Background:
LUIS GABRIEL CALDAS LEON, 18 years old, identification number 79'821.730, from Bogota, Colombia, presented himself to the Colombian military as a conscientious objector in January of 1994. Refusing induction into the armed forces, he offered to serve in an alternative civil service position. The government denied him this option. Instead, through a military court martial, he was tried and sentenced as a deserter, regardless of the fact that he had never been incorporated into the army.
Since Saturday, June 10, 1995, LUIS GABRIEL CALDAS LEON has been imprisoned, where he is exposed to extreme physical conditions. Luis Gabriel, his mother and girlfriend recently have received death threats from undisclosed sources, presumably paramilitary death squads.
Luis Gabriel presently fears for his life. Luis Gabriel's CO beliefs stem from a position of non-violence.
ACTION NEEDED! PLEASE SEND LETTERS OR FAXED RESPONSES, MENTIONING IN ONE FORM OR ANOTHER, THE FOLLOWING POINTS:
1. Luis Gabriel had never joined the armed forces. Therefore, how can he be tried as a deserter?
2. Colombia voted in favor of the 1987 resolution E/CN.4/1987/L73, of the United Nations Human Rights Commission, recognizing conscientious objection as a universal human right and recommending that alternative service be provided as one option for COs.
3. Article 18 of the Constitution of Colombia states that "No one will be obliged to act against his or her conscience." The Constitutional Court of Colombia ruled, however, that military exigencies outweigh the rights of conscientious objectors.
4. Law #99 of 1993 allows conscripts to serve their military term performing an environmental (ecological) service. This service is directed by the Education and Environment Departments of the country. Luis Gabriel offered to do this service, but was denied this possibility.
5. The National Constitution establishes a legal protection, called Tutela, for persons who feel that their human rights are being violated. The Eighteenth Family Court in Bogota, however, denied Tutelas presented by the Human Rights Ombudsman of Colombia on behalf of Luis Gabriel. Upon his release from prison, should Luis Gabriel again refuse induction into the Colombian Armed Forces, he will run the risk of repeated 2 year prison sentences until he reaches the age of 28.
6) The United States government, having sponsored two resolutions at the United Nations Human Rights Commission and recognizing CO in its domestic legislation, has an obligation to inform the Colombian government and military that it dissaproves of the incarceration of COs, and their trial by courts-martial. The United States government has so far refused to take a proactive position in favor of Luis Gabriel and other conscientious objectors world wide.
7) The United States Department of State, in compliance with the International Covenant on Civil and Political Rights, which recognizes the right of conscientious objection, should denounce such treatment of COs in its annual Country Reports on Human Rights.
PLEASE SEND YOUR LETTERS OR FAXES TO:
Excelentisimo Senor Presidente de la Republica
ERNESTO SAMPER PIZANO
Palacio de Nariño
Carrera 8 #7-40
Santafe de Bogota, D.C.
COLOMBIA
Fax: (571) 286-7434
Mr. Alexander F. Watson
Assistant Secretary for Inter-American Affairs
Department of State
2201 C Street NW, Room 6263
Washington, DC 20037
Fax: 202-647-0791
Please forward to NISBCO copies of all letters sent ----
National Interreligious Service Board for Conscientious Objectors
1612 K St NW, Suite 1400
Washington DC USA 20006
email: nisbco@igc.apc.org