Interim Report - Report No 335, November 2004

Case No 1787 (Colombia) - Complaint date: 28-JUN-94 - Follow-up

Allegations: Murders and other acts of violence against trade union officials and members, and cases of anti-union dismissal

1. 680. The Committee last examined this case at its March 2004 meeting [see 333rd Report, paras. 388-464]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 18 December 2003, 13 and 19 July, 13 August and 10 September 2004; the World Federation of Trade Unions (WFTU) in communications dated 10 and 20 January, 19 March and 21 April 2004; and the Single Confederation of Workers of Colombia (CUT) in a communication dated 6 August 2004.
2. 681. The Government sent its observations in communications dated 10 February, 3, 25 and 29 March, 16 April, 3, 14 and 17 May, 18 June, 3 and 4 August, 9 and 10 September and 28 October 2004.
3. 682. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 683. At its March 2004 meeting, the Committee made the following recommendations on the allegations that were still pending, which for the most part referred to acts of violence against trade union members and acts of anti-union discrimination [see 333rd Report, para. 364]:
   • (a) While noting the Government’s extensive reply in which it provides information on a large number of allegations, the Committee expresses its deep concern and can only underline once again the extreme gravity of this case and deplores that 59 new allegations of murders of officials and members have been submitted, which, added to the 11 submitted in the previous examination of the case (see 331st Report of the Committee) make a total of 70 cases of murder in 2003. New allegations were also presented concerning one attempted abduction, three abductions, ten threats, two raids, two disappearances and six acts of violence. The Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights and, in particular, those relating to human life and personal safety, are fully respected and guaranteed.
   • (b) The Committee notes with interest the various security measures adopted for the benefit of trade unionists and trade unions at risk, and requests the Government to keep it informed of the protection measures and security schemes in force and those adopted in the future in respect of other unions and other Departments or regions. The Committee requests the Government to take particular account of those trade unions and regions to which it referred in the previous examination of the case, such as the health services and the Barrancabermeja Gas Company, as well as municipal administrations (municipality of Barrancabermeja) and department administrations (Departments of Valle del Cauca and Antioquia). The Committee requests the Government to provide information on all these matters.
   • (c) The Committee requests the Government to inform it whether the protection programme and the “Working Plan of the Inter-Institutional Commission for the Prevention of Violations and the Protection of Workers’ Rights” to which it had referred at previous examinations of this case is still functioning or has been replaced by new programmes or organs.
   • (d) The Committee requests the Government to continue to do everything in its power to institute investigations into all the acts of violence alleged up to June 2003, including those where it does not report that investigations or judicial proceedings have been instituted, as well as those mentioned in the section “New allegations” in the present report, and to continue to send its observations on the progress made in the investigations already begun on which the Government has sent its observations (Appendix II).
   • (e) The Committee strongly urges once again the Government to take the necessary measures to put an end to the intolerable situation of impunity and punish effectively all those responsible.
   • (f) With respect to the trade union status of certain victims contested by the Government, the Committee requests the complainant organizations to provide the necessary information concerning the victims listed in the previous and present examination of the case in order to clarify the situation.
   • (g) As regards those cases where the Government states that the data supplied by the complainants is insufficient to identify the Prosecutor’s Offices conducting the investigations, the Committee once again urges the complainant organizations to do everything in their power to provide the Government with the necessary information concerning the victims for whom the Government does not have sufficient data, listed in the 331st Report as well as the present report, so that the Government can state whether investigations have been instituted into these allegations and what stage they have reached. In turn, the Committee requests the Government to continue to endeavour to send all available information concerning the allegations made.
   • (h) As regards the dispute between EMCALI and the union due to failure to comply with the agreement concluded on 29 January 2002, which generated protests which led to the arrest of certain union officials, the Committee requests the Government to keep it informed of developments and whether the persons concerned are still under arrest and to keep it informed about the situation.
   • (i) As regards the allegations submitted by the FECODE concerning threatening telephone calls, harassment by armed persons, public statements designating them as military targets, warnings to resign their union office, raids on their homes, warnings not to take part in union activities and numerous murders, the Committee requests the Government to send its observations on these matters without delay.

B. New allegations

1. 684. The complainant organizations present the following allegations:
   • Murders
2. (1) Uriel Ortiz Coronado, member of the Community Aqueduct and Drainage Enterprise Workers’ Union (SINTRAECAASA) of the municipality of Saravena, Arauca, on 22 July 2003.
3. (2) Wilson Rafael Pelufo Arroyo, member of the Milk Cooperative Workers’ Union (SINTRACOOLECHERA), on 21 September 2003, in Barranquilla.
4. (3) Ricardo Espejo, Treasurer of the Agricultural Workers’ Union of Tolima (SINTRAGRITOL), Cajamarca branch, on 11 November 2003.
5. (4) Marco Antonio Rodríguez, member of SINTRAGRITOL, on 11 November 2003.
6. (5) Germán Bernal, member of SINTRAGRITOL, on 11 November 2003.
7. (6) José Céspedes, member of SINTRAGRITOL, on 11 November 2003.
8. (7) José de Jesús Rojas Castañeda, member of the Trade Union Association of Municipal Teachers (ASEM), on 3 December 2003, in Barrancabermeja.
9. (8) Orlando Frías Parada, official of the Communications Workers’ Trade Union (USTC) on 9 December 2003, in the Department of Casanare;
10. (9) Severo Bastos, Deputy Treasurer of the Executive Committee of SINTRADIN, Arauca branch, on 14 December 2003, in the Department of North Santander.
11. (10) Ricardo Barragán Ortega, official of SINTRAEMCALI, on 17 January 2004.
12. (11) Alvaro Granados Rativa, Vice-President of the Bogotá branch of the Construction Industry and Materials Workers’ Union (SUTIMAC), on 8 February 2004, in Bogotá.
13. (12) Yesid Chicangana, member of ASOINCA, on 9 February 2004, in Santander de Quilichao.
14. (13) Yanet del Socorro Vélez Galeano, member of ADIDA, on 15 February 2004, in Remedios, Antioquia.
15. (14) Camilo Kike Azcárate, member of the Fat, Vegetable Oil and Oleaginous Products Workers’ National Trade Union (SINTRAGRACO), on 24 February 2004, in the municipality of Buga, Department of Valle.
16. (15) Carlos Raúl Ospina, official of the Union of Workers and Employees of Autonomous Public Services and Decentralized Institutes (SINTRAEMSDES), on 24 February 2004, in Tulúa, Department of Valle.
17. (16) Ernesto Rincón, member of SINDIMAESTROS-CUT, on 27 February 2004, in Boyacá.
18. (17) Luis José Torres Pérez, activist in ANTHOC, on 4 March 2004, in the Department of El Atlántico.
19. (18) Oscar Emilio Santiago, member of ANTHOC, on 5 March 2004, in Barranquilla.
20. (19) César Julio García, official of the Employees’ Association of the National Penitentiary and Prison Institute (ASEINPEC), on 13 March 2004.
21. (20) Rosa Mary Daza, member of ASOINCA, on 16 March 2004, in Bolívar.
22. (21) Hugo Palacios Alvis, member of SINDESENA, on 16 March 2004, in Since.
23. (22) Sandra Elizabeth Toledo Rubiano or Ana Isabel Toledo Rubiano, member of ASEDAR-FECODE, on 19 March 2004, in El Tame.
24. (23) Rafael Segundo Vergara, member of the Cartagena Taxi Drivers’ Trade Union (SINTRACONTAXCAR) on 21 March 2004, in Cartagena.
25. (24) Alexander Parra, member of SINDIMAESTROS-FECODE, on 28 March 2004, in Chiquinquirá, Department of Boyacá.
26. (25) Juan Javier Giraldo, member of ADIDA-FECODE, on 1 April 2004, in Medellín.
27. (26) José García, member of ASEDAR-FECODE, on 12 April 2004, in Arauca.
28. (27) Jorge Mario Giraldo Cardona, member of ASEDAR-FECODE, on 14 April 2004.
29. (28) Raúl Perea, in an attempt on the life of his brother Edgar Perea, Vice-President of SINTRAMETAL, on 14 April 2004.
30. (29) Carlos A. Chicaiza Betancourt, Secretary of the Assorted Services Enterprise Trade Union (SINTRAENSIRVA) on 16 April 2004, in Cali.
31. (30) Julio Vega, regional official of SINTRAINAGRO, by a group of paramilitaries and Colombian soldiers from the 5th Mobile Brigade Units, Counter-Insurgency Batallion No. 43 of the 18th Brigade, and the Narvas Pardo Batallion, together with 12 other residents of the communities of Flor Amarilla y Cravo Charo of the Department of Arauca, on 21 May 2004.
32. (31) Fabián Burbano, activist in USO, on 31 May 2004.
33. (32) Luis Alberto Toro Colorado, Treasurer of the National Union of Spinning and Textile Industry Workers (SINALTRADIHITEXCO), on 22 June 2004, in the municipality of Bello, Department of Antioquia.
34. (33) Hugo Fernando Castillo Sánchez and his wife Diana Ximena Zúñiga. Sánchez was an official of the Administrative Department of Security and at the time of his death was assigned to the protection of members of the Pacific Iron and Steel Enterprise Trade Union (SINTRAMETAL-YUMBO).
35. (34) Miguel Espinosa, former union official and founder member of the CUT, on 30 June 2004, in the district of La Pradera, Barranquilla, Department of El Atlántico.
36. (35) Camilo Borja, member of the USO, on 12 July 2004, in Barrancabermeja.
37. (36) Carmen Elisa Nova Hernández, Treasurer of the Santander Clinics and Hospitals Workers’ Union (SINTRACLINICAS), on 16 July 2004, in the district of Provenza, Bucaramanga, Department of Santander.
38. (37) Benedicto Caballero, Vice-President of the National Federation of Agricultural Cooperatives of Colombia (FENACOA), on 22 July 2004, in the municipality of Mesitas, Department of Cundinamarca.
39. (38) Héctor Alirio Martínez, President of the Agricultural trade Union and official of the National Association of Peasant Concession Holders (ANUC), accused of being a guerrilla fighter, on 5 August 2004, in Caserío Caño Seco, municipality of Fortul, Arauca.
40. (39) Leonel Goyeneche, Treasurer of the Arauca Executive Subcommittee of the CUT, accused of being a guerrilla fighter, on 5 August 2004, in Caserío Caño Seco, municipality of Fortul, Arauca.
41. (40) Jorge Prieto, President of the National Association of Workers’ and Employees in Hospitals and Clinics (ANTHOC), accused of being a guerrilla fighter, on 5 August 2004, in Caserío Caño Seco, municipality of Fortul, Arauca.
42. (41) Henry González López, member of the San Carlos Sugar Refinery Workers’ Union (SINTRASANCARLOS), on 5 August 2004, in Tulúa.
43. (42) Gerardo de Jesús Vélez, member of the San Carlos Sugar Refinery Workers’ Union (SINTRASANCARLOS), on 7 August 2004, in Tulúa.
    • Attacks, acts of aggression and other acts of violence
44. (1) Euclides Gómez, official of SINTRAINAGRO, on 31 July 2003, in Ciénaga.
45. (2) Yorman Rodríguez, member of FENSUAGRO-CUT, victim of attempted sexual aggression by members of the police, on 23 October 2003.
46. (3) Miguel Angel Bobadilla, Education Secretary of FENSUAGRO, on 19 November 2003.
47. (4) Explosive device at the headquarters of SINTRAEMCALI, on 6 February 2004.
48. (5) Berenice Celeyta, adviser to SINTRAEMCALI, on 6 February 2004.
49. (6) Attack on the headquarters of SINTRAINAL and theft of money and property, on 2 March 2004.
50. (7) Oscar Figueroa, official of SINTRAEMCALI, was followed on 23 February 2004.
51. (8) Edgar Perera Zúñiga, official of SINTRAMETAL, and his brother were attacked on 14 April 2004
52. (9) The following officials and union members were the victims of physical aggression during a demonstration on 1 May 2004: Edward Portilla, Treasurer of the CUT, Estiven García, activist in the Trade Union of Workers and Employees of the University of Valle (SINTRAUNICOL), Luis Hernando Rivera, member of the Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI), William Escobar, member of the Executive Committee of the CUT-Valle, Harold García, official of the National University of Palmira, Héctor Fabio Osorio, Secretary of the Trade Union of Hospitals and Clinics of the University of Valle (SINTRAHOSPICLINICAS), Eladio Domínguez, Executive Committee of the CUT-Valle, Rodrigo Escobar, member of SINTRAEMCALI, Ever Cuadros, member of the Valle Single Education Workers’ Trade Union (SUTEV), Gustavo Tacuma, member of SINTRAEMCALI, Carlos González, President of the National Union of Workers and Employees of the University of Valle (SINTRAUNICOL). [The allegations relating to the EMCALI enterprise were examined under Case No. 2356.]
53. (10) Two devices exploded and damaged the offices of SINTRAMINERCOL and SINDIMINTRABAJO on 2 May 2004.
54. (11) Luis Miguel Morantes, Secretary-General of the CTC, during a demonstration on 18 May 2004.
    • Threats
55. (1) José Moisés Luna Rondón, member of the Association of University Professors (ASPU), on 31 July 2003.
56. (2) David José Carranza Calle, son of Limberto Carranza, an official of SINTRAINAL, on 10 September 2003;
57. (3) José Luis Páez Romero and Carmelo José Pérez Rossi, respectively President and member of the National Union of Workers and Employees of the University of Colombia (SINTRAUNICOL) on 29 September 2003.
58. (4) José Onofre Luna, Alfonso Espinoza, Rogelio Sánchez and Freddy Ocoro, members of SINTRAINAL in Barrancabermeja, on 11 October 2003.
59. (5) Jimmi Rubio, official of the National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA).
60. (6) José Munera, President of SINTRAUNICOL, Antonio Florez, inter-union secretary, Luis Otalvaro, Secretary-General of the National Executive Board of SINTRAUNICOL, Elizabeth Montoya, Chairman of the Medellín Executive Subcommittee of SINTRAUNICOL and Norberto Moreno, activist, Bessi Pertuz, Vice-President of SINTRAUNICOL, Luis Ernesto Rodríguez, Chairman of the Bogotá Executive Subcommittee of SINTRAUNICOL, Alvaro Vélez, Chairman of the Montería Executive Subcommittee of SINTRAUNICOL, Mario José López Puerto, Treasurer of the National Executive Board of SINTRAUNICOL, Alvaro Villamizar, Chairman of the Santander Executive Subcommittee of SINTRAUNICOL, Eduardo Camacho and Pedro Galeano, activists of the Tolima Executive Subcommittee; Ana Milena Cobos official of the Fusagasugá Executive Subcommittee, Carlos González and Ariel Díaz, Treasurer and Human Rights Secretary of the Executive Subcommittee of the CUT-Valle were declared military objectives by the Self-Defence Units of Colombia on 27 November 2003.
61. (7) Gilberto Martínez, Carmen Torres, Alvaro Márquez, José Meriño and Angel Salas, members of the Executive Board of ANTHOC, on 13 January 2004, by the Self-Defence Units of Colombia.
62. (8) Officials of the CUT Risaralda were threatened by Group Commander Rigoberto Zárate Ospina of the Self-Defence Units of Colombia on 16 January 2004.
63. (9) Jesús Alfonso Naranjo and Mario Nel Mora Patiño, officials of ANTHOC, were declared military objectives by the Self-Defence Units of Colombia on 21 January 2004.
64. (10) Jaime Carrillo, Celedonio Jaimes and Francisco Rojas, officials of ASEDAR of the municipality of Arauca, on 28 January 2004.
65. (11) Roberto Vecino, official of the USO, on 7 February 2004.
66. (12) Domingo Tovar, Director of the Department of Human Rights of the CUT, is still receiving threats.
67. (13) Luis Hernández and Oscar Figueroa, respectively President and official of SINTRAEMCALI.
68. (14) Yasid Escobar, President of SINTRAMUNICIPIO, Bugalagrande branch, on 16 February 2004.
69. (15) Officials of SINTRAINAL have received threatening telephone calls for calling a strike at the Coca Cola plant.
70. (16) Officials of SINTRAINAL, Palmira branch, by the Self-Defence Units of Colombia, on 20 March 2004.
71. (17) Martha Cecilia Díaz Suárez, President of the Association of Departmental Workers (ASTDEMP), on 22 and 26 July 2004, in Bucaramanga, Department of Santander.
    • Arrests
72. (1) Alonso Campiño Bedoya, Vice-President of the CUT Saravena, William Jiménez, member of the Union of Workers of the Saravena Town Hall, Orlando Pérez, official of the CUT Saravena, Blanca Segura, President of the Educational Workers’ Union (SINTRAENAL), Fabio Gómez, member of the Construction Workers’ Union, Carlos Manuel Castro Pérez, member of the Union of Workers of the Saravena Town Hall, Eliseo Durán, member of the Construction Workers’ Union, and José López, member of the Saravena Hospital Workers’ Union, were arrested in the course of an operation conducted by members of the XVII Brigade and agents of the Public Prosecutors’ Office. According to the ICFTU, which lodged the relevant complaint, although some of those arrested were subsequently released others are still in prison.
73. (2) Noemí Quinayas and María Hermencia Samboni, activists of the National Association of Workers’ and Employees in Hospitals and Clinics (ANTHOC), were held without charge on 27 September 2003.
74. (3) Ruddy Robles Secretary-General of SINDEAGRICULTORES, Ney Medrano and Eliécer Flores, members, on 14 October 2003, apparently without a warrant for their arrest.
75. (4) Apolinar Herrera, Ney Medrano (SINDIAGRICULTORES), Policarpo Padilla, President of the Quindío Agricultural Workers Union, Calarcá branch, and more than 80 officials in the municipality of Cartagena del Chairán, including Víctor Oime of SINTRAGRIM, in November 2003.
76. (5) Perly Córdoba, President of the Peasants’ Association of Arauca (ACA) and Director of Human Rights of FENSUAGRO-CUT, and Juan de Jesús Gutiérrez Ardila, Treasurer of the ACA, on 18 February 2004; two of their bodyguards have disappeared and their defence lawyer has received numerous threats.
77. (6) Search of the private residence of Nubia Vega, official of the ACA, and arrest of her bodyguard, Víctor Enrique Amarillo.
78. (7) Fanine Reyes Reyes, member of the Executive Board of the Sucre Agricultural Workers’ Union (SINDEAGRICULTORES), on 3 July 2004.
79. (8) Nubia González, daughter of the former President of SINDEAGRICULTORES and national delegate of FENSUAGRO.
80. (9) Adolfo Tique, official of the Tolima Agricultural Workers’ Union, an affiliate of FENSUAGRO, was arrested by the army in the municipality of Dolores, Department of Tolima on 18 July 2004.
81. (10) Samuel Morales Flórez, President of the CUT Arauca, María Raquel Castro, member of the Arauca Educators’ Association (ASEDAR), María Constanza Jaimes Fernández, partner of Jorge Eduardo Prieto Chamusero, who was murdered on the same day.
82. (11) Jaime Duque Porras, arrested during a demonstration on 1 May 2004 by members of the Administrative Department of Security (DAS), and subsequently released.
    • Abductions and disappearances
83. (1) Víctor Jiménez Fruto, President of SINTRAGRICOLAS, Ponedera branch.
84. (2) David Vergara and Seth Cure, officials of SINTRAMIENERGETICA, on 29 September 2003.
85. (3) Luis Carlos Herrera Monsalve, Vice-President of the Association of Departmental Employees (ADEA) in Venecia, Department of Antioquia, on 17 March 2004.
    • Forced relocation
86. (1) Ariano León, Julio Arteaga, Pablo Vargas, Alirio Rincón and Rauberto Rodríguez, members of SINTRAPALMA, in November 2003.
87. (2) Alfredo Quesada, of SINTRAENERGETICA, forced under threat to leave Barranquilla.
    • Removal from the protection scheme
88. (1) Guillermo Rivera Zapata, official of SINTRAINAGRO.
89. (2) Euclides Manuel Gómez Ricardo, official of SINTRAINAGRO.
90. 685. The ICFTU submitted new allegations concerning, in particular, attempts to murder and threats against leaders and members of trade unions in a communication dated 10 September 2004.

C. Further replies from the Government

1. 686. In its communications dated 10 February, 3, 25 and 29 March, 16 April, 3, 14 and 17 May, 18 June and, 3 and 4 August 2004, the Government sent its observations on the allegations presented, pointing out that the reason that, with respect to certain accusations, it has replied that no penal investigation was under way is because they are couched in fairly general terms, in some cases without indicating either the place or the exact date when the events are said to have occurred. As a result it has proved impossible to identify the Prosecutor’s Office concerned. Similarly, it can happen that not even a preliminary investigation has been initiated, simply because the act of violence has never been reported or because it never took place. When verifying an event, the Office of the Coordinator of Human Rights of the Ministry of Social Welfare is constantly in contact with all the trade union organizations, so as to clear up any doubts or concerns about the event or about the trade union status of the victim of the violence. Regarding the protection of union officials and members, the Government provides information on those persons who at the time of the aggression were covered by the protection programme run by the Directorate of Human Rights (DDHH) of the Ministry of the Interior and Justice, and on those persons and organizations currently protected under the said programme.
   • Eighty new allegations
2. 687. Concerning the 80 new allegations, the Government reports as follows:
3. 62 homicides: 51 at the preliminary stage and active, one at the preliminary stage and inhibitory, four at the proceedings stage (with union members and/or persons in custody), three at the trial stage (there have been actual convictions, and persons are in custody); three where there is no investigation, in one case because the attack failed and the person is alive, in another because the person concerned is alive and never was the victim of an aggression, and in the third because the complaint was duplicated and therefore should not be taken into account.
4. 688. The Government states that ten of these 62 homicides are known not to have been acts of violence against union officials or members; in other words, the complaints do not relate to people with whom the Committee’s analysis is concerned. Moreover, five of the 62 homicides occurred not because of the trade union activities of the victim but for quite unrelated reasons.
   • two attempted abductions: at the preliminary stage (one attempt was not directed specifically at a union member).
   • nine threats: six at the preliminary stage and active (one was not directed at a union member); in three cases the investigation is not being pursued for lack of information about the complaint.
   • two raids: one institution of judicial proceedings; one inhibitory.
   • two disappearances: one investigation not being pursued for lack of information about the complaint; one duplicated complaint.
   • six acts of violence: three at the preliminary stage; two at the trial stage (one not committed for trade union reasons); one investigation not being pursued for lack of information about the complaint.
5. 34 allegations (see Appendix I).
6. 23 homicides: four at the preliminary stage and active (one not committed against a union member); three suspended; one inhibitory; two trial (prosecuted); 13 investigation not being pursued for lack of information about the complaint.
   • two abductions: at the preliminary stage and active; one investigation not being pursued for lack of information about the complaint.
   • two attempted homicides: two investigations not being pursued for lack of information about the complaint.
   • seven death threats: one at the preliminary stage and active; six investigations not being pursued for lack of information about the complaint.
   • Total: 114 complaints
7. 689. The Government’s reply on each of the cases listed in the 333rd Report of the Committee on Freedom of Association, in the exact order that each of the allegations was presented by the complainant organizations, is given below.
   • Observations relating to the allegations listed in the section “New allegations” in the 333rd Report of the Committee
   • Murders
8. (1) Jamil Mosquera Cuestas, member of the Antioquia Teachers’ Association (ADIDA), in Antioquia, on 11 January 2003.
   • The Government received the complaint and, in order to inform the Committee of the facts and the stage the proceedings have reached within the investigation, contacted the Public Prosecutor’s Office – Human Rights National Unit and National Directorate of Prosecutor’s Offices – through the Office of Human Rights of the Ministry of Social Welfare. The Public Prosecutor’s Office informed it that the investigation into the murder of Jamil Mosquera Cuestas is being pursued under File No. 650.680 by Prosecutor’s Office No. 11, Medellín branch, Life Unit, and is at the preliminary stage and currently active. The Antioquia Teachers’ Association (ADIDA) in Medellín (Sra. Sonia Arboleda) stated that Jamil Mosquera was a member of that trade union organization.
   • Jamil Mosquera was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
9. (2) Luis Hernando Caicedo, member of the Arauca Educators’ Association (ASEDAR), in the municipality of Yumbo, Department of Valle del Cauca, on 23 January 2003.
   • Luis Hernando Caicedo León, a member of UNIMOTOR (not ASEDAR) was murdered on 24 January 2003 (not on 23 January as stated in the complaint). An investigation into the incident is being pursued by Prosecutor’s Office No. 22, Cali Branch Directorate of Prosecutor’s Offices, through its unit responsible for life, physical integrity and other matters, under File No. 542175, and is at the preliminary stage and currently active. The report of this authority does not indicate that the victim belonged to any trade union organization, though the trade union itself asserts that he was. The motives have not yet been established, but it is known that at the time of his death he was driving a local bus in Aguablanca District, Valle del Cauca.
   • Luis Hernando Caicedo was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
10. (3) Luis Antonio Romo Rada, member of the Ciénaga Fishermen’s Union, in Ciénaga, Santa Marta, on 8 February 2003.
    • The Government received the complaint and passed it on to the Public Prosecutor’s Office, which on 2 May replied that a preliminary investigation is being pursued into the crime, under File No. 6960, by Prosecutor’s Office No. 22, Ciénaga branch, Santa Marta Branch Directorate of Prosecutor’s Offices, and that it is currently active. The body responsible for the investigation states that the file does not indicate that Romo Rada belonged to any trade union; on the contrary, there is strong evidence that he was a member of the ELN.
    • Luis Antonio Romo Rada was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
11. (4) Bertha Nelly Awazacko Reyes, member of the Boyacá Teachers’ Union (SINDIMAESTROS), in Tunja, Boyacá, on 24 February 2003.
    • The Government received the complaint and passed it on to the Public Prosecutor’s Office. An investigation into the crime is being pursued by Prosecutor’s Office No. 24, Chiquinquirá branch, under File No. 550, and judicial proceeding have been instituted. As regards the motives, it is known that the murder was not connected with the victim’s union activities but was for personal reasons, as she had reported the rape of a minor – one of her pupil’s at the college where she worked – who had been aggressed and raped by her stepfather. Bertha Nelly informed the authorities of the incident and the minor’s aggressors killed her for vengeance in Boyacá (not Tunja). She was a member of the Boyacá Teachers’ Union but not an official.
    • Berta Nelly Awazacko was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
12. (5) Alejandro Torres, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Arauquita, Department of Arauca, on 20 March 2003.
    • It is known that persons presumed to be paramilitaries executed Dr. Alejandro Torres, a member of ANTHOC working at San Lorenzo hospital, in Arauquita (rehabilitation and consolidation area), in the Department of Arauca.
    • The Government received the complaint and passed it on to the Public Prosecutor’s Office, which stated that an investigation is being pursued into the 13 March 2003 crime committed against Alejandro Torres Villareal, a doctor at San Lorenzo de Arauquita hospital, by Specialized Prosecutor’s Office No. 2 through the Bogotá branch of the National Abduction Unit (UNS), under File No. 145. In connection with the crime, which was reported by Luz Mirella Quintero Trujillo, Miguel Angel Araque Flórez has been charged with abduction for purposes of extortion, as a result of which the victim died while in captivity. The investigation is at the trial stage, at the Single Specialized Court of Arauca, located in Bogotá. Angel Araque Gelves (currently in detention) has been charged with the crime.
    • Alejandro Torres was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
13. (6) José Rubiel Betancourt Ospina, member of Caldas United Teachers’ Union (EDUCAL, in Samana, Department of Caldas), on 26 March 2003.
    • The incident occurred in Delgaditas, Fresno, Tolima, not in Samana, Caldas. The investigation is being conducted by Specialized Prosecutor’s Office No. 3 of Ibagué, under File No. 107974, and is at the trial stage. Two of those responsible are currently being held; they have confessed that they killed José Rubiel Betancourt in order to steal his motorcycle. It is therefore known that the motive was not connected with his trade union activities but with the theft of a motorcycle. According to the Public Prosecutor’s Office, José Rubiel was a teacher. The file does not indicate that he was a member of any trade union, but the President of EDUCAL, Hernán Patiño, maintains that he was.
    • Edwin Narciso Molina Arias was charged with the crime on 13 November 2003.
    • Mr. Betancourt Ospina was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
14. (7) Cecilia Salas, member of the Valle Department Workers’ Union, in Buenaventura, Department of Valle, on 7 April 2003.
    • The Ministry of Social Welfare contacted the Public Prosecutor’s Office and national police through the DDHH Office in order to obtain additional information on the incident. Ana Cecilia, who was 50 years old, worked as secretary of the Juan José Rendón teaching centre and was a member of the Valle del Cauca Workers’ Union (SINTRADEPARTAMENTO), was murder by men who shot her as she was leaving her residence. She was hit by three bullets, two of them in the head, and died on arrival at the hospital. The murder took place on 8 April 2003 as she was leaving her house in the Brisas del Mar district.
    • According to the media, the police did not provide any details of the murderers, who witnesses said were on a motorcycle. Secret agents of the 7th police district are investigating the possibility that the secretary’s death is connected with her trade union activities in the port.
    • The investigation is being conducted by Prosecutor’s Office No. 39, Buenaventura branch, under File No. 8747, and is at the preliminary stage and active (motives as yet unknown); however, the Public Prosecutor’s Office stated in May 2004 that the investigation is now being pursued by a different authority, the Buga branch of Office No. 39, under File No. 78012, and is at the preliminary stage and active.
    • Ms. Cecilia Salas was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
15. (8) Evelio Germán Salcedo Taticuán, official of the (FECODE), on 7 April 2003.
    • At the request of the Government, the Public Prosecutor’s Office provided the following information on the incident. Victim: Evelio Germán Salcedo Taticuán. Crime: homicide. Date and place of the incident: 7 April 2003, in the municipality of Puerres, Nariño. File No. 941. Investigating authority: Prosecutor’s Office No. 25, Ipiales branch. Stage of proceedings: preliminary, active. Motives: to be established.” He was a teacher, but the file does not indicate that he was ever a member of any trade union. The Prosecutor of the Nariño Teachers’ Union (SIMANA), Pedro Leiton, confirmed that Mr. Taticuán was not a union member.
    • Salcedo Taticuán was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
16. (9) Luz Stella Calderón Raigoza, member of EDUCAL, in Samana, Department of Caldas, on 8 April 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation of being conducted by the Single Prosecutor’s Office, Pensilvania branch, Caldas, under File No. 1893, and is at the preliminary stage. The motives have yet to be established. According to the file, Ms. Calderón was a teacher, but there is no indication that she was a member of any trade union, however, the President of EDUCAL, Hernán Patiño, maintains that she was a member of that organization.
    • Ms. Calderón was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
17. (10) Tito Livio Ordóñez, member of the Union of the Workers of the National University of Colombia, in Cocomá, Antioquia, on 16 April 2003.
    • Under the name of Tito Libio Hernández Ordóñez, the Public Prosecutor’s consolidated investigation system refers to an incident that occurred on 16 February 2002 in Pasto Nariño. The information collected is set out below, and it is suggested that the complainants be asked for further details in order to corroborate or disprove the findings:
    • File No.Branch:Prosecutor’s Office No.:Stage of proceedings: 51227Pasto4preliminary
18. (11) Luz Elena Zapata Cifuentes, member of EDUCAL, in Anserma, Caldas, on 25 April 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation of being conducted by the Prosecutor’s Office, Viterbo branch, Caldas, under File No. 6410, and is at the preliminary stage and active. The motives have yet to be established. According to the file, Ms. Zapata was a teacher, but there is no indication that she was a member of any trade union; however, the President of EDUCAL, Hernán Patiño, maintains that she was a member of that organization.
    • Ms. Zapata was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
19. (12) Ana Cecilia Duque, Ana Cecilia Duque, member of the Antioquia Teachers’ Association, in Cocomá, Antioquia, on 26 April 2003, by the ELN.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation of being conducted by Prosecutor’s Office No. 59, El Santuario branch, Antioquia, under File No. 4134, and is at the preliminary stage and active. According to the file, Ms. Duque was a teacher, but there is no indication that she was a member of any trade union. The precise motives for the crime have yet to be established, but it is known that it was on account of her refusal to accede to the extortion demands of the ELN; consequently, her death was not connected with her alleged trade union activities.
    • Ms. Duque was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
20. (13) Jorge Ruiz Sara, member of the Magdalena Teachers’ Union (EDUMAG-FECODE-CUT, in Barranquilla, Department of North Santander), on 29 April 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Prosecutor’s Office No. 39, El Barranquilla (Life Unit) branch, under File No. 155884, and is at the preliminary stage and active. The file does not indicate that he was ever a member of any trade union; however, the President of the trade union, Carolina Sánchez, asserts that Jorge Ruiz was a member of the organization at the time of his death, though he did not participate actively in union activities as he worked full-time as a teacher. The motives for the crime have yet to be established.
    • Mr. Ruiz Sara was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
21. (14) Juan de Jesús Gómez, President of the Mina branch of SINTRAINAGRO, in San Alberto, Department of César, on 1 May 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The Prosecutor’s Office states that Mr. Gómez was murdered in the municipality of San Alberto, Cesar, where the body was recovered by the police. The investigation was placed in the hands of Specialized Prosecutor’s Office No. 3 of Aguachica, under File No. 033-33, and is at the preliminary stage and active. Mr. Gómez was a union member of SINTRAINAGRO, César branch. At the request of the central authority, the investigation was subsequently taken over by the DDHH and DIH National Unit with headquarters in Bucaramanga, under File No. 1693; it is currently at the preliminary, collection of evidence stage.
22. On 7 May 2003, under Reference No. 002896, the Ministry of the Interior (protection programme) reported: “Regarding your request for information on any protection measures taken in respect of Juan de Jesús Gómez Prada (no identification), who you say was a member of the National Union of Farm Workers (SINTRAINAGRO) and President of the Minas branch, in the municipality of San Martín, César, please note that, after consulting our protection programme data bank of witness and persons under threat, no trace was found of any request by Mr. Gómez for protection.”
23. (15) Ramiro Manuel Sandoval Mercado, member of the Córdoba Teachers’ Association (ADEMACOR), in the municipality of Chimá, Department of Córdoba, on 7 May 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Chinú, DSF Montería, Department of Córdoba, branch of Prosecutor’s Office No. 22, under File No. 1471, and is at the preliminary stage. Mr. Sandoval was a teacher and member of the Córdoba Teachers’ Association (ADEMACOR); he was abducted in Tuchín, district of San Andrés, Córdoba, and found dead in Chimá on 7 May. He is known to have been a member of the indigenous leaders’ movement in San Andrés, as was confirmed by its President, Saúl Orozco Rollet.
    • Mr. Sandoval was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
24. (16) Omar Alexis Peña Cardona, member of the North Santander Teachers’ Association (ASINORT), in Cúcuta, North Santander, on 7 May 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the branch Directorate of Prosecutor’s Offices of Cúcuta, under the responsibility of the branch Prosecutor’s Office (Homicide Brigade) of Cúcuta, under File No. 9346, and is at the preliminary, collection-of-evidence stage. The report on the investigation does not indicate that Mr. Peña was ever a member of any trade union, and the President of ASINORT, North Santander branch, Myriam Tamara, confirmed that he was a teacher in Cúcuta but not a union member.
    • Mr. Peña was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
25. (17) Jorge Eliécer Moreno Cardona, member of EDUCAL, on 8 May 2003, in Supia, Department of Caldas.
    • The Government reiterates the need for the complainant organizations to provide accurate information on the incidents reported and not to present events or situations which are not borne out by the facts or which differ from what actually occurred. The incident involving Jorge Eliécer Moreno is a case in point. In the 333rd Report this was presented as a homicide, whereas in fact it was merely an attempt on his life, since the union member is still alive. The information obtained by the DDHH Office of the Ministry of Social Welfare is as follows: “The Vice-President of EDUCAL, Rubio Ariel Osorio, has stated that Eliécer Moreno Cardona is Director of the Supía Technical Institute and a member of Caldas United Teachers’ Union (EDUCAL). In the early hours of the morning on 8 May 2003, he was the victim of an attempt on his life in the municipality of Supía, where he received nine bullet wounds that left him seriously injured and close to death. Because of the constant harassment, aggression and threats to which he was subjected, he could not be provided with the necessary protection or a safe working environment. A study by INTERPOL indicated that he was at great risk. His daughter was obliged to leave the university where she was in her third semester.
    • Prosecutor’s Office No. 14 reports that the investigation into this (attempted) aggravated homicide is being conducted by its branch office No. 2 in Caldas, which in charge of two judicial proceedings: criminal charges, and aggravating circumstances. The branch unit of Riosucio informed the DDHH Office of the Ministry of Social Welfare on 15 August 2003 that the preliminary investigation under File No. 4131 into the attempted murder of Jorge Eliécer Moreno Cardona, for motives to be established, has produced the following evidence. Police criminal report No. 193, of 8 May 2003. Request No. 30-50 for warrant to raid the premises located in Avenue 6, Supía, in order search for weapons, persons and evidence connected with the event; the raid took place on 9 May 2003, with a negative outcome. Statements by Mario Grajales Muñoz, Arriyoni Bermeo Joven, Diana María Cifuentes Areiza, María Arnoly Ladino Moreno, Duvan Palacio Castañeda and Luis Horacio Bonilla Parra, and deposition by the victim, Jorge Eliécer Moreno Cardona. Evidence also included working report No. 074, dated 27 May 2003, of the CTI of the Riosucio Prosecutor’s Office, the report of forensic tests carried out on the victim, and working report No. 173, dated 30 June 2003, sent to the GAULA of Manizales. The investigation is currently at the preliminary stage, but evidence is still being sought to clarify the events and identify the perpetrators.
    • Mr. Moreno Cardona was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past. However, following requests from the trade union presented in 2004, the Risk Assessment and Control Committee (CRER) of the protection programme examined this case at a CRER meeting on Wednesday 21 April 2004, at which it was decided to set up an official committee of CRER members to conduct a detailed investigation of the status of this union member in Manizales itself, together with officials of EDUCAL. The committee is to be composed of public servants and representatives of the Single Confederation of Workers of Colombia (CUT), who will assess and analyse the immediate desirability of approving and implementing security measures for Mr. Moreno. The mission to Manizales is scheduled for the first week of May, and the Government will inform the Committee of the outcome.
26. (18) Nelson López, Willmer Vergara y Jorge Vásquez, Nelson López, Willmer Vergara and Jorge Vásquez, members of EMCALI, at the Puerto Malarino Drinking Water Treatment Plant, in Cali, Valle del Cauca, on 8 May 2003.
    • The Government reiterates the need and desirability of the Committee taking account in its reports of the replies that it sends at the request of the International Labour Standards Department between one session of the Government Body and the next. The triple homicide of these members of SINTRAEMCALI is a case in point. The Government sent its observations in communication DH 232 dated 2 July 2003, in response to communication TUR-1-14-51 of 30 May 2003 sent by the International Labour Standards Department; yet the same request appears in the 333rd Report of the Committee.
    • The Government’s reply can be summarised as follows:
    • Incident:Date:Time:Unit:Location:Municipality:Department:Investigating authority:Purpose:Modality:Outcome: bombing of the EMCALI water treatment plant, Puerto Mallarino district, Cali8 May 200323h50Mecalcorner of 15th Avenue and 56th Street, Puerto Mallarino district, on the premises of the EMCALI water treatment plantCaliValle del CaucaMecal Sipolcollection of evidenceexplosiondeath of three company workers
    • Description of events: at approximately 21.00, police patrol 7-1 from the Alfonso López police station, composed of Superintendent Walther Ramírez and second lieutenant Jesús Montenegro Montiel, in compliance with their standing orders to check the water treatment plants of the Cali municipal companies, asked the security guard at the main entrance to allow them to enter and check the premises on the inside. In reply, the company’s security guard told them that they were not allowed to enter and that they would therefore have to check from the outside only. The police tried to insist and asked the guard whether there was any problem, meanwhile noting that some ten people were gathered together inside the plant. The guard, however, said that everything was normal and that there was no problem.
    • At about 11.30 p.m. the police patrol covering the treatment plant, which had asked for permission to enter two hours before, heard a powerful explosion from behind the main entrance, where they arrived some three minutes later. On their arrival they carried out an initial search and investigation, questioning a number of passers-by who were there at the time. The latter said that prior to the explosion they had not noticed any suspicious or unusual people or vehicles in the area, other than the guard who work for the company and a taxi which had entered the premises a few minutes before and then left. Meanwhile, another patrol which had arrived on the spot conducted a preliminary inspection of the site and found two persons who had been killed in the explosion, one of them with mutilated arms and head, and a third person who was seriously injured, with burns on much of his body. The injured man was immediately sent by ambulance to the University Hospital, where he died a few hours later from his wounds. When asked if he could identify the dead bodies, the guard who had been on duty at the main gate at first said that he could only recognise the man who had been injured, and whom he identified as Wilmer Hernán Vergara, the owner of the taxi referred to above. He added that he had seen him enter in the same taxi, deposit what looked like a television set in the area where the explosion had occurred and return to the gate, where a taxi was parked. According to the guard, Vergara returned on a motorcycle to the place of the explosion.
    • Subsequently, the police were able to identify the victims of the explosion as Nelson López Ayala (identity card No. 6.318.141) from Guacarí, Jorge Eliécer Vasquez Cabrera (no identity card found) and the aforementioned Wilmer Hernán Vergara.
    • Activities of the judicial police
    • To investigate the incident at the Puerto Mallarino water treatment plant, explosives experts were sent to carry out the necessary technical investigation. They reported the following facts.
    • On arrival at the water treatment plant they found in the power station two dead bodies and one injured person who was evacuated and later died. All three had suffered characteristic injuries (mutilation, dismembering, burns) which indicated that they had been very close to the point of explosion. They also found a trail of blood on the roof of the internal part of the building, running from the site of the explosion to the edge of a girder on the right-hand side. They noted that they did not find any crater in the ground, which leads them to believe that the explosive device was at a certain height, for example on a table, chair, etc. They carried out a visual and physical search of the area, where they found and bagged pieces of evidence that could help clarify the incident. These they described as follows:
    • “A yellowy-green powdery substance was found on the inside face of the column where the explosions took place.”
    • “A grey substance was collected in cotton wool from the left face of the column (viewed from the front of the building).”
    • “A damp powdery substance, scattered on the floor all over the area, was collected from the ground to the rear of the column (viewed from the front of the building).”
    • “On the ground to the left of the column (viewed from the front of the building) the remains of a device was collected which was still burning at the time of arrival and continued to do so for about 20-30 minutes.”
    • “A cardboard roll wrapped in aluminium foil was found on the ground inside the building about one metre from the column where the explosion took place.”
    • “To the left of item 04 a (burnt) green cardboard packet was found with the following inscription in white: Reynolds 16 metres.”
    • “Near the point of explosion and all over the area a large number of pieces of metal were found (screws and nuts of various sizes and type, identical pellets 2.7 cms in diameter and weighing 220-250 grams).”
    • “A piece of material apparently belonging to the clothing of one of the bodies was found on the left face of the column (viewed from the front of the building) where it meets the roof.”
    • “Bits of clothing (socks, shirt) were found on the body to the right of the building (viewed from the front).”
    • The report states that items marked 01, 02, 03, 04, 09 and 10 will be sent for chemical analysis to the central laboratory of the National Police in Bogotá, to determine their type and composition and whether they could be used in the manufacture of explosives; items 05, 06, 07 and 08 will be placed at the disposal of the Prosecutor’s Office responsible for the investigation.
    • The investigation identified the sentry boxes assigned to each guard and established that on the day concerned the post situated at the main entrance 200 metres from the explosion was guarded by Wilmer Hernán Vergara, a post 500 metres from the explosion was guarded by Jorge Eliécer Vasquez Cabrera, and the post located in the electricity substation where the explosion took place was guarded by Nelson López Ayala.
    • These are key security posts, which means the guards are not allowed to go from one post to another, and even less to leave their own posts unattended and meet in one sentry box.
    • According to the report of the Cali metropolitan police (Colonel Oscar Naranjo), and the report and conclusions of the experts who visited the location of the incident that night: “The inhabitants and neighbours of the district did not see any strangers or non-locals in the vicinity of the EMCALI water treatment plant; according to the chief of security, at that time of night there should have been no staff in the electricity substation as it is a restricted area. And yet the three people were there. Moreover, given the information that a television set had been brought in by the late Mr. Vergara, minutes before the explosion that cost him his life, the investigators asked how easy it was for the guards to use a television in their sentry box. We were told that it was quite impossible. Besides, our explosives experts found no trace of any pieces of a television set. Asked whether pellets, screws, nuts and Reynolds paper were normally used in the treatment plant, several members of the staff said that they were not used either for security work or in the actual operation of the electricity substation. It was concluded from the experts’ analysis that the device that exploded was inside the plant where the electricity substation was located, an area where no staff other than maintenance technicians and engineers were allowed, and which should not have been open at the time because it was an emergency substation that was only opened occasionally for maintenance purposes.”
    • In a telephone conversation on 1 May 2003, the Commander of the Cali metropolitan police, Colonel Naranjo, stated that the intelligence report and that of the police explosives experts suggested that the dead trade union members were manipulating explosive substances (sulphur and potassium chloride on their clothes and bodies) which were used for their well-known “exploding potatoes” or papas explosivas (well known because they were the explosives that union members used in demonstrations and marches to intimidate people and the authorities), especially since Reynolds aluminium foil, which is used to pack the papas explosivas, was also found in the area. The Colonel added that a fourth person who was apparently in the area had escaped unharmed but was currently in hiding and being sought by the authorities.
    • Conclusion: it would seem obvious that the incident was not an attempted attack against trade union officials but rather the result of the manipulation of explosives inside the plant by the victims themselves.
    • In communication No. 1141 of 19 May 2003, the Prosecutor’s Office stated that the incident that occurred in Cali on 8 May 2003 was being investigated by Specialized Prosecutor’s Office No. 10 of Cali, under File No. 564069, and that the investigation was at the preliminary (collection of evidence) stage. The added that the explosion had damaged the electricity plant that feeds the water treatment plant of Puerto Mallarino, located at the junction of 76th Street and 15th Avenue to the north-east of Cali.
27. (19) Victoria Sterling and Héctor Jaimes, union membership not specified, in Garzón, Department of Huila, on 11 May 2003.
    • According to the report of the Branch Directorate of Prosecutor’s Offices of Neiva, the victim’s name is Héctor Jaimes Victoria Sterling, i.e. only one person. The investigation into the homicide, which took place in the municipality of Tarqui (not Garzón, Huila) on 12 May 2003, is being conducted by the Minors Tribunal.
    • File No.:Branch:Investigating authority:Charged: 2003-00111-00 (2265)Garzón, Huila First municipal family judgeJuan Pablo Santofimio Bermeo and Isaac Naranjo Artunduaga
28. (20) Luis Oñate Enriquez, member of the Electricity Workers’ Union of Colombia (SINTRAELECOL), in the Department of Atlántico, on 24 May 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Prosecutor’s Office No. 9, URI branch, under File No. IPS 956, and is at the preliminary stage. The report does not indicate that the victim was a member of any trade union, and it is believed that the motives were not connected with any trade union activity. However, the Prosecutor of the National Executive Board of SINTRAELECOL states that Mr. Oñate was a member of the Atlántico branch of that organization, and the Government is therefore treating the complaint as an attack that was presumably made on account of the victim’s trade union activities. At this point no decision has been reached one way or the other by the investigating authority.
    • Mr. Oñate was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
29. (21) María Rebeca López Garcés, member of the Antioquia Teachers’ Association (ADIDA), in Uramita, Department of Antioquia, on 29 May 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Branch Unit of Frontino, Antioquia, under File No. 2114, and is at the preliminary stage and active. Ms. Lopez is known to have been a teacher and a member of ADIDA; this was confirmed by the Vice-President of the Antioquia branch of ADIDA, Luis Alfonso Londoño.
    • Ms. López was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
30. (22) Nubia Cantor Jaimes, Nubia Cantor Jaimes, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Arauca, Department of Arauca, on 3 June 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Arauca, DSF Cúcuta, branch of Prosecutor’s Office No. 1, under File No. 59322, and is at the preliminary stage and active. The motives are unknown. Ms. Cantor Jaimes worked in the health field and was a member of ANTHOC; this was confirmed by the President of the Arauca branch of the organization, Jorge Prieto.
    • Ms. Cantor Jaimes was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
31. (23) Jorge Eliécer Suárez Sierra, member of the North Santander Teachers’ Association (ASINORT), in San José de Cúcuta, North Santander, on 8 June 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Homicide Brigade Branch of the Prosecutor’s Office of Cúcuta, North Santander, under File No. 59588, and is at the preliminary stage and active. The motives are unknown. Ms. Suárez Sierra was a member of the worked in the health field and was a member of the North Santander Teachers’ Association; this was confirmed by the branch President of the organization, Myriam Tamara.
    • Ms. Suárez Sierra was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past
32. (24) Luis H. Rolón, member of the Lottery and Gaming Vendors Union, in the Department of Cúcuta, North Santander, on 16 June 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Prosecutor’s Office No. 3, Life Unit Branch in Cúcuta, under File No. 60541, and is at the preliminary stage and active. Mr. Rolón is known to have been President of the trade union (established with juridical personality in 1988) two years ago; this was confirmed by the organization’s Treasurer, Bernardo Amaya.
    • Mr. Rolón was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
33. (25) Morelly Guillén, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in the Department of Arauca, municipality of Tame, on 16 June 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Single Branch of the Prosecutor’s Office in Tame, under File No. 63226. Subsequently, on 24 March 2004, The Prosecutor’s Office informed the DDHH Office of the Ministry of Social Welfare that the homicide is being investigated by the First Specialized Prosecutor’s Office of Arauca, under File No. 1025, and is at the preliminary (collection of evidence) stage and active. Ms. Guillén worked in the health field and was a member of ANTHOC; this was confirmed by the President of the Arauca branch of the organization, Jorge Prieto.
    • Ms. Guillén was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
34. (26) Orlando Fernández Toro, Union of Workers and Employees of Autonomous Public Services and Decentralized Institutes (SINTRAEMSDES), in Valledupar, Department of César, on 17 June 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Prosecutor’s Office, Life Unit Branch, in Valledupar, under File No. 265, and is at the preliminary stage and active. Mr. Fernández Toro was the Treasurer of SINTRAEMSDES, César branch, in the EMDUPAR enterprise; this was confirmed by the Vice-President of the branch, Alvaro Almendrales. In May 2004 the Prosecutor’s Office reported that the investigation is now being conducted by Specialized Prosecutor’s Office No. 5 of Valledupar, under File No. 154481, and is at the preliminary stage.
    • Mr. Fernández Toro was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
35. (27) Liliana Caicedo Pérez, member of the Nariño Teachers’ Union (SIMANA), in Ricaurte, Department of Nariño, on 19 June 2003, by paramilitaries.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation was initiated by the Municipal Mixed Tribunal of Ricaurte, which reported that the body was removed from the scene of the crime by the Ospina Pérez district police inspectorate. Following forensic tests, the investigation was immediately passed on to the Prosecutor’s Office, Túquerres branch, Nariño, as the competent authority. In November 2003 the Prosecutor’s Office informed the DDHH Office of the Ministry of Social Welfare that the investigation is now being conducted by Specialized Prosecutor’s Office No. 6 in Pasto, under File No. 81353, and is at the preliminary stage and active. Ms. Caicedo Pérez was a teacher and Rector of the Ospina Pérez College in Ospina Pérez district, in the municipality of Ricaurte, Nariño. As was confirmed by the President of the trade union, Marcela Aquiles, she had joined the organization two months before the incident.
    • Ms. Caicedo Pérez was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
36. (28) Fanny Toro Rincón, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Ibagüé, Department of Tolima, on 20 June 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Prosecutor’s Office No. 36, Frezno branch in Tolima, under File No. 126200, and is at the preliminary stage and active. Ms. Toro Rincón was a nurse at the Frezno hospital and was a non-militant member of the Ibagué branch of the trade union; this was confirmed by the President of the branch, Ricardo Barón.
    • Ms. Toro Rincón was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
37. (29) Pedro Germán Flórez, member of the Arauca Educators’ Association, in Saravena, Department of Arauca., on 4 July 2003
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Saravena, DSF Cúcuta, branch of the Single Prosecutor’s Office, under File No. 79892, and is at the investigation stage. A Mr. Norberto Estupiñán Otero (currently at liberty pending the determination of his juridical status) is involved in this case. The Prosecutor’s report does not indicate that Mr. Flórez was a member of any trade union. The motives are unknown but are being investigated. On the other hand, it is known that Mr. Flórez worked as Coordinator at the Rafael Pombo Bachillerato Industrial Technical College. At the time of the aggression he was fulfilling his duty as a teacher, when he was brutally dragged from the College and murdered a few blocks away by unknown assailants. The President of ASEDAR at the departmental level, Jaime Ernesto Carrillo, confirmed to the DDHH Office that Mr. Flórez was a member of the trade union.
    • Mr. Flórez was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
38. (30) Marco Tulio Díaz, President of the ECOPETROL National Pensioners’ Association (ASONAJUB), on 15 July 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the DDHH National Unit with headquarters in Cúcuta, North Santander, under File No. 1745, and is at the preliminary stage and active. Mr. Díaz Hernández was President of the ECOPETROL National Pensioners’ Association (ASONAJUB). The current President, Andrés Galvia, stated on 22 July 2003 that the Association was made up of pensioners and therefore did not engage in trade union activities and had no labour relations with the company. He also stated that Marco Tulio Díaz was 53 years old and was not known ever to have been threatened for personal or work reasons. The murder occurred when he went to his mother’s home in the Garden City of Cúcuta; a man was waiting for him, burst into the house and shot him twice. Mr. Marco Tulio Díaz had been Secretary-General and Treasurer of the Association and, at the time of his death, its President.
    • As he was not a union member, Mr. Díaz was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past
39. (31) José Evelio Bedoya Alvarez, José Evelio Bedoya Alvarez, member of the Construction Industry and Materials Workers’ Union (SUTIMAC), in the municipality of Santa Barbara, Department of Antioquia, on 15 July 2003
    • Mr. Bedoya worked at the El Cairo cement plant, was a member of a SUTIMAC, Santa Bárbara branch and a well-known militant within the trade union. He was in Santa Bárbara on his rest day, a few blocks from the union building, when a number of armed men shot him several times and killed him.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Specialized Prosecutor’s Office of Medellín, Antioquia, as the competent authority, under File No. 2296, and is at the preliminary stage and active. The motives are unknown but are being investigated.
    • Mr. Bedoya was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
40. (32) Alberto Márquez, member of SINTRAGRITOL, an affiliate of FENSUAGRO, in the municipality of Nantagaima, Department of Tolima, on 15 July 2003.
    • Unknown persons broke into Mr. Márquez’ house at around 1.30 p.m. and killed his bodyguard, Nelson Castiblanco Franco (an employee of DAS-Escolta); his daughter, who was wounded, escaped. He was an active member of the trade union in Natagaima, but left because of the threats he had received. According to Mr. Ever García, a member of the union’s executive board, he was able to return to Natagaima under police protection but was subsequently murdered. The President of SINTRAGRITOL, Josué Jesús Buriticá, confirmed that Mr. Márquez was a member of the organization at the time of his murder and that he was an agrarian and indigenous official and militant in the department of Tolima. He was a member of the Patriotic Union Party and of the Colombian Communist Party.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Specialized Prosecutor’s Office No. 3 of Ibagué, under File No. 129390, and is at the preliminary stage and active. The motives are as yet unknown.
    • Mr. Marquez was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
41. (33) Carlos Barreto Jiménez, member of the Executive Board of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Barranquilla, on 23 July 2003.
    • Mr. Carlos Barrero was an assistant nurse at Barranquilla Hospital. At 7.30 on the morning of 23 July 2003, Mr. Barrero was about to board a bus to go to work when he was accosted by two individuals on a motorcycle, one of whom shot him several times and killed him.
    • The Human Rights Office of the Ministry of Social Welfare contacted the National Police and the Public Prosecutor’s Officer for information on the circumstances in which the incident took place. In communication No. 1691 the police reported on the action it took at the time and place of the incident: “The police are currently trying to establish whether the motive behind the incident being investigated was that the victim had at one time been engaged in trade union activities as an official of ANTHOC, or whether on the contrary the incident was an isolated mugging by common delinquents. In a lengthy interview, the victim’s daughter, Elizabeth del Carmen Barrero Berdugo, stated that her father had gone out to collect his bonuses for June and that, as he had alcohol problems, he may have been spotted by one of the delinquents that regularly hang around the area where he was killed, or been killed for some other personal reason.”
    • The Public Prosecutor’s Office reported that the investigation into the homicide is being conducted by the National Unit for Human Rights and International Humanitarian Rights based in Barranquilla, under File No. 1724, and is in the preliminary stage and active.
    • At a Security Council meeting of the Atlántico provincial government on 25 July 2003, Police Commander Colonel Gamboa asserted that everything was being done to catch the perpetrators and that a reward of 10 million pesos was being offered for their capture. At the same meeting the Ministry of the Interior and Justice reported on the following precautionary measures which had been adopted with respect to the members of ANTHOC, Barranquilla:
    • Precautionary measures adopted in respect
    • of members of ANTHOC, Barranquilla
    • Edgar Púa Samper:
    • n By Decision No. 38 of September 2001 he was granted one month of humanitarian assistance and national air tickets to leave the danger area.
    • n By Decision No. 19 he was granted one month of humanitarian assistance. He is known to have returned to the danger area.
    • Tomás Ramos Quiroz:
    • n Has an Avantel radio.
    • n By Decision No. 38 he was issued national air tickets.
    • n Has personal protection, consisting of two men and a vehicle.
    • José Rafael Meriño Camelo:
    • n By Decision No. 38 he was granted one month of humanitarian assistance.
    • n By Decision No. 20 he was granted two months of humanitarian assistance. Currently in Barranquilla.
    • Measures in respect of the organization:
    • n By Decision No. 5 of 2001 a collective protection scheme was approved for members of the Executive board. The scheme is in operation.
    • n The installation of a safety perimeter around the headquarters was approved and ratified by Decision No. 16 of 2002; it was recently installed by FONADE.
42. (34) Juan Carlos Ramírez Rey, member of the Penitentiary and Prison Institute Employees’ Association (ASEINPEC), in Villavicencio, on 24 July 2003.
    • On his way to work from his residence, Juan Carlos Ramírez was accosted by hired killers who shot him several times, killing him instantly. According to the Executive Committee of the General Confederation of Democratic Workers (CGTD), the reasons behind the murder were connected with the complaints that the trade union organization had recently lodged regarding alleged irregularities and corruption within the penitentiary institution.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Villavicencio, Meta, DSF Villavicencio branch of Prosecutor’s Office No. 23, under File No. 100441, and is at the preliminary (collection of evidence) stage. The motives have yet to be established.
    • Mr. Ramírez Rey was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
43. (35) Elena Jiménez, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), on 9 August 2003, in Ocaña, Department of North Santander.
    • The Government received the complaint from the trade union and contacted the National Police and the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation.
    • Colonel Luis Alfonso Novoa of the National Police reported that at 10h45 on 10 August, two kilometres down the road from the municipality of Ocaña to the district of Palo Grande, the Public Prosecutor on duty and with units of the Ocaña CTI conducted the examination of the bodies of Victoria Elena Jaimes Vacca (not Elena Jiménez) (identity card No. 37.312.622, 45 years of age, widow, assistant nurse at the Emiro Quintero Cañizares hospital in Ocaña, member and secretary of the ANTHOC trade union of Ocaña), and of Yafride Carrillo Sanabria (identity card No. 88.285.790 of Ocaña, 23 years of age, farmer, resident of Los Pinos district of Ocaña), who had disappeared from the area 10 days before. The bodies revealed head wounds caused by a firearm; the aggressors are being sought. The incident occurred on 9 August 2003 at 11 p.m. at the location where the judicial examination was conducted.
    • The Prosecutor also reported that the investigation is being conducted by the Ocaña, DSF Cúcuta, North Santander, branch of Prosecutor’s Office No. 2, under File No. 75252, and is at the preliminary stage and active. The motives are as yet unknown.
    • According to a report from the Cúcuta branch of the Prosecutor’s Office, the names of the victims were Victoria Elena Jaimes Vacca, nurse, and Yafride Carrillo Sarabia, driver.
    • File No.:Branch:Investigating authority:Stage of proceedings: 75252Cúcuta, North SantanderProsecutor’s Office No. 2, Ocañapreliminary, collection of evidence
    • Ms. Jaimes Vacca was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
44. (36) Marleny Stella Toledo, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Puerto Rico, Department of Caquetá, on 9 August 2003.
    • The Government was informed of the incident, not as a homicide involving “Marleny Stella Toledo” but as an act of violence against Luz Stella Perdomo, member of ANTHOC, on 9 August 2003, in Puerto Rico Caquetá.
    • The National Association of Workers and Employees in Hospitals and Clinics (ANTHOC) informed the DDHH Office of the Ministry of Social Welfare that on 28 July 2003 an attempt had been made on the life of Luz Stella Perdomo (identity card No. 55.166.896 from Neiva) and her husband, José Darío Parra, who was killed. The attack occurred in Caquetá, a district of Puerto Rico. Until 9 August 2003 Luz Stella Perdomo had also been presumed killed, but she was discovered in the María Inmaculada de Florencia hospital in Caquetá on 13 August 2003. The police suggested that she be given immediate personal protection.
    • The Public Prosecutor’s Office reported that an investigation is being conducted, as follows:
    • File No.:Branch:Investigating authority:Stage of proceedings: 36571FlorenciaProsecutor’s Office No. 16 of Puerto Ricopreliminary, collection of evidence
    • Ms. Toledo was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request.
45. (37) Flor Marina Vargas, member of the Antioquia Teachers’ Association, in the La Pava district of the municipality of Alejandría, Department of Antioquia, on 19 August 2003.
    • Flor Marina Vargas was a teacher and social leader in the La Pave district of the municipality of Alejandría, Department of Antioquia. She worked for an NGO, “Corporación Coredi”, a project of the Colombia Plan aimed at recruiting institutions in order to extend educational coverage in the regions.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Cisneros branch of the Branch Directorate of Prosecutor’s Offices of Antioquia, under File No. 2978 and is at the preliminary (collection of evidence) stage. The motives have yet to be established. In the same incident Juan Pablo Pamplona Guarín died after having been dragged from a taxi with Ms. Vargas Valencia and shot. In May 2004 the Prosecutor’s Office reported that an inhibitory order had been issued on 18 February 2004 owing to the lack of information permitting the identification and location of the perpetrators (section 325 of the Criminal Procedures Code).
    • Ms. Vargas was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
46. (38) Cruz Freddy Buenaventura, Cruz Freddy Buenaventura, member of the Cauca Teachers’ Association (ASOINCA), on 21 August 2003 in the Department of Cauca.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Bolívar branch Single Prosecutor’s Office, Cauca, Branch Directorate of Popayán, under File No. 2186, and is at the preliminary stage and active.
    • The Bolívar branch Prosecutor’s Office, Cauca, reports that the army was stationed on the victim’s estate on the day of the incident and that certified copies of the investigation have been sent to the military penal tribunal on grounds of misappropriation of land, inter alia.
    • Andrés Alfonso Cárdenas, Vice-President of ASOINCA, certified before the DDHH Office of the Ministry of Social Welfare that Mr. Buenaventura was a member of the organization.
    • Mr. Buenaventura was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
47. (39) César Augusto Fonseca, member of the Atlántico Department Farm Workers’ Union (SINTRAGRICOLAS), in the municipality of Ponedera, Department of Atlántico, on 2 September 2003.
48. (40) José Rafael Fonseca, member of the Atlántico Department Farm Workers’ Union (SINTRAGRICOLAS), in the municipality of Ponedera, Department of Atlántico, on 2 September 2003.
49. (41) José Ramón Fonseca Morales, member of the Atlántico Department Farm Workers’ Union (SINTRAGRICOLAS in the municipality of Ponedera, Department of Atlántico, on 2 September 2003.
    • The Government’s reply to these three complaints is as follows:
    • Triple homicide, Fonseca Morales brothers,
50. 2 September 2003, Ponedera, Atlántico
    • The Quick Response Unit (URI) of the First Prosecutor’s Office in Barranquilla informed the Branch Directorate of Prosecutor’s Offices of the investigation cited above as follows : The incident being investigated concerns the presumed disappearance of three people (José Rafael Fonseca Morales, César Augusto Fonseca Morales and Ramón José Fonseca Cassiani) on Tuesday 2 September 2003 and the subsequent discovery of their bodies in a grave on the La Montaña estate in the district of Puerto Giraldo, municipality of Pondera, Atlántico. By decision of 15 September 2003, the Prosecutor’s Office ordered the initiation of proceedings against persons unknown and the collection of the following pieces of evidence:
51. 1. Judicial proceedings and topographer’s report of 18 September 2003 concerning the La Montañita, Las Torres, sector of the La Montaña estate; these were received on the same day.
52. 2. Sworn statement of Jaime Yimis Rodríguez Villarreal, foreman of the La Montaña estate.
53. 3. The findings of the forensic tests carried out on the victims by the Institute of Legal Medicine and Forensic Sciences; these have not yet been submitted by the Institute.
54. 4. Sworn statement of Lieutenant Colonel Jorge Eliécer Giraldo Arias; this has not yet been obtained, as this officer of the National Police has not so far been able to appear before the Prosecutor’s Office.
55. 5. On 19 September 2003 the URI of the First Prosecutor’s Office went to the Branch Prosecutor’s Office of the municipality of Santo Tomás to take the sworn statement of. José Vicente Fonseca Meza, father of the victims; a sworn statement was also taken from Teodoro José Ahumada Valencia, who works on the La Montaña estate, in the district of Puerto Giraldo, municipality of Pondera, Atlántico.
56. 6. The Prosecutor’s Office requested the Branch Prosecutor’s Office of the municipality of Sabanalarga, Atlántico, to hand over the file on the investigation initiated on 5 December 2000 concerning the death of Belisario Fonseca Morales (known as Sayito), a brother of the victims.
57. 7. The Technical Investigations Force (CTI), Cundinamarca, was given five days to make a judicial enquiry through the Traffic Inspectorate of the municipality of Calera, in order to determine the owner of a vehicle bearing number plate CRD-963, along with the background of the vehicle, which would appear to have transported the victims on the day of the incident.
58. 8. The National Civil Registrar was asked to produce the fingerprints of Johny Rafael Suárez Ibarra (identity card No. 8. 732.722 of Barranquilla, Atlántico) who would seem to have threatened the father of the victims because of a dispute over a piece of land he had inherited.
59. 9. On 26 September the Prosecutor went to the police station located in the municipality of Sabanagrande, Atlántico, to seek police support for a visit to the municipality of Santo Tomás, Ponedera, and the district of Puerto Giraldo, Atlántico, where he intended to take the sworn statements of Aristancho Bolaños, Carlos Nelly, Smith Vizcaino and retired employee Andrés Fuentes Simile, residents of Puerto Giraldo, who apparently witnessed the events. However, it proved impossible for the Prosecutor to take the depositions because at the time no vehicle was available to take him and the police could only provide an escort. He therefore enlisted the support of the local CTI unit in Santo Tomás, Atlántico, to which he handed over the relevant summonses so that, with the collaboration of the police inspector of Puerto Giraldo, the persons concerned could appear before the Prosecutor and make their sworn statements.”
    • The Prosecutor’s conclusions at this stage are as follows:
60. 1. By title Deed No. 1522 dated 27 December 1996 INCORA acquired 322 hectares of land known as Loma Arena Macondal, in the district of Santa Rita. Since then administrative proceedings have been under way to hand the land over to 71 peasant families under the agrarian reform scheme. The land was accordingly divided up on 26 September 2002. Because some of the land already had owners, and the adjudication involved people being relocated away from the plots that they had been used to working, this led to a number of disputes and aggravated the confrontation between previous owners and those who had been awarded new plots of land. This situation generated numerous incidents, which in turn resulted in complaints being lodged with the Prosecutor’s Office in Santo Tomás, where two investigations are currently under way: one, under File No. 2238, initiated on 3 June 2003, and another, under File No. 2866, initiated in September 2002. Another preliminary investigation is being conducted by Prosecutor’s Office No. 25 of this city, under File No. 152.803, following a complaint lodged by peasants against the inspector of Ponedera, apparently for having carried out a judicial inspection of the plots of land without resolving the peasants’ problem. Ordinary judicial proceedings are also under way in the municipality of Sabanalarga, among them File No. 0815 before the Second Mixed Circuit Tribunal.
61. 2. It should be pointed out that the murder victims found in a communal grave were not part of the group of peasants who were former or new owners of the Loma Arena land; in fact, their father had inherited a plot in Las Torres on another piece of land known as Blanquicet, which had apparently belonged to one Teodoro Ariza before being passed on to his sons and widow. The latter had been represented by Johny Suárez Ibarra, who for the past eight years has been disputing Mr. Fonseca’s ownership of the land, alleging that he had bought it from Teodoro Ariza’s widow.
62. 3. To sum up, there are two hypotheses as to the motives behind the horrendous triple murder: (a) the first has to do with the land ownership problem; (b) the second revolves around the alleged involvement of one of the victims, Fonseca Casiani, in the commission of crimes involving the theft of livestock in the area.
    • However, it is very difficult to make any progress in an investigation if there is no cooperation from ordinary citizens and no physical evidence of what happened. To make matters worse, the judicial procedure of removal of the bodies did not comply even with the most minimal rules provided for in criminal law and there is complete silence on the matter, apparently because the peasants in the area are afraid to talk.
    • These three peasants named Fonseca Morales were not union members known to have received threats in the past, and they were therefore not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice.
63. (42) Iván Muñiz Bermúdez, member of the Guajira Teachers’ Association (ASODEGUA), in Guajira, Department of Riohacha, on 9 September 2003.
    • The Government received the complaint from the trade union and contacted the National Police and the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by the Life Unit Branch of Prosecutor’s Office No. 002 in Riohacha, under File No. 21810, and is at the preliminary stage and active. The motives behind the incident are as yet unknown.
    • The President of the Guajira Teachers’ Association (ASODEGUA), the only trade union organization in Guajira, stated in writing to the DDHH and DIH Office of the Ministry of the Interior and Justice that Iván Manuel Muñiz was not a member of the organization.
64. On 28 August 2003, according to the police, Mr. Muñiz Bermúdez’ house was raided and two IM-26 hand grenades and an APBT-65 grenade launcher were found, along with three maps of the Riohacha sector showing the police station and leaflets referring to the FARC-ELN. Three persons were detained, one of whom was the victim. He was released and later murdered in an attack on 4 September at 19h10 at the corner of 40th Street and 12th Avenue, 12c de Riohacha, Divino Niño district. He was hospitalized at the Riohacha Clinic, where he died from three bullet wounds on 9 September.
    • Mr. Muñiz was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
65. (43) Renzo Vargas Vélez, member of the Tolima Teachers’ Association (SIMATOL), in the municipality of Villarrica, Department of Tolima, on 12 September 2003.
    • The President of the Tolima Teachers’ Association (SIMATOL), Mr. Rosemberg Bernal, stated that Renzo Vargas was found shot to death on 12 September. The victim worked at the Los Alpes College in the municipality of Villarrica, Tolima, and until the previous month had been coordinator of the municipality’s trade union committee. He was married to Nidia García and was the father of three children.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 136570CundinamarcaSpecialized Prosecutor’s Office No. 5, Ibagué branchpreliminary
    • Renzo Vargas was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
66. (44) Margot Londoño Medina, member of ADIDA, in Envigado, Department of Antioquia, on 15 September 2003.
    • Ms. Londoño Medina, who had been working in the Manuel J. Betancourt educational institution for the past seven years, was killed at 7 a.m. on 15 September 2003, while travelling by vehicle with her two children from her home in Envigado to her place of work, in the district of San Antonio de Prado. She was a community leader and very well liked by her students. According to the President of the Trade Union Association of Educator’s of Medellín (ASDEM), she was a member of that organization.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 5931MedellínProsecutor’s Office No. 101, Itaguí branchpreliminary
    • Ms. Londoño Medina was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
67. (45) Dora Melba Rodríguez Urrego, member of the Tolima Teachers’ Association (SIMATOL), in Ibagué, Department of Tolima, on 19 September 2003.
    • Dora Melba Rodríguez Urrego was shot four times and killed at 6 p.m. in the Gaitán district of Ibagué. She was an established departmental teacher, working at the Echandía educational institution. The President of SIMATOL, Rosemberg Bernal, stated that Ms. Rodríguez Urrego (identity card No. 38.232.461) was a member of that organization.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 136490IbaguéProsecutor’s Office No. 44, Rapid Response Unitpreliminary
    • Ms. Rodríguez Urrego was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
68. (46) Abel Ortega Medina, member of the Sucre Teachers’ Association (ADES), in the municipality of Monroa, Department of Sucre, on 15 September 2003.
    • Abel Ortega Medina was murdered by persons unknown, along with his 39-year-old wife Nelly Herazo Rivera (allegation No. 47 in the 333rd Report of the Committee on Freedom of Association), at 7.30 a.m. on Thursday 25 September 2003, as they were going from their home in Corozal to his place of work at the rural school in La Vereda El Tolima, municipality of Morroa, Sucre.
    • The Government received the complaint from the trade union and contacted the National Police and the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The investigation is being conducted by Specialized Prosecutor’s Office No. 1 of Sincelejo, Sucre, under File No. 38807, and it at the preliminary stage and active.
    • The President of the Sucre Teachers’ Association (ADES) informed the DDHH Office of the Ministry of Social Welfare that Abel Antonio Ortega Medina (identity card No. 9.311.099 of Corozal, Sucre), who worked as a teacher in the municipality of Morroa, Sucre, was a member of that organization at the time of his murder. Abel Ortega had never been the object of any kind of threats; his wife, Nelly Herazo Rivera, who was killed at the same time on the same day, was not a teacher, and therefore not a member of the organization.
    • Mr. Ortega Medina was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
69. (47) Nelly Herazo Rivera, member of the Sucre Teachers’ Association (ADES), in the municipality of Monroa, Department of Sucre, on 15 September 2003.
    • Nelly Herazo Rivera was murdered by persons unknown, along with her husband Abel Ortega, on Thursday 25 September 2003, at 7.30 a.m. on Thursday 25 September 2003, as they were going from their home in Corozal to his place of work at the rural school in La Vereda El Tolima, municipality of Morroa, Sucre.
    • The President of the Sucre Teachers’ Association (ADES) informed the DDHH Office of the Ministry of Social Welfare that Abel Antonio Ortega Medina (identity card No. 9.311.099 of Corozal, Sucre), who worked as a teacher in the municipality of Morroa, Sucre, was a member of that organization at the time of his murder. Abel Ortega had never been the object of any kind of threats; his wife, Nelly Herazo Rivera, who was killed at the same time on the same day, was not a teacher, and therefore not a member of the organization. Not being a union member, Nelly Herazo Rivera could not have been covered by the protection programme of the Ministry of the Interior and Justice, nor could she have made such a request.
    • The investigation into this incident is classified in the same file as the previous case.
70. (48) Rito Hernández Porra, member of the National Union of Mining and Power Industry Workers (ACUEDUCTO), in the municipality of Saravena, Department of Arauca, on 27 September 2003.
    • Rito Hernández Porra was not a union member. The President of the Community Aqueduct and Drainage Enterprise (ECAAS-ESP), Juan Guerra Camargo, informed the DDHH Office of the Ministry of Social Welfare, in reply to an inquiry by telephone as to whether Rito Hernández Porras was engaged in trade union activities within the enterprise, stated that, as the Community Aqueduct and Drainage Enterprise (ECAAS-ESP) was a non-profit-making community body, its employees were not called upon to exercise trade union activities, and that the person concerned did not therefore take part in such activities within the enterprise.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings:Defendant:State of the investigation: 77776Cúcuta, North SantanderProsecutor’s Office No. 1, Saravena, Arauca branchPreliminary investigationJaime Nelson Londoño (in custody)closed on 30 April 2004
    • Mr. Hernández Porra was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
71. (49) Luis Carlos Olarte Gaviria, member of the National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA), Segovia branch, on 3 October 2003, in the municipality of Segovia.
    • Luis Carlos Olarte Gaviria was murdered on 3 October 2003 on his way home from work, shortly after being informed of his appointment as Vice-President of the trade union. The Secretary-General of the CGTD, Julio Roberto Gómez, stated that Mr. Olarte Gaviria had not mentioned any threats on his life. Some sources maintain that his murder was linked to problems between the Frontino Gold Mine and the trade union, since the latter was trying to negotiate the purchase of the company against a deduction from salaries, just after an agreement had been reached. Following the attempted murder of the former Vice-President of SINTRAMIENERGETICA, Alfredo Tobón, this case had been placed before the CRER “for “urgent attention” on 24 September 2003, and on the same day a collective security scheme was approved ; the scheme had not, however, yet been implemented. The investigation is being conducted by the Segovia, Antioquia, branch of Prosecutor’s Office No. 110, under File No. 4392, and is active. The National Police Department of Antioquia states: “Concerning the death of Luis Carlos Olarte Gaviria, an employee of Frontino Gold Mines, the incident occurred at about 9 p.m. on 3 October 2003, in the urban district of Galán, when Luis Carlos Olarte Gaviria (41 years old, born in Yolombo, resident in Segovia, Galán district, Sector Terminal, telephone No. 8814848, employee of Frontino Gold Mines, identity card No. 71.080.807 of Segovia) was accosted in the open by four individuals travelling in a blue Chevete who shot him six times in various parts of his body; the victim died immediately. The investigating unit of Segovia went to the site of the incident where it questioned a number of witnesses, including. Javier Dario Gaviria Rivera, who said that, as he was on his way home, he saw a vehicle with its lights on; as it passed the victim, one of the four men inside the vehicle who was tall and heavily built and wearing a poncho, got out, stopped him and fired at him a number of times. Mr. Olarte’s wife, Gloria Estela Alvarez Calderón, stated that her husband had no problems and was in Bogotá to complain about violations taking place in the mines. The previous year he had been a town councillor and had just been appointed Vice-President of Frontino Gold Mines, but he had not yet taken up the post because the assembly that had elected him Vice-President was suing him for damages. Ms. Gloria added that her husband looked after the welfare of the employees of the mines whom he defended tooth and nail.” Hypothesis: It is suspected that Mr. Olarte had denounced more than one person for involvement in the violations taking place in the mines and for what was happening with the company trade union, and that it was for this reason that he was killed.
72. (50) Heriberto Fiholl Pacheco, member of the Magdalena Teachers’ Association (EDUMAG-FECODE) in the municipality of Pueblo Viejo, Department of Magdalena, on 3 November 2003.
    • This complaint was identified as follows: “Arrest and subsequent murder of the teacher Heriberto Fiholl Pacheco, in Pueblo Nuevo, Magdalena, on Sunday, 2 November 2003. Mr. Fiholl Pacheco was a member of EDUMAG, a teacher and a social activist and union militant in the region.” According to sources in FECODE, Bogotá, Mr. Fiholl was arrested by members of the AUC (self-defence groups), tortured and subsequently murdered. His severely damaged body was found on 2 November 2003. The same source maintained that Mr. Fiholl Pacheco was the a leader in a campaign to abstain in the referendum throughout the department of Magdalena, together with Domingo Ayala Espitia, member of FECODE, who has received many murder threats.
    • The Government received the complaint from the trade union and contacted the National Police and the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation. The Public Prosecutor’s Office stated on 21 November 2003 that the Branch Directorate of Prosecutor’s Office of Santa Marta, in communication No. 2292 dated 20 November 2003, reported that a review of the data base of the Judicial Information System of the Prosecutor’s Office (Public) and information provided by the Magdalena branch of the Prosecutor’s Office – the competent authority in matters relating to Pueblo Nuevo, El Difícil district, Department of Magdalena - had not so far brought to light any ongoing investigation into the murder of Heriberto Fiholl Pacheco. In a further communication in March 2004, the Public Prosecutor’s Office reported that the investigation was being conducted by the Ciénaga Santa Marta branch of Prosecutor’s Office No. 6, under File No. 7923, and was at the preliminary stage and active.
    • Mr. Heriberto was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
73. (51) Nubia Estela Castro, member of the Magdalena Teachers’ Union (EDUMAG-FECODE), in the municipality of Tenerife, Department of Magdalena, on 5 November 2003.
    • The President of EDUMAG, Antonio Peralta, stated that Nubia Estela Castro was not a union member at the time of the events. She was an educator for the municipality but not a member of EDUMAG.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 48140Santa MartaProsecutor’s Office No. 4Preliminary
    • Ms. Nubia Stella was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
74. (52) Zuly Esther Codina Pérez, member of the Magdalena Teachers’ Union (EDUMAG-FECODE), in the municipality of Pueblo Viejo, Department of Magdalena, on 3 November 2003.
    • The President of the Union of Health and Social Security Workers (SINDESS), Nidia Castañeda, stated that Zuly Esther was killed by four bullets (two in the head, two in the chest) in Santa Marta, as she was leaving her residence at 7.30 a.m. to go to the Central Hospital where she worked as a cashier in the out-patients department. Ms. Codina Pérez was a journalist (she had an opinion programme in the city) and was Treasurer of SINDESS and communal action leader in the district of Concepción de Santa Marta.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 1828nationalNational Unit of the DH-DIH, BarranquillaPreliminary
    • Ms. Zuly Esther was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. She was not known to have received any threats in the past.
75. (53) Emerson Pinzón, activist in the Union of Health and Social Security Workers (SINDESS), Department of Magdalena, on 11 November 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 7945Santa MartaCiénaga branch of Prosecutor’s Office No. 20preliminary
    • Mr. Emerson José Pinzón Pertuz was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
76. (54) Jorge Peña Moreno, Jorge Peña Moreno, member of the Magdalena Teachers’ Union (EDUMAG-FECODE), in Orihueca, Department of Magdalena, on 11 November 2003.
    • The President of EDUMAG, Magdalena, Antonio Peralta, informed the DDHH Office of the Ministry of Social Welfare that Mr. Peña Moreno was a member of the organization at the time of the events. Consequently, the Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 7945Santa MartaCiénaga branch of Prosecutor’s Office No. 20preliminary
    • Mr. Jorge Peña Moreno was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
77. (55) Mario Sierra Anaya, secretary of the Colombian Institute for Agrarian Reform (SINTRADIN-CUT), Arauca branch, in the municipality of Saravena, Department of Arauca, on 16 November 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 80894CúcutaSingle Prosecutor’s Office, Saravena branchPreliminary, active
    • Mr. Sierra Anaya was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
78. (56) Miguel Angel Anaya Torres, member of the Union of Workers and Employees of Autonomous Public Services and Decentralized Institutes (SINTRAEMSDES), in Saravena, Department of Arauca, on 17 November 2003.
    • Mr. Mario Sierra Anaya, Deputy Secretary of the Arauca branch of SINTRADIN, was murdered in Saravena at 3 p.m. by heavily armed unknown persons who broke into his residence in the administrative centre of INCORA, where he suffered several bullet wounds from which he died almost instantly. The Public Prosecutor’s Office stated that its Saravena branch reported that this homicide had not yet been brought to trial. Miguel Angel Anaya Torres, who worked as a driver for the Saravena Aqueduct and Drainage Enterprise (ECAAS-ESP), was in his home when unknown individuals broke in at approximately 9 p.m. and, without saying a word, started shooting at him.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 4233SaravenaProsecutor’s Office, Saravena branchpreliminary
    • Mr. Miguel Angel was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
79. (57) Elles Carlos de la Rosa, member of the Workers’ Union of the Transportes Atlántico company (SINTRAATLANTICO), in Barranquilla, Department of Atlántico, on 30 November 2003.
80. At 5 a.m. on 30 November 2003, Elles Carlos de la Rosa, Treasurer of SINTRAATLANTICO, was murdered as he was leaving his residence in the Ciudadela 20 de Julio district on his way to work. Neighbours reported the presence of two individuals driving around the area on a motorcycle. One of them accosted the union official as he was leaving his home and stabbed him in the chest. He received assistance and was taken to the social security emergency unit in 30th Street, where he died. This is apparently the latest method used by hired assassins in the city to commit their crimes without alerting the inhabitants and authorities.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 175615BarranquillaProsecutor’s Office No. 40, Life Unit Branchpreliminary
    • Mr. de la Rosa was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
81. (58) Orlando Frias Parada, member of the Communication Workers’ Union, in Villanueva, Department of Casanare, on 9 December 2003.
82. At 11 a.m. on 9 December 2003, Orlando Frias Parada, a Telecom worker and official of the Yopal, Casanare, branch of the Communications Workers’ Trade Union (USTC), was shot four times in the head and killed, in front of his young children.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 2574Santa Rosa de ViterboProsecutor’s Office No. 15, Monterrey branchpreliminary
    • Mr. de la Rosa was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
    • Attempted abduction
83. (1) Ana Paulina Tovar González, daughter of the CUT Human Rights Director, on 21 March 2003.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 1655BarranquillaProsecutor’s Office No. 6preliminary
    • Abductions
84. (1) Luis Alberto Olaya, member of the Valle Single Education Workers’ Trade Union (SUTEV), in the Department of Valle del Cauca, on 15 June 2003.
    • No trace of this incident was found in the investigations data base of the Public Prosecutor’s Office. Enquiries were also made of the Cali and Buga branch offices covering the department of Valle del Cauca, and of the Popayán Cauca branch, with no success. The Government therefore wishes to know whether the incident was reported by the victim or by a member of the trade union.
    • The Government accordingly requests the Committee to inform the complainants of the need for more information in order to locate the relevant file in the Judicial Information System of the Public Prosecutor’s Office (SIJUF).
85. (2) John Jairo Iglesias, José Céspedes and Wilson Quintero, in the municipality of Cajamarca, Department of Tolima, on 2 November 2003. The complainants must state to which union the abducted persons belonged.
    • The incident occurred on 2 November 2003 when a group of 20 men went to the Potosí, Anaime, district in Cajamarca, Tolima, and dragged the victims from their homes. The latter’s dead bodies were found burnt and mutilated some days later, on 6 November.
    • Investigation: the Branch Directorate of the Prosecutor’s Office of Ibagué reported that, regarding the bodies discovered in a communal grave in Potosí district, in Cajamarca, Tolima, a preliminary criminal investigation was undertaken under File No. 142242 by the Support Unit for homicides and similar incidents. Prosecutor’s Office No. 69 of Cajamarca carried out the relevant inspection of the bodies and identified Germán Bernal Vaquiro, Marco Antonio Rodríguez Moreno and Ricardo Espejo and José Céspedes. By Order No. 01035 of 15 March 2004 of the Public Prosecutor, the investigation under File No. 142242 conducted by Prosecutor’s Office No. 4 acting on behalf of the specialized circuit judges of Ibagué, was assigned to the DDHH and DIH National Unit, where it is at the preliminary stage under File No. 1893.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 5931DDHH and DIH National UnitSpecialized UDH-DIH Prosecutor’s Office No. 9Preliminary, collection of evidence
    • Mr. José Céspedes was not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. He was not known to have received any threats in the past.
86. (3) Antonio Rodríguez and Ricardo Espejo, attorneys of the Tolima Farm Workers’ Union (SINTRAGRITOL), in the municipality of Cajamarca, Department of Tolima, on 6 November 2003.
    • The incident occurred on 2 November 2003 when a group of 20 men went to the Potosí, Anaime, district in Cajamarca, Tolima, and dragged the victims from their houses. The latter’s dead bodies were found burnt and mutilated some days later, on 6 November.
    • Investigation: the Branch Directorate of the Prosecutor’s Office of Ibagué reported that, regarding the bodies discovered in a communal grave in Potosí district, in Cajamarca, Tolima, a preliminary criminal investigation was undertaken under File No. 142242 by the Support Unit for homicides and similar incidents. Prosecutor’s Office No. 69 of Cajamarca carried out the relevant inspection of the bodies and identified Germán Bernal Vaquiro, Marco Antonio Rodríguez Moreno, Ricardo Espejo and José Céspedes. By Order No. 01035 of 15 March 2004 of the Public Prosecutor the investigation under File No. 142242 conducted by Prosecutor’s Office No. 4 acting on behalf of the specialized circuit judges of Ibagué, was assigned to the DDHH and DIH National Unit, where it is at the preliminary stage under File No. 1893.
    • The Government received the complaint from the trade union and contacted the Public Prosecutor’s Office in order to obtain additional information on the incident and on the state of the investigation:
    • File No.:Branch:Investigating authority:Stage of proceedings: 5931DDHH and DIH National Unit, BogotáSpecialized UDH-DIH Prosecutor’s Office No. 9preliminary, collection of evidence
    • Marco Antonio Rodríguez y Ricardo Espejo were not covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice and had made no such request. They were not known to have received any threats in the past.
    • Note: cases nos. 2 and 3 above are being investigated as homicides by the National Unit for Human Rights and International Humanitarian Rights. Victims: Ricardo Espejo Galindo, Marco Antonio Rodríguez Moreno, John Jairo Iglesias Salazar, José Céspedes, Germán Bernal Baquero. The incident occurred on 14 November 2003.
    • Threats
87. (1) National Union of Workers in the Food Industry (SINALTRAINAL), Bucaramanga branch, on 14 March 2003), Bucaramanga branch, on 14 March 2003.
    • More information is required, as the Branch Directorate of Bucaramanga has been unable to locate the case. However, the Valledupar branch is currently conducting three investigations in which SINALTRAINAL appears as the object of threats, under files nos. 144029, 148763 and 157685, but with a different and city date from those indicated in this section of the report; an investigation is also under way in Cartagena, under File No. 68732, which again differs from the case referred to here.
    • Because of the repeated allegations of threats against the Coca Cola trade union, SINALTRAINAL, the Government, aware of its responsibility to provide protection to social and trade union leaders who are at risk, has approved and implemented protection measures for the officials of this organization.
    • The protection measures currently in place for officials and members of the National Union of Workers in the Food Industry (SINALTRAINAL) are as follows:
    • Headquarters with security perimeter
    • n Headquarters: Bogotá: 35-18 Avenue 15
    • n Headquarters: Barranquilla: 41-23 Avenue. 14
    • n Headquarters: Cartagena: 21 C-30 Transversal 44
    • n Headquarters: Barrancabermeja: 21-89 71st Street
    • n Headquarters: Cali: 2 N-23 47th Street
    • n Headquarters: Medellín: office No. 713, 49 A-27 46th Avenue
    • n Headquarters: Bugalagrande: 6-35 Avenue. 7
    • n Headquarters: Bucaramanga: first floor, 41-73 Avenue. 14
    • n Headquarters: Valledupar
    • n Headquarters: Cúcuta: 0.99 8th Street, Latino district
    • Protection schemes
    • n Bolívar: in August 2003, it was recommended that a single protection scheme be set up for the executive board members of this branch, namely Wilson Castro Padilla and Robinson Domínguez Romero.
    • n Barrancabermeja: a personal scheme for Juan Carlos Galvis, with an armoured vehicle and an additional bodyguard; a collective scheme and three additional bullet-proof jackets.
    • n Nacional: collective scheme.
    • n Bucaramanga: individual scheme for Efraín Guerrero.
    • n Cartagena: individual scheme for Jaime Santos Dean.
    • n Santander: individual scheme for William Mendoza Gómez.
    • n Atlántico: collective scheme.
    • n Facatativa: a personal scheme for Gerardo Cajamarca Alarcón has not been implemented as he is out of the country.
    • Means of communication
    • n Antioquia: 2 means of communication
    • n Atlántico: 4 means of communication
    • n Bolívar: 1 means of communication
    • n Cauca: 2 means of communication
    • n César: 2 means of communication
    • n Cundinamarca: 11 means of communication
    • n Magdalena: 1 means of communication
    • n North Santander: 4 means of communication
    • n Santander: 21 means of communication
    • n Valle del Cauca: 10 means of communication
88. (2) Domingo Tovar Arrieta, Director of the CUT Human Rights Department, on 9 May 2003.
    • No investigations have yet been located at the Bogotá branch directorate. However, the following files are on record:
    • File No.:Branch:Investigating authority:Stage of proceedings:Victim:Incident: 750415BogotáIndividual Freedom and Other Guarantees Unit, Prosecutor’s Office No. 328preliminary, collection of evidenceDomingo Tovar ArrietaBogotá, 30 October 2003
    • File No.:Branch:Investigating authority:Stage of proceedings:Complainant:Event: 464924BogotáProsecutor’s Office No. 242,(Individual Freedom and Other Guarantees Unit)preliminaryDomingo Tovar ArrietaBogotá, 22 September 1998
    • Note: Investigation reassigned to the DDHH National Unit, by Decision No. 0388.
    • File No.:Branch:Investigating authority:Stage of proceedings:Complainant:Incident: 519785BogotáIndividual Freedom and Other Guarantees Unit, Prosecutor’s Office No. 236PreliminaryDomingo Tovar ArrietaBogotá, 16 October 1999
    • The following investigation is on record at the Cartagena Branch Directorate:
    • File No.:Branch:Investigating authority:Stage of proceedings:Victim:Complainant:Incident: 98205CartagenaProsecutor’s Office No. 39preliminary, collection of evidenceDomingo Tovar ArrietaJesús González LunaCartagena, 17 July 2002
    • The Government emphasises that it has reported several times on this complaint and on the various investigations that are being conducted throughout the country in respect of the violation of human rights and threats on the life and physical integrity of union official Domingo Tovar Arrieta.
89. (3) Hernán Herrera Villalba, member of the Neiva branch committee of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA).
    • The consolidated investigation system provides the following data on the event of 25 November and 6 December 2002 involving Hernán Herrera Villalba and Henry Armando Cuellar Valbuena:
    • File No.:Branch:Investigating authority:Stage of proceedings: 68032NeivaProsecutor’s Office No. 1, Neiva branchpreliminary
90. (4) Mario Ernesto Galvis Barbosa, whose union membership has to be clarified.
    • The Government received the complaint and referred it to the Public Prosecutor’s Office, which reported on the investigation as follows:
    • File No.:Branch:Investigating authority:Stage of proceedings: 7250NeivaProsecutor’s Office No. 1, Pitalito branchpreliminary
91. (5) Leónidas Ruiz Mosquera, chairman of the ASODEFENSA coffee sector subcommittee.
    • No investigation has been located at the Branch Directorate of the Prosecutor’s Offices of Pereira, and additional information is therefore requested regarding the date, place and type of threats. The Government accordingly requests that the complainant organizations to send the Committee more information on the place and date of the incident, so that the relevant file can be located in the Prosecutor’s Office concerned.
92. (6) Jorge León Sarasty Petrel, National President of SINALTRACORPOICA, on 9 June 2003, in Montería, where he was advising on the formation of the union’s Córdoba branch.
    • The Branch Directorate of the Prosecutor’s Offices of Montería was able to establish by a telephone conversation with CORPOICA that Mr. Jorge León is President of SINALTRACORPOICA, in the department of Natagaima, department of Ibagué. However, the organization’s headquarters in the municipality of Cereté, Córdoba, does not know whether a complaint has been lodged regarding the incident referred to. The Government therefore wishes to know whether or not a complaint has been lodged so that it can continue its attempts to locate the file and take further action.
93. (7) Workers of the Drummond company (2,000 in all) working in conflict zones where paramilitary groups operate and consider them as military targets. Five officials and members have already been murdered and have been considered in previous examinations of the case. Currently, workers are being sent to remote areas where there is no security.
    • More specific data are required to locate any investigation already initiated or to initiate a preliminary investigation, including: names of the people threatened or of the company’s legal representative who may have placed the incidents before the authorities, date and place of the incidents, type of threats.
94. (8) Carlos Hernández, President of the NATHOC Union, in Barranquilla, forced into exile following the murder of several of his colleagues.
    • File No.:Branch:Investigating authority:Stage of proceedings: 182294BarranquillaProsecutor’s Office No. 21preliminary
    • Mr. Hernández is covered by the protection programme run by the DDHH and DIH Directorate of the Ministry of the Interior and Justice, has been issued international air tickets and humanitarian assistance and is currently out of the country.
95. (9) Victor Jaimes, Mauricio Alvarez and Elkin Menco, officials of the Petroleum Industry Workers’ Union (USO).
    • The threat against Mauricio Alvarez Gómez was in the form of a letter of condolence which he received on 15 August 2003. The investigation is being conducted by Prosecutor’s Office No. 8, Barrancabermeja branch, under File No. 189.360, and is at the preliminary (collection of evidence) stage.
    • The threats against Elkin de Jesús Menco were made by unknown persons on 1 January 2002. The investigation is being conducted by Prosecutor’s Office No. 5, under File No. 168089, and is at the preliminary stage and active. Threats made on 15 August 2003 are also being investigated.
    • The threats against Víctor Jaimes are being investigated as follows:
    • File No.:Branch:Investigating authority:Stage of proceedings: 189360BucaramangaProsecutor’s Office No. 8, Barrancabermeja branchpreliminary
96. (10) On 22 October the Risaralda Teachers’ Union (SER) received a third written threat warning the members of the union to leave the region. In addition, the administrative authorities have revoked the trade union’s licence.
    • Without being able to confirm that it concerns the same incident, since no date or place is specified, the following information has been found indicating that 12 people have been threatened, including Bernardo Bernal Alvarez, President and complainant, and Antonio José Ramírez, Secretary:
    • File No.:Branch:Investigating authority:Stage of proceedings:Incident: 107503Pereira10th BranchPreliminaryPereira, 22 October 2003
    • Measures adopted in respect of social and union leaders of Risaralda
97. (1) Diego María Osorio, CPDH:
    • n One mobile telephone, under the protection programme.
    • n By Decision No. 14 of 24 July 2002, the Risk Assessment and Control Committee (CRER) recommended the implementation of a high-level personal security scheme. A UP protection scheme is currently in place.
    • n The National Police was requested to implement preventive security measures.
    • n The Public Prosecutor’s Office was informed of the recent threats.
    • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
    • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
98. (2) Gloria Inés Ramírez Ríos, CUT Executive:
    • n Has a personal security scheme provided by the programme and a mobile phone.
    • n The National Police was requested to implement security measures.
    • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow her to leave the risk area temporarily with her family. The tickets have already been issued.
    • The humanitarian assistance was put in place and could be claimed from 6 November 2003.
99. (3) Carlos Alberto Ayala Murillo, SER Communications Secretary, member of the Social and Political Front:
    • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
    • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
    • n The National Police was requested to implement security measures.
100. (4) William Gaviria Ocampo, President of UNEB, Risaralda, and Secretary of the Social and Political Front:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
101. (5) Fernando Arias Guapacha, Secretary-General of the Social and Political Front:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
102. (6) John Jairo Loaiza, UNIMOTOR official:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
103. (7) Antonio José Ramírez Arias, Prosecutor of the CUT, Risaralda, and UNIMOTOR:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
104. (8) Bernardo Bernal Alvarez, Vice-President of the CUT, Risaralda, President of UNIMOTOR:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
105. (9) María Eugenia Londoño, SER Prosecutor:
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow her to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • n The National Police was requested to implement security measures.
106. (10) Vicente Villada, President of the CUT, Risaralda:
     • n The National Police was requested to implement security measures.
     • n The Public Prosecutor’s Office was informed of the threats.
     • n By Decision No. 16 of 31 October 2002, the allocation of a mobile telephone was recommended. The telephone has already been provided.
     • n Level of risk: medium-low, according to the DAS on 3 April 2003.
     • n A personal security scheme has been approved.
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of one month of humanitarian assistance and national air tickets to allow him to leave the risk area temporarily with his family. The tickets have already been issued.
     • n The humanitarian assistance was put in place and could be claimed from 6 November 2003.
     • Measures for organizations
     • n By Decision No. 14 of 2002, the installation of a security perimeter for the headquarters of the CUT in Risaralda was approved. The installation had been completed.
     • n The headquarters of the Risaralda Teachers’ Union (SER) has had a security perimeter since the end of last year.
     • n An extraordinary CRER meeting on 27 October 2003 recommended the allocation of four collective schemes for the following Risaralda organizations: the Single Confederation of Workers (CUT), the Drivers’ Union (UNIMOTOR), the Social and Political Front Party and the Risaralda Teachers’ Union. They are currently being established.
     • Raids
107. (1) Residence of Laura Guerrero, official of the CUT’s Bogotá branch, Cundinamarca, on 11 March 2003.
     • A telephone call to the CUT (No. 481.50.40) in Bogotá, to request information on the incident referred to above, was attended by Yuly González Villadiego, who stated that Laura Guerrero, whose full name was Laura María Guerrero Sierra, worked at the CUT office, but that the complaint was lodged in Fusagasuga. The name of the authority with which the complaint was lodged was not available.
     • The consolidated investigation system produced the names of Laura María Guerrero Sierra, Carlos Arturo Rico Godoy and Martha Lilian Carrillo, in connection with personal threats received on 18 May 2001, which differs from the date indicated. The Government therefore requests more information so as to be able to follow up and pursue the investigation.
     • File No.:Branch:Investigating authority:Stage of proceedings:Complainants: 54263Bogotá, National Terrorism Unit (UNT)Specialized UNT Unit No. 16inhibitory, 12 February 2002Bertha Rey Castelblanco and Miguel Antonio Lasso Muñoz
108. (2) Residence of Gilberto Salinas, member of the Agricultural Workers’ Union of Tolima (SINTRAGRITOL), branch of FENSUAGRO-CUT. He was arrested during the raid.
     • Without being able to confirm that it refers to the same incident, the consolidated investigation system of the Public Prosecutor’s Office only produced the following: report of a raid and search, conducted with a search warrant on 11 June 2003 by Specialized Prosecutor’s Office No. 4 of Ibagué, on 150-74, 45th Street South, Picaleña district, the home of Gilberto Salinas Novoa and Gilberto Salinas Alvarez, where they were arrested.
     • File No.:Branch:Investigating authority:Stage of proceedings:Defendants: 120093IbaguéBranch No. 14preliminary investigationGilberto Salinas Novoa and Gilberto Salinas Alvarez
     • Disappearances
109. (1) Marlon Mina Gambi, son of Yesid Mina, ECOPETROL workers, and member of USO, on 5 May 2003.
     • The Public Prosecutor’s Office reported that a search was made for a trace of this incident, but that nothing was found. The Government therefore requests information on the place where the incident occurred so that another manual or automatic search can be made.
110. (2) The Tolima Farm Workers’ Union alleges that 18 farm workers who peacefully occupied the La Manigua Estate in March 2003 have disappeared.
     • Public servants attached to the Technical Investigation Corps of Ibagué went to see an advisor of SINTRAGRITOL, Pedro Bustos, who informed them that the incidents referred to took place in Cajamarca on 16 September 2002 and 25 February, 5 March, 24 August and 11 November 2003 and concern the murders of Ricardo Espejo Galindo and others (incidents already listed in this report as nos. 2 and 3 in the “Abductions” section above).
     • Acts of violence
111. (1) María Clara Baquero Sarmiento, President of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA): according to the allegations presented by the complainant organization, union meetings were obstructed, those attending were intimidated, lists of people participating in union meetings were drawn up, the organizers were transferred to conflict zones, etc. The complainant organization adds that the President of the union was not given the protection to which the Government referred in the Committee’s 330th Report.
     • Report: ASODEFENSA case
     • María Clara Baquero, National President
     • Information from the Ministry of the Interior and Justice
     • DDHH and DIH Directorate – protection programme
     • The data base of the protection programme run by the Ministry provides the following information on the protection measures adopted for the members of ASODEFENSA:
     • The Risk Assessment and Control Committee (CRER) has recommended:
     • n Two personal protection schemes: one (now implemented) for the Bogotá branch, and one (not yet implemented) for the Huila branch. Pending implementation, transport support has been approved for 192 hours.
     • n Means of communication: two Avantel radios.
     • n National air tickets: 11 tickets have been issued for bodyguards of the Bogotá branch.
     • n Security perimeter: installed at the Bogotá headquarters.
     • Latest decisions of the Risk Assessment and Control Committee (CRER),
112. 24 September 2003
     • n Considering that the risk assessment indicated a medium-low risk for officials of the Huila branch, for whom a security scheme has been approved but not yet implemented and who are receiving transport support for 192 hours per month, the CRER has recommended maintaining these measures for a further three months, subject to a new risk assessment.
     • The members of the trade union were informed of the DAS recommendations following the technical reassessment of the level of risk and degree of threat, indicating a medium-low level of risk.
     • Specific case: María Clara Baquero Sarmiento, President of ASODEFENSA
     • The data base of the Ministry of the Interior’s DDHH and DIH Directorate’s protection programme for witnesses and persons under threat indicated that a meeting of the Risk Assessment and Control Committee (CRER) had approved the following protection measures for this trade union official:
     • n two Aventel radios (by Emergency Decision No. 38 of 15 November 2002);
     • n a personal security scheme; and
     • n security perimeter for the union headquarters.
     • Bearing in mind that the latest assessment of the risk and degree of threat faced by Ms. Baquero indicated medium-low level, the protection measures she currently enjoys are far greater than those recommended by the CRER.
     • As Ms. Baquero had requested a high-level protection scheme (vehicle and bodyguards) for her children, following an alleged attack on her daughter’s bedroom on 7 May 2003, when there was nobody at home, the DDHH and DIH Directorate of the Ministry of the Interior and Justice asked the Administrative Security Department to assess the alleged attack and the level of risk faced by the Baquero family. The DAS’s report is as follows:
113. “On 7 May this year Ms. Baquero’s protection unit reported that a bullet struck one of the windows of her residence at approximately 10.32 p.m. The forensic ballistics group of the DAS General Operational Directorate therefore carried out a technical inspection, whose findings were as follows: (1) the hole was caused by a projectile shot from a firearm; (2) the projectile was shot from a mechanical firearm such as a 32 long calibre revolver; and (3) the impact was caused by a long-distance bare lead projectile; the characteristics of the entry point of the projectile indicate that it was not shot directly at the building but was an “air shot”. The investigation established that the incident was not an attempt on the life of María Clara Baquero or a member of her family, but a chance shot.”
     • In spite of the foregoing, the police was asked to conduct to patrol the area to prevent any attack on her children at her residence.
     • Ms. Baquero submitted a request for high-level protection for her children to the DDHH Directorate of the Ministry of the Interior and Justice. Although the request was denied, the Ministry was instructed to carry out an assessment of the alleged attempt with a view to providing them with protection. The outcome was as indicted above.
     • In the light of the assessment made, it is considered that no real threat against the family exists and that there is no call for high-level protection for the children, as Ms. Baquero Sarmiento claims. Moreover, when asked for her children’s collaboration in the assessment of the level of risk and degree of threat, Ms. Baquero replied that she did not trust the State security bodies and did not allow her children to meet them. At the same time, she contradicted herself by saying that she would still like them to provide protection.
     • Finally, the DDHH and DIH Directorate of the Ministry of the Interior and Justice has asked Ms. Baquero to place the facts of the alleged attacks or threats before the competent authority. However, to date no such evidence has been submitted to the Directorate, which is essential for the protection measures she has requested to be justified and assessed. This is especially true given that section 22 of Act No. 782 of 2002 states that protection measures are temporary and subject to periodic assessment.
     • Information supplied by the Ministry of National Defence
     • Office of the Secretary-General
     • The Ministry of Social Welfare contacted this Office on 30 July 2003 with a request for information on the despatch of civilians to war zones, following a complaint presented to the ILO’s Committee on Freedom of Association to which the Government replied in the Committee’s 331st Report.
     • ASODEFENSA claims that the Ministry of National Defence continues to harass trade unions by forcing civilians to go to war zones dressed as soldiers, with no weapons or military training. The following are concerned by these measures:
114. (1) Carlos Julio Rodríguez García, member of ASODEFENSA;
115. (2) José Luis Torres Acosta, member of ASODEFENSA;
116. (3) Edgardo Barraza Pertuz;
117. (4) Carlos Rodríguez Hernández; and
118. (5) Juan Posada Barba.
     • In communication No. 00599 MDD-HH725 of 4 September 2003, the Ministry of National Defence, states: “According to the Legal Adviser of the Directorate of Human Right of the Army, it is necessary to clarify the meaning and scope that the trade unions attach to the term “war zone”, given that by Decision No. 10412 of 1995 the Ministry of National Defence has defined certain regions of the country as “public order” areas. Because of its inter-institutional nature, the National Army’s officials are often obliged to fulfil their function of re-establishing public order, which does not mean that they operate in conflict or war zones. Aware of the need for the military forces to use civilian personnel in public order areas, the legislative body has defined the various circumstances in which their services might be required in those areas. Consequently, since these circumstances, such as the recognition of a public order bonus, are provided for under existing regulations, it is normal that civilian personnel should be assigned to meet the requirements of each case, provided that such personnel, most of whom are drivers, are only required to participate in their official capacity in operations involving the re-establishment and maintenance of public order. As to the claim that civilians are obliged to wear uniforms, it is recalled that such practices are prohibited, and an internal circular to that effect will be distributed by the Directorate of Human Rights of the Army. (...) Moreover, as drivers at the service of the National Police, they are required to transport troops to areas where the unit to which they have been assigned is engaged in re-establishing public order, which does not mean that the drivers are operating in war zones properly so called.”
     • Additional information regarding the complaint presented by ASODEFENSA to the International Labour Organization alleging denial of trade union leave, use of military installations and harassment of trade unions by the Ministry of National Defence:
     • The Secretary-General of the Ministry of National Defence, made the following answer to the complaint: “The members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) have held numerous meetings with civilian public servants on the staff of the Ministry of National Defence, at which those responsible for the staff have authorized their affectation to places defined by the union organization.”
     • Regarding the use of military installations for meetings unrelated to the service, the Ministry of National Defence has clearly warned about the constant risk of a terrorist attack on any of these premises, for which the units concerned have contingency plans that would be seriously undermined by a concentration of people.
     • Consequently, whenever the Association requires authorization for the holding of seminars, hearings or similar meetings, the authority responds by authorizing the public servants to go wherever the union chooses.
     • The airborne infantry battalion No. 21, “Batalla del pantano de Vargas”, has 34 public servants, which means that it would be neither logical nor true to assert that the unit commander gave orders to “spy on”, let alone take photos of, those who attend a union meeting. Moreover, all battalion No. 21’s intelligence units were engaged in providing support to the Technical Investigation Corps of the Public Prosecutor’s Office General in the municipality of San Martín during the period from 9 a.m. to 5 p.m. in accordance with Operational Order No. 9, “Centauros”.
119. On 28 February 2003, the Commander of the National Army issued an administrative order concerning a number of staff movements, including the transfer of 30 civilian public servants – among them Enrique Ruiz, Isidro Benítez and Víctor Hugo Mendieta Candela, who, once the decision was announced, called a meeting of the 14 members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) in Granada Meta, in order to set up a branch executive board. The employer was not informed of this until 7 March 2003, from which date the persons concerned would have trade union immunity.
     • It must be borne in mind that the accusations published in NIKOR date back to 1996, when infantry battalion No. 21 was under a different commander and when ASODEFENSA did not even exist, as can easily be verified.
     • The civilian staff rules of the Ministry of National Defence and National Police (legislative Decree No. 1792 of 2000, Chapter V, Grounds for removal, section 32, clause (c)) stipulates that one of the grounds for removal is the existence of a confidential intelligence report; this is because of the nature of the services performed by these units, which is essential to the basic functions of the Ministry of National Defence, the Armed forces and the National Police, namely the defence of the sovereignty, independence and integrity of the national territory and constitutional order.
     • Administrative staff Order No. 1043 of 14 March 2003 accordingly called for the removal of two public servants, on the basis of a confidential intelligence report; one of these was Richard Antonio Blanco López, employed in infantry battalion No. 6, “Cartagena”.
     • This is not a totalitarian tactic as the Association unjustly claims, since Mr. Blanco López is at liberty to appeal to the corresponding administrative authority to have the decision annulled and his rights restored, so as to be able to argue the case against his removal from the staff of the Ministry of National Defence in the service of the National Army.
     • Information supplied by the Public Prosecutor’s Office
     • Following instructions issued by the headquarters of the National Unit for Human Rights and International Humanitarian Law in accordance with information provided by the investigating Prosecutor’s Office, the investigation into the alleged threats against María Clara Baquero, President of ASODEFENSA, is summarised below:
     • File No.:Authority:Crime:Stage:Proceedings: 1505National Unit for Human Rights and International Humanitarian Law, with headquarters in Bogotáthreats. Alleged threats, on 14 November 2002, in Bogotá, denounced at a plenary meeting of the SenatepreliminaryThe Public Prosecutor’s Office was informed of the incident on the day it occurred, 7 May 2003, and assigned the Technical Investigation Corps to determine the motives and identify those responsible. The investigating Prosecutor’s Office concluded, on the basis of statements made on the site of the incident and of the expert’s report, that the bullet that struck a window of the residence of María Clara Baquero Sarmiento was not aimed at the house or at anyone living there.
120. (2) Henry Armando Cuéllar Valbuena, member of the Executive Board of ASODEFENSA.
     • The Public Prosecutor’s Office has provided the following report on this incident:
     • File No.:Branch:Investigating authority:Stage of proceedings: 68032NeivaProsecutor’s Office, Neive branchpreliminary
     • It should be noted that this complaint is directly connected to the previous case concerning María Clara Baquero.
121. (3) Jairo Chávez, a worker in the Nariño Teachers’ Union, where an explosive device of moderate force exploded, causing enormous material damage, on 5 June 2003.
     • According to the complainants in their statement to the Committee on Freedom of Association, an explosive device of moderate force exploded around midnight on 5 June 2003 in the city of Pasto at the headquarters of the Nariño Teachers’ Union (SIMANA), an affiliate of the CUT. The explosion caused extensive material damage to the union headquarters and seriously wounded Jairo Chávez, a security guard. The perpetrators of the attack are unknown.
     • Investigation: the Public Prosecutor’s Office General stated that its Branch Directorate in Pasto reported by electronic mail on 27 November 2003 that a search of the Judicial Information System of the Public Prosecutor’s Office (SIJUF) revealed that there was no ongoing investigation into the incident referred to. It therefore requested additional information on the incident.
     • A search at the Pasto branch, which covers the department of Nariño, likewise failed to find any ongoing investigation. Consequently, the Government requests information regarding the complainant or the exact place where the incident occurred, so that that it can enquire of the police authorities whether it was reported to the local Prosecutor’s Office.
122. (4) Manuel Hoyos, President of the Atlantic Workers’ Union, affiliated to the CGTD, on 3 July 2003.
     • Manuel Hoyos Montiel appears in the data base
     • File No.:Branch:Investigating authority:Stage of proceedings:Defendants: 1708DDHH and DIH National UnitSpecialized DH y DIH, headquarters in BarranquillaSpecialized circuit criminal judgeJohn Fredy Rojas Marín (in custody)
123. On 28 March 2004 Mr. Manuel Hoyos Montiel was scheduled to go from Barranquilla to Bogotá to have his risk level increased. On Monday, 29 March, the Ministry of Social Welfare arranged for protection during his stay in Bogotá. Through the DAS he was provided with the temporary support of an armoured vehicle and two additional armed bodyguards. Given the seriousness of the circumstances, the Prosecutor’s Office suggested a meeting with Mr. Carlos Franco, Mr. Novoa, Mr. Bustamante and Mr. Manuel Hoyos Montiel.
124. On 30 March 2004 a meeting was held at the offices of the Presidential Programme for Human Rights and International Humanitarian Law, at which the security measures for the union member in Barranquilla were increased, as follows:
125. 1. A rapid and coordinated information and alert system between PONAL Barranquilla, DAS Barranquilla and the union member, so that the latter can be warned of any attempt on his life or physical integrity.
126. 2. Assignment of an additional person to his security scheme, to spend the night at his residence.
127. 3. Improved security for his house, by means of metal bars, etc.
128. 4. Permanent participation of the Ministry of Social Welfare during the negotiation of the collective agreement between Coolechera and the trade union, so that the latter enjoys all necessary guarantees during the meeting. An official of the Public Prosecutor’s Office would also be present, as guarantor and supervisor.
129. On 1 April 2004 the police authorities of Barranquilla arrested John Fredy Rojas Marín for the third time and placed him at the disposal of the Prosecutor’s Office and INPEC, with a view to his transfer to the model prison.
130. (5) Juan Carlos Galvis, on 22 August 2003.
     • File No.:Branch:Investigating authority:Stage of proceedings: 182415BucaramangaProsecutor’s Office No. 009, Barrancabermeja branchpreliminary
     • The Government informs the Committee that it has already replied on this matter in several communications sent to the International Labour Standards Department of the ILO, and therefore respectfully asks that the case not be included in the section “New allegations”. The Government nevertheless wishes the information to be taken into consideration and therefore submits the following considerations:
     • Act of violence against Juan Carlos Galvis, Vice-President of SINALTRAINAL and President of the CUT, in Barrancabermeja, on 22 August 2003.
131. On 22 August 2003, Mr. Juan Carlos Galvis was travelling in an armoured vehicle provided by the Ministry of the Interior and Justice at the junction of 19th Avenue and 47th Street in the city and was attacked by two persons riding a motorcycle, who fired several shots without wounding him. The complaint was made at 12 noon on 25 August by the Barrancabermeja Ombudsman, based on the victim’s statements. The same day, judicial proceedings were initiated by the competent investigating authority.
     • Public Prosecutor’s Office: the investigation is being conducted by the branch directorate of Prosecutor’s Office No. 8, Barrancabermeja, Santander, and is at the preliminary stage and active.
     • The National Police wrote to the Human Rights Office of the Ministry of Social Welfare as follows: “In reply to your telephone inquiry addressed today to our office, seeking information on the attempted murder of. Juan Carlos Galvis in the city of Barrancabermeja, the following report was sent by the Special Operations Command of Magdalena Medio in communication No. 672: With reference to the incidents that took place at of 22 August 2003 at 12.10 p.m. in 47th Street between 19th and 20th Avenues in the Buenos Aires district, involving Juan Carlos Galvis, President of the CUT in Barrancabermeja and Vice-President of SINALTRAINAL, as he was travelling in the vehicle assigned by the Ministry of the Interior accompanied by his two bodyguards, they were intercepted by two persons riding an RX-115 motorcycle (no other details known), one of them standing on the footrests firing at the vehicle. The bodyguards, who are members of the DAS, fired five shots at the attackers when they were a few metres away. The trade union official, his bodyguards and the attackers were uninjured, and there was no damage to the vehicle in which he was travelling.”
     • “Juan Carlos Galvis has a security scheme consisting of two bodyguards assigned by the DAS in agreement with the Ministry of the Interior, as well as an armoured vehicle, two 9 mm pistols, an UZI machine pistol and an Avantel radio. The union official himself has an Avantel radio, a mobile phone and a revolver.”
     • “The official has repeatedly complained to international and national NGOs about alleged threats and armed attacks against him. However, the national police have carried out inquiries but have not obtained any information to confirm the complaints. As a preventive measure, random patrols have been carried out frequently in the neighbourhood of Juan Carlos Galvis’ house at 25-30, 47th Street, Recreo district, and security measures have been maintained around his family’s home at 76-15, 18th Avenue A, 20 de enero district; moreover, constant communication has been maintained with the official, thus providing prompt and precise information on threats or intimidation against him.”
     • “The victim was provided with a self-protection manual, indicating precise measure to be taken during his activities.”
     • The Department of Administrative Security (DAS) provided confidential information and gave the information that appears below.
     • Facts
132. On 23 August 2003 the paid bodyguards Idelfonso Huertas Moya (identity card No. 0203) and Fabiano Garzón Avila (identity card No. 0202), assigned to the protection scheme of the President of the CUT, Juan Carlos Galvis, reported on the incident that occurred on 22 August 2003 at approximately 12.10 p.m. at the junction of 47th Street and 19th Avenue, opposite Santo Thomas College, when they were attacked by two individuals who were waiting for them. One of the individuals shot at their vehicle several times. The attack was repelled by the bodyguards, and the individuals escaped on an RX 115 motorcycle on which they were travelling (see attached report).
     • Juan Carlos Galvis also denounced the incident of 22 August 2003 publicly, in an article that appeared in the Vanguardia Liberal newspaper of Barrancabermeja (Santander) on Saturday 23, August 2003. The article reads: “He was the victim of an attack but, thanks to the armoured vehicle and the prompt action of his bodyguards, he escaped unharmed. He blamed the incident on extreme right-wing groups operating in the petroleum port, and has reported it to the Public Prosecutor’s Office, the Ombudsman and the DAS. His safety and future developments in the case are in their hands.” (See attached copy of the Vanguardia Liberal article of 23 August 2003.)
     • Action taken
     • When we were informed of the incident, we went to the site indicated where we questioned a number of people in the area. One eye witness, who asked not to be identified, gave the following version of the events: “It was midday when I saw a blue four-wheel drive vehicle being stopped just in front of Santo Thomas College by two individuals on a motorcycle, who aimed a gun at the vehicle and fired twice. When the vehicle stopped, the men on the motorcycle swore at the neighbour and stole money from him. (He indicated the house where the victim of the robbery lives.) Just then a pick-up turned into 19th Street and, seeing what was happening, the men inside fired several times in the air, whereupon the thieves threw away their gun and fled. The men in the pick-up gave chase, and that was all I saw.”
     • When we received the report, with this version of the events and the complaint lodged by Juan Carlos Galvis, we called in Fabiano Garzón Avila and Ildefonso Huertas Moya, the bodyguards assigned to the protection scheme who on the day were travelling with the victim, for questioning, informing them of sections 266, 267 and 269 of the Criminal Procedures Code section and section 422 of the Penal Code and that they were under oath.
     • The latter gave their testimony on 28 August 2003, confirming the version of events in the report, adding that the victim accidentally fired his gun inside the armoured vehicle during the incident. A statement was also taken from Juan Carlos Galvis Galvis, President of the CUT on 8 September 2003, when he corroborated the testimony of the bodyguards and the shot fired accidentally inside the vehicle. (A photo of the hole caused by the projectile, which according to the version given came from the 38 calibre revolver owned by Mr. Galvis, and a photocopy of his safe-conduct, are attached.)
     • In the light of the eye witnesses’ testimony, we went, on 9 September 2003, to 20-41 47th Street in the Buenos Aires district, where the witness said that the victim of the attack on 29 August 2003 lived. After identifying ourselves as DAS officials on active service, we were met by Mr. José Santos and given an account of the events on that day. He was travelling with his cousin Otoniel Gualdrón in a Kia Sportage vehicle, a few metres from his residence, when they were attacked. He spontaneously handed over a plastic bag containing a firearm with the following characteristics: 7-65 calibre pistol, make CZ MOD 83, no identification number, made in Czechoslovakia, colour bluish nickel, no butt, loader containing six 7-65 calibre cartridges), adding that it was the firearm that he picked up at the site of the incident and with which he had been threatened (photograph attached).
     • With the foregoing testimony, we called in José Libardo Santos Ardila (identity card No. 13.876.997) and Otoniel Gualdrón Ardila (identity card No. 13.887.224), both born in Barrancabermeja, for questioning, informing them of sections 266, 267 and 269 of the Criminal Procedures Code and section 422 of the Penal Code and that they were under oath.
     • The two men stated that, at midday on 22 August 2003, they were the victims of an armed attack by two individuals on a motorcycle who stopped them at the junction of 47th Street and 19th Avenue and robbed José Libardo Santos of 3 million pesos The money had been lent to him by CAVIPETROL in the form of a cheque made out to bearer, which had been cashed later in the day at Bancafe bank in this city. (A photocopy of cheque No. 0027452, made out to José Libardo Santos Ardila, for 3 million pesos, dated 22 August 2003, issued by CAVIPETROL, is attached.)
     • Mr. José Santos states that, just as he had been robbed of the money, a pick-up with polarized windows appeared at the junction of 47th Street and 19th Avenue. Shots were fired in the air from inside the pick-up and the thieves were obliged to throw their firearm to the side of the street and to escape on their motorcycle pursued by the pick-up. Mr. José Santos thereupon told the persons in the vehicle that he had been robbed and then picked up the firearm with which he had been threatened and put it in a plastic bag pending the arrival of the police whom he called by dialling 112. The police said that they would send a patrol, but it never arrived. Minutes later the pick-up came back along 47th Street against the traffic, when he was already in his house some 50 metres beyond the site of the incident. A short, fat white man got out of the pick-up with a revolver in his hand and, without identifying himself, asked what had happened. He replied that he had been robbed of three million pesos, but the man with the revolver said that he could not do anything “because they had got away”.
     • Otoniel Gualdrón Ardila’s testimony was much the same as the above, with the addition that, after the incident, he realised that his blue Kia Sportage (Florida registration number FLI 389) had apparently been hit by two bullets, one of them in the front right tyre which it punctured and the other under the back stop-light. He had the tyre repaired at the El Trébol service station at 50-38 23rd Street, Colombia district, and the rear of the vehicle at a workshop opposite the CAS plant, attached.
     • Conclusions
     • From all the inquiries into the incident that occurred at the junction of 47th Street and 19th Avenue, near the Santo Thomas College in the Buenos Aires district of this city, on 22 August 2003, when there was an exchange of shots, the following conclusions can be drawn:
133. 1. The incident and its occurrence was a matter of chance, since it was a typical criminal act by common criminals against persons who minutes before had cashed a cheque for three million pesos at the Bancafe bank, just when, by coincidence, the abovementioned Toyota Prado pick-up (registration number OBF 304) assigned to the protection of CUT President Juan Carlos Galvis, was passing. Its occupants observed the incident occurring metres away from them, and took immediate action on seeing the shots fired by the criminals at the victims, firing their own weapons in the air. This caused the attackers to flee on their motorcycle with their helmets down, throwing away the weapon they had used in the crime.
134. 2. The incident was a matter of chance and was at no time an attempted murder as originally claimed by Mr. Juan Carlos Galvis and his bodyguards, Mr. Galvis’ assumption being that it was linked to his current office and union membership.
135. 3. As a result of the inquiries and the above, the explanation of the attempt on the life of Mr. Juan Carlos Galvis is wholly discredited, since the inquiries made and recorded in this report show that it was an attack by common criminals against José Libardo Santos Ardila, whom they robbed of three million pesos in cash.
     • It should be noted that in one part of the statement taken from José Libardo Santos Ardila, it is stated that moments after the incidents and when the car had set off in pursuit of the persons riding the black RX motorcycle, the men in the vehicle returned to the scene of the incident and asked Mr. Santos Ardila about the reasons for the incident. Mr. Santos Ardila told them what had happened. We do not understand why, when the bodyguards and Mr. Galvis knew the true facts, they gave the DAS and the Prosecutor’s Office a different version.
136. (6) Berta Lucy Dávila, member of the Risaralda Teachers’ Union (SER) in Risaralda, on 13 November 2003.
     • According to the Branch Directorate of the Prosecutor’s Offices of Pereira, Berta Lucy Dávila did not report the incident. However, the investigation into the gun-shot injuries is being conducted by the Minors Tribunal of Pereira, under File No. 480-03, as the perpetrators were three minors.
     • File No.:Branch:Investigating authority: 480-03Circuit Judge of PereiraMinors Tribunal No. 2
137. 690. The Government also provides information drawn from the consolidated investigation system, from which it appears that some of the cases listed were not found because not enough information was provided (e.g. date, location of the incident, full name of the victim of the crime, type of crime perpetrated against the person or against the organization of which he/she is a member or employee, data regarding the person who lodged the complaint).
     • Appendix I
     • Alleged acts of violence against trade union officials or members up to the Committee’s meeting of March 2002 for which the Government has not sent its observations or has not reported the initiation of investigations or judicial procedures
     • Murders
138. (1) Edison Ariel, 17 October 2000, SINTRAINAGRO;
139. (2) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo;
     • A search is being made for the file in the location indicated, but additional information on the case, such as cause of death and whether the incident took place in a rural or urban area, would be helpful.
140. (3) Ricardo Florez, member of SINTRAPALMA, 8 January 2001;
     • More information is required to locate the file: full name, precise location of the incident, cause of death.
141. (4) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches;
     • The report from the Branch Directorate of Prosecutor’s Offices of Bucaramanga mentions two homicides: Raúl Gil Ariza and Nilson Martínez Peña.
     • File No.:Branch:Investigating authority:Stage of investigation: 2365BucaramangaProsecutor’s Office No. 2suspended on 10 March 2001 and provisionally shelved
142. (5) Alberto Pedroza Lozada, 22 March 2001;
     • A search is being made for the file, but additional information on the case, such as the location of the incident, would be helpful in identifying the investigating authority.
143. (6) Ramón Antonio Jaramillo, prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region;
     • Given that the incident is described as a “massacre”, there must have been more victims. A search is being made for the file, but the system is unable to locate the case. Further information will be forthcoming once the file has been found, but it would be helpful to know the precise location of the incident.
144. (7) Armando Buitrago Moreno, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001;
     • File No.:Branch:Investigating authority:Stage of proceedings:Complainant:Location of incident: 570661BogotáProsecutor’s Office No. 34 (Life Unit)PreliminaryDomingo Tovar Arrieta69 A-05 55th Avenue Diagonal, Bogotá
145. (8) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL) on 2 July 2001 in Antioquia, by guerrilla forces;
     • File No.:Branch:Investigating authority:Stage of proceedings: 623996AntioquiaSpecialized Prosecutor’s Office No. 16preliminary, collection of evidence
146. (9) Prasmacio Arroyo, member of the Magdalena Teachers’ Union (SINTRASMAG), on 26 July 2001 in Magdalena;
     • File No.:Branch:Investigating authority:Stage of proceedings: 2350Santa MaríaProsecutor’s Office No. 29, El Plato branch, Magdalenapreliminary
147. (10) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga, by paramilitaries;
     • A search is being made for the file, but additional information on the incident would be helpful in identifying the investigating authority.
148. (11) Eliécer Orozco, FENSUAGRO, on 11 November 2001 in Ciénaga, by paramilitaries;
     • A search is being made for the file, but additional information on the incident, would be helpful in identifying the investigating authority.
149. (12) Herlinda Blando, member of the Union of Teachers and Lecturers of Boyacá, on 1 December 2001 in Boyacá, by paramilitaries;
     • Although it is not possible to establish whether it is the same person, the name of the victim appears as Herlinda Blanco de Peña, whose homicide is being investigated along with that of 14 others in an incident that occurred in the municipality of Labranza Grande, department of Boyacá, on 8 December 2001.
     • File No.:Branch:Investigating authority:Stage of proceedings: 1131DDHH and DIH National UnitSpecialized DDHH and DIH Prosecutor’s Office No. 23preliminary
150. (13) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001 in Antioquia;
     • Additional data (complete name of the victim, precise date and place of the incident) are requested, as the National Units alone have 12 investigations on file under the name given; the same is true of the Antioquia branch. The Government requests that this information be sent as soon as possible so that the matter can be followed up and the investigation pursued.
151. (14) Adolfo Flórez Rico, activist of the National Union of Workers in the Construction Industry (SINDICONS), on 7 February 2002 in Antioquia, by paramilitaries;
     • The Branch Prosecutor’s Office is unable to locate the victim of members of his family who can provide any information, and there is no trace of his profession or official rank; moreover, the incident occurred on 7 June 2002 in the municipality of Saravena, department of Arauca, and not in Antioquia.
     • File No.:Branch:Investigating authority:Stage of proceedings: 64553CúcutaProsecutor’s Office No. 1, Saravena branch, Araucainhibitory from 20 April 2004
152. (15) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002 in Tolima, by paramilitaries;
     • The victim, an INPEC official, was murdered on 15 February 2002, when he and his colleague Meneses were transferring a prison inmate, who was rescued by the murderers.
     • File No.:Branch:Investigating authority: 60086Bogotá National Terrorism Unit (UNT)Specialized UNT Unit No. 20
153. (16) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002 in Tolima, by paramilitaries;
     • The victim (full name Denis Oswaldo Páez, identity card No. 88.252.383, official of INPEC) was murdered on 15 February 2002, when he and his colleague González were transferring a prison inmate, who was rescued by the murderers.
     • File No.:Branch:Investigating authority:Stage of proceedings:Defendant: 60086Bogotá National Terrorism Unit (UNT)Specialized UNT Unit No. 20trial (6th Special Judge, Bogotá)John Freddy Jiménez López
154. (17) María Meza Pabón, member of EDUMAG, on 11 August 2000, in Pivijay, Department of Magdalena;
     • File No.:Branch:Investigating authority:Stage of proceedings: 1035Santa MariaMagdalena Foundation Branch No. 27suspended from 10 July 2001
155. (18) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín;
     • No trace of this incident has been found in the Medellín branch, and more information is therefore required (precise location and cause of death). The search is continuing in the other branches, such as Antioquia.
156. (19) Miguel Acosta García, member of EDUMAG, on 13 April 2002, in Aracataca, Department of Magdalena;
     • File No.:Branch:Investigating authority:Stage of proceedings: 1419Santa MariaMagdalena Foundation Branch No. 27suspended from 3 January 2003
157. (20) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta;
     • A search is being made for the relevant investigation in the Villavicencio branch, the outcome of which will be communicated as soon as possible; more information (location of the incident and method of homicide) is requested to pursue the search
158. (21) José del Carmen Lobos, member of ADEC, on 15 October 2002 in Bogotá;
     • A search is being made for the relevant investigation, the outcome of which will be communicated as soon as possible.
159. (22) Edgar Rodríguez Guaracas member of ADEC, on 15 October 2002 in Bogotá:
     • A search is being made for the relevant investigation, the outcome of which will be communicated as soon as possible.
160. (23) Cecilia Gómez Córdoba, member of SIMANA, on 20 November 2002, in El Talón de Gómez, Department of Nariño.
     • A search is being made for the relevant investigation, the outcome of which will be communicated as soon as possible
     • Abductions and disappearances
161. (1) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, town of Cali;
     • File No.:Branch:Investigating authority:Stage of proceedings: 39CaliBranch Unitpreliminary
162. (2) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001.
     • The location of the incident is needed to identify the file. Information is also requested, if possible, on whether a complaint was lodged and, if so, on the place and authority with which it was lodged.
     • Attempted murders
163. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000. The CGTD provided the Government with the necessary information but there is no investigation;
     • The branch directorate of the Prosecutor’s Office reports that, after consulting all the Prosecutor’s Offices covered by them and by the Judicial Information System of the Public Prosecutor’s Office (SIJUF), no trace has been found of any investigation connected with this incident. More data are required to determine whether judicial proceedings have to be initiated.
164. On 26 May 2003 Julio Roberto Gómez and Cérvulo Bautisto, respectively Secretary-General and Assistant Secretary-General for Prosecutions, responded to communications DH 14010 of 15 April and DH 108 and 110 of 23 April 2003 in the following terms: “In response to your communication DH 14010 of 15 April 2003, at 8 p.m. on Tuesday, 26 December 2000, César Andrés Ortiz (identity card No. 80.231.875 of Bogotá), who was then 21 years old and employed as a messenger for the National Institute of Social Studies (INES) and coordinator of the CGTD Infant-Juvenile Group in the city of Bolívar, was shot by unknown assailants near his residence in Juán Pablo II district. Despite surgery after the incident, he was rendered paraplegic for life and can now only move around in a wheelchair.”
     • The Public Prosecutor’s Office reported in May 2004 that a further search of the consolidated investigation system has again failed to locate any investigation into this incident. More information is required (location of the incident, method of attack, or copy of the information allegedly submitted or name of the body to which it was submitted) so that a further search can be made or proceedings initiated.
165. (2) The national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002 in Bogotá.
     • Information concerning the name of the victims, location of the incident and method employed are required to locate the investigation being carried out.
     • Death threats
166. (1) Giovanni Uyazán Sánchez;
     • More information is required (place and date of the incident, type of threat, whether or not a complaint was lodged) so that a proper search of the system can be made.
167. (2) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers;
     • Several investigations are under way, but the victim is identified as Reinaldo Villegas Villalba (investigation conducted by the National Unit).
168. (3) against SINTRHOINCOL workers on 9 July 2001;
     • The victim’s full names or the name of the person who reported the incident are required to establish whether an investigation is under way.
169. (4) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
     • The Government requests information regarding the location of the incident and the method used, and the name of the person who reported the incident or the authority to which it was reported.
170. (5) against trade union officials in Yumbo;
     • The full names of the victims and the name of the person who reported the incident are required to establish whether an investigation is under way and the name of the investigating authority.
171. (6) the headquarters of SINTRAHOINCOL;
     • Information is required concerning the city, location and date of the incident, and the type of threat involved.
172. (7) Gerardo González Muñoz, member of FENSUAGRO-CUT;
     • File No.:Branch:Investigating authority:Stage of proceedings: 59361Bogotá National Terrorism Unit (UNT)Specialized UNT Unit No. 16 preliminary
173. (8) workers and members of the Arauca Power Company, by paramilitaries;
     • Information is required (place and date of the incident, name of the persons who have received death threats and, if possible, the complaint lodged) in order to locate and follow up the investigation.
174. (9) in Arauca, activists of the Arauca Educators’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC).
     • Information is requested (place and date of the incident, name of the persons who have received death threats and, if possible, the complaint lodged) in order to locate and follow up the investigation. No trace of the incident has been found at the Cucutá branch; however, the Valledupar branch has the following file on record:
     • File No.:Branch:Investigating authority:Stage of proceedings:Complainant:Crime: 134743ValleduparProsecutor’s Office No. 14inhibitory from 13 December 2001, on the grounds that the incident never took placeYesid Camacho Jiménezthreats
     • Harassment
175. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
     • Information is required concerning the location and date of the incident, whether or not the incident was reported and, if so, the Prosecutor’s Office or police station to which it was reported.
176. (2) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2000.
     • Information is required on whether the incident was reported, the location of the incident and the form the harassment took, in order to determine the category of crime.
177. 691. On 28 October 2004, the Government transmitted a list containing supplemental information on the progress made in the following inquiries:
     • Name of the victim Date of the events State of the case
     • Day Month Year
     • Arango Mejía César 24 8 2001 Deceased due to Herat disease cardiac arrest. He was not affiliated to ASONAL JUDICIAL
     • Beltrán Sepúlveda José 20 11 2002 Case in process of judgement (there is no data about the responsible people)
     • Boada Palencia José Ignacio 17 4 1998 Judgement in process. There is a suspected person absent.
     • Borja Clavijo Bertulfo 30 4 2002 Error. He was not assassinated and is still at work.
     • Carbono Maldonado Javier Jonás 9 6 2000 In process of investigation, preventive detention.
     • Charris Ariza Manuel Enrique 11 6 2001 At the investigation stage with an arrest and preventive detention.
     • Coiran Luis Enrique 19 6 2002 At the investigation stage with a suspected responsible linked to the case.
     • Colmenares Agustín 26 4 2002 At the preliminary investigation stage with suspected responsible persons from the Fifth Front of the FARC.
     • Delgado Valencia Oscar Jaime 4 2 2002 Judgement in process. The person who committed the crime has been convicted to 28 years’ imprisonment.
     • Díaz Aristizabal Jorge Ariel 13 10 2002 At the process of investigation against members of the army.
     • Echeverri Pérez Cristina 15 2 2002 Judgement in progress. Several persons convicted and one more related to the case has been arrested.
     • Espinel Rubio Luis Miguel 15 7 2001 Judgement in process (no data available about the responsible person).
     • Girón Campos Abigail 22 8 2002 At the stage of investigation with one person related to the crime.
     • González Jorge Eliecer 25 11 2001 At the stage of investigation with two persons related to the crime and a third one arrested and condemned to preventive detention.
     • Hernández Porras Rito 27 9 2003 Was not a trade unionist. Judgement in progress with decision of accusation.
     • Jaimes Torra Rafael 20 3 2002 Six suspected responsible persons detained, one of them is being judged. The remaining investigation is in progress.
     • Ledesma Albeiro 26 4 2002 At the preliminary stage of investigation with a suspected responsible, the Fifth Front of the FACT.
     • López Cáceres Hugo 14 8 2001 Died of pneumonia.
     • Lora Gómez Miguel 9 9 2002 At the instruction stage with one person related to the facts. In the procedure there is no proof of affiliation to a trade union organization.
     • Marín Jhon Fredy 18 4 2002 At the stage of investigation.
     • Martínez Alberto 26 4 2002 At the preliminary investigation stage with the suspected responsibility of the Fifth Front of the FARC
     • Mena Alvarez José Fernando 10 10 2002 Judgement in progress with a responsible person convicted (recognized the accusations).
     • Mesa Antonio 25 9 2001 Judgement in progress.
     • Montañés Buitrago Manuel Alberto 25 2 2002 At the instruction stage with a decision of accusation.
     • Mora Gómez Reynaldo 14 6 2000 Judgement in progress with two suspected responsible persons identified.
     • Obando Aguirre Fabio Antonio 14 7 2002 At the investigation stage with one suspected responsible linked to the case. Order of detention against him.
     • Olaya Fernando 12 5 2002 At the investigation stage with a suspected responsible person linked to the case, investigation pending.
     • Ospina Ríos Hugo 26 2 2002 At the investigation stage, an order of arrest and a detention.
     • Pavón Bertilda 2 1 2002 Judgement in progress with conviction.
     • Payares Oscar de Jesús 6 9 2002 At the investigation stage, two persons linked to the case.
     • Pineda Rafael 8 9 2001 At the investigation stage with a suspected responsible person (absent) identified.
     • Pungo Carmenza 2 9 2001 At the investigation stage with a suspected responsible person and an order of detention.
     • Quintero Sandra Liliana 16 3 2002 At the investigation stage with a suspected responsible person, pending decision on his legal status.
     • Rodríguez Jacobo 18 9 2001 At the investigation stage, judgement active.
     • Salazar Gonzalo 24 11 2001 Judgement in progress. Request of advanced sentence.
     • Sánchez Coronel Carmen Emilio 5 8 2002 Judgment in progress.
     • Segura Cortés Miguel 29 4 2002 Error. He was not assassinated, still at his workplace.
     • Sepúlveda Juan 26 4 2002 At the stage of preliminary investigation, suspected responsibility of the Fifth Front of the FARC
     • Sierra Vargas Diofanol 8 4 2002 At the investigation stage with two persons linked to the investigation.
     • Suárez Betancourt Florentino 7 5 2000 At the investigation stage against the higher command of the FARC.
178. 692. Concerning the security and protection measures for trade unionists, the Government continued to pursue its protection policy for vulnerable groups and allocated addition resources to its protection programme for persons at risk. The programme, which is run by the Human Rights Directorate of the Ministry of the Interior and Justice and involves several government bodies, is designed to safeguard the life, physical integrity, safety or freedom of persons who are at risk because they have received threats from illegal armed groups. The Government has passed several decrees defining the people covered by the programme as:
     • n officials and activists of political groups, especially opposition groups, social, civic and communal groups, craft, trade union, peasant and ethnic groups, NGOs, human rights groups, and witnesses of violations of human rights and international humanitarian law;
     • n officials and members of the Patriotic Union and Colombian Communist Party (UP-PCC);
     • n journalists and social communicators;
     • n mayors, councillors, deputies and spokespersons;
     • n medical mission (a committee on medical missions was included in Act No. 782 of 2002, but has yet to be established. At present, the medical mission is covered by the protection programme for officials and members of trade union organizations).
179. 693. The protection programme provides for political and security measures for persons at risk. The political measures include public recognition of the legitimacy of activities concerned with the defence of human rights and a rapprochement between the State and civil society by means of inter-institutional coordination meetings at the local, central and departmental levels. The security schemes may be soft, involving communications equipment, humanitarian assistance and temporary relocation, national air tickets, transport and furniture removal, or hard, in the form of security perimeters and armoured vehicle, mobile protection schemes, bullet-proof jackets and international air tickets.
180. 694. The Risk Assessment and Control Committees (CRER), which deal with requests for protection, met 52 times in 2003: 24 times to consider officials and activists of political groups, social, civic, craft and trade union organizations, ethnic groups, human rights organizations and witnesses of violations; ten for officials, members and survivors of the UP-PCC; nine for journalists and social communicators; and nine for mayors, councillors, deputies and spokespersons.
181. 695. In order to meets the requests for protection, the budget was increased by 22 per cent between 2002 and 2003. In 2003 the programme spent 36.648 million pesos, 33.955 million pesos of which were for the year concerned and 2.693 million pesos to cover the arrears for the previous fiscal year. The budget for 2003 was 31.693 million pesos from the national budget (86 per cent) and 4.955 million pesos from international cooperation (14 per cent).
     • Financial progress of the protection programme 1999-2003
     • Year National budget International cooperation USAID Total Percentage increase over previous year
182. 1999 4 520 000 0 4 520.000 0
183. 2000 3 605 015 0 3 605.015 -20
184. 2001 17 828 455 4 095 000 21 923 455 508
185. 2002 26 064 000 4 043 995 30 107 995 37
186. 2003 * 31 692 925 4 954 955 36 647 880 22
     • Total 83 710 395 13 093 950 96 804. 45
     • *Including resources for fiscal year 2002.Source: Ministry of the Interior and Justice.
187. 696. The vulnerable population on which the largest share of the budget was spent in 2003 was that of trade union members with 56 per cent, followed by the members of NGOs with 17 per cent, UP-PCC officials with 13 per cent, human rights officials with 6 per cent, mayors, councillors, deputies and spokespersons with 6 per cent and journalists with 1 per cent. The record of direct beneficiaries shows that, as proposed in the goals and commitments of the Development Plan, there was an increase of 7 per cent in the number of beneficiaries in 2003 over previous years.
     • Budget share by target group (2003)
     • Group Total
     • Mayors, councillors, deputies and spokespersons 2 239 281
     • Trade unions 20 223 994
     • NGOs 6 806 670
     • Leaders and witnesses 2 067 492
       • UP-PCC 4 800 141
     • Journalists 510 302
     • Total 36 647 880
     • Source: Ministry of the Interior and Justice.
     • Number of people benefiting from direct protection measures, 1999-2003
     • Group
     • Year Trade unions NGOs Human rights officials and witnesses UP-PCC Journalists Mayors, councillors, deputies and spokespersons Total
188. 1999 84 50 43 0 0 0 177
189. 2000 375 224 190 77 14 0 880
190. 2001 1.043 537 327 378 69 0 2 354
191. 2002 1 566 1 007 699 775 168 642 4 857
192. 2003 1 424 1 215 456 423 71 1 632 5 221
     • Total 4 492 3 033 1 715 1 653 322 2 274 13 489
     • Source: Ministry of the Interior and Justice.
193. 697. In 2003, 36.647 million pesos of the budget disbursed (81 per cent of the resources available) were spent on hard measures, 18 per cent on soft measures and 1 per cent on operating costs. Of the resources allocated to hard measures, 86 per cent was spent on the acquisition and implementation of mobile protection schemes, 11 per cent on transport support, 6 per cent on the installation of security perimeters, 2 per cent on bullet-proof jackets and 1 per cent on international air tickets. Percentage expenditure on soft measures was 50 per cent on communications equipment, 40 per cent on temporary relocation support and 10 per cent on national air tickets.
194. 698. The protection programme currently comprises 349 protection schemes or measures. Of these 283 are mobile protection schemes and 66 are transport support schemes, which were approved between 2000 and 2003; 211 schemes are for the protection of trade unionists, 36 for UP-CCP members, 68 for human rights NGOs, 25 for social leaders, six for mayors and three for journalists.
195. 699. In 2003 the protection programme for trade unionists covered 2,633 people, including 1,424 beneficiaries of direct protection measures and 1,209 beneficiaries of extension measures, for a total cost of 20.223 million pesos.
     • Outcome of the protection programme for the group of trade union members, 2003*
     • Activity Number
     • Number of meetings of the CRER 24
     • Measures involving armoured vehicles and high-level perimeters 30
     • Mobile schemes 40
     • Communications network (number of mobile telephones and Avantel radios) 789
     • Temporary relocation assistance 244
     • National air tickets 172
     • *Data as at 15 December 2003.Source: Ministry of the Interior and Justice.
196. 700. The fact that trade unionists are the vulnerable population that benefits most from hard protection measures explains in part the very significant reduction in the number of human rights violations perpetrated against them.
197. 701. As a complementary measure, the Working Plan of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights came into force on 15 January 2003. The Plan provides for two working groups: the first is responsible for the promotion and protection of freedom of association and the right to organize, to negotiate and to conclude collective agreements and to strike; the second is responsible for justice, the protection of workers’ human rights and the prevention of their violation. The operational activities of the Commission and its Technical Secretariat involve the implementation of all the measures and activities set out in the Working Plan, agreed upon and subscribed to by the Vice-President of the Republic, the Minister of Social Welfare, representatives of enterprises and the presidents of the most representative trade union federations, among others.
198. 702. In carrying out its responsibilities and commitments, the Commission fosters conflict resolution meetings through round tables for social dialogue, conflict resolution, consultation and promotion of the human and fundamental working rights of trade unionists.
199. 703. In 2003 round tables were accordingly organized in Barranquilla, Barrancabermeja and Valledupar, attended by representatives of the Government, enterprises and union organizations, who agreed on measures and commitments with a view to preventing violations of human rights, the protection of union officials who are at risk, the follow-up and pursuit of penal investigations and guarantee mechanisms for the exercise of freedom of association and the follow-up of the measures agreed upon, inter alia.
200. 704. Similar meetings were held during the first two months of 2004 in Medellín, Cali, Pereira, Bucaramanga and Arauca.
201. 705. The Government states that work is continuing on the development and implementation of the Working Plan of the Inter-Institutional Commission for the Promotion and Protection of Worker’s Rights. The follow-up of each of the activities agreed upon by the Government and the trade union organizations is presented below.
202. 706. The Government refers to the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights.
     • Assessment and follow-up of the Working Plan
     • Activities of Working Group No. 1:
     • Protection of human rights and prevention of violations
     • Activity No. 1. Monitor and evaluate the risk assessment programmes and systems and make recommendations for the development of an efficient protection programme for workers whose union activities put them at risk.
     • In the short term an effort shall be made to accelerate protection arrangements and implement those already approved.
     • Promote the immediate relocation of state and non-state workers who have been threatened, and make arrangements with the central authority for the prompt allocation of the necessary financial resources to implement these measures. Account must also be taken of the role that local authorities must play in the matter of protection.
       • Sub-activities
     • (1) Guarantee the existence of a permanent and efficient protection programme for union officials who have been threatened.
     • Implementation
     • As indicated before, the protection programme run by the Ministry of the Interior and Justice — DDHH and DIH Directorate — is already under way and, during the current presidency, has been strengthened in a variety of ways, in terms of financing, budget and institutional development.
203. (2) Analyse and evaluate state policies as regards protection. Promote consultation in respect of state policies and of the adoption of protection measures for workers in both the public and the private sector.
     • Following an external evaluation of the protection programmes, a working group was set up consisting of representatives of the members of the Risk Assessment Committees and of the target population, in order to implement the recommendations of the its assessments Progress has thus been made and agreement reached on state policy guidelines in the following areas:
       • (a) The decree was adopted governing the Risk Assessment and Control Committees of the protection programme for trade union, social and human rights leaders.
       • (b) Consultations are currently being held on the decree governing the protection programme, and have reached the final debate stage.
     • (3) Arrangement are being made with the competent authorities (DAS, Treasury, National Planning Department, etc.) for the allocation of the necessary resources for the operation of the protection programme.
     • The allocation of the necessary resources for the operation of the protection programme has been requested through the Risk Assessment and Control Committees and the Human Rights Directorate of the Ministry of the Interior and Justice. The request shows a significant increase both in the resources specifically earmarked for the programme and in those deriving from international cooperation, as will be illustrated in the section “Trade union protection” below.
204. (4) Presentation of periodic reports by the Ministry of the Interior and Justice, on state protection policies and the corresponding measures adopted, to the Inter-Institutional Commission for their analysis and evaluation, the formulation of recommendations and monitoring.
     • Through the Ministry of the Interior and Justice and the Presidential Programme on Human Rights, the Government has presented several reports on the Programme as regards state policies and assessments, which have been publicised through various media and in a number of national and international forums, thus fulfilling its undertaking to render an account of its activities.
205. (5) Make arrangements with the Ministry of the Interior and Justice and the DAS for the implementation (effective delivery) of the mobile protection schemes that have been approved, as a matter of priority.
     • All the mobile protection schemes that had been approved but not implemented were assigned priority status.
206. (6) Encourage the decentralization of state policies in respect of human rights, particularly as regards the protection of union leaders and officials. Hold regular meeting of state, municipal and departmental bodies and union officials in order to develop protection measures.
     • The Presidential Programme on Human Rights and the Ministry of the Interior and Justice are currently working on the decentralization of the Government’s policies in respect of human rights, notably as regards the prevention of violations, protection and guarantee of workers’ human rights and freedom of association. The protection programme has also held a number of meetings in the various departments of the country, as will be indicated below.
207. (7) Issue of presidential guidelines recognising the importance of trade union activities and the duty of the civilian, military and police authorities to protect members of trade unions at the local and national level, and providing for sanctions for public servants who fail to do so.
     • Ministerial Decree No. 9 was issued on 9 July 2003, in which the Ministry of National Defence orders the security forces to protect workers and union officials and to guarantee the exercise of freedom of association.
     • Activity No. 2. Conduct national and regional information campaigns on workers’ human rights. These campaigns shall be conducted through civil education, seminars and other human rights information and promotional activities. Public awareness campaigns shall also be undertaken through various media, as well as regular conflict resolution meetings in priority and high-risk areas for workers.
       • Sub-activities
     • (1) Devise and publish a leaflet on workers’ human rights for distribution at the municipal and regional level, and design information material for the same purpose.
     • Development
     • The first section of the leaflet on workers’ human rights is in the process of being designed, illustrated and published by the trade union federations and NGOs and has been approved by the Government.
208. (2) Hold eight regional training seminars on human rights with the participation of the local authorities, the police, the Public Prosecutor’s Office and the entrepreneurial sector.
     • This activity is being developed as part of the conflict resolution and social dialogue events (round tables) with the social partners, under the sponsorship of the Ministry of Social Welfare and the Office of the Vice-President of the Republic.
     • The idea of holding these round tables stems not only from the Working Plan of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights, but also from Colombia’s commitments vis-à-vis the International Labour Organization (ILO).
     • The Government accordingly convened eight round tables between August 2003 and March 2004, with a high level of participation and extensive decision-making power, in the three departments of the country facing the biggest number of cases and difficulties in this area: Atlántico, Santander, Nariño, Valle del Cauca, Arauca, Risaralda and Antioquia. Other round tables will shortly be held in the departments of Caldas, Quindío, Tolima, Huila, Sucre, Córdoba, Guajira, North Santander and Cundinamarca.
     • Invitations to attend these round tables were sent to relevant Government institutions, entrepreneurs, trade union organizations, the police force and social organizations, with a view to compiling and debating ideas, complaints, concerns and proposals in the field of human rights and fundamental labour rights, as a basis for future action and undertakings in this area.
     • The round tables have already adopted commitments in respect of the prevention of human rights violations, the protection of union officials at risk, the holding and follow-up of penal investigations, measures designed to guarantee the exercise of freedom of association, inter alia, and machinery for following up the activities agreed upon.
     • Activity No. 3. Promote and monitor the adoption of follow-up measures in respect of the recommendations of the United Nations High Commission for Human Rights and other international bodies in the field of justice, prevention and the protection of workers’ human rights.
       • Sub-activities
     • Monitoring, by a special unit of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights, of the measures adopted by international protection institutions.
     • Implementation
     • Through the Ministry of Social Welfare the Government has devised a work plan with the Office of the High Commissioner for following up its recommendations, including those related to workers’ human rights, and has prepared reports on the subject. Under the Presidential Programme, several meetings have also been held with the Office of the High Commissioner to discuss specific state policies on the subject. The most important of these concerned the way the hard protection schemes should be handled as regards the beneficiaries’ bodyguards. The Vice-President and the Republic and the Minister of the Interior and Justice have submitted a proposal to the trade union federations which is currently under discussion.
     • Activity No. 4. Ensure that the aforementioned directorate takes into account the recommendations of the Committee on Freedom of Association of the Governing Body of the ILO on Case No. 1787, the observations of the Committee of Experts on Conventions and Resolutions and the conclusions of the Committee on Standards of the International Labour Conference.
     • Adoption of recommendations for the submission of reports on Case No. 1787 to the ILO.
     • Through the Ministry of Social Welfare, the Government has duly submitted the reports requested by the Committee on Freedom of Association regarding Case No. 1787. Every three months the Ministry of Social Welfare reports to the Committee on the general situation, and specifically on trade union violence in the country and all violations of the human rights of trade union members and leaders who have suffered any kind of attack on their life and/or physical integrity. The Government has thus scrupulously complied with its duty to provide periodic reports on the situation of the trade union movement in Colombia and on the violations that it faces.
     • Activity No. 5. Adopt follow-up measures for recommendations arising from the Ministry of the Interior and Justice’s external evaluation of its protection programme, with the assistance of the Office of the High Commission for Human Rights in Colombia and the delegation of the ILO.
       • Sub-activities
     • Presentation of the recommendations adopted by the CRER to the Inter-Institutional Commission for the Promotion and Protection of Workers’ Rights, for its information and evaluation.
     • Implementation
     • Regarding the adoption of these recommendations, a working group comprising representatives of the trade union federations and the Office of the High Commission in Colombia has been set up to facilitate consultation and agreement on the relevant measures to be adopted.
     • Periodic reports of the protection programme, with specific outcomes and statistics.
     • The Government has published national and international reports, with specific outcomes and statistics.
     • Activity No. 6. Design a programme for the prevention and monitoring of the risks faced by workers, including strategies and actions for the resolution of conflicts between the parties involved in labour disputes (authorities, entrepreneurs, workers), in order to avoid violence against union officials.
       • Sub-activities
     • Promote the decentralization of state human rights policies, especially as regards the prevention of violence against union leaders and officials. Hold periodic meetings among state, municipal and departmental institutions and trade union officials, in order to carry out preventive measures.
     • Implementation
     • This activity is being carried out through the round tables for social dialogue, conflict resolution, consultation and promotion of the human and fundamental working rights of trade unionists.
     • A quick-response system headed by the Ministry of the Interior and Justice is to be developed in close coordination with the Ombudsman, with a view to the prevention of violations of the human rights of trade union officials.
     • The Ministry of the Interior and Justice has designed a draft quick-response system (emergency centre) in order to forestall possible violations of the human rights of workers and trade union leaders; the implementation and operation of the system is currently being discussed in conjunction with international cooperation institutions.
     • Activity No. 7. Maintain an up-to-date data base on violations of workers’ human rights and ensure that such violations are followed up and punished systematically by the judiciary. Extend the data base to other kinds of violations, such as those suffered by workers who have been relocated in other parts of the country.
       • Sub-activities
     • Create and operate a data base on violations of workers’ human rights. Compile and enter the data into the data base systematically. Maintain the data base up to date.
     • Implementation
     • The Ministry of Social Welfare has a data base that is used to update and follow up systematically every violation of workers’ human rights. The Ministry submits periodic reports on the situation to national and international institutions and circulates them in various forums, such as conflict resolution and social dialogue events, in order to clarify the situation in specific cases.
     • Activity No. 8. Take all necessary action to compensate the families of victims of violations of workers’ human rights.
       • Sub-activities
     • Analyse the psychosocial, family and organizational consequences for the victims of violations of workers’ human rights. Recommend to the relevant authorities the creation of a social investment programme in municipalities where the members of a specific trade union have been the victims of human rights violations. Submit a bill to amend Act No. 288/96 so that it applies not only to cases regarding which explicit decisions have been taken by international human rights agencies but also to all cases of violation of human rights. Prepare and propose to the relevant legislative authorities a bill requiring the Government to establish a special fund for compensating the victims, families and trade union organizations whose fundamental rights have been violated.
     • Implementation
     • The sub-activities proposed are being discussed by the trade union federations and social organizations that are members of the Inter-Institutional Commission. As a preliminary step the Presidential Programme was asked to prepare a document analysing international and national standards, the principles of international law and international doctrine and jurisprudence on the subject of compensation, so as to be able to present specific proposals for action. The document was drafted by the programme and is currently being debated (it has already been discussed) by the technical secretariat of the Inter-Institutional Commission and in its plenary assembly. Specific proposals have been made to resolve the matter.
     • Activity No. 9. On the basis of the foregoing, conduct a review of existing cases and obstacles to justice and make recommendations aimed at accelerating their investigation. A team of lawyers shall be set up to review the process from the technical standpoint.
       • Sub-activities
     • (1) Set up the team of lawyers so that they can pursue the investigation of existing cases.
     • Implementation
     • No agreement has been reached by the Inter-Institutional Commission on the matter. There are two proposals, that of the Government and that of the trade union federations and social and human rights organizations. The Government has already earmarked resources from the national budget for the purpose and is very keen to reach an agreement so that they are not wasted. A proposal to recruit lawyers to review the cases has accordingly been submitted to the Inter-Institutional Commission by the trade union organizations and NGOs. The Government has submitted a counter-proposal. So far no agreement has been reached. However, the Government is studying means of complying with the commitment in such a way that, on the one hand, the aims and proposals of the agreement can be met and, on the other, the resources earmarked under the national budget are not lost at the end of the fiscal year.
209. (2) Fix guidelines for the selection of a sample of cases and for the work plan and methodology to be drawn up by the team.
     • Implementation
     • This sub-activity was carried out through the proposal and counter–proposal presented by the trade union federations and the government to pursue and follow up the violations of the human rights of union leaders and officials that are being investigated by the Public Prosecutor’s Office. Agreement as was reached on the methodology for selecting the 100 sample cases whose follow-up will be reviewed by the team of lawyers to be recruited for the purpose.
210. (3) Selection of sample cases of penal, disciplinary and judicial investigations to be reviewed by the team of lawyers.
     • The Ministry of Social Welfare and the Public Prosecutor’s Office have presented a selection of cases to be pursued and followed up to the trade union federations and human rights social organizations. Agreement has been reached on the cases to be pursued, but the Government is awaiting the Commission’s decision regarding the recruitment of lawyers.
211. (4) Have the Special Committee on Accelerating Investigations into Violations of Human Rights review the penal investigations being conducted by the Human Rights Unit.
     • The Special Committee on Accelerating Investigations into Violations of Human Rights and the DIH approved the pursuit and follow-up of 10 penal and disciplinary investigations, i.e. 10 per cent of the cases selected for the Special Committee by the Presidential Programme on Human Rights, the Public Prosecutor’s Office and the Ministry of Social Welfare, on the basis of criteria agreed upon with the trade union federations and the human rights social organizations. The penal and disciplinary investigations that have been given priority concern union leaders of national and regional central bodies such as the CUT, USO, ANTHOC, SINTRAOFAN, SINTRAISS, these being of particular concern to union officials and for the national and international community of human rights lawyers.
212. (5) Request the Public Prosecutor’s Office to draw up a general report on its policy as regards the follow-up of cases of violation of workers’ human rights.
     • The Ministry of Social Welfare submits periodic reports on the state of investigations in accordance with information supplied by the Public Prosecutor’s Office; this information in turn is transmitted to the International Labour Organization, as required with regard to Case No. 1787 which is before the Committee on Freedom of Association.
     • Activities of Working Group No. 2:
     • Freedom of association, right to strike and to form trade unions
     • Activity No. 2. Promote workers’ fundamental human rights as laid down in international law on human rights, the Conventions and Recommendations of the International Labour Organization and the Constitution and laws of Colombia.
       • Sub-activities
     • (1) Prepare and publish a leaflet on freedom of association for distribution at the municipal and regional level, and design information material for the same purpose.
     • Implementation
     • The first section of the leaflet on workers’ human rights, based on a draft prepared by the trade union federations and NGOs and approved by the Government, is in the process of being designed, illustrated and published.
213. (2) Hold eight regional training seminars on freedom of association with the participation of the local authorities, the police, the Public Prosecutor’s Office and the entrepreneurial sector.
     • This activity is already being carried out through the round tables for social dialogue, conflict resolution, consultation and promotion of the human and fundamental working rights of trade union members and leaders, which have been taking place since August 2003 with the Vice-President of the Republic and the Minister of Social Welfare in the departmental capitals with the most serious problems of trade union violence and the largest number of labour disputes between enterprises and trade unions.
     • Activity No. 3. Organize conflict resolution meetings among the social partners in areas where social conflict is greatest, so as to strengthen the trade union movement and encourage new forms of organization in accordance with the new models of production and recruitment.
       • Sub-activities
     • (1) Periodic meetings of employers, workers and state institutions for the purpose of devising conflict resolution and collective bargaining strategies and measures and of promoting the implementation at the regional level of state policies in respect of freedom of association.
     • Implementation
     • This activity is already being carried out through the round tables for social dialogue, conflict resolution, consultation and promotion of the human and fundamental working rights of trade union members and leaders, which have been taking place since August 2003 with the Vice-President of the Republic and the Minister of Social Welfare in the departmental capitals with the most serious problems of trade union violence and the largest number of labour disputes between enterprises and trade unions.
       • (h) As regards recommendation (h) of the Committee on Freedom of Association, the Government the Government submits a report on the current state of negotiations with EMCALI.
     • 707. The Government sent observations on the allegations listed in the section “New allegations” in the 333rd Report of the Committee.
     • Murders
214. (1) Ricardo Barragán Ortega, member of SINTRAEMCALI.
     • Homicide: 16 January 2004
     • Place: Cali
     • Stage: preliminary and active
     • Branch: Cali
     • Investigating authority: Prosecutor’s Office No. 26, Cali branch
     • File No.: 627693
215. (2) Alvaro Grandados Rativa, Vice-President of the Construction Industry and Materials Workers’ Union (SUTIMAC).
     • Homicide. 8 February 2004
     • Place: Bogotá
     • Stage: preliminary and active, collection of evidence
     • Investigating authority: Prosecutor’s Office No. 31
     • File No.: 743989
216. (3) Yesid Chicangana, member of the Cauca Teachers’ Association (ASOINCA).
     • Homicide: 9 February 2004
     • Place: Santander de Quilichao
     • Stage: preliminary and active
     • Branch: Popayán
     • Investigating authority: Prosecutor’s Office No. 2, Santander de Quilichao branch
     • File No.: 14403
217. (4) Yaneth del Socorro, Member of the Antioquia Teachers’ Association (ADIDA).
     • Homicide: 15 February 2004
     • Place: Vereda Lejanías, municipality of Remedios
     • Stage: preliminary and active, collection of evidence
     • Branch Antioquia
     • Investigating authority: Prosecutor’s Office No. 110, Segovia, Antioquia, branch
     • File No.: 4439
218. (5) Camilo Kike Ascárate, official of the Fat, Vegetable Oil and Oleaginous Products Workers’ National Trade Union (SINTRAGRACO)
     • Homicide: 24 January 2004
     • Place: Buga
     • Stage: preliminary and active
     • Branch: Buga
     • Investigating authority: Prosecutor’s Office No. 2, Buga branch
     • File No.: 91550
219. (6) Carlos Raúl Ospina, Treasurer of the Union of Workers and Employees of Autonomous Public Services and Decentralized Institutes (SINTRAEMSDES)
     • Homicide: 24 February 2004
     • Place: Tulúa
     • Stage: preliminary and active, collection of evidence
     • Branch: Buga
     • Investigating authority: Prosecutor’s Office No. 33, Buga branch
     • File No.: 98910
     • No record of his having been a union member or of having been threatened.
220. (7) Ernesto Rincón Cárdenas, Information and Press Secretary, SINDIMAESTROS
     • Homicide: 27 January 2004
     • Place: Caldas
     • Stage: preliminary and active
     • Branch: Tunja
     • Investigating authority: Prosecutor’s Office No. 25, Chiquinquirá branch
     • File No.: 1395
221. (8) Luis José Torres Pérez, member of the National Association of Workers’ and Employees in Hospitals and Clinics (ANTHOC)
     • Homicide: 4 March 2004
     • Place: Barranquilla
     • Stage: preliminary and active
     • Branch:: Barranquilla
     • Investigating authority: Prosecutor’s Office No. 12, by delegation to the URI
     • File No.: 1371
222. (9) Daza Nieto Rosa Mary, member of the Cauca Teachers’ Association (ASOINCA)
     • Homicide: 15 March 2004
     • Place: district of Trujillo, Bolívar, Cauca
     • Stage: preliminary and active
     • Branch: Popayán
     • Investigating authority: Prosecutor’s Office, Bolívar, Cauca, branch
     • File No.: 2320
223. (10) Hugo Palacios Alvis
     • Homicide: 16 March 2004
     • Place: Vetulia y Since
     • Stage: preliminary and active
     • Branch: Sincelejo
     • Investigating authority: Prosecutor’s Office No. 9, Sincelejo branch
     • File No.: 43709
224. (11) Ana Elizabeth Toledo Rubiano, member of the Arauca Educators’ Association (ASEDAR)
     • Homicide: 18 March 2004
     • Place: district of Cano Separay, Tame
     • Stage: preliminary and active
     • Branch: Cúcuta
     • Investigating authority: Prosecutor’s Office, Single Tame branch
     • File No.: 86074
225. (12) Rafael Segundo Vergara Correa, member of the Cartagena Taxi Drivers’ Trade Union (SINTRACONTAXCAR)
     • Homicide: 22 March 2004
     • Place: municipality of Campestre and Milagro
     • Stage: preliminary and active
     • Branch: Cartagena
     • Investigating authority: Prosecutor’s Office No. 9, Cartagena branch
     • File No.: 142729
226. (13) Alexander Parra Díaz, member of the Boyacá Teachers’ Union (SINDIMAESTROS)
     • Homicide: 28 March 2004
     • Place: Chiquinquirá
     • Stage: preliminary and active
     • Branch: Tunja
     • Investigating authority: Prosecutor’s Office No. 22, Chiquinquirá branch
     • File No.: 68139
227. (14) Juan Javier Giraldo, member of the Antioquia Teachers’ Association (ADIDA)
     • Homicide: 1 April 2004
     • Place: Medellín
     • Stage: preliminary and active
     • Branch: Medellín
     • Investigating authority: Branch Prosecutor’s Office
     • File No.: 800867
228. (15) Carlos Alberto Chicaiza Betancourt, official of SINTRAEMSIRVA
     • Homicide: 15 April 2004
     • Place: Cali
     • Stage: preliminary and active
     • Branch: Cali
     • Investigating authority: Prosecutor’s Office No. 46
     • File No.: 650784
229. (16) José García, afiliado a FECODE
     • Homicide: 12 April 2004
     • Stage: preliminary, collection of evidence
     • Branch : Cúcuta
     • Investigating authority: Prosecutor’s Office, Single Tame branch
     • File No.: 86343
230. (17) Jorge Mario Giraldo Cardona
     • Homicide: 14 April 2004
     • Stage: preliminary, collection of evidence
     • Branch: Medellín
     • Investigating authority: Prosecutor’s Office No. 156
     • File No.: 77950
231. (18) Peréa Zúñiga Raúl, member of SINTRAMETAL
     • Homicide: 14 April 2004
     • Place: Cali
     • Stage: preliminary and active
     • Branch: Cali
     • Investigating authority: Prosecutor’s Office No. 23, JPCTO delegated branch
     • File No.: 651376
     • Abductions
232. (1) Luis Carlos Herrera Monsalve, Vice-President of ADEA
     • Abduction: 17 March 2004
     • Place: district of Los Sauces, municipality of Caicedo
     • Stage: preliminary and active
     • Branch: Medellín
     • Investigating authority: Specialized Prosecutor’s Office No. 48, Medellín
     • File No.: 799170
     • Threats
233. (1) Jesús Alfonso Naranjo, member of ANTHOC Executive Board
     • Threats: 16 January 2004
     • Place: Honda
     • Branch: Nacional
     • Investigating authority: DDHH-DIH National Unit
     • Stage: preliminary and active
     • File No.: 1059
234. (2) Mario Nel Mora Patiño, President of ANTHOC
     • Threats: 30 January 2001
     • Place: Ibagüé
     • Branch: Ibagüé
     • Stage: preliminary and active
     • File No.: 58375
235. (3) Domingo Tovar Arrieta
     • Threats: 24 March 2001
     • Branch: Bogotá
     • Investigating authority: Prosecutor’s Office No. 245
     • Stage: preliminary and active
     • File No.: 751299
236. (4) Yesid Plaza Escobar, National Union of Workers in Departmental Territorial Entities
     • Threats: 13 February 2004
     • Place: Bugalagrande
     • Branch: Buga
     • Investigating authority: Prosecutor’s Office No. 32
     • Stage: preliminary and active
     • File No.: 3313
237. 708. In its communications of 9 and 10 September 2004, the Government sent information communicated by the General Attorney of the Nation’s Office concerning trade union members Jorge Eduardo Prieto Chamucero, Leonel Goyeneche Goyeneche and Hector Alirio Martinez (according to the Army, those members were suspected to be part of the armed group ELN). On 5 August 2004, in the municipal territory of Saraneva, department of Arauca, the Brioso squad 4 of the Reveiz Pizarro mechanized group No. 18 circled the house inhabited by Jorge Eduardo Prieto Chamucero and his companion Maria Constanza Jairnes, where Leonel Goyeneche Goyeneche, Hector Alirio Martinez and Maria Raquel Castro were also spending the night. The three men were killed by several gun impacts. Afterwards, it has been confirmed that a warrant for arrest for the crime of rebellion existed against the three killed people and Maria Raquel Castro, issued by the Attorney No. 12 of the counter-terrorism unit of the special unit of Bogotá. It has also been established that Mr. Prieto Chamucero was the president of the Saravena National Association of hospital workers (ANTHOC), Mr. Goyeneche Goyeneche, treasurer of the Saraneva Unitarian Workers’ Trade Union and Mr. Martinez, president of the Departmental Association of Peasants (ADUC). The National Unit of Human Rights and Humanitarian International Law is the competent body for the investigation. The Specialized Attorney No. 27 went on the scene to make the investigations necessary to the clarification of the facts. By a resolution dated 6 September 2004, the pre-trial investigation was declared open and a National Army second lieutenant, two professional soldiers and an individual, who were the object of warrants for arrest, were put under examination. Moreover, the authorities have arrested Samuel Morales Florez and Raquel Castro for the crime of rebellion.
238. 709. Furthermore, the Government has obtained information about the arrest, on 11 August 2004 in Arauca, of two trade union members suspected of rebellion and delictual grouping: Weimar Cetina, affiliated to the ANTHOC trade union, a supposed member of the armed group ELN; and Juan Rueda Angarita, secretary of Arauca Services Trade Union, a supposed member of the armed group FARC.
239. 710. Additional information has also been received from the trade unions about the detention of four trade union members, operated in Saravena and Tame-Arauca during the second and third weeks of August, for rebellion and delictual grouping: Henri Meira, member of SINDESS, held prisoner in Saravena; Sergio Velasquez, member of SINDESS, held prisoner in Saravena; Fransisco Javier Castro, member of ANTHOC in Saravena and Luis Alfonso, member of ANTHOC in Tame. However, the National Public Prosecutor Office has declared that no information concerning the detention of those people can be found in the competent Attorney’s offices. The national and regional trade unions requested a meeting, which took place on 24 August in Arauca, with the central Government represented by the Vice-President of the Republic and different regional authorities. The meeting was a success on the base of an agreement relative to different measures for the protection of the trade unionism movement.
240. 711. The Government adds that the investigations concerning the murders of trade union member Luis Alberto Toro Colorado, Miguel Antonio Espinosa and Carmen Elisa Nova Fernandez (affiliated to SINTRACLINICAS) are now at the state of searching for evidence. The Government indicates that the examining judge of the case concerning Miguel Antonio Espinoza doubts that the homicide is due to his trade union member function because he had already exercised it ten years ago and, at the moment of the facts, he was a lawyer.

D. The Committee’s conclusions

1. 712. The Committee deeply deplores that the allegations submitted since the previous examination of the case in March 2004 include 42 murders (nine in 2003 and 33 in 2004), 17 threats, three abductions and disappearances, 11 arrests and two forced relocations.
2. 713. The Committee notes that the detailed information by the Government concerns some elements of the administrative and judicial investigations being conducted into the murders, disappearances and other acts of violence against trade union leaders set out in the section “New allegations” and in Appendix I of the 333rd Report of the Committee and concerning the recent allegations, as well as a list of the protection measures established for certain trade unions and regions which are particularly threatened. The Committee also notes that on this occasion the Government provides information on those instances where the victims had requested protection and whether such protection was granted.
3. 714. The Committee notes that once again the Government refutes the trade union membership of some of the victims who are listed below and in certain cases states that the information provided by the complainants is not sufficient to identify the Prosecutor’s Offices conducting the investigations and that the trade unions which had been asked for information had not replied. The Committee regrets that the complainant organizations have not provided further information regarding these victims and reiterates its request to the complainants in this regard. Furthermore, it requests the Government to provide more specifics on the information required.
4. 715. The Committee notes further that the Government has provided detailed information on the implementation and stage of the activities carried out by the Inter-institutional Commission on Workers’ Rights, an analysis of which is given below.
   • Information provided by the Government with respect to the allegations contained in the section “New allegations” in the 333rd Report of the Committee
5. 716. Concerning these allegations, which include 58 murders, one attempted abduction, three abductions, ten threats, two raids, two disappearances and six acts of violence, the Committee notes that the Government has provided information on a great number of them. It further notes that:
   • (a) concerning the 58 alleged murders:
     • – there have been no actual convictions;
     • – two investigations have reached the trial stage;
     • – four investigations are at the judicial proceedings stage;
     • – in one investigation, an inhibitory order was made;
   • – 51 investigations are at the preliminary stage; in 36 cases the Government states that the investigations are active, and in five cases that evidence is still being collected; in ten cases it is not clear whether they are still active;
   • (b) concerning the alleged attempted abduction of Ana Paulina Tovar González, daughter of the Director of Human Rights of the CUT, on 21 March 2003, the Government states that the investigation is at the preliminary stage;
   • (c) concerning the three alleged abductions:
     • – in the case of Luis Alberto Olaya, member of SUTEV, nothing is reported for lack of sufficient information;
     • – in the cases of John Jairo Iglesias and José Céspedes, the Government reports that they have been murdered and that the relevant investigations are at the preliminary stage and active;
     • – in the cases of Wilson Quinteros, Marco Antonio Rodríguez and Ricardo Espejo Céspedes, the Government reports that they have been murdered and that the relevant investigations are at the preliminary stage and active
   • (d) concerning the 10 alleged threats:
     • – in six cases the Government reports that the investigation is at the preliminary stage;
     • – regarding the threats against SINALTRAINAL on 14 March 2003, Leónidas Ruiz Mosquera, member of ASODEFENSA, Jorge León Sarasty Petrel, President of SINALTRACORPOICA and the workers of the Drummond enterprise, nothing is reported for lack of sufficient information;
     • The Government does, however, provide information on the protection measures provided for SINALTRAINAL at both its headquarters and its various branches, for the trade union organization ASODEFENSA and for union officials of RISARALDA.
   • (e) concerning the two alleged raids:
     • – in one case an inhibitory order was made;
     • – the other case is at the judicial proceedings stage;
   • (f) concerning the disappearance of Marlon Mina Gambi, son of Yesid Mina, both employed by ECOPETROL, nothing is reported for lack of sufficient information;
   • (g) concerning the six alleged murder attempts:
     • – the Government has sent information on five of the relevant investigations;
     • – regarding the attempted murder of Jairo Chávez, member of the Nariño Teachers’ Union, nothing is reported for lack of sufficient information.
     • Information provided by the Government with respect to the allegations found in Appendix I of the 331st Report (on which it had not communicated
     • its observations or on which it had not reported
     • that investigations had begun)
   • 717. The Committee notes the following information:
   • (a) concerning the 23 alleged murders:
     • – in one case an inhibitory order was made;
     • – four investigations are at the preliminary stage and active;
     • – three investigations have been suspended;
     • – in two cases persons have been charged;
     • – in 13 cases nothing is reported for lack of sufficient information;
   • (b) concerning the two alleged abductions and disappearances:
     • – one investigation is at the preliminary stage and active;
     • – in the other case nothing is reported for lack of sufficient information;
   • (c) concerning the two attempted murders, nothing is reported for lack of sufficient information;
   • (d) concerning the nine alleged death threats:
     • – one investigation is at the preliminary stage and active;
     • – in seven cases nothing is reported for lack of sufficient information;
     • – in one case an inhibitory order was made;
   • (e) concerning the two alleged instances of persecution, nothing is reported for lack of sufficient information.
     • The allegations mentioned in respect of which the Government does not have sufficient information are as follows:
   • (1) Edison Ariel, murdered on 17 October 2000, SINTRAINAGRO;
6. (2) Francisco Espadín Medina, murdered on 7 September 2000, SINTRAINAGRO;
7. (3) Ricardo Florez, murdered on 8 January 2000, SINTRAPALMA;
8. (4) Alberto Pedroza Lozada, murdered on 22 March 2001;
9. (5) Ramón Antonio Jaramillo murdered on 10 October 2001, in the Valle del Cauca, by paramilitaries, SINTRAEMSDES;
10. (6) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga by paramilitaries;
11. (7) Eliécer Orozco, murdered on 11 November 2001 in Ciénaga, by paramilitaries, FENSUAGRO;
12. (8) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001 in Antioquia;
13. (9) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín
14. (10) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta;
15. (11) José del Carmen Cobos, member of ADEC, on 15 October 2002, in Bogotá;
16. (12) Edgar Rodríguez Guaracas, member of ADEC, on 15 October 2002, in Bogotá;
17. (13) Cecilia Gómez Córdoba, member of SIMANA on 20 November 2002, in El Talón de Gómez, Department of Nariño;
18. (14) José Lino Beltrán Sepúlveda, member of ASOINCA, on 20 November 2002, in Popayán, Department of Cauca;
19. (15) César Andrés Ortiz, member of the CGTD, on 26 December 2000; the CGTD has provided the Government with the necessary information but there is no ongoing investigation;
20. (16) the national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002, in Bogotá:
21. (17) Giovanni Uyazán Sánchez;
22. (18) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers;
23. (19) against SINTRAHOINCOL workers, on 9 July 2001
24. (20) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
25. (21) threats against trade union officials in Yumbo;
26. (22) threats against the headquarters of SINTRAHOINCOL;
27. (23) workers and members of the Arauca Power Company, by paramilitaries;
28. (24) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
29. (25) Carlos González, assaulted by police, on 1 May 2001, President of the University of Valle Workers’ Union.
    • Information provided by the Government with respect to the allegations found in the section “New allegations” in this report
30. 718. The Committee notes with interest the information provided by the Government with respect to the new allegations presented in this report, concerning:
    • Murders: Ricardo Barragán Ortega, Alvaro Granados Rativa, Yesid Chicangana, Yaneth del Socorro, Camilo Kike Azcárate, Carlos Raúl Ospina, Ernesto Rincón Cárdenas, Luis José Torres Pérez, Rosa Mary Daza Nieto, Hugo Palacios Alvis, Ana Elizabeth Toledo Rubiano, Rafael Segundo Vergara Correa, Alexander Parra Díaz, Juan Javier Giraldo, Carlos Alberto Chicaiza Betancourt, José García, Jorge Mario Giraldo Cardona, Raúl Peréa Zúñiga, Jorge Eduardo Prieto Chamusero, Leonel Goyeneche, Héctor Alirio Martínez, Luis Alberto Colorado, Carmén Elisa Nova Fernandez and Miguel Antonio Espinosa.
    • Abductions: Luis Carlos Herrera Monsalve.
    • Detentions: Samuel Morales Flores, Maria Raquel Castro, Maria Constanza Jaimes.
    • Threats: Jesús Alfonso Naranjo, Mario Nel Mora, Domingo Tovar Arrieta (new threats), Yesid Plaza Escobar, Eufrasio Ruiz Santiago.
31. 719. The Committee notes that all the relevant investigations are at the preliminary stage and active.
32. 720. Finally, the Committee takes note of the latest information submitted by the Government concerning the progress made in a number of inquiries. It will examine this information in detail when it next examines this case.
    • Freedom of association and human rights
33. 721. In general, the Committee once again expresses in the strongest of terms that it deplores the extreme gravity of this case in which 42 new allegations of murder of union officials and members have been submitted (nine in 2003 and 33 in 2004). Although this figure is smaller than the number of murders committed in 2003 (79 union members), the state of violence facing the trade union movement in Colombia continues to be extremely serious. As it has done on numerous occasions with respect to several cases concerning Colombia, the Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 46].
34. 722. The Committee notes the information provided by the Government on the protection measures taken in respect of the trade union organizations SINTRAINAGRO, ASODEFENSA and the union officials of RISARALDA. The Committee requests the Government to continue to keep it informed of the protection measures and security schemes in force and those adopted in the future in respect of other unions and other Departments or regions. The Committee must reiterate its request that the Government take particular account of those trade unions and regions to which it referred in the previous examination of the case, such as the health services and the Barrancabermeja Gas Company, as well as municipal administrations (municipality of Barrancabermeja) and departmental administrations (Departments of Valle del Cauca and Antioquia). The Committee requests the Government to send, as a matter of high priority, information on all these matters.
35. 723. The Committee notes that the Government has sent detailed information on the Working Plan of the Inter-Institutional Commission for the Prevention of Violations and the Protection of Workers’ Rights. The Committee notes that there are two working groups, each of which engages in a variety of activities. Working Group No. 1 is concerned with prevention of violence and protection of human rights. The activities it carries out are designed to monitor and assess the programmes and systems for evaluating risks and to develop an efficient protection scheme in order, in the short term, to pursue the implementation of the protection measures. Its other activities include the familiarization of workers with their human rights by means of campaigns, seminars and educational and promotional activities with the participation of the police. Between August 2003 and March 2004, eight round tables were held, in César, Atlántico, Santander, Nariño, Valle del Cauca, Arauca, Risaralda and Antioquia, which are the departments facing the most serious difficulties. According to the Government these activities will shortly be extended to other regions. The Committee notes that the same Working Group No. 1 is responsible for overseeing activities connected with the recommendations of institutions of international scope such as the Committee on Freedom of Association and the United Nations High Commission for Human Rights. Furthermore, the group is currently devising a system for accelerating the investigation procedures under way.
36. 724. The task of Working Group No. 2 is to promote freedom of association and the right to strike. With this in view, it prepares information leaflets, conducts regional training seminars and conflict resolution meetings to ease tension among the social partners. The Committee notes all this information with the utmost interest and requests the Government to continue keeping it informed in detail of developments in the work of the Inter-Institutional Commission for the Prevention of Violations and the Protection of Workers’ Rights.
    • Investigations
37. 725. The Committee again notes the efforts made by the Government to inform it about investigations in progress into acts of violence against trade union officials and members and observes with interest that they cover a large number of allegations. The Committee also notes with interest that the Government provides information on investigations into allegations on which it had indicated in previous reports that it did not possess sufficient information. Here too, the Committee notes the efforts made. The Government does, however, mention some cases where it still does not have enough information either to locate the investigation in progress or to determine the possibility of instituting proceedings. The Committee requests the Government to continue to do everything in its power to institute investigations into all the acts of violence alleged up to March 2004, into those regarding which it has not reported the initiation of investigations or judicial proceedings (Appendix I), and into those listed in the section “New allegations” in the present report, on which it has not yet reported, and to continue to send its observations on the progress made in the investigations already begun on which the Government has sent its observations.
    • Impunity
38. 726. The Committee must in the strongest of terms underscore the total lack of any actual convictions in the latest report. Moreover, as in previous examinations of the case, most of the investigations are at the preliminary stage. Once again the Committee must recall that justice delayed is justice denied [See Digest, op. cit., para. 56]; bearing in mind the extremely serious situation that prevails in respect of impunity, the Committee finds itself obliged to reiterate the conclusions it reached in its previous examinations of the case, namely, that the lack of investigations in some cases, the limited progress in the investigations already begun in other cases and the total lack of convictions underscore the prevailing state of impunity, which inevitably contributes to the climate of violence affecting all sectors of society and the destruction of the trade union movement. The Committee once again urges the Government in the strongest terms to take the necessary measures to put an end to the intolerable situation of impunity and to punish effectively all those responsible.
    • Trade union status of certain victims and allegations in respect of which information could not be provided because of insufficient data
39. 727. The Committee regrets that once again the complainant organizations have not provided information concerning the trade union status of certain victims, denied by the Government in the last examination of the case (see 333rd Report, para. 460). The Committee notes that, in the present examination of the case, the Government once again denies the trade union status of some of the victims, namely: Luis Antonio Romo Rada, Evelio Germán Salcedo Taticuán, Ana Cecilia Duque, Omar Alexis Peña Cardona, Héctor Jaimes Victoria Sterling, Iván Muñiz Bermúdez, Rito Hernández Porras, Nubia Estela Castro, Miguel Antonio Espinosa. The Committee urges the complainant organizations once again to provide all information relating to the trade union status of the victims, so that the Government can institute the relevant investigations concerning the victims listed in both the previous and the present examination of the case.
40. 728. As regards cases where the Government states that the data supplied by the complainants is insufficient to identify the Prosecutor’s Offices conducting the investigations, the Committee again must strongly remind the complainant organizations of their duty to substantiate their allegations to the Committee in all cases where so requested. The Committee observes that to date the complainants have not provided any additional information. In consequence, the Committee once again urges the complainant organizations to do everything in their power to provide the Government with the necessary information concerning the victims for whom the Government claims that it does not have sufficient data, listed in the 333rd Report as well as in the present report, so that the Government can state whether investigations have been instituted into these allegations and what stage they have reached. In turn, the Committee urges the Government to continue to endeavour to send all available information concerning the allegations made.
    • Other questions
41. 729. Regarding the allegations submitted by FECODE concerning threatening telephone calls, harassment by armed persons, public statements designating them as military targets, warnings to resign their union office, raids on their homes, warnings not to take part in union activities and numerous murders, the Committee deeply regrets that the Government has not sent its observations and requests it to do so without delay.
42. 730. The Committee requests the Government to provide its observations on the new allegations of violence against trade unionists transmitted by the complainants.

The Committee's recommendations

1. 731. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While noting that this time the Government provided more details on the allegations, the Committee expresses its deep concern about the extreme gravity of the situation and deeply deplores the fact that allegations have been submitted of 42 new murders of union officials and members, 17 threats, three abductions and disappearances, 11 arrests and two forced relocations. The Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.
   • (b) The Committee notes the Government’s information regarding the protection measures provided for the trade union organizations SINALTRAINAL, and ASODEFENSA and for union officials of RISARALDA. The Committee requests the Government to continue keeping it informed of the protection measures and security schemes in force and those adopted in the future in respect of other unions and other departments or regions. The Committee must reiterate its request that the Government take particular account of those trade unions and regions to which it referred in previous examinations of the case, such as the health services and the Barrancabermeja Gas Company, as well as municipal administrations (municipality of Barrancabermeja) and department administrations (departments of Valle del Cauca and Antioquia). The Committee requests the Government to provide, as a matter of high priority, information on all these matters.
   • (c) The Committee notes with the utmost interest that the Government has provided detailed information on the Working Plan of the Inter-Institutional Commission for the Prevention of Violations and the Protection of Workers’ Rights and requests it to continue keeping it informed in detail of developments in the work of the said Commission.
   • (d) Concerning the investigations into acts of violence against union officials and members that are currently under way, the Committee requests the Government to continue making every possible effort to initiate investigations into all the alleged acts of violence up to March 2004, into those regarding which it has not reported the initiation of investigations or judicial proceedings (Appendix I), and into those listed in the section “New allegations” in the present report, on which it has not yet reported, and to continue sending its observations on the progress made in the investigations already begun on which the Government has already reported.
   • (e) In respect of the extremely serious situation that prevails in respect of impunity, the Committee finds itself obliged to reiterate the conclusions it reached in its previous examinations of the case, namely, that the lack of investigations in some cases, the limited progress in the investigations already begun in other cases and the total lack of convictions underscore the prevailing state of impunity, which inevitably contributes to the climate of violence affecting all sectors of society and the destruction of the trade union movement. The Committee once again urges the Government in the strongest terms to take the necessary measures to put an end to the intolerable situation of impunity and to punish effectively all those responsible.
   • (f) Regarding the trade union status of certain victims and allegations in respect of which information could not be provided because of insufficient data, the Committee observes that once again the complainant organizations have not provided information concerning the trade union status of certain victims, denied by the Government in the last examination of the case, and again urges them to provide all information relating to the trade union status of the victims, so that the Government can institute the relevant investigations concerning the victims listed in both the previous and the present examination of the case.
   • (g) As regards those cases where the Government states that the data supplied by the complainants is insufficient to identify the Prosecutor’s Offices conducting the investigations, the Committee must again strongly remind the complainant organizations of their duty to substantiate their allegations to the Committee in all cases where so requested, observes that to date the complainants have not provided any additional information and once again urges them to do everything in their power to provide the Government with the necessary information concerning the victims on whom the Government claims that it does not have sufficient data, listed in the 333rd Report as well as in the present report, so that the Government can state whether investigations have been instituted into these allegations and what stage they have reached. In turn, the Committee urges the Government to continue to endeavour to send all available information concerning the allegations made.
   • (h) Regarding the allegations submitted by FECODE concerning threatening telephone calls, harassment by armed persons, public statements designating them as military targets, warnings to resign their union office, raids on their homes, warnings not to take part in union activities and numerous murders, the Committee requests the Government to send its observations without delay.
   • (i) The Committee requests the Government to provide its observations on the new allegations of violence against trade unionists transmitted by the complainants.
   • (j) The Committee will examine the latest information submitted by the Government when it next examines this case.

Z. ANNEX

• Appendix I
• Acts of violence against trade union officials or members up to the Committee’s meeting of March 2004 on which the Government has not sent its observations or has not reported the initiation of investigations or judicial proceedings, particularly on the grounds that the information provided by the complainants is insufficient
• Murders
  1. (1) Edison Ariel, 17 October 2000, SINTRAINAGRO;
  2. (2) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo;
  3. (3) Ricardo Florez, member of SINTRAPALMA, 8 January 2001;
  4. (4) Alberto Pedroza Lozada, 22 March 2001;
  5. (5) Ramón Antonio Jaramillo, Prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region;
  6. (6) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga, by paramilitaries;
  7. (7) Eliécer Orozco, FENSUAGRO, on 11 November 2001 in Ciénaga, by paramilitaries;
  8. (8) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001 in Antioquia;
  9. (9) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín;
  10. (10) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta;
  11. (11) José del Carmen Lobos, member of ADEC, on 15 October 2002, in Bogotá;
  12. (12) Edgar Rodríguez Guaracas member of ADEC, on 15 October 2002, in Bogotá;
  13. (13) Cecilia Gómez Córdoba, member of SIMANA, on 20 November 2002, in El Talón de Gómez, Department of Nariño.
• Abductions and disappearances
  1. (1) Iván Luis Beltrán, member of the Executive Committee of FECODE-CUT, on 10 October 2001;
  2. (2) Luis Alberto Olaya, member of the Valle Single Education Workers’ Trade Union (SUTEV), in the Department of Valle del Cauca, on 15 June 2003.
• Attempted murder
  1. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000; the CGTD provided the Government with the necessary information but there is no investigation.
• Death threats
  1. (1) Giovanni Uyazán Sánchez;
  2. (2) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers;
  3. (3) against SINTRHOINCOL workers, on 9 July 2001;
  4. (4) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, on 2 November 2001;
  5. (5) against trade union officials in Yumbo;
  6. (6) headquarters of SINTRAHOINCOL;
  7. (7) workers and members of the Arauca Power Company, by paramilitaries;
  8. (8) activists of the Arauca Educators’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), in Arauca;
  9. (9) SINALTRAINAL, Bucaramanga branch, on 14 March 2003;
  10. (10) Leónidas Ruiz Mosquera, President of ASODEFENSA, coffee sector subcommittee;
  11. (11) Jorge León Sarasty Petrel, National President of SINALTRACORPOICA, on 9 June 2003, in Montería, where he was advising on the formation of the union’s Córdoba branch;
  12. (12) the workers of the Drummond company (2,000 in all) working in conflict zones where paramilitary groups operate and consider them as military targets. Five officials and members have already been murdered and this has been considered in previous examinations of the case. Currently, workers are being sent to remote areas where there is no security.
• Harassment
  1. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
  2. (2) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2001.
• Acts of violence
  1. (1) Jairo Chávez, a worker in the Nariño Teachers’ Union, when an explosive device of moderate force exploded, also causing enormous material damage, on 5 June 2003.
• Appendix II
• Acts of violence against trade union officials or members, mentioned in Appendix I of the 333rd Report of the Committee or in the section “New allegations” in the present report, on which the Government has sent its observations
• Raúl Gil; Armando Buitrago Moreno; Eduardo Edilio Alvarez Escudelo; Prasmacio Arroyo; Herlinda Blando; Adolfo Florez Rico; Alfredo González Páez; Oswaldo Meneses Jiménez; María Meza Pabón; Miguel Acosta García; Germán Medina Gaviria; Gerardo González Muñoz; workers and union members of the Arauca Power company, by paramilitaries; in Arauca, activists of the Arauca Educators’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC).