of the president, SNE May 25, 2007 [4] <#_ednref4> Reply of Social Action, July 26, 2007 [5] <#_ednref5> “We All have to Build this Country” El Espectador, December, 2006 [6] <#_ednref6> “Economic Projects of the ‘Paras’ Take Off” El Espectaor, March 13, 2005 [7] <#_ednref7> “The Reintegration of the Ex Paramilitaries are Now three Years Behind” El Tiempo August 11, 2007 [8] <#_ednref8> Where is the Reintegration process of the AUC Heading? For more information, see: file:///C:/Documents%20and%20Settings/Administrador/Escritorio/desmovilizados/EN%20QU%C3%89%20VA%20EL%20PROCESO%20DE%20REINCORPORACI%C3%93N%20DE%20LAS%20AUC%20super.htm <file://localhost/C:/Documents%20and%20Settings/Administrador/Escritorio/desmovilizados/EN%20QU%C3%89%20VA%20EL%20PROCESO%20DE%20REINCORPORACI%C3%93N%20DE%20LAS%20AUC%20super.htm> [9] <#_ednref9> “Salvador Mancuso Says ‘The Ideal is to Create a national Guard’” El Espectador, August 7, 2005 Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
ARAUCA COMMUNITIES URGE FARC TO RESPECT GENEVA CONVENTION
(Translated by Stacey Schlau, a CSN volunteer translator ) Public Announcement Department of Arauca, August 17, 2007 The Social Organizations of the Department of Arauca have a legacy of dignity that has historically characterized our defense of life, culture, natural resources, environment, national sovereignty, and food and agricultural security as inalienable and permanent rights that work as vital elements in the development of an autonomous and sovereign people. Confronting the critical moment we now face in our region, we announce, through different media, to local, regional, national, and international public opinion, national and international human rights organizations, and the current diplomatic corps in Colombia, the following facts: 1. Since August 5, 2007, the FARC in the Department of Arauca have been spearheading an armed strike, which has caused pressure and intimidation to stop activities for [all] sectors, productive organizations, truckers, educators, community and economic solidarity projects. It has been thirteen days; they say that it is against the transnational oil companies, but in actuality it has been one more form of oppression for our Araucan communities, because peasants and workers in the informal sector have lost their daily means of earning a living, while the fields of exploration and exploitation of petroleum continue fully functioning. 2. Araucan peasants still haven’t recovered from the results of the aerial fumigations that poisoned our Department and our economy, in a chemical and bacteriological war that affected food security. Today, with the strike, agricultural production such as the rice fields have lost more than half their crops; the banana plantations, whose perishable fruit cannot wait to be picked, are being ruined. Milk, a basic product for nourishing children and part of the economic wellbeing of the peasant population, has not been able to be distributed. This same thing is happening with other agricultural products. 3. Education, which has suffered a severe crisis due to the privatization policies of the State, the administrative corruption of the Department, and the trafficking of patronage through political favors, is also experiencing the consequences of this armed strike, since the agricultural high schools and rural schools are affected by the interruption of academic and technical work, harming a large number of students, the majority of whom are peasants. 4. Trade, which is a significant economic item, is seeing its income affected and we, the consumers, find ourselves without the basic foodstuffs we need at home, which encourages speculation in the price of products. 5. The truckers, who, along with the other sectors have been willing to participate in the different stages and processes of community development, are suffering from restrictions on traffic. The FARC have gone to the extreme of burning some vehicles, whose owners are poor working people of the region. Besides, this is the work that feeds their families. 6. We the Social Organizations have been systematically victimized by aggression, stigmatization, punishment, and criminalization by the paragovernment of Uribe Vélez and the transnational oil companies, which have invaded and plundered our natural resources, destroying our flora and fauna, polluting our air, rivers, and lagoons, with their farce: the “Democratic Security Policy.” 7. In this situation, we find ourselves obligated to demand of the FARC that they stop the strike, because we think that besides affecting the population of Arauca, it has placed obstacles in the way of our (the organized communities’) legitimate right to mobilize and express ourselves. As a tribute, it would pay posthumous and solemn homage to hundreds of fallen comrades who, like Alirio Martínez, Jorge Prieto, and Leonel Goyeneche, became martyrs as a result of the foolish and macabre state policies, carried out by regulations born out of the immorality and greed that is eating away at Colombian institutions. 8. We recognize that in our country there is an armed conflict; at the same time, we urge the FARC to respect and apply Article 3 of the Geneva accords, regarding respect for and protection of the civilian population. For life, defense of human rights, and remaining on our land The Social Organizations of the Department of Arauca ******************************************************************** Network of Fraternity and Solidarity—Colombia Red de Hermandad y Solidaridad con Colombia Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
URIBE AND THE POLITICAL JUSTIFICATION OF THE PARAMILITARY GROUP
( Translated by Ann Boylon, a CSN volunteer translator) By Hector Castro Portillo Resident of Lyon, France President Uribe is presently in a confrontation with the Supreme Court of Justice in regards to the so-called justice and peace law. The President’s attack on this court, the highest in Colombian common jurisdiction, cannot but result in serious consequences. This is not any ordinary bit of bother between an important judicial institution and national politics because, in a large measure, the future of the country’s political regimen depends on its outcome. This conflict affects one of the pillars of the modern State, the separation and independence of public powers. Also at risk is the nature of a political crime and even the juridical existence of armed conflict. The President’s action has placed the country at a very delicate juncture. THE CAUSE OF THE CONFLICT As part of a judicial process, the Penal Section of the Supreme Court of Justice has denied political status to members of the paramilitary groups who have decided to submit to the Justice and Peace Law (Law 975 of 2005). According to the Court, the actions of the paramilitaries do not fall into any of the penal categories of political crime: rebellion, sedition or riot (1). In the judgment of the Court, because the paramilitaries have never proposed to overthrow the national government, nor abolish or modify the constitutional regime or the law of the land or temporarily impede its free function, nor violently and tumultuously demand that the authorities carry out or omit any function proper to its mandate, they fall under the common law criminal category of aggravated conspiracy to break the law. Nevertheless, to the surprise of everyone, the paramilitaries have, within the framework of this process, declared themselves to fall under the category of sedition. The government agrees with this. The reaction of President Uribe to this declaration has been, to say the least, over the top. He has even accused the Supreme Court of Justice of torpedoing the peace process with the paramilitaries. He has described the magistrates as having a certain ideological inclination favorable to the leftist guerrilla; he has decided to present a proposed law to Parliament which seeks recognition of the above-mentioned status to the paramilitaries and, finally, he has threatened to appeal to the people if it is necessary to achieve his objective. THE REASONS INVOKED BY THE PRESIDENT President Uribe sees the Court’s decision as a major obstacle to the achievement of the goals of the Justice and Peace Law, which is a judicial instrument designed to allow the so-called paramilitaries to submit to the judicial system. This law has been denounced by human rights organizations and by the Office of the High Commissioner of the United Nations for Human Rights as an instrument of impunity for the crimes committed by the paramilitaries during more than two decades. The paramilitaries are the ones most responsible for the massacre of civilians, for the forced internal displacements of more than three million people and for the dispossession of poor and middle level peasants of their lands and goods. These groups have been strongly implicated in drug trafficking and have, over almost three decades, accumulated enormous economic power and influence among the political officials at the local, regional and national levels. Their close relations with the military and police forces have been demonstrated in the judicial courts. The justice and peace law, which appears more of a macabre joke against the victims than an authentic desire of sanction, has been served up by the President to the paramilitaries for the purpose of facilitating a decorous surrender and avoiding extradition to the USA for drug trafficking. Thus the President expresses gratitude for services rendered by the paramilitaries to the State in their fight against the Marxist guerrillas. This law stipulates that the penalties imposed by this law cannot exceed a seven year prison sentence. Faced with the overwhelming juridical arguments presented by the Court, The President has had recourse to the maneuver of invoking the superior interests of the country, thus denying the right of the court’s jurisprudence in this matter, the law of the land, and the Constitution itself. Uribe maintains that the paramilitaries should be placed on an equal juridical footing with the guerrilla in order that they also enjoy political status. For Uribe, there should be no juridical difference between them. Why give political treatment to those who attack the constitutional regime and deny it to those who defend it, asks the President, while simultaneously proposing the elimination of political crime from the national juridical system. In the President’s judgment, this is justified by the fact that with this legaldefinition there wouldn’t be an armed conflict in Colombia but a terrorist threat, an argument that echoes that of the Bush administration since the 2001 attacks. In reality, there are not many precedents of this kind in our recent political history. In the past, of course, governments have objected to certain decisions taken by high level courts, but in the end they always complied with them without calling into question their lawful judicial authority. In the present case, the situation is very different. The President not only doesn’t agree with the Court’s decision to treat the paramilitaries as common delinquents, but he does not appear ready to respect their decision. He even attributes to the Court political responsibility in the event of an eventual failure of the process of paramilitary submission to justice. This maneuver could, in the violent and polarized context of the country, result in an incitement to make an attempt against the lives of the magistrates. TOWARD THE DISAPPEARANCE OF THE POLITICAL CRIME? Political crime has a long history in Colombian penal legislation and has always enjoyed constitutional support. In our case it is the members of the guerrilla organizations that have recourse to it via the rebellion proviso in the law. The Supreme Court of Justice has, not a few times, recognized the altruistic motives that are involved in the crime of rebellion given that the rebel is not seeking egotistical gain, but rather is guided by the search for the common good of the population which they declare themselves to represent. It is for this reason that the legislation reserves for the political delinquent a distinct treatment with respect to other transgressors of the penal law, granting them a more benign sentence and the possibility of a pardon or amnesty, and leaving them the right to hold political or public office after completion of their sentence. Thus, when President Uribe advocates for political status for the paramilitaries he is opening the way for the possibility of pardons, amnesties and even the possibility of holding elective offices. He is also protecting them from an eventual extradition to the USA. This would mean a total impunity for the uncountable crimes committed by these groups and the legalization of their enormous political and economic power. It is noteworthy that the President is advocating for political status for the paramilitaries at the same time that he insists that the category of political crime should not exist, given that, in his singular point of view, there is no armed conflict in Colombia. This clear incoherence on his part is due to his desire to label the guerrilla as common terrorists without political ideology. If this proposed law becomes a reality, the traditional separation between political crime and common crime, an old historical legal patrimony recognized in even the most obscure places of the planet, will be wiped out. URIBE – PARAMILITARIES, AN OLD AND CLOSE CONNECTION? How to explain this defense to the death of some of the groups that have been identified nationally and internationally as having committed horrific crimes, many of which fall under the purview of international penal law? Why assume the defense of people who are guilty of such crimes, even defying the independence of the judiciary? Nobody in Colombia seems to doubt the close connections between the present Colombian President with the paramilitary groups, a connection that dates from his term as governor of Antioquia in the middle of the nineties. There is an abundance of information supporting this relationship which has been published in the press. Debates in Parliament, initiated by the principal opposition party, Polo Democratico Alternativo, have proved this connection. Both of Uribe’s presidential elections have had significant direct support from these groups. It isn’t a coincidence that that in both of these elections the paramilitaries have identified Uribe’s triumph as their own. In a position to choose between the rights of the victims and the interests of the paramilitaries, Uribe has not hesitated. But even beyond this presidential loyalty to the paramilitaries there is another not unimportant factor which helps to understand Uribe’s obstinacy. The Colombian President is known for his authoritarian exercise of power, for his war-like spirit and for his belief that he is the national savior. He came to power in an atmosphere of social polarization and desperation following the failure of the peace process between the Pastrana government and the FARC having made the promise to abolish the Marxist guerrilla. He is convinced that the prerequisite for peace is their military defeat and is prepared to ignore any legal or constitutional obstacles to achieve this end. Nevertheless, it is six years since his rise to power and this objective does not seem reachable in spite of the enormous financial resources invested toward this end. To those who demand respect for the independence of the other branches of public power, he answers that their independence is not absolute but relative. All public powers must participate in only one war strategy designed by the Executive. No one can, therefore, ruin the government’s plans and programs, not even in the name of the law of the Constitution. The superior interests of the nation, he says, are above all that and above, of course, the interests of the citizenry. In this war against the guerrilla the civil population does not exist. The population better make up its mind to align itself with the State which includes providing information about the terrorists and unconditional support of the Armed Forces and the Police. All positions of neutrality favor the guerrilla and, therefore, should not be tolerated. With this totalitarian strategy, Uribe threatens the lawful State because he doesn’t accept its rules or because he changes them to suit his purpose. In this he has the help of a docile Parliament. At the beginning I said that Uribe’s defiance of the Court’s decision could have serious effects in the configuration of the political regime. The concentration of power in the President has been a characteristic of our precarious political system. The President is not only the head of State, but he is also head of the government and the supreme administrative authority. In this system the different powers have been functioning under a certain equilibrium based on the autonomy of each one. But Uribe, to the detriment of the other branches of public power, is dangerously weakening this equilibrium with his authoritarianism and his extension of presidential powers. This is one of the gravest challenges which the country will confront, along with impunity, a legacy of the justice and peace law, and the daily assassinations against social and political opponents which the paramilitaries continue to commit. (1) Articles 467, 468 and 469 of the Colombian Penal Code (Law 599 of 2000) Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
RESPOND TO THREATS AGAINST RELATIVES OF PALACE OF JUSTICE ?DISAPPEARED=?ISO-8859-1?B?sg==?=
The courageous brother of one of the persons “disappeared” by the Colombian Army in its counterattack on the Palace of Justice in Bogota 22 years ago, Rene Guarin Cortes, has received serious threats against his life. During the last weeks he has received threatening telephone calls and been apparently followed by suspicious persons. The telephone threats referred to a necessity to silence any activity demanding justice, truth and reparations for the families of the Palace of Justice victims. Two unknown persons within a white jeep which sometimes has license number APJ 005 and sometimes license plate number AP 005 follow him around. These threats are an example of the advanced state of persecution against those who try to uncover the truth of what happened, brought by those who caused the deaths of at least 11 persons “disappeared” and later murdered after being taken out of the Palace of Justice alive. Other related events which have already occurred are the murder 9 years ago of defense and human rights attorney Jose Eduardo Umana Mendoza, who represented relatives of the victims of the Palace of Justice, and the theft of information obtained by relatives of the victims from the residence of Enrique Rodriguez Hernandez, the father of the Palace of Justice cafeteria administrator. Now the Guarin family is being threatened. Quite understandably, they have little confidence that Colombia’s Departamento Administrativo de Seguridad, or DAS, which is like an FBI, will investigate and prepare evidence against those responsible for the “disappearances” and murders, since the DAS has been implicated in murders of labor leaders, local community leaders and university professors. It is vital that the international community express its support for the efforts of Rene Guarin and the other relatives of the Palace of Justice victims and for the efforts of Attorney General Mario Iguaran, who has renewed and carried forward the investigation into the Palace of Justice events. Please write the following persons to tell them you want to see the Colombian Government take appropriate measures to protect the lives of Rene Guarin and all of the other relatives of the Palace of Justice “disappeared’, and to support Attorney General Iguaran’s investigation and prosecution of those responsible for the Palace of Justice murders. YOUR SENATORS AND REPRESENTATIVES IN THE US CONGRESS : See our website US AMBASSADOR IN COLOMBIA; Currently Charge d’ Affairs Mr. Brian A. Nichols AmbassadorB@state.gov Vicepresident of Colombia Dr Francisco Santos E-mail : fsantos@presidencia.gov.co> Procuraduría General de la Nación Dr. Edgardo José Maya Villazón Email : reygon@procuraduria.gov.co & anticorrupcion@presidencia. gov.co Defensoría del Pueblo Dr. Volmar Antonio Pérez Ortiz. E-mail:smailto:secretaria_privada@hotmail.com Permanent Mission of Colombia to the UN in Geneva E-mail mission.colombia@ties.itu.int Colombian Embassy in Madrid* emadrid@cancilleria.gov.co *The current Ambassador Nohemi Sanin, was Minister of Communications at the time of the takeover of the Palace of Justice and censored the mass media to report To the following European Embassies that have shown support for the relatives of the victims : bogota@diplobel.be <mailto:bogota@diplobel.be> embsueca@cable.net.co <mailto:embsueca@cable.net.co> vertretung@bog.rep.admin.ch <mailto:vertretung@bog.rep.admin.ch> nlgovbog@etb.net.co <mailto:nlgovbog@etb.net.co> delegation-colombia@cec.eu.int <mailto:delegation-colombia@cec.eu.int> bgota@international.gc.ca <mailto:bgota@international.gc.ca> Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
YOUNG STUDENT FROM UNIVERSIDAD DEL VALLE IS ASSASINATED
( Translated by Deryn Collins, a CSN volunteer translator) UNIVALLEÊ Ê Once again the State, through its armed arm, silences the sensitive voice of a young student and fatally wounds another. Flowers cut down in full springtime. The pain affects the rebel happiness. The National Army of Colombia assassinated Catherine Soto Ospina (Natural Sciences Student) and gravely wounded Rolando Quintero (Philosophy Student) both students at the University of Valle, Cali. Ê When will the assassin’s bullets stop? In the early hours ofÊ Friday 3 August 2007 at approximately 3.30am, in the rural zone of the municipality of Buenaventura, a hamlet of San Cipriano, a very popular rural touristÊ area in the department of the Valley del Cauca, Catherine Soto Ospina and Rolando Quintero were treacherously attacked and shot at by Army units, without warning and with no consideration of their civilian state ( desarmadosÊ and indefensible) whist they were walking as normal in a zone for tourists and local inhabitants in general. Our companions, like common and wild beings….our companions in flight, Catherine and Rolando, walking along the railroad track towards the hanging bridge, and just as they were crossing (Catherine was walking in front of Rolando) were surprised by a stray but officially marked bullet. She fell mortally wounded, a victim of the Army assassin’s bullets and immediately after Rolando was hit three times by another burst of fire, causing him to fall into the river gravely injured, where the current took him took the bank where he hid, hoping that the light of day would save him from the hoard of assassins. With the first rays of the sun, Rolando decided to come out of hiding to find help and who should find him but precisely the Army that hours earlier had shot him. They were travelling on a vehicle with guns that uses the train track – a typical vehicle in this zone). Sadly, very sadly, because not only was he injured but he was placed by the body of his walking companion Catherine. And this with the absoluteÊ order that he must not look at her or touch her. Don’t touch, don’t look, don’t talk but minutes earlier they had shotÊ Catherine four times and him three accurate bullets in the leg. Heroes exist, that is clear and like prison dogs hunt their victims. Our friend, travelled now, his leg covered in mud, ‘travelled’ with his attackers (victimarios), towards Buenaventura, his head next to herÊ head, even though hers was destroyed by a bullet that entered the left maxillary. Ê Once in Buenaventura, Catherine was taken to the morgue and Rolando moved to the regional hospital in the custody of the army, where due to the gravity of his injuries the medical corps decided to move him to Cali. But said move was not immediate and it was only made possible when a commission of the University arrived from Cali, thanks to a communication from Rolando to a companion of his. Meanwhile, the military authorities in Buenaventura,help was offered by the Navy and the Army in transporting Roland and Catherine’s body, including a helicopter offered by Captain Edwin Moreno, but in the end no help at all was given, not even with the medical costs that were caused those attending for a another dishonour of a institution stained by some officials, sub-officials and soldiers that along with the State have to respond to the community of the university of the valley and Colombian society on account of such cowardly and savage acts that for at least four times in two years put in mourningÊ the university student body that unto this day the national government with its already known exhaustive investigations punish those guilty of these crimes. Ê Ê This is not an error of intrigue by the mass media, when inÊ theÊ mass media media the declarations of the army generalÊ LEONARDO GÓMEZ HURTADO, affirm that it was an "error" in a military operation, justifying it on account of the suspicions the unit had aboutÊ the movements ofÊ the students, Catherine and Rolando, who were on the only and obligatory path used habitually by tourists and locals in general. According to him Catherine had gone forward, then returned to where Roland was and then she went ahead again; this is nothing more than an example of the level ofÊ devaluation of human life that the units of the Colombian army have reached in their paranoia of guerrillas, where after spying on uanarmed Êcivilians they fire and then investigate. Can it be right that today he simply says it was an error? Can it be rightÊ that to the friends and family of Catherine, a general of the Colombian Army, threatens those who do not know how to make with silly things such asÊ demands that the army will pay for everything , while a lawyer asks what they will do with this money? According to this general the problem can be resolved with money and because of this State will pay, as someone said, the life of Catherine and many more does not interest them. Today with the pain that the Colombian Army has caused with the assassination of CATHERINE SOTO OSPINA, of just twenty two years of age and the grave injuries of Rolando, and the even more grave injuries to his soul, we ask for the punishment of the units of the Army who participated in this cowardly act, we ask for no more ‘exhaustive inquiries’ ,while those responsible are free to carry on committing crimes through the length and breadth of the country, because the surest thing is that they will be order to move while being exonerated of any responsibility, in the traditional ‘solidarity of the corps’, institutional, for impunityÊ is the response that is given to Colombian society.Ê Ê The memory of Catherine, we ask the Colombian State and its government, with respect, to punish the cowardly criminals. Colombian society deserves that the Colombian Army be an institution that respects human life, and metes out ordinary justice and not penal military justice sooner rather than later, applying the new penal norms that make justice to the damage caused by the army billeted in San Cipriano on August 3rd 2007.Ê Ê We ask that the national and international communities make their respective pronouncements, to the President of the Republic Alvaro Uribe Vélez, the Minister ofÊ National Defence Juan Manuel Santos, the Minister of the Interior Carlos Holguin Sardi, the Procurator General of the Republic Eduardo Maya Villazon, the National Defender of the People Volmar Pérez, so that the effective military billeted in San Cipriano who are responsible for the death ofÊ KATERINE SOTO OSPINA and who left ROLANDO QUINTERO gravely injured, students of Valle University and those who, over the last two years at least have assassinated four other students with absolute impunity to date. Ê ORGANISATIONS THAT SIGN:Ê ORGANIZACONES Y GRUPOS DE TRABAJO ESTUDIANTILES DE LA UNIVERSIDAD DEL VALLE,Ê SINDICATO DE TRABAJADORES DE UNIVALLE, ORGANIZACIONES DEFENSORAS DE DERECHOS HUMANOS. PRESS RELEASE OF THE VICTIMARIOS: The Commander of the Third Brigade regrets to inform that public that military operations carried out in operation Cisneros with the objective of neutralising terrorist acts -Ê at around 3.30 a.m today on the railway track Buga-Buenaventura, in the rural area in the rural neighborhood of San Cipriano, in the municipality of Buenaventura,Ê resulted in the death of the young Caterine Soto Ospina and the wounding ofÊ Señor Rolando Quintero. At the place of the incident were Commandants of the Third Division and the Third Brigade, accompanied by functionaries of the Penal Military Justice system, the CTI and LA FICALIA, with the object being to progress the respective investigations tendientes the clarification of the eventÊ. The Commander of the Third Brigade expresses his condolences to the Soto Ospina family and wishes for the prompt recovery of Señor Rolando Quintero. BRIGADIER GENERAL LEONARDO GÓMEZ VERGARA COMMANDER III BRIGADE
SALVATORE MANCUSO ACCUSES VICEPRESIDENT OF HAVING TIES WITH PARAMILITARIES
Sent and translated by Lawyers Collective The Office of the Attorney General should initiate a serious and thorough investigation: José Alvear Restrepo Lawyers’ Collective Colectivo de Abogados “José Alvear Restrepo” Bogotá, Colombia 13 August, 2007 In testimony provided to the Justice and Peace Prosecutorial Unit in the City of Medellín, Antioquia, on May 16, 2007, paramilitary leader Salvatore Mancuso revealed the names of several senior Colombian government officials, politicians, and military officers that have ties with paramilitary groups. As a part of his testimony, Mancuso confirmed denunciations by many human rights organizations with respect to the emergence and consolidation of paramilitarism in Colombia owing to a State policy, basing his argument on counter-guerrilla army manuals from 1963. [1] The paramilitary chief also sustained that the current vicepresident of Colombia, Francisco Santos Calderón, proposed creating the Capital Bloc of the United Self-Defense Forces of Colombia (Autodefensas Unidas de Colombia - AUC), which indeed were established and operate in the city of Bogotá D.C. [2] Additionally, Mancuso asserted that Francisco Santos told Carlos Castaño, former commander of this same organization, “that he liked the model [of the self-defense forces] in Córdoba and that he would like for them to be repeated in Bogotá.” He then sustained “[Carlos] Castaño proposed that [Francisco] Santos command the Capital Bloc; however [Santos] rejected this, saying he didn’t know about these things.” Later, Santos wrote a newspaper column titled “Counter-Insurgent Project” in which he referred to the AUC. [3] Capital Bloc of the United Self-Defense Forces of Colombia The AUC Capital Bloc was first seen in Bogotá in 2000, as a part of the Centauros Bloc, which was born from the paramilitary incursion led by Vicente Castaño Gil in Mapiripán, Meta, in 1998. In October 2001, the murders of congressmembers Octavio Sarmiento and Luis Alfredo Colmenares Chía –who were accused of aiding the insurgency- were attributed to this paramilitary bloc. [4] Said criminal structure was also held responsible for the murder of countless young people in the localities of Bosa and Ciudad Bolívar as well as the sector of Altos de Cazucá, the largest recipient community of internally displaced persons in Colombia. For many years now, different social organizations and leaders have spoken out against this extermination of young people at the hands of the AUC Capital Bloc. [5] Furthermore, civilian leaders have asserted that armed men would violently enter residences and remove persons from their homes. They would also frequently force people off the public transport to check if their names appeared on death lists, in which case they were taken and never seen again. [6] At the previously described hearing, paramilitary leader Salvatore Mancuso swore under oath to the charges made against third parties, including those he made against Vicepresident Santos. [7] Nonetheless, Attorney General Mario Iguarán Arana sustained he was not the proper authority to investigate the vicepresident and that it was unclear what authority should carry out the investigation, even though he had publicly committed himself to investigating all persons accused by Mancuso of having ties with paramilitary groups. [8] In this sense, the José Alvear Restrepo Lawyers’ Collective urges the Attorney General to initiate a serious and thorough investigation of the charges made by Salvatore Mancuso, and especially those against Vicepresident Francisco Santos Calderón. Likewise, we continue to ask the international community to provide ongoing follow-up to the current situation in Colombia with respect to ties between public servants and paramilitary groups. Endnotes: 1 El Tiempo Newspaper, Justice Section, Bogotá, Colombia, May 15, 2007. Available at: <http://www.eltiempo.com/justicia/juicio_paras/paramilitares/ARTICULO-WEB-NOTA_INTERIOR-3557334.html>. 2 Semana Magazine, National Section, Bogotá, Colombia, June 10, 2003. Available at: <http://www.semana.com/wf_InfoArticulo.aspx?IdArt=73666>. 3 Semana Magazine, National Section, Bogotá, Colombia, May 15, 2007. Available at: <http://www.semana.com/wf_InfoArticulo.aspx?idArt=103663>. 4 El Tiempo Newspaper, Justice Section, Bogotá, Colombia, November 6, 2004. Available at: <http://www.derechos.org/nizkor/colombia/doc/chiquitin1.html>. 5 Extermination of Youth in Altos de Cazucá. Latin American Institute for Alternative Legal Services, Bi-Weekly Peace and Conflict Bulletin, Bogotá, Colombia, March 31 to April 15, 2004. Available at: <http://www.actualidadcolombiana.org/boletin.shtml?x=572>. 6 For more information, please see: <http://www.derechos.org/nizkor/colombia/doc/chiquitin1.html>. 7 El Meridiano. Monteria, Córodoba <http://www.elmeridianodecordoba.com.co/viernes/MONTERIA/MONTERIA.HTM>. 8 El Tiempo Newspaper, Justice Section, May 20, 2007 <http://www.eltiempo.com/justicia/2007-05-20/ARTICULO-WEB-NOTA_INTERIOR-3563042.html>. -- [On July 28, 2007, the principal Colombian human rights and peace coalitions sent the following letter to the Attorney General’s Office requesting information on the investigations being carried out against Vicepresident Francisco Santos.] July 28, 2007 Bogotá D.C. Doctor Mario Iguarán Arana Attorney General Honorable Attorney General, We the undersigned as spokespersons from human rights and peace organizations address you now to present the following right to petition with the purpose of requesting you to inform us of the name and post of the official from the Office of the Attorney General responsible for handling the investigation that should have been initiated against Mr. FRANCISCO SANTOS, Vicepresident of the Republic, for his presumed ties with paramilitary groups. Moreover, we request to be informed on the investigation’s file number as well as the current state of the process. This request is motivated by the following acts: 1. As is publicly known, on May 16, 2007, in the city of Medellín, Salvatore Mancuso provided testimony before the Justice and Peace Court in which he stated that the current Vicepresident of the Republic had met with him, as well as other important paramilitary commanders, on at least 6 occasions. At these meetings, Mr. Santos requested for the creation of a paramilitary structure in Bogotá. 2. After this information was revealed, the Vicepresident issued a public pronouncement in which he requested for the corresponding authorities to initiate and finalize –as soon as possible- any pertinent criminal and disciplinary investigations. 3. On previous occasions, both prior to and following the described acts, you made pronouncements on this matter to the effect that any link between public officials and paramilitary groups emerging from the hearings of the Law of Justice and Peace would be investigated. For instance, on May 20, in an interview with the journalist YAMID AMAT, you stated that you would transfer the matter concerning the Vicepresident to the Prosecutor Delegate before the Supreme Court of Justice. As you well know, this situation strongly influences the normal life of democratic processes in our country, especially due to the investiture held by Mr. Francisco Santos Calderón and in particular due to him being in charge of the human rights policy for the current government. Uncertainty concerning the reality of the acts, as well as the possible veracity of this testimony, has reduced the chances for a healthy environment between citizens and authorities, and especially between human rights and peace organizations and the Vicepresidency of the Republic. In this regard, it is important to remember the role fulfilled by an independent and impartial judicature under a social and democratic rule of law, and in particular with respect to the processing of senior government officials. Due to the foregoing reasons, we believe it is of utmost importance for the Office of the Attorney General to carry out a criminal investigation quickly and effectively so as to establish the possible responsibility of Dr. FRANCISCO SANTOS in the creation of paramilitary groups. Lastly, we ask you to send your response to the following address: Carrera 10 No 24-76, Oficina 905, Bogotá D.C. Sincerely, ALLIANCE OF SOCIAL AND RELATED ORGANIZATIONS (Alianza de Organizaciones Sociales y Afines) COORDINATION COLOMBIA-EUROPE-UNITED STATES (Coordinación Colombia-Europa-EEUU) COLOMBIAN PLATFORM FOR HUMAN RIGHTS, DEMOCRACY AND DEVELOPMENT (Plataforma Colombiana de Derechos Humanos, Democracia y Desarollo) PERMANENT ASSEMBLY OF THE CIVIL SOCIETY FOR PEACE (Asamblea Permanente de la Sociedad Civil por la Paz) -- "No podrá haber paz mientras subsistan diferencias tan profundas, desproporcionadas e irritantes en la suerte de las personas y de los pueblos." - José Alvear Restrepo "Peace is not possible as long as such profound, disproportionate, and aggravating differences exist in the fate of persons and peoples." - José Alvear Restrepo
Dangerous message from the President when denouncing the Security Forces
For the United Nations High Commissioner for Human Rights For the United Nations Human Rights Council For the Interamerican Commission on Human Rights Dangerous and disconcerting message of the President of Republic about the persons that document and denounce the occurrence of extrajudicial executions directly attributable to members of the Security Forces Observatory for Human Rights and Humanitarian Law Coordinación Colombia-Europa -Estados Unidos President Álvaro Uribe Vélez continues using a dangerous and defiant language which besides disqualifying the persons that report the occurrence of extrajudicial executions by security forces and security entities members, may endanger his life and personal integrity. The President prefers, once more, to deny the reality, contributing thus to maintain killings committed by State agents in impunity, instead of publicly stating his concern for the increase of denunciations regarding this serious violation of the right to life, as it is the case in a significant parts of the country, namely in Antioquia[1] On July 27, 2007, during the commemoration of the second year of enforcement of the Act 975 of 2005 (known as the Justice and peace Law), the President referred to denunciations of extrajudicial executions ascribable to Security Forces, as a new strategy used by guerrillas: “Now the guerillas have another strategy: every time there is a casualty in the guerrillas, immediately they mobilize their coryphaeus in the country and abroad to say that it was an extrajudicial execution. But the Armed Forces have been very careful so that there cannot be any ground to point out that the Armed Forces members are in collusion with paramilitary groups” . With regards to the high number of extrajudicial executions attributable to the Security Forces and their impunity, in October 2006, the CCEEU warned the Interamerican Commission on Human rights that “to hide a crime and on top of that, to present it as a military success is an oddity”[3] . Today, it is even more unreasonable that referring to facts where there is sufficient evidence to believe that the Security Forces carried out extrajudicial executions, the President of the Republic asserts that those who denounce them are “coryphaeus or guerrillas leaders”. The words of President of the Republic are intended to restrict the right of any citizen, or of the human rights organizations, to publicly denounce the occurrence of serious crimes, worsened by the fact that one can assume that the perpetrators are State Agents. They also intend to intimidate and disqualify the persons who exercise this right, based on serious investigations to document cases of human rights and humanitarian law violations, clearly disregarding the Declaration on the right and the duty of individuals, groups and institutions of promoting and protecting the human rights and the fundamental liberties universally- acknowledged[4] . The President of the Republic continues polarizing the Colombian society and his speeches would appear to correspond to a logic of war, according to which, the “enemies” of democracy are the persons that look after the respect of human rights because their denunciations would weaken the Security Forces in the war against the guerrillas. Accusations of serious violations of human rights perpetrated by State Agents are not and cannot be considered acts of “juridical and political war”[5] against military and police members, although some army officers continue maintaining such assertion[6] . These denunciations are not intended to discredit the police and the Security Bodies, but rather to call the attention about institutional and illegal behaviors so that these institutions and their members abide by the doctrines and practices compatible with the human right treaties ratified by the Colombian State, the Constitution and the law. Along these lines, the National Minister of Defense reminded the obligation of the Armed Forces to unrestrictedly respect them within the framework of the internal armed conflict: “The principles of legality, distinction, need and proportionality must drive all military actions. Given the circumstances and the new forms of the crimes and of the illegal armed groups – which are more often operating in small groups disguised as civil population- the Security Forces must do every effort to distinguish the civil population and to protect it in all circumstances. “Therefore, it is essential to keep in mind that: · Military targets must be properly identified and they can be attacked. · The war means and methods used must be proportional to the military advantage intended. · Attacks to civilians do not provide any military advantage. · Casualties produced in combat and resulting from the proportional use of force are legitimate and are framed in the Humanitarian International Law, provided we are referring to persons who participate directly in the hostilities. · Casualties produced out of combat or when the use of force is not consistent with the criteria of absolute need and proportionality are considered violations to the right to life and in the frame of human rights international law which constitute extrajudicial, summary or arbitrary executions. In addition, these behaviors are crimes that must be dealt by the International Criminal Court by virtue of the Statute of Rome”[7] . The State, and in particular the Security Forces, do not lose legitimacy due to denunciations of crimes ascribed to their members, but only by the fact that their agents have perpetrated them. Therefore, it is disconcerting that while the President of the Republic stigmatizes as guerrillas cooperators the persons who denounce and document killing of civilians committed by the Security Forces, the Minister of Defense, has recently reiterated the obligation of the Commander of the Security Forces to protect the civil population, to the light of the International Humanitarian Law and the human rights, during the development of any war operation: “(…) the need to maintain order and recover peace for the Colombians in the consolidation stage cannot lead the members of military institutions to commit tactic excesses that can easily lead to the strategic weakening of the State and of the Security Forces in particular, which at the same time will entail to lose their most precious asset: legitimacy”[8] . Bogotá, August 1, 2007 * * * Appendix Notes on the increase of extrajudicial executions attributable to Security Forces Persistence of a worrisome number of extrajudicial executions directly ascribable to Security Forces. Between July 2002 and June 2006, 726 persons would have been victims of extrajudicial executions perpetrated by Security Forces members. These cases do not correspond to isolated facts. On the contrary, extrajudicial executions were reported in 27 out of 32 departments of the country. Among the most affected departments are Antioquia (183 victims), Valle (53 victims), Arauca (40 victims), La Guajira (36 victims) and Nariño (32 victims). · In October 2006, the Observatory of human rights and humanitarian law of the CCEEU submitted to the Interamerican Commission an analysis of the occurrence of extrajudicial executions ascribable to Security Forces as well as detailed information on 98 cases, gathered from judicial dossiers given by the organizations making part of the CCEEU. · In March 2007, the Observatory of human rights and humanitarian law of the CCEEU produced during the fourth period of sessions of the United Nations Human Rights Council a brief document stating the four features of the extrajudicial executions attributable to Security Forces in Colombia: i) The increase of the violations to the right to the life, directly attributable to the Security Force coincides with the implementation of the “democratic security” policy; ii) extrajudicial executions have been committed in many parts of the Colombian territory; iii) extrajudicial executions correspond to clear action patterns that are repeated in all the country, regardless the military or police unit involved in the facts; and iv) there is a deliberated attempt to maintain these cases in the impunity, most of which are being heard by the military criminal jurisdiction. · In May 2007, the Observatory of human rights and humanitarian law of the CCEEU publicly presented the report entitled: Extrajudicial executions: the Eastern Antioquia case. Besides the analysis of the particular context of the eastern region of Antioquia department, the report includes detailed information about 74 cases (110 victims) of extrajudicial executions and general information about other 48 persons allegedly killed by members of the Security Forces ( most of them assigned to the Fourth Brigade of the National Army). · In June 23, 2007 El Espectador a weekly magazine revealed that the Procurator General’s Office informed the United States Embassy that as from January 1st, 2002, the controlling body “has started 54 disciplinary proceedings against officers and non- commissioned officers of the Security Forces for irregular operations in which country people who apparently were not subversive, had been presented as guerrillas casualties in combat”[9] . In Antioquia, the number of extrajudicial executions attributable to Security Forces could be significantly higher than the one mentioned in our reports. On May 22, 2007, during the launching of the report mentioned, the secretary of Government of Antioquia, Jorge Mejía, revealed that “between 2004 and 2006” the Inter- institutional Committee of Human Rights and IHL of Antioquia heard “264 denunciations, most of the them in the Eastern side”[10] <#_ftn10> . On July 4, 2007 El Tiempo newspaper stated that, according to information gathered by the Inter-institutional Committee, “312 cases in Antioquia, in which there were casualties in combat and concerns are reported, were sent to the Fourth Brigade”[11] . Note: the documents mentioned above can be requested ad Minister of National Defense, Permanent Guideline n. ° 10. Reiteration obligations for the authorities in charge of enforcing the law and preventing homicides in persons protected, Bogotá, June 6, 2007, page 2 of the CCCEU (coeuropa@etb.net.co). Bogotá, August 1, 2007 * * * [1] <#_ftnref1> In her last annual report on Colombia, The United Nations High Commissioner for Human Rights mentioned that extrajudicial executions attributable to Security Force members persist and that they were recorded in 21 departments of the Colombian territory: “The right to life was affected by the persistence of homicides with indications of extrajudicial executions ascribable to members of the security forces, in particular the army. The Office in Colombia has received a greater number of complains compared to the year 2005. These events were recorded in 21 Departments, especially in Antioquia, Nariño, Valle, Putumayo, Cesar, Atlántico, Tolima and Guajira. In many of the cases reported, three common elements were identified: the civil victims were presented as if they were killed in combat, the scene of the crime was altered by the perpetrators and the facts have been investigated by the military criminal justice system”. Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia, 4° period of sessions, doc. A/HRC/4/48, March 5, 2007, par. 36. [2] <#_ftnref2> Speech of the president Uribe when commemorating the second year or the Justice and Peace Law, Bogotá, SNE, July 25, 2007, www.presidencia.gov.co/prensa_new/sne/2007/julio/25/09252007.htm [3] <#_ftnref3> Observatory of Human rights and humanitarian law of the Coordinación Colombia-Europa-Estados Unidos (CCEEU), “False positives”. Extrajudicial executions directly attributable to the Security Forces in Colombia, July 2002 to June 2006, Bogotá, CCEEU, October 23, 2006, page. 18. [4] <#_ftnref4> Article 6 of this Declaration reads: “all persons are entitled, individually and collectively: “a) To know, gather, obtain, receive and hold information referring to human rights and fundamental liberties, including the access to information on the means by which such rights and liberties are enforced in the internal legislative, judicial and administrative systems; “b) According to the provisions of the human rights instruments and other international instruments applicable, to publish, disseminate or freely spread to third parties, the opinions, information and knowledge regarding all the human rights and fundamental freedoms; “c) To study and debate whether these fundamental rights and liberties are observed, under the law and in practice, and to form and maintain an opinion on this respect, as well as to attract the public attention to these matters by these means and using other proper means”. [5] <#_ftnref5> Notions of “political war” and “juridical war” were updated in a publication made by retired generals and admirals. See Body of retired Generals and Admirals of the Armed Forces, Shearing the Wolf. The unknown dimension of the Colombian intern conflict, Bogotá, See Body of retired Generals and Admirals of the Armed Forces, June 2002, 412 pages. [6] <#_ftnref6> On May 22, 2007 the Commander of the Fourth Brigade of the National Army maintained that the report on extrajudicial executions held in Eastern Antioquia, prepared by the Observatory for human rights and humanitarian law, “makes part of the political and juridical war”. Declarations made by General Jorge Rodríguez Clavijo to the newspaper El Colombiano. “NGO documents 110 summary executions”, El Colombiano newspaper, Medellín, May 23, 2007, (www.elcolombiano.com.co). [7] <#_ftnref7> Minister of National Defense, Permanent Guideline n. ° 10. Reiteration obligations for the authorities in charge of enforcing the law and preventing homicides in persons protected, Bogotá, June 6, 2007, page 2. [8] <#_ftnref8> Minister of National Defense, Permanent Guideline n.° 10. Reiteration obligations for the authorities in charge of enforcing the law and preventing homicides in persons protected, Bogotá, June 6, 2007, page 2 [9] <#_ftnref9> “The United States is investigating extrajudicial executions made by military members”. “¿Is the US certification to Colombia in danger?”, El Espectador weekly publication Bogotá, 24 to 30 June 2007, pages. 1A & 4A. [10] <#_ftnref10> “NGO documents 110 summary executions”, El Colombiano, newspaper Medellín, may 23, 2007, (www.elcolombiano.com.co). [11] <#_ftnref11> “16 military officers were arrested for ‘false positives cases’”, El Tiempo, newspaper Bogotá, July 4, 2007, page 1-4 (www.eltiempo.com/ tiempoimpreso/edicionimpresa/justicia/2007-07-04/ARTICULO-WEB-NOTA_INTERIOR-3622976.html). Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
THE PLAN IS TO DESTROY US
(Translated by Eunice Gibson, a CSN volunteer translator) Ê It’s necessary and it’s our obligation to history to continue reporting the arbitrary actions and the threats that continue to be made against our system.Ê We believe that the record of these may one day allow humanity to do justice. Ê *Ê On Wednesday, August 1 at about 4:30 p.m., the Police called a meeting in San Jose of all the people who live there.Ê At the meeting, they stated that the Peace Community is a nuisance and that it was time to get rid of it in any way possible.Ê The mission is to exterminate it.Ê They added that the recent guerrilla attacks had come from the Peace Community and that, if we are successful in finishing off the community, we will be able to control the area and carry out the plans that we have for the region.Ê They then presented a former guerrilla who said that the Peace Community is now ten years old and that he knew how to do things:Ê He said they could go in there with court orders but they wouldn’t find the guns, because they had those hidden outside.Ê He said that when they need to carry out attacks, they leave the community and carry out the attacks just as they had done with the police.Ê The police called on everybody there to unite, in order to be able to get rid of the community.Ê They said they knew that there are 17 countries, internationally, that are supporting the community but that those people from outside would soon get tired of it and that would be their chance to finish off the community completely.Ê That’s why everybody has to be ready. Ê *Ê On Thursday, August 2 at 5:20 p.m., two boys from the community, one 7 and one 10 years old, were leading a horse to the pasture when soldiers called to them.Ê They were on the road about five minutes from San Josecito.Ê The soldiers asked them if they would like to carry a rifle like the ones they were carrying and join up with them.Ê The boys answered that they just wanted to be farmers in the community.Ê Hearing that, the soldiers started to call them little guerrillas and tell them that they would be sorry just like the people in that son of a bitching community. Ê *Ê On Saturday, August 4 at 3:15 p.m. in Tierra Amarilla, the soldiers stopped a public transport bus.Ê They told the people on the bus that they are starting to take a census throughout the area and that they would have to give all the information they asked for and that they were carrying out the law and the people had no alternative but to answer. Ê *Ê On Monday, August 6, by means of various information media, the departmental authorities requested the national government to intervene in the Peace Community with searches and court orders.Ê They asked that the protective measures ordered by the Inter-American Court for Human Rights and the Constitutional Court be ignored. Ê Ê The attitude of the highest levels of the departmental government continues to be worrisome.Ê They are asking the government to do violence to the community by juridical means.Ê Instead of demanding respect for the people and for the victims of human rights violations, the local government calls for violence to be done to our community and asks that the protective measures ordered by the Inter-American Court for Human Rights and the Constitutional Court, obedience to which is obligatory for the Colombian Government, be ignored. Ê The armed forces have demonstrated clearly and have announced publicly that their mission is to destroy us, and to make that happen, their methods have to be in accord with their perversity.Ê That’s the reason for the illegalities, the phony census, and former guerrillas carrying out meetings to make plans against the community and to make false accusations. Ê In spite of all the threats, all the announcements of our destruction and of all these injustices, they are making the same mistake.Ê Our system feeds on our search for justice, on respect for life and dignity, universal noble principles that will never let us lose courage.Ê Our determination is strengthened by the memory of our martyrs.Ê Our future is in our children, who have learned that war and the armed actors are not the right road.Ê Living life in a peaceful way is the essence of what we have been able to construct. Ê We are grateful for all of the national and international solidarity that we will always have on this path of life and dignity. Ê PEACE COMMUNITY OF SAN JOSE DE APARTADO Ê August 6, 2007Ê ------ End of Forwarded Message
LETTER FROM A TEACHER WRITING FROM PRISON
FROM PRISON MESSAGE TO THE 5TH WORLD CONGRESS OF EDUCATION INTERNATIONAL (Translated by Peter Lenny, a CSN volunteer translator) Reclusión de Mujeres Buen Pastor women's prison – Bogota – Colombia. 25 July, 2007. Dear Comrades, Men and Women Educators of Education International; Respected Colleagues of the United Kingdom National Association of Schoolmasters Union of Women Teachers (NASUWT) and the Australian National Tertiary Education Union (NTEU), My warm and sincere greetings and thanks for nominating me for – and granting me – the 2007 Mary Hatwood Futrell Human and Trade Union Rights Award. The honour of receiving such a distinguished accolade overcomes cold prison bars, rusting padlocks and sordid walls. The prison enclosure denominated Cell Nine in the women's prison was chosen under the Democratic Security Policies to give me a lesson in confinement. They accuse me of rebellion and, according to the government, its penal codes and prison laws, they want to resocialise me, because they say that, after twenty years as an educator, I am a danger to society. I have been developing as a dangerous rebel since I was three, when I decided I was the teacher for my brothers and sisters and the other boys and girls in my rural district. It was my vocation, and I cultivated it with care and dedication. At secondary school, I relished Colombian, Latin American and Universal Literature – the classes and the homework. How the realities of social injustice are captured by literature in all its genres! And how controversy raged when we argued for Capital – Karl Marx's capital, not the capital of political interests that subjugate, trample, enslave, despise and mock the hunger of many for the power of the few! It was to meet my vocation that I entered university to study Education Sciences, and the feeling of that first day of class in front of the pupils, the beautiful reality of it: the hem of my dress trembling slightly and little drops of perspiration hidden in the blush of my cheeks. In this corner of the prison, the government's intention is to make me live in leaden solitude, far from students and rural, indigenous and workers communities, to silence my voice, to isolate me so as to sap my strength, to condemn me to narrow routine, to submerge me in relentless oblivion, but neither they nor I knew that here I would find sweet serenity of thought: amid the cold of the walls, little by little I saw they were warming and trusting, hanging attentively on the words of my interminable monologues, and one day they too asked “Why are they keeping us prisoner? Why do they kill, massacre, disappear and displace us? Who do they intend to resocialise in the stagnant monotony and absurd sterile routine of hours and days? All that life wasted in prisons! It's like a “valley of dry bones” scattered over the sterile land, longing in libertarian hope to live again; it's like the raging, mindless night when the storm destroys and lays waste to all it finds in its path, regardless of whether it's trees, people, dreams or ideals. And when my steps head for the exit, they crash abruptly into orders to “return to your cell, release denied”. The bars stare back, ironic and sarcastic. I return and seek refuge in books, embroidery, the mixture blends of colour and the subtlety of words; with their warmth they submerge me in a strange, sublime weave of freedom, and interlace in the collection of letters I am reading: when a prisoner in a prison somewhere in the world was offered her freedom in exchange for doing things to favour of the interests of capitalist power, she replied: “They will set me free, because I have never lost my freedom”. I have my freedom in honest, tireless, steadfast struggle for education, and for life with dignity for ordinary peoples, whose spirit swells as they give deeper meaning to Love of Life with Social Justice. They have taken my body prisoner, but my soul is free and there are no chains on my spirit. Infinite thanks for your solidarity and support. Affectionately and fraternally, María Raquel Castro Pérez Address: Reclusión Nacional de Mujeres “El Buen Pastor” – Cra. 47 #84 – 25 Bogotá – Colombia – Patio Siete. ******************************************************************** RED DE HERMANDAD Y SOLIDARIDAD - COLOMBIA All material distributed by REDHER indicates source and authorship. REDHER authorises redistribution of such material providing the same criterion is applied. Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
DEMOBILIZED PARAMILITARIES KEEP THRETENING HUMAN RIGHTS DEFENDERS
(Translated by Stacey Schlau, a CSN volunteer translator) Bogotá, Colombia, August 3, 2007 TO THE NATIONAL AND INTERNATIONAL COMMUNITY: THERE HAVE BEEN GRAVE THREATS AND HOSTILITY BY THE “DEMOBILIZED” PARAMILITARY GROUPS AGAINST VICTIMS AND ORGANIZATIONS THAT DEFEND HUMAN RIGHTS. Facts: 1. On July 31, 2007, members of the paramilitary groups who identified themselves as “Black Eagles” attacked the residence in the city of Villavicencio where Mr. HECTOR TORRES, defender of human rights, was staying. He has been denouncing to judicial authorities the continual violations of human rights and international humanitarian law being perpetrated by police and paramilitary groups against the communities of the lower Ariari and the Güejar river, a region in which the so-called “Victory Plan” part of the Plan Colombia is being implemented. Members of the paramilitary units knocked on the door, and told the occupants that they were there to do a political survey. When they opened the door, one of the paramilitary pointed a gun at them, while the other four climbed to the second floor, armed with small firearms and ordered all the occupants of the house to get on the floor, while they shouted: “where is that s.o.b. HECTOR TORRES?” While they searched the entire house, one of the family members succeeded in throwing himself off the balcony and warning the neighbors, who called the police. The paramilitary soldiers had come in a public service taxi with licence plates UTV 430 from Villavicencio. The taxi, after leaving them there, pretended to have a mechanical failure. The paramilitary group fled the scene; in their flight one of them climbed into the vehicle, but the neighbors’ action prevented the vehicle from leaving. That paramilitary jumped out of the car and succeeded in fleeing; the driver and the vehicle were detained and handed over to the police at 9:45 pm. The charge was filed in the URI of Villavicencio. 2. On July 30, 2007, an e-mail message arrived, addressed to the National Coordinating Organization of Displaced Persons. The message was signed by those who called themselves “Black Eagles of Bosa.” In the message they said that their immediate objective was Mr. Rigoberto Jiménez and the members of the Yira Castro Legal Corporation. The text of the threat reads as follows: “AUC Black Eagles of Bosa Mr. Rigoberto Jiménez , this is the third time. You think that we are playing games, and both you and the scumbag lawyers of the Yira Castro have ignored us. We are watching your every step and movement. We know that you intend to accuse us and if you do you’ll be sorry. We will hurt you where it hurts most. The idea is to clean up Bogotá of all FARC guerrillas and replace it with a city without criminals . Sincerely, Auc “ This is the third e-mail sent to the National Coordinating Organization of Displaced Persons CND and the second in which the Yira Castro Legal Corporation is mentioned, within the last 10 days. This happened almost a month after the illegal breaking and entering and stealing of information from the office of the Yira Castro Legal Corporation. On June 22, 2007, unknown persons entered the headquarters of the human rights organization located in the La Soledad neighborhood of Bogotá, and made off with several computers and information relating to legal cases in process. RIGOBERTO RUEDA is a displaced leader who through the CND has been working for the rights of the displaced communities. In this liability process, he has been aided by several human rights organizations, including the Yira Castro Legal Corporation (CJYC), a human rights NGO that works for victims of forced displacement in Colombia, as well as for peasant communities in danger of being displaced. The CJYC is part of the National Movement of Victims of State Crimes, and of the Advisory Committee of the Citizens’ Hearings for the Truth of the Colombia-Europe-United States Coordination, and of the Colombian Project Never Again. Together with other organizations it spurred Citizens’ Hearings for the Truth in San Onofre-Sucre and in Buenaventura, Cauca Valley; and also the International Opinion Tribunal about the Forced Displacement in Colombia, jointly holding several regional hearings and one session in Bogotá. Similarly, they have accompanied the recent mobilizations carried out by organizations of displaced persons in different cities in Colombia, within the framework of the Land, Life, and Dignity campaign, during the 10 years of the 387/97 Law; and they formed the juridical advisory committee of the National Roundtable for Strengthening Organizations of Displaced Persons, a space from which they have supported the creation of several Departmental Roundtables of Displaced Persons. They also push forward legal action to protect fundamental rights, as well as the hereditary rights of victims of forced displacement, and they represent victimized families who are seeking their rights to truth, justice, and total reparation. HECTOR TORRES, RIGOBERTO RUEDA, and the YIRA CASTRO LEGAL CORPORATION are members of the Victims of State Crimes Movement. They actively participated in the meeting of victims held by social organizations in Bogotá on July 26-28, attended by more than 2,200 delegates from indigenous communities and organizations, other community organizations, unions, displaced persons, young people, women, people of African descent, peasants, etc. At the meeting, it was reaffirmed that the crimes committed by paramilitary groups against certain political and social sectors are not isolated, but rather part of systematic, planned actions directly tolerated by the State. As well, they questioned the legal framework and actions of the national government in legalizing the impunity of crimes committed by these paramilitary groups, and they committed themselves to putting forward a common agenda of social mobilization against the impunity and for the defense of victims’ rights to truth, justice, total reparation, and guarantees that it won’t happen again. 3. The threats, persecution, and hostility against victims and human rights organizations that work toward organizing victims and in defense of their rights demonstrate that paramilitary structures have not been dismantled. On the contrary, there is evidence that they have been strengthened in many regions of the country, which proves the involvement of the Colombian State. As a consequence, we ask for letters to the Colombian State, represented by President Alvaro Uribe Vélez, and civil and military authorities, demanding: · That they guarantee the life and personal safety of HECTOR TORRES, RIGOBERTO RUEDA, and the members of the YIRA CASTRO LEGAL CORPORATION; · That they initiate the action necessary to investigate the accusations through targeting and threats committed by presumed paramilitary groups, against those mentioned above; · To the President of the Republic, that he publicly condemn the attacks against human rights organizations, emphasizing the importance of their work; · The dismantling of paramilitary structures, the investigation and judging of their crimes with sentences proportionate to the gravity of the facts, and guarantees to the victims of their right to truth, justice, total reparation, and that it will not happen again. ADVISORY COMMITTEE Victims of State Crimes Movement Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
Colombia: OCHA Humanitarian Situation Report 17 - 30 Jul 2007
Source: United Nations Office for the Coordination of Humanitarian Affairs (OCHA) <http://ochaonline.un.org/> Date: 30 Jul y 2007Ê I. HUMANITARIAN SITUATION OVERVIEW AT-RISK COMMUNITIES IN NARIÑO Indigenous, Afro-Colombian and peasant communities are at high risk of mass displacement due to minefields, armed confrontations and forced recruitment. 600 members of the AWA indigenous community are under pressure by FARC due to probable minefields planted throughout their reservations in the town of Ricaurte. The indigenous inhabit a zone where constant armed confrontations are registered, therefore facing a high risk situation. Between July 14 and 15, five members of the indigenous group (two children among them) died by minefield accidents within the Magüí reservation. After the accidents, the Ombudsman of Nariño department reported a mass displacement of indigenous families from Magüí reservation into neighbouring rural areas and the urban area of Ricaurte. This preliminary information known by OCHA still lacks the number of indigenous families currently displaced. However, the Ombudsman's Office reported a food shortage in the communities, and a humanitarian mission of AWA authorities arrived in Ricaurte on July 21 to meet with their affected fellows. The Local Committee for IDPs' Integral Assistance is evaluating the situation to determine the needs for humanitarian assistance. Acción Social also sent a representative to area. It is worth pointing-out that AWA indigenous communities had recently returned after a mass displacement in 2006. On the other hand, OCHA's Field Office in Cali was informed of the increase of forced recruitment of afro-Colombians in the town of Olaya Herrera, located in the Pacific Coast. 16 new cases of forced recruitment were registered during last week in a rural area of this municipality, where the Catholic Church and UNHCR conduct community-based protection initiatives. Meanwhile, UNHCR reported last week that an undetermined non-Sate armed actor is engaging in continuous attempts to enter urban areas in the town of Ipiales (in the highlands of Nariño). According to the source, nearly 8,500 persons are currently at high risk. UNHCHR and the Early Warning System of the Ombudsman's Office are visiting the municipality regularly as a “protection-by-presence” prevention measure and UNHCR will conduct a registration campaign among the population. MASS DISPLACEMENT IN CHOCÓ 110 displaced from rural Condoto The event was reported by the Early Warning System of the Ombudsman's Office on July 27. Victims would have fled from their homes (southeast Chocó) because of armed confrontations and military operations against FARC. OCHA monitors this preliminary information. FORCED RECRUITMENT New cases of forced recruitment in Meta and Sucre departments reported. The Navy Infantry informed to have intercepted a boat travelling to Puerto Gaitán municipality (Meta) along the Meta River where a “new emerging band” was transporting a group of 15 youngsters forcibly recruited in the Urabá region (July 25). The second case occurred in the city of Sincelejo (capital of Sucre). According to information received by OCHA's Field Office (July 24 - 30), 19 men are reported missing. They were presumably recruited by an undetermined non-State armed actor. Even though later on 4 of them returned, people in Sincelejo are reluctant to denounce kidnappings and recruitment by fear of reprisals. Furthermore, concerns about children and youth forced recruitment in Colombia increase as reported by the inter-institutional working group against children and youth participation in Colombia's armed conflict “Colombia Coalition” (comprised by national and international NGOs). The group presented its formal report to the Human Right's Inter-American Commission (July 13), which focused its analysis on children's recruitment and demobilisation in the negotiation between the Government of Colombia and paramilitary groups. While pointing-out there are no official figures, the report indicates there would be an estimate of 13,000 children (1 in 4 combatants under age 18). HEALTH CRISIS IN ARAUCA 60,000 people with restricted access to health services due to armed pressure. 2 major healthcare companies in Arauca suspended the provision of medical services in the towns of Arauquita, Saravena and Fortúl claiming armed pressure from ELN (July 18). Both companies cover 80% of the departmental population; 40% (60,000) settled in the affected towns. The Social Protection Ministry called upon the Defense Ministry to take protection measures for the companies' workers. Consequently, the Army Brigade in Arauca increased military presence to reinforce security in these towns. <http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-75TLAG/$File/Full_Report.pdf> Read the complete report atÊInforme completo como archivo pdf adjunto. Ê http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-75TLAG?OpenDocument <http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-75TLAG?OpenDocument>
LESSONS FROM MONCAYO
Between 26th and 28th July 2007 a huge crowd gathered in Bogotá --- women, small farmers, Afro-Colombians, indigenous people, displaced people, trade unionists, relatives of the victims of murder, kidnapping or forced disappearance --- to meet and get to know each other, and to seek ways to solve their problems. Among them was Professor Gustavo Moncayo, who had been walking from his birthplace Nariño, on the southwest border with Ecuador, since mid-June, appealing for freedom for his son, a policeman kidnapped by the main rebel group, the Revolutionary Armed Forces of Colombia (FARC), in 1997. A report of what he said is given below and includes a call for a humanitarian agreement –-- which is supported by the European Union and international human rights organisations --- between all sides in the conflict in Colombia. ( Translated by Dan Baird, a CSN translator) Moncayo: lessons from a teacher By Mauricio Rodriguez Professor Moncayo’s words in the Plaza de Bolívar are not only moving: they demonstrate the passion and clarity of a man who knows clearly what he wants to see and who sees what Colombia needs to achieve peace. Undoubtedly tired, and pausing at times like a man on an extremely long road, Professor Moncayo spoke to us in a conversational way, as he would talk between lessons to a group of pupils, more like a teacher than a professor. He told us how in the the loneliness and indifference he experienced on his first days on the road towards the humanitarian agreement, his only companions --- together with his daughter --- were the mountains and the deep valleys, the cold and the rays of sunlight that lit the way. These were his companions – and his greatest hope. And this was his first lesson: that we should learn to observe. We should observe the magic and the majesty both of our natural riches and of our people, of the people’s solidarity amidst the poverty in which thousands of families live. One of these families had invited him, as night came, to share their simple meal. “This is what we are”, he said. “We are a people of great heart and solidarity, darkened by misery and lack of vision”. On his way, Moncayo had seen the problems of our hospitals, schools and colleges, the shacks beside great avenues, the exploitation of children and, again and again, the sheer misery. But everywhere there was also the fraternal embrace, human solidarity, love, and respect for the teacher’s cause. His second lesson: to learn to listen, to compel ourselves to listen, to want to listen. He told us how, without it being suggested to them, the police admit that they act in the interests of capital and against the people. In conversation they can be brought to understand that they too are among the millions of Colombians who suffer from neglect, low salaries and unemployment. The police understand that they are really part of those who often resort to marches and street protests, but whom --- with clubs, black shields, tear gas and water dye --- they disperse in the name of sacred liberty and order. The third lesson: the people should stand up with dignity. Step by step, he had realised that the original reason for his walk had changed. No longer was it the freeing of his son or of all those who had been kidnapped. He told us that what was developing now was his proposal for a humanitarian agreement, and that the Colombian people --- in contrast to the complicit and deathly silence of the guerillas and the President --- has an obligation to stand up with dignity and demand peace and to demand the humanitarian agreement. This, he said, would come about if the guerillas renounced their weapons and if the budget which [President] Uribe begs from the rest of the world was invested to solve the country’s social problems. The people have the responsibility for peace, because they have the responsibility for changing history. Moncayo will remain in the Plaza de Bolívar, because his long walk has brought him here, but his final goal is the humanitarian agreement. And this will be better preparation for the rest of us. From time to time, we can go and talk with the teacher, we can enjoy a conversation with him. We can observe, listen and talk, to go on learning both his new and his old lessons. Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
AMNESTY INTERNATIONAL RESPONDS TO COLOMBIAN MINISTER OF SOCIAL WELFARE REGARDING TRADE UNIONISTS
AI Index: AMR 23/026/2007 (Public) Ref. No: TG AMR 23/2007.27 Sr. Diego Palacio Betancourt Ministro de Protección Social Ministerio de Protección Social Carrera 13 No 32-76 Bogotá, Colombia London, 26 July 2007 Dear Minister I am writing to acknowledge receipt of your letter of 4 July 2007 <http://www.amnesty.org/resources/pdf/070704_AMR23200727.PDF> to Lilian Goncalves-Ho Kang You, Chair of Amnesty International’s International Executive Committee, commenting on Amnesty International’s latest report on Colombia – Killings, arbitrary detentions, and death threats - the reality of trade unionism in Colombia. We are pleased that you have read and analyzed the report. However, in view of the comments made in your letter, we would like to make some observations. First, let us say that Amnesty International does recognize that, since 2001, there has been a fall in the number of trade unionists who been victims of killings or enforced disappearances, although in 2006 there was a small increase in the number of killings compared with 2005. In addition, we should point out that, since 1991, there have been years when there has been a considerable reduction in the number of trade unionists killed, followed by years showing a dramatic increase. Our report stresses that there will be no definitive solution to the grave human rights situation for trade unionists until firm measures are implemented to address the high levels of impunity enjoyed by more than 90% of those responsible for human rights abuses and violations against this sector of the population. Amnesty International recognizes that the recent creation of a special unit within the Office of the Attorney General (Fiscalía General) to investigate killings of trade unionists could constitute a major step forward. As we emphasize in our report, we trust that this unit has been given the resources to enable it to carry out its mandate and put a stop to the widespread impunity which is so common in cases involving the abuse of the human rights of trade unionists in Colombia. This would include a genuine undertaking to investigate the more than 2,000 killings and 138 enforced disappearances that have taken place since 1991. In addition, we hope that any cases in which paramilitaries are implicated will remain under the jurisdiction of the specialized unit and not be transferred to the Justice and Peace Unit (Unidad de Justicia y Paz), because we are of the opinion that the legal framework establishing the Justice and Peace Unit does not give effective guarantees of truth, justice or reparation for victims of human rights abuses or violations. We also recognize that the Protection Programme of the Ministry of Interior and Justice has saved the lives of some trade unionists, although others under this Programme have died. What we have argued in our report is that physical protection alone is not enough without real political will and concrete measures to address the problem of impunity in Colombia. In your letter you refer to the fact that there have been 79 convictions in 45 cases, but it is not clear whether these are recent cases. Furthermore, the mere fact that there have been convictions in 45 cases does not imply a substantial improvement in terms of impunity, which continues at a level of over 90%. With regard to the figures relating to killings of trade unionists in 2006, we would like to inform you that, as stated in our report, the figures included in our publication are taken from reports produced by the National Trade Union School (Escuela Nacional Sindical, ENS). Close perusal of our report reveals that the 77 cases for 2006 include victims of killings and enforced disappearances. The 72 cases to which you refer in your letter refer exclusively to killings. We would also like to remind you that there is clear, convincing and long-standing evidence of collusion between the security forces and paramilitary groups. Many national and international organizations – including the Office of the United Nations High Commissioner for Human Rights and the Inter-American Commission on Human Rights of the Organization of American States – have commented on this and publicly voiced their concern at this relationship. Many organizations have also taken a view on the impunity afforded by application of the Justice and Peace Law and on the non-compliance of that law with international standards on the rights of victims to truth, justice and reparation. With regard to your complaint that you were not consulted, we would like to inform you that, as part of this and many other investigations, on visits to Colombia Amnesty International researchers have had meetings with high-ranking representatives of the Colombian Government to share their concerns in relation to human rights. It is the wish of our organization to maintain constructive dialogue with governments with a view to improving the human rights situation in their respective countries. It will, therefore, be a pleasure to accept your invitation to discuss the situation with regard to trade unionism in Colombia and the Colombian government’s efforts to improve the situation. Prior to our representatives’ next visit to Colombia, we will contact you to ascertain the feasibility of such a meeting. Before I bring this letter to a close, I would like to say that it is the mission of Amnesty International to denounce any human rights abuses and violations we have identified and speak out on behalf of all those who are victims of such violations, regardless of who the perpetrators may be, or the colour of their uniform. If the report contains more references to human rights violations committed by paramilitaries and the security forces than to the guerrilla, it is because these are the sectors primarily responsible for the deaths of trade unionists in Colombia. Although they are the principal perpetrators in attacks on trade unionists, we do not exclude guerrilla forces from responsibility for attacks on trade unionists. We look forward to hearing from you. Yours faithfully Susan Lee Director, Americas Regional Program Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
BLACK EAGLES THREATEN THE RECRUITMENT OF YOUNG PEASANTS
(Translated by Stacey Schlau, a CSN volunteer translator ) ALERT, NORTHERN TOLIMA It is no secret that the paramilitary project is alive and well. Of grave concern is that it is more visible and its perpetrators are more shameless and so terror and impunity abound in rural areas and cities. During this week, in the region of Northern Tolima, particularly in the townships of Villahermosa, Líbano, Murillo, Venadillo, Anzoátegui, and Santa Isabel, according to reports from the people of the region, the paramilitary group Black Eagles has circulated an announcement proclaiming the recruitment of young people, threatening transporters with death. They have declared that several people are military objectives and have been coming to make their presence felt in some areas of these townships, which has resulted in the displacement of young people from the region and several students have had to stop attending classes out of fear of being forcibly recruited by the paramilitary units. This paramilitary group has announced that on August 5, 6, and 7, 2007, movement by all vehicles in the region will be prohibited. They have threatened to kill anyone who disobeys their orders. These threats have generated panic in the populace, fearful that these groups will begin to spread death and anxiety in the region, as they did in past months. We call on human rights organizations and social organizations to be aware of this situation, so that together we may begin actions to protest and in solidarity with these communities, especially the young people, that find themselves in a highly vulnerable situation. We demand that the municipal, departmental, and national authorities, and those State agencies that maintain control, take the measures necessary to protect the civilian population. NATIONAL AGRARIAN COORDINATOR SEMBRAR CORPORATION Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
10 YEARS SINCE THE MASSACRE IN MAPIRIPAN
Translation by the Center for International Policy Sent by the José Alvear Restrepo Lawyers’ Collective Summary of Crime: On July 12, 1997, two planes leaving from the airports in Apartadó and Necoclí along the Caribbean coast flew more than one hundred heavily-armed paramilitaries to the San José del Guaviare airport in the central plains of Colombia. On their day and half journey to the town of Mapiripán, Meta, they passed –without any problem whatsoever- through countless army and police checkpoints, including the checkpoint in front of the Barrancon base where US special forces trained their Colombian counterparts. Then, from July 15 to 20, these paramilitary forces proceeded to detain, torture, execute, and disappear at least 49 persons in the town of Mapiripán. During this time, the Colombian State refused to come to the aid of the civilian population. -- “We don’t even want you to bury this one” [1] Colectivo de Abogados “José Alvear Restrepo” July 13, 2007 Bogotá, Colombia According to what I heard, those gentlemen appeared at six in the morning on Monday, dressed like soldiers, so the town thought that the Army had arrived. They banged on the door looking for him by his nickname, “Catumare.” He didn’t want to open the door for them, and even tried to escape through the water tank in the bathroom. He had just bathed, he wasn’t wearing sandals or a shirt. They got him in his shop on the corner, while they looted everything there. They flipped over the sofa and turned everything upside down. Later they let him come in so he could put on his shirt and shoes - but not his sandals, because they were going to have to walk far. When he asked them to give back what they had taken, they told him that he wouldn’t need anything where he was going, not to worry, he should leave all that to the poor. That is how they took him away. My father had bought me a house, so that I could be there with my children. After all, they were his grandchildren, and he wanted to have them near. He had even spoken with the school, and everything was ready for that week. But I called Monday, and nobody answered, the same as Tuesday and Wednesday. The next day the news was on the radio. There had been a massacre in Mapiripán, and he was among the victims. Tuesday, it is said, they walked him all over the town. With his arms behind him, he watched everyone out of the corners of his eyes, under his hat. When they came to the “El Ganadero” billiard hall, they asked him where he kept the rest of his money, that he was the richest old man in town. When they got to the place, they took away everything. They were so brazen that they even took away a chess set that my son had given him the previous Christmas. After that day, they spent their time in there, from morning to night. What they didn’t spend, they threw away. My old man was the only one who legally raised us. He sent me bananas and other groceries from Mapiripán. He also sent money to pay for my children’s school. Every month he gave me 200 or 300 thousand pesos [at the time, US$130-200], and in addition to that, for example every two months, he would come to town and give me another remittance - so that the children don’t go hungry, he said. He bought milk and baby food for the newborn baby. Later he would tell me not to worry, that he was putting together a little house in town, so that I could live there with my children and they could play in the yard. Wednesday night, the town could feel it. After the power was cut off, they heard how he was martyred. “Kill me if you are going to, but don’t do all this to me,” he apparently said. He was the only person they heard crying out that night. My father was like a culebrero [roughly, “medicine man”]. If you told him you needed a pill, he would ask, “What [illness] do you have?” And right there, he would have the drug. He sold everything there is. There was nothing you could ask for that he would not have. He went up and down the whole Guaviare River with that boat full of any kind of thing. Upriver, downriver, he was sometimes gone for fifteen days taking cheap clothes, food, panela [solid raw sugar], all kinds of food. That Saturday, the town awoke in silence. Some curious boys who happened near the Guaviare River saw him. They had cut his testicles off, they had cut him into pieces, everything was all lying there. But nobody could do anything, because the order was that whoever touched him would be killed. Once, while chatting at the dinner table, my oldest child told him that he wanted to be a soldier. Then my papa said to him, “Not by the son of a pig are you going to be that. Are you stupid, are you going to give yourself to the government? Don’t you see that the government is the biggest thief!!! Be an architect instead.” He was so intent that my children stay with him, that in those days we went to speak with a guy - he was the director of the hospital - about giving them computer classes. “I may have to buy the computers, but here my kids are going to have everything.” He also bought them two motor scooters, so that they could go from here to school, because it was very far and so that they did not have to bother with so much walking. At dawn on Sunday, when all those people had finally gone, some people from the town went to see if they could retrieve the bodies from the river. They tried to pull them in with sticks, trying to reach them… but they could not. My papa was among them. But those people returned, and asked whether those gathered there wanted the same thing to happen to them. Then they cut open his stomach - he was already dead - and filled it with stones. They picked him up like a colt and threw him again, this time far into the river, apparently because “We don’t even want you to bury this one…” I don’t know why they were so especially merciless toward him. As far as I know, my old man was the only one they robbed. As far as I know, my father’s properties were the only ones that they practically destroyed. As far as I know, all their hatred fell on my papa. He was the first person they took when they arrived in the town, asking for “Catumare,” because they didn’t even know his real name. All this, because he was a leader of the Patriotic Union. And I knew nothing about this. I still remember like it was yesterday, one day, when I was a girl, he told me that when I turned fifteen he would buy me a big house, so that when I got married or went to live with a man, I would always be able to throw him away. Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
TOTAL SUPPORT FOR THE SUPREME COURT
( Produced and Translated by the Lawyer ‘s Collective) Total Support for the Supreme Court of Justice. (Editorial on the ruling issued by the Colombian Supreme Court of Justice concerning the classifcation of political crime for demobilized paramilitaries.) Total Support for the Supreme Court of Justice José Alvear Restrepo Lawyers’ Collective Bogotá, Colombia Editorial July 27, 2007 In essence, the recent ruling issued by the Supreme Court of Justice may be summarized in that it establishes a clear difference between political crime and aggravated conspiracy to commit a crime (which has been the classification for paramilitarism since the criminal code was reformed in 2000 and penal classifications making express reference to the term “paramilitarism” were eliminated). In this respect, the current criminal code recognizes that conspiracy to commit a crime may not be equated with sedition (which is a political crime). Moreover, the ruling sustains this difference on merit arguments concerning the legal nature of these crimes as well as on forceful grounds relating to the constitution, legal jurisprudence, doctrine, and the theory of the crime itself. Insofar as Law 782 of 2002, which has allowed more than 30,000 paramilitaries to demobilize as well as has regulated the pardons and the closing of proceedings, the Criminal Court of the Supreme Court of Justice stated that this law may only be applied to political crimes and, as a result, may not applied to persons who have incurred in the conspiracy to commit a crime. With respect to Law 975 of 2005, known as the Law of Justice and Peace, the Court determined that this law may not be applied to political crimes, precisely because these crimes may be covered by the benefits envisaged in Law 782. In other words, it should be understood that paramilitaries involved in aggravated conspiracy to commit a crime may not pursue the application of Law 782 (since conspiracy to commit a crime is not one of the political crimes conceived in Law 782). In this regard, only persons who have committed political crimes may receive such benefits as amnesties, pardons, or asylums as well as be favored with the prohibition of extradition and the chance to aspire to public positions. Nonetheless, the Court also makes exceptions for crimes exceeding the concept and content of political crime in terms of both atrocity and barbarity. As is well known, the Constitutional Court stated that Article 71 of the Law of Justice and Peace was unconstitutional due to procedural defects. (This article established that paramilitaries incurred in the political crime of sedition.) In turn, this ruling made the paramilitaries demand to be treated as seditious, in application of the principle of criminal favorability, provided that the law was legally in force. The current Supreme Court ruling clearly establishes that this application is not possible due to the reasons already presented. It also sustains that judiciary officials should make use of the concept of exception of unconstitutionality on grounds of merit, which consists in not applying a law openly contrary to the Constitution. It should also be stressed the ruling lays out a long and extensive series of arguments demonstrating the need to guarantee the rights of the victims to truth, justice, and comprehensive reparation, in addition to effective access to justice and the investigation, trial, and punishment by the State of the responsible parties of the crimes so as to bring about the right to no impunity. This ruling by the Supreme Court of Justice reaffirms that such arguments as prescription (the finalization of the penal action or sentence due to time limits), non bis ibidem (no one may be tried two times for the same act), and legally settled matter, may not be put forward when concerning judicial decisions that have not complied with the rights of the victims or when apparent processes have been undertaken that have really only attempted to ensure impunity. The Court’s ruling also emphasizes the role that should be played by the judges insofar as their obligation to seriously investigate the crimes, prevent impunity, and try and punish the responsible parties. In other words, the ruling restores the role of guarantor that should fundamentally characterize judicial activity. In short, these are the central points contained in the ruling issued by the Criminal Court of the Supreme Court of Justice. Immensely rich both academically and legally, this ruling brings together historical, doctrinaire, legal, constitutional and jurisprudence-related aspects, which comprise the basis for its decision as well as conclusively demonstrate its solid support in all areas of argument. It should also be stressed it is correctly based on international human rights instruments, rulings issued by Inter-American Court, and provisions from the International Criminal Statute. In a timely fashion, the national courts assume the historical challenge of basing their decisions on international human rights law and international humanitarian law so as to strengthen and legitimize justice, a fundamental pillar for any democratic rule of law. With the president of Colombia leading the way, as always, the national government disqualified not only the ruling itself, but also the very Supreme Court of Justice, claiming the ruling did not contribute to peace. In addition to not being true and showing an unattractive side of the president, this disqualification meant the executive branch unduly interfered in the affairs of the judicial branch with the purpose affecting or attempting to affect the independence and impartiality presumably characterized in the latter. For their part, the paramilitary chiefs also reacted against the ruling and decided to suspend their sessions to provide testimony before the Justice and Peace Prosecutorial Units of the Attorney General’s Office until the government offers them a solution to their satisfaction. Without a doubt, this process with paramilitary organizations began poorly, continues poorly, and will not likely have a good ending. For instance, the testimony provided has not contributed to establishing the historical truth, even though the Constitutional Court established that testimony should provide the complete and veritable truth. Since this has evidently not occurred, it has meant that Colombian society and the victims feel they have been deceived. Truth provided in milimetric doses is not the truth as well as undermines the seriousness of said process. Moreover, the victims and their family members have been subjected to persecution and intimidation, for merely being present in the room where there is closed-circuit television access to these hearings (which far from constituting settings of regret and truth have turned into incredible justifications of the crimes and have degraded the memory of the victims). As if by magic, the victimizers turn themselves into victims and heroes, and turn the victims into the victimizers and delinquents. Returning to the government’s reaction to the ruling and contrary to the president’s opinion, the Court’s decision does indeed contribute to peace, inasmuch as it guarantees respect for and observance of the constitution as well as international instruments that protect human rights (without which it would be impossible to construct a real and lasting peace). Conversely, what does affect the path to peace is carrying out processes not abiding to the requirements of truth, justice, and comprehensive reparation, and instead paying homage to the criminals and treating the victims as if they were delinquents. What affects peace are processes based on fragile legal frameworks approved by a heavily paramilitarized congress that disregards the principles meant to sustain a constitutional rule of law (which should be oriented to the unrestrictive respect for human rights). What really affects society is impunity, and not the action against it. And, lastly, what provokes insecurity is disregard for the constitutional legal code by those who principally are obligated to comply with it, as opposed to the court rulings that attempt to bring the legal system into line with the constitutional legal code and international requirements regarding truth, justice, and comprehensive reparation. We want to express our support for the Supreme Court of Justice and we reject any accusation attempting to affect the highest tribunal of justice in Colombia. We call upon the Attorney General – as well as all judges from Colombia- to proceed to apply the parameters indicated in the Supreme Court ruling. We also call upon the government to proceed to revoke the pardons granted to those involved in the conspiracy to commit a crime. We also ask the government to pay heed to the ruling’s arguments and desist in its effort to classify paramilitaries as political delinquents. Conversely, we ask the government to search for solutions that effectively respond to the need to find a real and definitive peace based on the respect for the fundamental rights of all of society and where crime is not rewarded and deceit and impunity do not reign. -- http://www.colectivodeabogados.org Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
LIST OF COLOMBIAN CONGRESS MEMBERS WHO REFUSED TO LISTEN TO THE TESTIMONY OF THE VICTIMS
The following is the list of Colombian Congresspersons who refused to hear the moving testimonies of the victims of the armed conflict... They walked out when the victims started to talk. .....however, when the paramilitaries came to talk to Congress, all of them stayed.... MOV. AUTORIDADES INDIGENAS DE COLOMBIA A.I.C.O. 1 .- ESTACIO ERNESTO RAMIRO MOVIMIENTO ALAS EQUIPO COLOMBIA 1 .- BALLESTEROS BERNIER JORGE 2 .- SUAREZ MIRA OSCAR 3 .- VALENCIA DUQUE RAMON ANTONIO MOVIMIENTO ALIANZA SOCIAL INDIGENA 1 .- PIÑACUE ACHICUE JESUS MOVIMIENTO COLOMBIA VIVA 1 .- BLEL SAAD VICENTE 2 .- MERHEG MARUN HABIB MOVIMIENTO MIRA 1 .- MORENO PIRAQUIVE ALEXANDRA 2 .- VIRGUEZ PIRAQUIVE MANUEL ANTONIO PARTIDO CAMBIO RADICAL 1 .- CACERES LEAL JAVIER ENRIQUE 2 .- CELIS CARRILLO BERNABE 3 .- CHAR CHALJUB ARTURO 4 .- CHAR NAVAS DAVID 5 .- GUERRA DE LA ESPRIELLA ANTONIO DEL CRISTO 6 .- LONDOÑO ARCILA MARIO 7 .- MONTES ALVAREZ REGINALDO ENRIQUE 8 .- OLANO BECERRA PLINIO EDILBERTO 9 .- PINEDO VIDAL MIGUEL 10 .- QUINTERO VILLADA RUBEN DARIO 11 .- RESTREPO ESCOBAR JUAN CARLOS 12 .- RODRIGUEZ DE CASTELLANOS CLAUDIA YADIRA INES 13 .- TORRES RUEDA LUIS CARLOS 14 .- VARGAS LLERAS GERMAN PARTIDO COLOMBIA DEMOCRATICA 1 .- DE LA ESPRIELLA BURGOS MIGUEL ALFONSO 2 .- GARCIA ROMERO ALVARO ALFONSO 3 .- URIBE ESCOBAR MARIO PARTIDO CONSERVADOR COLOMBIANO 1 .- ANDRADE SERRANO HERNAN FRANCISCO 2 .- CEPEDA SARABIA EFRAIN JOSE 3 .- CORZO ROMAN JUAN MANUEL 4 .- DELGADO BLANDON UBEIMAR 5 .- DIAZ MATEUS IVAN 7 .- GERLEIN ECHEVERRIA ROBERTO 8 .- GOMEZ GALLO LUIS HUMBERTO 9 .- MANZUR ABDALA JULIO ALBERTO 10 .- MONTES MEDINA WILLIAM ALFONSO ---> He is in jail 11 .- PEDRAZA GUTIERREZ JORGE HERNANDO 12 .- RAMIREZ PINZON CIRO 13 .- SALAZAR CRUZ JOSE DARIO 14 .- VELASQUEZ ARROYAVE MANUEL RAMIRO 15 .- VILLAMIZAR AFANADOR ALIRIO 16 .- VILLEGAS VILLEGAS GERMAN 17 .- YEPES ALZATE OMAR PARTIDO CONVERGENCIA CIUDADANA 1 .- ACOSTA BENDEK GABRIEL 2 .- ARRIETA BUELVAS SAMUEL BENJAMIN 3 .- BARRIGA PEÑARANDA CARLOS EMIRO 4 .- GIL CASTILLO LUIS ALBERTO 5 .- MARTINEZ SINISTERRA JUAN CARLOS 6 .- REYES CARDENAS OSCAR JOSUE 7 .- ESPINDOLA NIÑO EDGAR PARTIDO LIBERAL COLOMBIANO 1 .- AGUIRRE MUÑOZ GERMAN ANTONIO 2.- GONZALEZ VILLA CARLOS JULIO PARTIDO SOCIAL DE UNIDAD NACIONAL (partido de la U) 1 .- ARENAS PARRA LUIS ELMER 2 .- BENEDETTI VILLANEDA ARMANDO 3 .- CARDENAS ORTIZ CARLOS 4 .- CLOPATOFSKY CHISAYS JAIRO 5 .- ENRIQUEZ ROSERO MANUEL 6 .- FERRO SOLANILLA CARLOS 7 .- GARCIA ORJUELA CARLOS ARMANDO 8 .- GUTIERREZ JARAMILLO ADRIANA 10 .- JATTIN CORRALES ZULEMA DEL CARMEN 11 .- ARIAS MORA RICARDO 12 .- MORA JARAMILLO MANUEL GUILLERMO 13 .- NAME CARDOZO JOSE DAVID 14 .- PIMIENTO BARRERA MAURICIO 15 .- TORRADO GARCIA EFRAIN 16 .- VISBAL MARTELO JORGE 17 .- ZUCARDI DE GARCIA PIEDAD Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net
URGENT ACTION IN SOLIDARITY WITH RESIDENTS OF PEACE COMMUNITY
Yesterday, July 30, 2007, the Police set up a checkpoint across from the entrance to San Josesito, the settlement established by members of the Peace Community of San Jose de Apartado when the Police established a Police station within San Jose. And Yair Jimenez, the public order chief for Antioquia, told the local news media that he was concerned that the government was not doing anything to tackle the topic of the legal status of the Peace Community, and that the call that he made was to enter the Peace Community. This he said was in response to a battle lasting more than half an hour between the Police and guerrillas, which took place on July 27 at 5:10 p.m. just 5 minutes away from San Josesito on the road between Apartado and San Jose. Distorting the truth, Jimenez said the battle had taken place just 100 meters out of San Josesito, when in fact it had occurred some 400-500 meters away. On July 28 at 3 p.m. at the place where Dairo had been murdered several days ago, five minutes out of Apartado and just 100 meters from a Police checkpoint, a man dressed in civilian clothes who carried a weapon stopped a public transportation vehicle and identified himself as a member of the Aguilas Negras paramilitary organization and said they were patrolling in the area and would continue to be there. This followed upon an incident of July 22, when two young men were stopped as they left San Jose for La Union by two men dressed as civilians who asked them for their identification cards (cedulas) and noted their personal information in a notebook. When the young men asked the two men who had stopped them for identification, the men responded by threatening to kill them. Please write to the following Colombian officials to urge them to remove the Police checkpoint from the entrance to San Josesito. The checkpoint places at great risk the lives of the people of San Josecito. And tell these officials the stigmatizing of the Peace Community must cease, as must the operations of paramilitary forces with the support of the Colombian Police and Army. It is totally unacceptable that the Government present the Peace Community , which has rejected the use of force altogether and is the victim of state-sponsored violence, as the cause of conflict and murders in the region. Tell the officials that the international community is watching carefully and expects the Colombian Government to live up to the commitments to protect and advance the interests of the Peace Community which the Inter-American Court and Colombia’s Constitutional Court have placed upon it PLEASE WRITE RESPECTFULLY TO THE FOLLOWING : IN THE US Your Senators and Representatives see our website www.colombiasupport.net US Embassy : Ambassador B@ state.gov IN COLOMBIA Liutenant Colonel Marco Tulio Avendano-Lara Police Comander Uraba comandeura@policia.gov.co Secretario de Gobierno de Antioquia Jorge Mejia-Martinez jmejiama@gobant.gov.co Vice-president Francisco Santos fsantos@presidencia.gov.co Vice-Minister of Defense Sergio Jaramillo-Caro serjara@mindefensa.gov.co Procuraduría General de la Nación Dr. Edgardo José Maya Villazón reygon@procuraduria.gov.co ; anticorrupcion@presidencia.gov.co Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net PLEASE BE GENEROUS! MAKE DONATIONS TO SUPPORT THE WORK WE DO http://colombiasupport.net/Donate/ . Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net ------ End of Forwarded Message
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