Interim Report - Report No 322, June 2000

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

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INTRODUCTION
A. Previous examination of the case
B. New allegations by the complainants
C. The Government's reply
D. The Committee's conclusions
The Committee's recommendations
Response to the recommendations made by the Committee at its November 1999

Allegations: Murder and other acts of violence against trade union officials and members and anti-union dismissals

5. The Committee last examined this case at its November 1999 meeting (see 319th Report, paras. 5-116). The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 2 and 23 March, 4, 7, 11 and 12 April, and 3, 4 and 18 May 2000. The Single Confederation of Workers of Colombia (CUT) sent new allegations in communications dated 15 February and 19 May 2000. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) sent new allegations in a communication dated 15 February 2000. The Confederation of Workers of Colombia (CTC) sent new allegations in a communication dated 14 February 2000. The Petroleum Industry Workers' Trade Union (USO) submitted a complaint in a communication dated 15 February 2000. The General Confederation of Democratic Workers (CGTD) sent new allegations in a communication dated 18 April 2000. The Government sent its observations in communications dated 10 and 16 November 1999 and 9 March and 9, 15 and 19 May 2000.
6. 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

7. At its November 1999 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 various acts directed against trade unions, including acts of anti-union discrimination (see 319th Report, para. 116):
- (a) Concerning the allegations in regard to which the Government had reported at the March 1999 meeting or earlier that investigations and legal proceedings were under way, the Committee regrets to note that the Government has not sent any new information on the development of proceedings concerning the individuals mentioned and urges the Government to provide information in that respect without delay.
  - Murders
- (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta (13 August 1995); (3) Francisco Mosquera Córdoba (February 1996); (4) Carlos Arroyo de Arco (February 1996); (5) Francisco Antonio Usuga (22 March 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Umanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliacer Ojeda; (10) Alfonso Noguera Cano; (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndez Rodríguez (4 March 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Fredy Arboleda Aguirre; (15) William Alonso Suárez Gil; (16) Eladio de Jesús Chaverra Rodríguez; (17) Luis Carlos Muñoz (7 March 1997); (18) Nazareno de Jesús Rivera García (12 March 1997); (19) Héctor Gómez (22 March 1997); (20) Gilberto Casas Arboleda; (21) Norberto Casas Arboleda; (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton (25 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (29 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Avilés Arroyo (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camaño Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón (7 March 1997); (36) Isidro Segundo Gil Gil (9 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (7 April 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez (July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1998) (mentioned in the allegations as having diappeared); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1998); (51) Fernando Triana (31 January 1998); (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Ursola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (3 June 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); and (58) José Eduardo Umaña Mendoza (18 April 1998).
  - Disappearances
- (1) Rodrigo Rodriguez Sierra (16 February 1995); (2) Ramón Osorio Beltrán (15 April 1997); (3) Alexander Cardoma (14 July 1998); (4) Mario Jiménez (27 July 1998).
- (b) Concerning the allegations of murders and attempted murders in regard to which the Government reports that it has opened judicial investigations (murders: José Vicente Rincón (murdered on 7 January 1998 in Barrancabermeja); Jorge Boada Palencia (murdered on 18 April 1998); Jorge Duarte Chávez (murdered in Barrancabermeja on 9 May 1998); Carlos Rodríguez Márquez (murdered on 10 May 1998); Arcángel Rubio Ramírez Giraldo; Orfa Ligia Mejía (murdered on 7 October 1998); Macario Herrera Villota; Víctor Eloy Mieles Ospino and Rosa Ramírez; attempted murders: Virgilio Ochoa Pérez; Eugeniano Sánchez and Benito Rueda Villamizar). The Committee expresses its grave concern and repudiates these acts and requests the Government to keep it informed as a matter of urgency on the results of the investigations and prosecutions under way.
- (c) As concerns the alleged murders of trade union leaders and members regarding which the Government reports that it is awaiting specific information from the Office of the Procurator-General (Oscar Artunduaga Nuñez, Jesús Orlando Arévalo, Moisés Canedo Estrada, Gladys Pulido Monroy, Oscar David Calandón Gonzales, Oswaldo Rojas, Julio Alfonso Poveda, Pedro Alejandrino Melchor Tapasco and Manuel Avila Ruiz), the Committee observes that the communicated information does not make it possible to establish whether an investigation is under way and again urges the Government without delay to take measures to have investigations opened and to keep it informed in this respect.
- (d) Concerning the eight murder cases where the investigations have been adjourned by the competent Procurator's Office (Ernesto Emilio Fernández Pezter, murdered on 20 November 1995; Libardo Antonio Acevedo, murdered on 7 July 1996; Magaly Peñaranda, murdered on 27 July 1997; David Quintero Uribe, murdered on 7 August 1997; Aurelio Arbeláez, murdered on 4 March 1997; José Guillermo Asprilla Torres, murdered on 23 July 1997; Carlos Arturo Moreno López, murdered on 7 July 1995; and Luis Abel Villa León, murdered on 21 July 1997), the Committee asks the Government to initiate new investigations on these cases and to keep it informed in this regard.
- (e) Concerning the Ministry of the Interior's protection programme for individuals who have been threatened, the Committee notes with interest the Government's statement that it has been stepped up together with the number of trade union leaders benefiting from protection, and the risk studies carried out for individuals and trade union organization; in addition, the Committee notes that investigations have been opened into the threats against the trade unionists Alexander López M., Robinson Emilio Masso Arias, Luis Eduardo Garzón Héctor Fajardo Abril and Hernando Fernández. The Committee urges the Government to take measures to protect trade unionists and unions at risk and to keep it informed of all new measures adopted in that regard.
- (f) With regard to the death threats enumerated in the annex, the Committee urges the Government to take measures immediately to provide protection to the individuals threatened and to carry out investigations to identify the perpetrators:
  - Death threats
- (1) Ms. Bertina Calderón (vice-chairperson of the CUT).
(2) The members of the executive committee of FENSUAGRO.
(3) Pedro Barón, president of the Tolima branch of the CUT, threatened by certain members of the security forces after having participated in a protest strike on 19 July 1995.
(4) The members of the executive committee of the Workers' Union of the Titán Corporation, Yumbo municipality, who received death threats from a paramilitary group named "Colombia Sin Guerrilla" - COSINGER (Colombia without guerrillas) on 26 October 1995 and 17 May 1996.
(5) The members of the executive committee of the Association of Agriculturalists of Southern Bolívar (Justo Partor Quiroz, secretary, Roque León Salgado, treasurer and Bersaly Hurtado, attorney).
(6) The National Executive Committee of the CUT, Messrs. Jesús Antonio González Luna (director of the human rights department) and Domingo Rafael Tovar Arrieta (director of the administrative department).
(7) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry Ocampo, Sergio Díaz and Fernando Cardona.
(8) Jairo Antonio Cardona Mejía, president of the Workers' Union of Cartago Municipality and other executives (Albeiro Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño, councillor).
(9) Clara Vaquero Sarmiento, chairperson of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies, who received threats on 27 March 1998.
(10) Pablo Emilio Calvo, vice-president of the Workers' Union of Cartago municipality, was threatened by death in a pamphlet.
(11) Threats were made to individuals linked to the work of the trade union movement, including the Colombian Lawyers' Commission and the José Alvear Attorneys' Collective.
(12) José Aníbal Quiroga, vice-president of the national committee of the Brinks company, received death threats in telephone calls urging him to abandon his trade union activities. His father also received threats.
- (g) Concerning the allegations of death threats mentioned in paragraph 107 with respect to which the Government has not sent information regarding the development of the investigations, the Committee requests the Government to send it information on the development and results of these investigations.
- (h) Concerning the allegations of detentions, the Committee requests the Government to inform it of the results of the investigations into the detention of Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta.
- (i) Concerning the new and pending allegations of murders and attempted murders, disappearances, detentions, persecutions and unlawful imprisonment in respect of which the Government did not send observations, the Committee urges the Government to communicate without delay its observations on all of the allegations in the annex to this case, to take urgent measures to have investigations carried out in order to shed light on the incidents, determine where responsibility lies and punish the guilty parties, and to keep it informed of all developments in this respect. (The allegations relate to acts of violence on which the Government has sent no information or has sent inadequate information from which it is not possible to determine whether an investigation has been started. The allegations are reproduced below.)
  - Murders
- (1) Manuel Francisco Giraldo, member of the executive committee of the National Union of Agricultural Workers (SINTRAINAGRO), murdered on 22 March 1995.
(2) Twenty-three workers who were members of SINTRAINAGRO, murdered on 29 August 1995.
(3) Alvaro David, member of the workers' committee of the "Los Planes" farm, affiliated to SINTRAINAGRO, murdered on 22 March 1996.
(4) Eduardo Ramos, trade union leader of "El Chispero" farm, Apartadó, Urabá, Antioquia, murdered on 14 July 1997.
(5) Marcos Pérez González, member of the Electrical Trade Union of Colombia (SINTRECOL), murdered on 10 October 1998.
(6) Jorge Ortega García, vice-president of the CUT, murdered on 20 October 1998 (Mr. Ortega García had presented new allegations connected with this case hours before his death).
(7) Ms. Hortensia Alfaro Banderas, vice-chairperson of SIDESC, on 24 October 1998 in the municipality of Manure, César administrative district.
(8) Jairo Cruz, president of the Union of Workers in Edible Oils, murdered on 26 October 1998 in the municipality of San Alberto, César administrative district.
(9) On 12 February 1999, in San Diego, César administrative district, the teachers Luis Peroza and Numael Vergel were murdered after having been kidnapped and tortured by unidentified armed groups. They were members of the César Association of Teachers.
(10) On 15 February 1999, Gilberto Tovar Escudero, official of the Workers' Union of Cartago municipality, Valle administrative district, was murdered.
(11) On 22 March, after having disappeared on 19 March, the trade union official Albeiro de Jesús Arce Velazquez was found dead in the river Cauca close to La Virginia municipality, Risaralda.
(12) Ricaurte Pérez Rengifo was kidnapped on 20 February in Medellín from the school where he taught and was found dead on 25 February on the outskirts of the city.
(13) The teacher Antonio Cerón Olarte del Hulla was murdered.
- Attempted murders
(1) Gilberto Correño, leader of the Trade Union of Workers (USO), on 7 December 1996.
(2) César Blanco Moreno, president of the executive subcommittee of the Trade Union of Workers (USO), on 11 May 1998.
(3) On 5 April 1999, at 11 p.m. in Barranquilla, an attempt was made to murder three members of the national executive council of the Workers' Union of the Social Security Institute: Fernando Morales, now leader of the CUT, Alberto Pardo and Esaú Moreno.
- Physical aggression and police repression
(1) Police repression against employees of public enterprises in Cartagena during a peaceful demonstration on 29 June 1995 (the Government reports that the Colombian authorities were not informed of the incident).
(2) A police assault, causing injuries, upon trade unionists César Castaño, Luis Alejandro Cruz Bernal and Martha Janeth Laguizamon, who were participating in an information day organized by the National Association of Transit Agents (ANDAT) on 6 January 1997.
(3) Mario Vergara and Heberto López, trade union officials of SITTELECOM, were brutally beaten by the police.
(4) On 13 October 1998, the police violently charged SITTELECOM workers, several of whom were injured.
(5) On 20 October 1998, in the city of Bogotá, on Carrera 7 between Calle 24 and Calle 27, riot police assaulted workers who were beginning a peaceful march to Plaza Bolívar, and on 22 October 1998, the police assaulted demonstrators who had gathered in Plaza Bolívar from all over the country.
- Disappearances
(1) Jairo Navarro, trade unionist (6 June 1995).
(2) Rami Vaca, ECOPETROL union leader (27 October 1997).
(3) Misael Pinzón Granados, member of SINTRAINAGRO, kidnapped by persons believed to be members of the paramilitary forces in the municipality of Puerto Wilches, Santander, on 7 December 1997. According to information supplied by the DAS, it was found that the wife of the missing individual had submitted an appeal of habeas corpus to the judicial authorities after the case had been shelved for lack of evidence on which to proceed.
(4) Justiniano Herrera Escobar, working for the municipality of Antioquia, who formerly worked for Shellmar of Colombia, disappeared on 30 January 1999.
- Detentions
  - -- On 8 October 1998, José Ignacio Reyes, SINTELECOM member.
  - -- On 16 October 1998, in the San Francisco area of Bolívar City, Orlando Rivera and Sandra Parra.
  - -- During the national strike on 31 August 1999, a large number of people were detained and the whereabouts of many of them are unknown (227 persons according to the information sent by the ICFTU and 300 according to the information provided by the CUT).
- Unlawful imprisonment
  - -- Horacio Quintero and Osvaldo Blanco Ayala, workers, were detained in Tibú on 31 May 1999 by members of a self-defence group, who interrogated them to elicit whether they belonged to the Petroleum Industry Workers' Trade Union (USO). The workers declared that they only held membership. After death threats, they were released.
    - (j) In respect of the allegations concerning anti-union acts at the Andino, Citibank, Sudameris and Anglo Colombiano banking corporations, the Committee invites the complainants to explain the reasons for which they did not reply to the Government invitations.
    - (k) Regarding the allegations relating to violations of trade union and labour rights of trade union officials and workers of Brinks Colombia, the Committee, observing that these allegations were presented recently, requests the Government to send observations on the matter with all urgency.
    - (l) Concerning the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company, the Committee notes that the Government reports that: (1) a verdict was issued at second instance against Arnulfo Cruz Mora, upholding the rejection of the case against the company; (2) the case brought by Mr. Germán Bulla is at the documentary stage; (3) the case brought by Mr. Darío Ramirez was declared inadmissible because of defects. In these circumstances, the Committee requests the Government to keep it informed of the results of the cases brought by Germán Bulla and Darío Ramirez.
    - (m) With respect to the pending allegations in respect of which the Government has not sent information, concerning raids on headquarters, telephone tapping and surveillance of trade unionists at the premises of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive committee of the CUT-Atlántico in the city of Barranquilla, the Committee urges the Government without delay to communicate its observations regarding these incidents, to take urgent measures to have investigations carried out, and to keep it informed of all developments in this connection. (Specifically, the allegations concerned the following matters: (1) raiding of the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), tapping of the telephones of the trade union headquarters and the members and surveillance by armed persons of the president of FENSUAGRO, Luis Carlos Acero (the Government declares that this was not reported to the Colombian authorities); (2) on 6 February 1998, at 12.45, 15 individuals bearing weapons, exclusive to the armed forces, came to the premises of the executive subcommittee of the CUT-Atlántico in the centre of Barranquilla, broke in and pointed a revolver at Ms. Lydis Jaraba, member of the present national executive committee and the executive board of the subcommittee of the CUT-Atlántico. The individuals, who were not carrying any identification or search warrant, inspected all of the offices and then left (the Government reports that the Colombian authorities were not informed of the incident).)

B. New allegations by the complainants

8. The ICFTU (communications of 2 and 23 March, 4, 7, 11 and 12 April, and 3, 4 and 18 May 2000), CUT (communications of 15 February and 19 May 2000), CTC (communication of 14 February 2000), USO (communication of 15 February 2000), ASODEFENSA (communication of 15 February 2000) and the General Confederation of Democratic Workers (CGTD) (communication of 18 April 2000) have presented new allegations.
9. The ICFTU, the CUT and the CGTD allege the following acts of violence:
- Murders
(1) César Herrera, treasurer of SINTRAINAGRO and former executive officer of the CUT.
(2) Jesús Orlando Crespo García, member of the departmental board of CUT-Valle and president of the Workers' Trade Union of the municipality of Bugalagran de Valle del Cauca, murdered on 31 January 2000.
(3) Guillermo Molina Trujillo, official of the Public Service Employers' and Workers' Trade Union, murdered on 1 March 2000 in Yarumal (north of Medellín).
(4) José Joaquín Ballestas García, president of the La Vereda Communal Action Board, murdered on 24 March 2000 in Ciénaga de Barbacoas (municipality of Ciénaga de Chucurí and Puerto Beccio).
(5) José Atamaco Fernández Quiñonez, member of the Workers' Trade Union of the Department of Antioquía, murdered on 29 March 2000 in the municipality of San Rafael in the eastern part of the department of Antioquía.
(6) Hernando Stevenis Vanegas, murdered on 24 March 2000 in La Rompida, municipality of Yondó, by a paramilitary unit that set up a base from 6. 30 a.m. to 3 p.m. barely ten minutes away from the Inland Waterways Base of Barrancabermejo.
(7) Julio César Jiménez, murdered on 16 March 2000 in San Tropel, municipality of Yondó, by a paramilitary unit.
(8) Aldemar Roa Córdoba, murdered on 26 March 2000 in San Rafael, municipality of Yondó, by a paramilitary unit.
(9) Jhon Jairo Duarte, whose body was found floating in the Magdalena river on 28 March 2000.
(10) Próspero Lagares, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC.
(11) Edison Bueno, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC.
(12) Diomedes Playonero Ortiz, member of the executive board of the Rural Workers' Association of Valle del Río Cimitarra (ACV), murdered on 31 March 2000 in the Playonero family's El Porvenir ranch by a paramilitary unit coming from the drug and cattle ranches of Puerto Berrío. The AVC states that: (1) in a radio broadcast on 4 April the paramilitary commander "Julián" said that he was in the city as part of a plan to take over Barrancabermejo, and (2) there is a state paramilitary plan to wipe out the rural workers, inhabitants and organizations of Magdalena Medio.
(13) Margarita María Pulgarín Trujillo, a member of ASONAL, murdered on 3 April 2000 in Medellín.
(14) Julio César Bethancurt, member of the Workers' Trade Union of the municipality of Yurubo, murdered on 3 April 2000.
(15) Islem de Jesús Quintero, member and General Secretary of the ATT, murdered on 5 April 2000 in Pereira, department of Risaralda.
(16) César Wilson Cortez, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 2 April 2000 in the municipality of Trinidad, department of Casanare.
(17) Rómulo Gamboa, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 8 April 2000 in the municipality of Trinidad, department of Casanare.
(18) Alejandro Avarez Isaza, unionist, murdered on 7 April 2000 in Argelia, Antioquia.
(19) Oscar Darío Zapata, delegate of the SINALTRADIHITEXCO executive board, murdered on 8 April 2000 in Girardota, Antioquia.
(20) Alberto Alvarez Macea, unionist, murdered on 8 April 2000, in Montería, capital of Córdoba.
(21) James Perez Chima, unionist, murdered on 10 April 2000.
(22) Milton Cañas, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja.
(23) Humberto Guerrero Porras, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja.
(24) Jimmy Acevedo, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000.
(25) Aníbal Bemberte, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000.
(26) Carmen Demilia Rivas, President of the National Association of Hospital and Clinic Workers, Cartago Section, of the Valle del Cavaz, on 17 May 2000 at the Corazón de Jesus Hospital.
- Death threats
(1) Aníbal Meneses, president of the National Trade Union of Workers of the Spinning and Textiles Industry of Colombia (SINALTRAHIHITEXCO) and of the national executive board, threatened by the Industrial Front of the National Liberation Army.
(2) José Ricardo Toro Delgado, president of the National Association of Workers in Hospitals and Clinics (ANTHOC), threatened on 14 March 2000.
(3) The assistant-director of the Departmental Union of Health Workers of Cesar (SISDEC) threatened in the municipality of Aguachica.
- Assault on demonstrators and detentions
(1) On 31 March 2000 anti-riot police broke into the premises of the Operations Centre of the Empresa de Acueducto de Bogotá to prevent workers belonging to the Workers' Trade Union of the Empresa de Acueducto from demonstrating. In the process the police manhandled the president of the trade union, Julio Beltrán, and the present president of the trade union, Abel Duarte, and arrested 11 workers.
(2) On 1 May 2000 in Medellin, the metropolitan police of the Valley of Aburrá advanced upon and arbitrarily detained 67 people participating in a commemoration march for International Labour Day. For their release, 24 of the detainees were obliged to sign a document acknowledging their responsibility for violent acts. To date, eight people are still detained, among them the trade union leader of the Departmental Association of Educators of Antioquia (ADIDA), Alberto Agueldo Rua.
10. The CUT adds to its communication of 15 February 2000 a communication from the Colombian Teachers' Federation (FECODE) with a detailed list by name of teachers who have been murdered: 239 between 1987 and 1994; six in 1995; 52 in 1996; 35 in 1997; five in 1998; 27 in 1999. It also encloses a list of teachers who have been kidnapped and threatened. (The CUT has been asked to state whether the persons listed were union officials or members of a trade union and, if this is the case, to verify that the names have not already been included in previous lists.)
11. The CTC alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured, and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the Brinks de Colombia SA company in order to induce the workers to resign from the CTC, as well as non-compliance with the collective agreement in force.
12. The USO has sent information on the legal situation of trade union members and officials who had been arrested and regarding whom the Government had sent its observations. It further alleges the temporary detention of the national vice-president of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials.
13. In a lengthy communication, ASODEFENSA alleges that its president, María Clara Baquero Sarmiento, and two of its officials and members have again received death threats and that, despite a request to the Government, they have not been granted protection. Moreover, ASODEFENSA alleges numerous acts of anti-union discrimination (transfers, refusal to grant time off for union activities) and interference by the authorities.
14. The CGTD alleges the dismissal on 31 March 2000 of eight officers of the Union of Workers and Public Employees of the Arauca municipality (SINTREMAR).

C. The Government's reply

15. In its communications dated 10 and 16 November 1999 the Government states, regarding the alleged occurrences in Brinks de Colombia SA, that the Public's Defence Council recently convened a meeting of the parties concerned (the company and the trade union) and the Coordinator of the Human Rights Office of the Ministry of Labour and Social Security to examine the allegations. At the meeting it was found that the trade union had not informed the Ministry, Public Prosecutor or Ministry of the Interior of its allegations. The representatives of the CTC further recognized that its vice-president, José Aníbal Quiroga and another official used the alleged threats against them to get the company to help them leave the country or, instead, pay them a large sum of money. In the end they opted for compensation. Other members of the trade union said that they had been threatened and had asked the company for firearms to defend themselves. To date, the Brinks de Colombia trade unionists have not lodged any official complaint regarding the threats. The Ministry of Labour and Social Security offered to act as intermediary in the collective dispute, at the request of the parties concerned, and to pass on the details of the alleged threats to the Committee for the Regulation and Evaluation of Risks, at the request of the trade union.
16. Regarding Brinks de Colombia's alleged failure to respect the working day, the Government states that the Regional Director of Labour and Social Security of Cundinamarca ruled on 16 November 1998 that the working day imposed by the company complied with the provisions of its internal regulations. As to the alleged violation of the collective agreement, the Ministry of Labour asked the Regional Director of Labour to conduct an administrative inquiry into the matter. Finally, the Government states that an objective analysis of the problem suggests that labour relations in the company are inadequate and that at the heart of the matter lies a climate of mutual suspicion, but that at the beginning of February 2000 the Ministry of Labour and Social Security was asked to mediate a solution to the labour dispute and agreed to do so. Mediation will begin as soon as the parties concerned (company and trade union) indicate their willingness to resume special negotiation of the list of demands or to designate arbitrators so that the Ministry can convene an arbitration tribunal.
17. In its communication dated 9 March 2000 the Government states that, at the request of the Ministry of Labour and Social Security, 25 special investigation subunits of the Office of the Public Prosecutor have been set up (decisions Nos. 300-325 of 26 June 1999, issued by the National Directorate of the Public Prosecutor) to examine the alleged violation of the human rights of the trade union members (decision No. 814 of 29 October 1999, issued by the National Directorate of the Public Prosecutor). Once the investigation subunits had been set up in the various sections of the Office of the Public Prosecutor throughout the country, the National Directorate of the Public Prosecutor asked them to submit information on developments every two months. The reports that have so far been received from the various sections of the Office of the Public Prosecutor provide details on the judicial status of some of the relevant files, most of which have been located and reopened.
18. According to the chief of the National Human Rights Unit of the Office of the Public Prosecutor, "because the events under investigation occurred such a long time ago and because of the changes in legislation and mandate and the problem of tracing documents, finding the files has been a lengthy process. Most of them are more than five years old and there is no systematic data bank or reliable data on criminal offences in the country. Nevertheless, the Prosecutor-General has been most diligent in pursuing the investigations through the special units set up for the purpose".
19. The Government adds that, in order to facilitate the work of the National Human Rights Unit of the Office of the Public Prosecutor and of the special investigations subunits, the Ministry of Labour and Social Security seconded to the national unit members of its senior staff responsible for registering murders and disappearances in connection with Case No. 1787 of the Committee on Freedom of Association - which also appear in the data bank of the Ministry's Office of Human Rights where they are being followed up.
20. Thanks to the efforts of the Office of the Public Prosecutor, reports have been received on the appointment of special prosecutors for the following files under Case No. 1787:
- Odulfo Zambrano López, file No. 9410: "By decision of 13 January 2000, the Coordinator of Penal Justice Prosecutors of the Specialized Circuit in the city of Pasto is commissioned to grant a hearing to Walberto Jiménez, who is employed in the same city in infantry battalion No. 9 'Batalla de Boyacá'. The Directorate of the Technical Investigation Body (CTI) (Endnote 1) of Barranquilla has likewise been commissioned to use its intelligence network to locate the whereabouts of Wilex del Rosario Rodríguez Gutiérrez and Miguel Velandia González."
- Esaú Moreno Martínez, file No. 12280: "By decision of 12 January 2000, María Cervantes, Carmen Cecilla Maestre Luque, Ramón Serje, María Ariza and police officer Castillo have been ordered to make sworn statements. The CTI has been commissioned to establish the correct names of a number of persons apparently involved in penal proceedings who are employees of the social security system."
- Aurelio de Jesús Arbeláez (or Peláez), file No. 1902, which had been filed by virtue of section 326 of the Penal Code: "By decision of 4 January of the present year the investigation has been reopened. An analysis of the file has made it possible to establish that the persons possibly responsible for his death were members of paramilitary groups in which persons known under the aliases of 'El Filósofo' and 'El Zarco', who have been committing selective murders since January 1997 in Segovia, operate in Puerto Berrío and Yondó."
- Hector de Jesús Gómez Cortés, file No. 2056: "By decision of 4 January of the present year the investigation, which had been suspended on 30 January last year, has been reopened. The CTI has been ordered to produce the findings of its investigators in accordance with the orders of the then prosecutor, in order to determine the perpetrators and motives of the murder."
- Luis David Alvarado (mistakenly listed as Alvaro David), file No. 4134: "By decision of 14 December of the immediately preceding year the investigation, which had been suspended since 5 December 1996, has been reopened. On 15 January of the present year the CTI received orders to compile new data in order to clarify the circumstances of this murder."
- Arturo Moreno López, file No. 3710: "By decision of 14 December of the immediately preceding year the investigation, which had been suspended since 7 November 1996, has been reopened."
- José Guillermo Asprilla Torres, file No. 4969: "Likewise, by decision of 14 December 1999 the investigation, which had been suspended since 9 June 1999, has been reopened."
- Luis Abel León Villa (mistakenly listed as Luis Abel Villa León), file No. 896: "According to information received from the local unit of the Office of the Public Prosecutor located in Amagá, the staff of the CTI received orders on 14 August 1997 but were unable to provide any positive information in their report. Moreover, their inquiries showed that Luis Abel León Villa did not belong to any trade union formation. The preliminary investigation was suspended on 6 May 1998 and temporarily shelved."
- Fabio Humberto Burbano Córdoba, file No. 16318: "The investigation is in its preliminary stages. The latest development was the issue of decision No. 019 of 24 May 1999 calling for evidence, including the hearing of a number of INPEC guards and the urgent submission to the investigation unit of the evidence called for earlier."
- Jesús Arley Escobar, file No. 17438 (shown as No. 104995): "Guard and member of the INPEC trade union. A decision of 18 January of the present year ordered the submission of evidence previously requested; specifically, the CTI was requested to submit immediately mission file No. 054 of 27 August 1998 and a new mission was ordered to hear statements from guards at the Villa Hermosa prison and Palmira penitentiary. A judicial inspection was ordered by virtue of decision No. 16318."
- Libardo Antonio Acevedo, file No. 12873: "Served as president of the Regional Free Workers' Trade Union Federation of Valle del Cauca (FESTRALVA). By decision of 11 May 1998 the investigation was suspended and shelved. The file has been requested from the Archive Section of the Joint Secretariat and is to be reopened."
- Cesar Herrera. The responsibility of his murder attributed to the FARC, which had condemned him to death. His trade union had not asked the Committee for the Regulation and Evaluation of Risks for any protection for this trade union official.
- Jesús Orlando Crespo García. No request for protection was made for this trade union official. Information on the investigation is being awaited from the Public Prosecutor.
- The Government encloses a document from the Ministry of the Interior on arrangements for the protection of trade union leaders which shows that, as requested by the Committee, the following trade union officials and boards have been granted protection: officials of the National Agricultural Single Trade Union Federation (FENSUAGRO) and the Workers' Trade Union of the municipality of Cartago; two CUT officials, Jesús Antonio González Luna and Domingo Tovar Arrieta; members of the Colombian Board of Jurists of the José Alvear Restrepo Lawyers Collective; María Clara Baquero of ASODEFENSA; and José Aníbal Quiroga, vice-president of the National Board of SINTRABRINKS.
21. Finally, in its communications dated 9 March and 9, 15 and 19 May 2000, the Government sent its response to the recommendations adopted by the Committee at its November 1999 meeting on alleged violence against trade union officials and members and other anti-union practices listed in the annex to this document.

D. The Committee's conclusions

22. The Committee observes that the allegations pending in the present case relate mainly to acts of violence (murders, disappearances, kidnappings, physical aggression, death threats, detentions) against trade union officials and members from 1995 until recently, as well as the searching of union headquarters and anti-union dismissals.
23. In the first place, the Committee notes that a direct contacts mission visited the country from 7 to 16 February 2000. It wishes to thank Mr. Mesquita Barros and Mr. Pérez Pérez for their mission report.
- Violence against trade union officials and members
24. The Committee notes the conclusions reached by the direct contacts mission on the alleged acts of violence against trade union officials and members. In particular, the Committee notes with concern the mission's statement that:
- The scale of murders, kidnappings, death threats and other violent acts against trade union officials and members is unprecedented in Colombia's history. The Government and trade union confederations (CUT, CGDT and CTC) have provided widely divergent figures for the number of victims during the period 1991-99 and it is important that these divergences be clarified. That said, the figures are extremely alarming. (Endnote 2)
- The Committee requests the Government to take appropriate steps, possibly by convening a working group of independent representatives accepted by both parties, to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years and to keep it informed of its findings.
25. The Committee further notes that there is an extraordinarily widespread and complex climate of violence in the country that causes thousands of victims every year and that the violence affects other categories as well as trade union officials and members. Regarding the perpetrators of violence against union leaders, the Committee notes from the mission report that "the vast majority of violations are committed by the paramilitary, to a much lesser extent by the guerrillas and in some cases by the armed forces. Nevertheless, quite often the perpetrators are neither known nor whether they belong to an armed group. Moreover, regarding the participation of public officials (especially of officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails, the Committee notes the mission's statement that:
- It is, however, very serious that no thorough global investigation at the institutional level has yet been undertaken against these practices with a view to imposing sanctions, and that no radical and systematic measures have been taken to break up the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers; in the mission's opinion such measures are absolutely necessary and urgent - especially in the case of the United Self-Defence Units of Colombia whose dismantling shows no sign of any real progress.
- The Committee therefore requests the Government urgently to take measures in this respect. The Committee recalls 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" and that "the rights of workers' and employers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 46 and 47).
26. Regarding the protection of trade union officials, the Committee notes with interest that the mission's statement that:
- The Government has devoted considerable human and financial resources to a programme of protection for advocates of human rights that has been extended to a number of trade union officials. This programme takes the form of security systems and escorts for union officials who have been threatened (52 escorts for 41 officials and 46 escorts for 21 trade union headquarters), (Endnote 3) protective barriers around trade union headquarters (41), access to economic assistance and transfer abroad, etc., with a budget of 8,000 million pesos (over US$4 million).
- The Committee further observes that the mission's statement that, "although these measures have most likely prevented murders, they are judged by the trade union organizations to be insufficient" and that "the budget allocated should in any case be substantially increased and additional measures envisaged in consultation with the trade union organizations". The Committee requests the Government to take steps to have the budget allocation increased and, in consultation with the trade union organizations, to adopt additional measures to protect the life of trade union officials who have been threatened.
27. The Committee observes that the mission emphasizes that:
- Although the reasons cannot be accurately ascertained, there has been a very substantial reduction in the number of union officials and members who have been assassinated in 1998 and 1999 compared with 1996 and 1997, (Endnote 4) but murders continue to occur regularly; for example, between November 1999 (when the case was last examined by the Committee on Freedom of Association) and the end of the mission on 16 February 2000 the Committee was informed of the murder of two union officials and several union members. There has, however, been a very considerable increase in death threats which have reached the hundreds, as well as an increase in the number of temporary kidnappings of union leaders and members, for the most part by self-defence groups and especially guerrilla organizations. There have also been attacks on trade union headquarters, and detentions, though no disappearances were reported in 1999. It is difficult to know whether this trend in the number of murders is likely to continue.
28. The Committee observes that, since the two murders of union officials between November 1999 and February 2000 that are referred to in the mission's report, the complainant organizations have reported the murder of five more trade union officials and 19 union members, death threats against union officials and physical aggression against demonstrators. The Committee expresses its grave concern at the allegations contained in the latest communications from the complainant organizations and requests the Government to take immediate steps to initiate inquiries in order to clarify these instances of violence and to sanction those responsible and to communicate to it its observations on the matter.
- Allegations concerning violent acts that were pending from the November 1999 meeting
29. Regarding the alleged acts of violence against trade union officials and members (murders, disappearances, physical aggression, kidnappings and death threats) which the Government had announced that it was investigating, and the allegations that were still pending at the end of its previous examination of the case, the Committee notes the Government's statement that it has ordered inquiries into all the allegations (see annex). The Committee requests the Government to keep it informed of the findings of all the inquiries currently under way.
30. However, although the Government states that inquiries have been initiated into the allegations in this case, the Committee regrets that in only three instances have the persons responsible for the murders been arrested and that only in ten cases a formal invetsigation has been opened linked to the murders of unionists. On the question of impunity, the Committee notes the direct contacts mission's statement that:
- Without disregarding the numerous measures that have been adopted by the authorities to combat impunity in general, the alarming fact is that, as far as identifying the material and moral perpetrators of the murders of union officials and members, the outcome of the procedures in terms of convictions is virtually nil. Only in exceptional cases have the events been clarified, the guilty parties identified and the full rigour of the law applied, as is apparent from the information supplied by the Public Prosecutor on 105 cases before the Committee on Freedom of Association that have been investigated. To this must be added the slow progress and excessive delays in many of the judicial proceedings and the lack of public confidence in the judicial system. Although the mission is fully aware that the persons responsible for the violence employ irregular war techniques, operate secretly, resort to selective attacks and have all kinds of resources at their disposal, considerably more effort must be made to combat the extremely serious and intolerable situation of impunity which is one of the main reasons for the violence.
- The Committee recalls that:
- In the event that judicial investigations into the murder and disappearance of trade unionists are rarely successful, the Committee has considered it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and has pointed out that such a situation means that, in practice, the guilty parties enjoy impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights,
- and that "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights" (see Digest, op. cit., paras. 54 and 55). In these circumstances, the Committee wishes to express its grave concern at the situation of impunity and requests the Government to make additional efforts of a substantial nature against the serious and intolerable situations of impunity and to keep it informed of developments.
31. Regarding the alleged death threats against (1) members of the executive board of the Titán SA workers' trade union of the municipality of Yumbo, (2) members of the executive board of the South Bolivár Agricultural and Mining Workers' Association, (3) Oscar Arturo Orozco and Hernán de Jesús Ortiz, (4) Wilson García Quiceno, (5) Henry Ocampo, (6) Sergio Díaz, (7) Fernando Cardona, (8) Aguirre Restrepo Oscar, (9) Arrango Alvaro Alberto, (10) Varrio Castaño Horacio, (11) Franco Jorge Humberto, (12) Giraldo Héctor de Jesús, (13) Gutiérrez Jairo Humberto, (14) Restrepo Luis Norberto, and (15) Jorge Eliécer Marín Trujillo, the Committee urges the Government to provide the necessary protection for these trade union leaders and stresses the need for all these threats to be reported to the Public Prosecutor. In addition, the Committee requests the Government to keep it informed of the outcome of the inquiries into the disappearances of Alexander Cardona (14 June 1998) and Mario Jiménez (27 July 1998).
32. The Committee notes that the Government has assigned the cases of the raiding of the headquarters of the Executive Committee of the CUT-Atlántico and the aggression of a trade unionist to the Prosecutor's office to carry out an inquiry. The Committee requests the Government to keep it informed in this regard. With regard to the raiding of the premises of the FENSUAGRO and the surveillance of its President by the armed forces, the Committee notes that these allegations have not been reported to the authorities. The Committee requests the Government to ensure that an inquiry is established and to keep it informed in this regard.
- Other allegations
33. Regarding the allegations of anti-union discrimination in the Andino Citibank, Sudameris and Anglo Colombiano banks that were still pending, the Committee observes that the complainant organizations have not sent it the observations it had requested on the subject. In these circumstances, the Committee does not intend to pursue its examination of these allegations any further.
34. Regarding the alleged violation of trade union and labour rights of trade union officials and workers of Brinks de Colombia SA (the complainants alleged that the working day had been increased in violation of the company's internal regulations), the Committee notes the Government's statement that: (1) the Regional Director of Labour and Social Security of Cundinamarca ruled on 16 November 1998 noting that the working day imposed by the company complied with the provisions of its internal regulations; (2) an administrative inquiry has been ordered into the possible violation of the collective agreement; and (3) at the beginning of February 2000 the Ministry of Labour and Social Security was asked to mediate a solution to the labour dispute and agreed to do so. In these circumstances, the Committee asks the Government to keep it informed of the outcome of the administrative inquiry into the possible violation of the collective agreement.
35. Regarding the court proceedings concerning dismissals in the Textilia Ltda. company initiated by Germán Bulla and Darío Ramírez, on which no judgement has yet been handed down, the Committee notes the Government's assurances that it will be informed of the judgements as soon as they have been handed down. In these circumstances, the Committee expects that the judicial authorities will hand down their judgements in the near future and requests the Government to communicate to it the final outcome of the said proceedings.
- New allegations
36. Finally, the Committee requests the Government to communicate its observations without delay on all the new allegations recently presented by the ICFTU, the CUT, the CTC, the CGTD, the USO and ASODEFENSA.

The Committee's recommendations

37. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) The Committee notes that a direct contacts mission visited the country from 7 to 16 February 2000 and thanks Mesquita Barros and Pérez Pérez for their mission report.
  - Violence against trade union officials and members
- (b) The Committee deeply deplores the numerous murders and violent acts against unionists mentioned in this report and observes that the Government and the union centrals and confederations provide differing figures of the number of victims. The Committee requests the Government to take appropriate steps, possibly by convening a working group of independent representatives accepted by both parties, to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years and to keep it informed of its findings.
- (c) Regarding the participation of public officials (especially officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails, the Committee requests the Government to order an urgent and global inquiry into these practices at the institutional level, with a view to imposing appropriate sanctions. The Committee further requests the Government to take radical and systematic steps to disband the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers, especially in the case of the United Self-Defence Units of Colombia whose disbanding shows no sign of having made any real progress. The Committee asks the Government to keep it informed of developments.
- (d) Regarding the protection of trade union officials, the Committee requests the Government to take steps to increase the budgetary allocation that it has earmarked for a programme of protection of trade union officials and, in consultation with the trade union organizations, to adopt additional measures to protect the life of trade union officials who have been threatened.
- (e) The Committee expresses its grave concern at the allegations contained in new communications from the complainant organizations (the murder of six trade union officials and 19 union members, death threats against union officials, physical aggression against demonstrators and numerous detentions) and request the Government to take immediate steps to initiate inquiries in order to clarify these instances of violence and to sanction those responsible, and to communicate to it its observations on the matter.
- (f) Regarding the matter of impunity, the Committee, noting with concern that, as far as the material and moral perpetrators of the murders of trade union officials and members are concerned, the outcome of the procedures in terms of convictions is virtually nil and that only in exceptional cases are the facts clarified, the culprits identified and the full rigour of the law applied, requests the Government to make a substantial effort to combat the extremely serious and intolerable situation of impunity, which is one of the main reasons for the violence, and to keep it informed of developments.
  - Allegations examined in November 1999
- (g) Regarding the alleged acts of violence against trade union officials and members (murders, disappearances, physical aggression, kidnappings and death threats) listed in the annex to this report, which the Government states are being investigated and on which it will inform the Committee of developments, the Committee, while expressing its concern and deeply regretting all these incidents, requests the Government to keep it informed of the findings of all the inquiries currently in progress.
- (h) Regarding the alleged death threats against: (1) members of the executive board of the Titán SA workers' trade union of the municipality of Yumbo, (2) members of the executive board of the South Bolivár Agricultural and Mining Workers' Association, (3) Oscar Arturo Orozco, Hernán de Jesús Ortiz, (4) Wilson García Quiceno, (5) Henry Ocampo, (6) Sergio Díaz, (7) Fernando Cardona, (8) Aguirre Restrepo Oscar, (9) Arrango Alvaro Alberto, (10) Varrio Castaño Horacio, (11) Franco Jorge Humberto, (12) Giraldo Héctor de Jesús, (13) Gutiérrez Jairo Humberto, (14) Restrepo Luis Norberto, and (15) Jorge Eliécer Marín Trujillo, the Committee urges the Government to provide the necessary protection for these trade union leaders and stresses the need for all these threats to be reported to the Public Prosecutor. The Committee also requests the Government to keep it informed of the outcome of the inquiries on the disappearances of Alexander Cardona and Mario Jiménez.
- (i) The Committee notes that the Government has assigned the cases of the raiding of the headquarters of the Executive Committee of the CUT-Atlántico and the aggression of a trade unionist to the Prosecutor's office to carry out an inquiry. The Committee requests the Government to keep it informed in this regard. With regard to the raiding of the premises of the FENSUAGRO and the surveillance of its President by the armed forces, the Committee requests the Government to ensure that an inquiry is established and to keep it informed in this regard.
- (j) The Committee requests the Government to keep it informed of the outcome of the administrative inquiry into the possible violation of the collective agreement in Brinks de Colombia SA.
- (k) Regarding the court proceedings concerning dismissals in the Textilia Ltda. company initiated by Germán Bulla and Darío Ramírez, the Committee expects that the judicial authorities will hand down their judgement in the near future and requests the Government to communicate to it the final outcome of the said proceedings.
  - New allegations
- (l) The Committee requests the Government to communicate its observations without delay on all the new allegations recently presented by the ICFTU, CUT, CTC, USO and ASODEFENSA.

Response to the recommendations made by the Committee at its November 1999

meeting [see 319th Report, para. 116]
Subparagraph (a)
Murders
=================================================================
Name
Date Place Trade union Presumed
organization perpetrators
=================================================================
Antonio Moreno Asprilla 1
12.08.95 Antioquia Sintrainagro Self-defence groups
Observations:
Prosecutor's Office, Medellín: File No.18542 (apparently for
being a guerrillero). Involved: Over Silgado and others
Manuel Ballesta Alvarez 2 13.08.95 Antioquia Sintrainagro Self-defence
groups
Observations: Specialist judge, Medellín: File No.18542
(apparently for being a guerrillero or guerrilla auxilary)
Francisco Mosquera C.
05.02.96 Antioquia Sintramdarien Not indicated
Observations: Prosecutor's Office, Quibdó, "collecting evidence"
Carlos Antonio Arroyo
05.02.96 Antioquia Sintramdarien Not indicated
Observations: Prosecutor's Office, Medellín:
File No. 23050 - "preliminary stage"
Francisco Antonio Usuga
23.02.96 Antioquia Sintrainagro People's committees
Observations: Prosecutor's Office, Medellín: File No. 1813
Pedro Luis Bermúdez J.
06.06.95 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 1406 - "collecting evidence"
Armando Humanes Petro 3
23.05.96 Córdoba Fecode Self-defence groups
Observations:
Prosecutor's Office, Medellín: File No. 22837. Involved: Rafael
Kerguelen and Carlos Castaño Gil. Special Unit of Montería
William Gustavo Jaimes T.
28.08.95 Not indicated Anuc-campesino Not indicated
Observations: Prosecutor's Office, Bogotá: File No. 237279
- "preliminary stage". There was no link to trade unionism
Jaime Eliécer Ojeda
23.05.94 N.Santander Sintraminobras Self-defence groups
Observations:
Prosecutor's Office, Cúcuta: File No. 2485 -s. 326, CPP
Alfonso Noguera Cano
04.11.94 N.Santander Sintramunicipio Not indicated
Observations: Prosecutor's Office, Cúcuta:
File No. 7970 -"collecting evidence". The presumed author retracted
Alvaro Hoyos Pabón
12.12.95 Valle Sintratitan Self-defence groups
Observations:
Prosecutor's Office, Yumbo: File No. 527, s. 326, CPP
Néstor Eduardo Galindo 4
03.07.97 Valle Anthoc-Yumbo Self-inflicted
Observations: Prosecutor's Office, Cali:
File No. 79856. Links with FARC - handling explosives
Erieleth Barón Daza
03.05.97 Valle Not indicated Not indicated
Observations:
Prosecutor's Office, Cali: File No. 104995 - "preliminary stage"
Jhon Freddy Arboleda A.
03.07.97 Antioquia Fensuagro Not indicated
Observations:
Prosecutor's Office, Medellín: File No. 817 - "preliminary stage"
William Alonso Suárez Gil
03.07.97 Antioquia Fensuagro Not indicated
Observations: Prosecutor's Office, Medellín: "preliminary stage"
Eladio de Jesús Chaverra R.
03.07.97 Antioquia Fensuagro Not indicated
Observations: Prosecutor's Office, Medellín:
File No. 817 - "collecting evidence"
Luis Carlos Muñoz Z.
03.07.97 Antioquia Sintramunicipio Not indicated
Observations: Prosecutor's Office, Medellín:
File No. 98926 - "preliminary stage"
Nazareno de Jesús Rivera G.
03.12.97 Antioquia Sintrafronmines Not indicated
Observations: Military Penal Court
Héctor de Jesús Gómez C.
22.03.97 Antioquia Not indicated Not indicated
Observations: Prosecutor's Office, Segovia: File No. 2056.
Investigation reopened on 4 Jan. 2000
Gilberto Casas Arboleda
11.02.97 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 22858 - "preliminary stage"
Norberto Casas Arboleda
11.02.97 Antioquia Fensuagro Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 22858 - "preliminary stage". Special prosecutor
Alcides de Jesús Palacios C.
11.02.97 Antioquia Fensuagro Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 22858 - "preliminary stage". Special prosecutor
Argiro de Jesús Betancur 5
11.02.97 Antioquia Fensuagro Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 22858 - "preliminary stage". Special prosecutor
José Isidoro Leyton M.
22.03.97 Tolima CGTD-Tolima Delinquents
Observations: Prosecutor's Office, Bogotá:
File No. 7311. One person arrested
Eduardo Enrique Ramos M.
14.07.97 Antioquia Sintrainagro Not indicated
Observations: Prosecutor's Office, Apartadó: File No. 4960
Libardo Cuéllar Navia
23.07.97 Huila Fecode Delinquents
Observations: Penal Court 2 of Pitalito, Huila - motive:
car theft/four persons have been cleared
Wenceslao Varela T.
19.07.97 Bolívar Fecode Not indicated
Observations: Prosecutor's Office, 25, Mompox: File No. 396
Abraham Figueroa Bolaños
25.07.97 Caquetá Fecode Self-defence groups
Observations: Prosecutor's Office, Human Rights Unit:
File No. 253 (worked with indigenous peoples)
Edgar Camacho Bolaños
25.07.97 Caquetá Fecode Self-defence groups
Observations: Prosecutor's Office, Human Rights Unit:
File No. 251 (worked with indigenous peoples)
Félix Antonio Avilés A. 6
01.12.97 Córdoba Fecode Self-defence groups
Observations: Prosecutor's Office, Medellín: File No. 24365
(apparently perpetrator of attacks on FUNPAZCOR and GANACOR)
Juan Camacho Herrera
25.04.97 Bolívar Sindicato minero Not indicated
Observations: Prosecutor's Office, Human Rights Unit.
Arrest warrant issued for 2 persons
Luis Orlando Camacho G.
20.07.97 Cesar Not affiliated Not indicated
Observations: Prosecutor's Office, Aguachica:
File No. 4750 - s. 326 CPP
Hernando Cuadros M.
1994 N.Santander Uso-Tibú Guerrilla-EPL
Observations: Prosecutor's Office, Cúcuta: File No. 9364 -
"preliminary stage". The Attorney-General began an inquiry
because of allegations of involvement of the National Police
in this murder. The inquiry was archived in April 1997. Before
specialized judges, a public prosecutor stated that there was
evidence linking this murder to the subversive group, the EPL
Freddy Francisco Fuentes 7
18.07.97 Córdoba Fecode Guerrilla-ELN
Observations: Prosecutor's Office, Human Rights Unit: File
No. 245. The Attorney-General began an inquiry to show the link
between this murder and state agents. The inquiry was archived
Víctor Julio Garzón H.
07.03.97 Bogotá Fensuagro Self-defence groups
Observations: Prosecutor's Office, Human Rights Unit:
File No. 232 - "preliminary stage"
Isidro Segundo Gil Gil
03.12.96 Not indicated Sinaltrainal Not indicated
Observations: Prosecutor's Office, Human Rights Unit:
File No. 164 - "under inquiry"
José Silvio Gómez
01.04.96 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Chigorodó:
File No. 1850 - "preliminary stage"
Enoc Mendoza Riasco
04.07.97 Magdalena Fecode Guerrilla
Observations: Special delegation to the Prosecutor of Ciénaga
Luis Orlando Quiceno López
16.07.97 Antioquia Sutimac Self-defense groups
of Urabá
Observations: Prosecutor's Office, Santa Bárbara:
File No. 667 - "preliminary stage"
Arnold Sánchez Maza 8
13.07.97 Córdoba Fecode Self-defence groups
Observations: Specialist Prosecutor of Montería Prosecutor's
Office. Murder motive: membership in the ELN
Camilo Eliécer Suárez Ariza
21.07.97 Magdalena Fensuagro Self-defence groups
Observations: Prosecutor's Office, Santa Marta, and Regional
Office of Barranquilla: File No. 524/8988.
Assigned to a special prosecutor
Mauricio Tapias Llerena
21.07.97 Magdalena Fensuagro Self-defence groups
Observations: Prosecutor's Office, Santa Marta, and Regional
Office, Barranquilla: File No. 524/8988.
Assigned to a special prosecutor
Atilio José Vásquez Suárez
28.07.97 Bolívar FecodeE Not indicated
Observations: Prosecutor's Office, Barranquilla:
File No. 8578 (rector - kidnapped for extortion)
Odulfo Zambrano López
27.10.97 Atlántico Sintraelecol Self-defence groups
Observations: Prosecutor's Office, Barranquilla: File No. 9410
Alvaro José Taborda A. 9
08.01.97 Córdoba Fecode Self-defence groups
Observations: Prosecutor's Office, Human Rights Unit:
File No. 184/609
Elkin Clavijo
30.11.97 Antioquia Sintraporce Guerrilla-ELN
Observations: Prosecutor's Office, Nacional: File No. 25110
Alfonso Niño
30.11.97 Antioquia Sintraporce Guerrilla-ELN
Observations: Prosecutor's Office, Nacional:
File No. 369 - "preliminary stage"
Luis Emilio Puerta Orrego
22.11.97 Antioquia Sintraporce Guerrilla-ELN
Observations: Prosecutor's National Human Rights Unit
Fabio Humberto Burbano C.
12.01.98 Cauca Aseinpec-Cali Self-defence groups
Observations: Prosecutor's Office, Cali:
File No. 16318 - "collecting evidence"
Osfanol Torres Cárdenas
31.01.96 Antioquia Sintraempúblicas Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 165069, s. 326 CPP
Fernando Triana
31.01.98 Antioquia Fenaltrase-Ant. Self-defence groups
Observations: Prosecutor's Office: verification
Francisco Hurtado Cabezas
12.02.98 Nariño Festracol Not indicated
Observations: Prosecutor's Office, Human Rights Unit:
File No. 511, s. 326 CPP
Misael Díaz Urzola
26.05.98 Córdoba Feduniversitarios Not indicated
Observations: Prosecutor's National Human Rights Unit
Sabas Domingo Socadagui
03.06.97 Arauca Not indicated Not indicated
Observations: Special DAS Unit: File No. 2533
(apparently a crime of passion - homosexual relations)
Jesús Arley Escobar P.
18.07.97 Valle Aseinpec Not indicated
Observations: Prosecutor's Office, Cali: File No. 104995
José Raúl Giraldo H.
25.11.97 Antioquia Sindicons Self-defence groups
Observations: Prosecutor's Office, Medellín:
File No. 160872, s. 326 CPP
Bernardo Orrego Orrego
06.03.97 Antioquia A. Vendedores Police
Observations: Polinal Medellín: File No. 751.
Police officer arrested
Eduardo Umaña Mendoza 10
18.04.98 Bogotá No connection with Hired assassins
trade union movement.
Independent criminal lawyer
Observations: Prosecutor's Office: File No. 346. Inquiry in
progress; six persons arrested. The apparent perpetrator was
recently extradited from Spain
=================================================================
Notes:
1 Antonio Moreno Asprilla, murdered in Chigorodó on 12 August 1995. According
to the Prosecutor's Office of Medellín, the perpetrators were five members of
a self-defence group. Motive: "apparently for being a guerrillero". File No.
18542.
2 Manuel Ballesta Álvarez. File No. 18542 being handled by a specialist judge.
Motive: "apparently for being a guerrillero or guerrilla auxillery".
3 Armando José Humanes Petro, teacher, murdered on 23 May 1996; managed the
teachers' housing cooperative. According to the report of the Police
Department of Córdoba - Judicial Police and Investigations Section, Humanes
Petro "was a member of the urban structure of the EPL". Rafael Gerguelen
(currently under arrest) and Carlos Castaño Gil, members of a self-defence
group, have been linked with this crime and charged accordingly.
4 Néstor Eduardo Galindo. According to a recent report of the Prosecutor's
Office of Cali, he caused his own death while handling explosives. Had links
with the FARC-EP guerrilla movement.
5 Argiro de Jesús Betancur E. Linked to an indictment for rioting brought by
the Terrorism Unit of the Prosecutor's Office. File No. 2788 of 1996. Accused
of "active participation in subversion".
6 Félix Antonio Avilés Arroyo, murdered on 1 December 1997. A member of the
M-19. His murder is claimed by a self-defence group, ostensibly for his
participation in terrorist attacks in Montería. The investigation is being
conducted by the Specialist Prosecutor's Office of Montería (Police Department
of Córdoba - Judicial Police and Investigation Section).
7 Freddy Francisco Fuentes Paternina, teacher. According to reports from the
Police Department of Córdoba - Judicial Police and Investigation Section, "he
was a member of the guerrilla group Corriente de Renovación Socialista".
According to a public statement by the guerrilla organization known as the
National Liberation Army (ELN), he was the subject of a political trial for
embezzlement of funds belonging to the "Astolfo Gonzáles" Front that he had
been entrusted with to carry out terrorist acts against political leaders and
public corporation candidates. Fuentes Paternina was known in the "Astolfo
Gonzáles" Front as "el Docto"; he was a member of the Tactical-Military
Committee and of the ELN urban militias in Montería.
8 Arnold Enrique Sánchez Maza, kidnapped from his home by persons travelling
in a van on 13 July 1997 and subsequently murdered. Hypothesis: paramilitary
groups. Motive: member of the ELN's "Astolfo Gonzáles" Front. At the time of
his murder, Sánchez Maza was unemployed and was not a member of the teaching
profession (Police Department of Córdoba - Judicial Police and Investigation
Section).
9 Alvaro José Taborda Alvarez, teacher, murdered on 8 January 1997. According
to a police report, the self-defence groups claimed responsibility for the
murder in a communiqué issued in Montería, accusing him - along with others -
of responsibility for the terrorist attacks against the headquarters of
FUNPAZCOR and GANACOR (POLINAL).
10 José Eduardo Umaña Mendoza, lawyer, murdered in Bogotá on 18 April 1998.
The investigation of the Prosecutor's Office, under File No. 346, is currently
in process. Six persons linked to the crime are in preventive detention. A man
who was apparently the perpetrator of the crime was recently extradited from
Spain. Umaña Mendoza was the defence lawyer for a group of USO union members
who were under arrest for crimes unconnected with their trade union activities
(rioting and terrorism). He was neither a member nor an official of a trade
union.
=================================================================
Disappearances
- Rodrigo Rodriguez Sierra. Disappeared on 16 February 1995. President of
SINTRAPROACEITES. Accused: member of the National Police. The Attorney-General
undertook an investigation which was archived in February 1997.
- Ramón Alberto Osorio Beltran. Disappeared on 13 May 1997. The
Attorney-General ordered the opening of the preliminary inquiry on 15 August
1997.
Subparagraph (b)
Murders and attempted murders
=================================================================
Name
Date Place Trade union Presumed
organization perpetrators
=================================================================
Murders
José Vicente Rincón 1
07.01.98 Santander Sintrafercol Guerrilla-ELN
Observations: Prosecutor's Office, 1a, Barrancabermeja:
File No. 12371, s. 326, CPP
Jorge Boada Palencia 2
18.04.98 Bogotá Aseinpec Not indicated
Observations: National Prosecutor's Office, Human Resources Unit:
File No. 353, "currently in process"
Jorge Duarte Chávez 3
09.05.98 Santander USO Not indicated
Observations: Prosecutor's Office, 8a, Barrancabermeja:
File No. 13205
Carlos Rodríguez M. 4
10.05.98 Atlántico USO Not indicated
Observations: Prosecutor's Office, Barranquilla
Arcángel Rubio Ramírez 5
08.01.98 Cundina-marca Sittelecom Not indicated
Observations: Prosecutor's Office, Fusagasugá:
File No. 4825, s. 326, CPP (motive: apparently car theft)
Orfa Lígia Mejia
07.10.98 Nariño Fecode Not indicated
Observations: Prosecutor's Office, 22, Ipiales: File No. 330
Macario Herrera Villota
25.10.98 Huila Fecode Delinquents
Observations: Prosecutor's Office, Neiva: File No. 1664
(motive: theft of a taxi)
Víctor Eloy Mieles Ospino and Rosa Ramírez 6
22.07.99 Cesar None Self-defence groups
Observations: Prosecutor's Office: in the process of collecting
evidence. Neither he nor his wife was involved with any trade union
movement
Attempted murders
Virgilio Ochoa
16.10.98 Santander Sintracuenponal Not indicated
Observations: Prosecutor's Office, collecting evidence
Eugeniano Sánchez
16.10.98 Santander Sintracuenponal Not indicated
Observations: Prosecutor's Office, collecting evidence
Benito Rueda Villamizar
16.10.98 Santander Sintracuenponal Not indicated
Observations: Prosecutor's Office, collecting evidence
=================================================================
Notes:
1 José Vicente Rincón. The General Inspectorate - Human Rights Group of the
National Police, state that their inquiries have established that the
perpetrators of the crime are known under the aliases of "Pepe", "Chuzo" and
"Petete" and are active members of the ELN urban militias operating in the
north-west sector of Barrancabermeja (POLINAL).
2 Jorge Boada Palencia, INPEC union official, murdered on 18 April 1998.
Murder perpetrated by Hugo Toro Restrepo, alias "Bochica" (POLINAL).
3 Jorge Duarte Chávez, murdered in Barrancabermeja on 9 May 1998. Intelligence
sources indicate that the crime was committed by persons operating under the
aliases of "Andrés", "Walfran" and "Ramón" or "Ramiro", members of the ELN
people's militias (POLINAL).
4 Carlos Rodríguez Márquez, murdered in Barranquilla on 10 May 1998. According
to POLINAL sources, he was murdered for reasons connected with personal or
family problems, as is apparent from statements by the children of his
companion.
5 Arcángel Rubio Ramírez Giraldo, member of the Telecom trade union, murdered
in the municipality of Venecia, Cundinamarca. Investigations conducted by the
Sectional Prosecutor's Office under File No. 4825, Fiscal 05. Statements have
been taken from María Cenelia Zuluaga, Luis Alfredo Ríos, Benigno Vela,
Guillermo León Pérez, Rosalba González, Miguel Fernández and José Evert
Rodríguez. According to the investigation being conducted by the Police
Department of Dundinamarca - National Police Section, "an analysis of events
suggests that the crime may have been committed by a gang of car thieves
since, in addition to the loss of a blue Chevrolet Samurai (registration
number MQC 136), other belongings of the victim such as a gold chain, cellular
phone, magnetic telephone belonging to Telecom, BCH credit card, various tools
from the car and from Telecom, etc., were also taken".
6 Victor Eloy Mieles Ospino and Rosa Ramírez, murdered in 1999. Mieles Ospino
had had to leave the country after being threatened, apparently by
self-defence groups. Shortly after his return to the country he resigned from
CICOLAC and settled in another area from where he had been threatened. It is
not known why he returned to the area he had left, where he was unfortunately
murdered with his wife. He had not been involved in any trade union activity
for a long time, following his exile and resignation from the company (and
therefore his trade union office).
=================================================================
Subparagraph (c)
Murders
=================================================================
Name
Date Place Trade union Presumed
organization perpetrators
=================================================================
Oscar Artunduaga Núñez
1998 Valle Sintraemcali Hired assassins
Observations: Prosecutor's Office, Cali: File No. 154765.
Two men, one dead, the other on the run
Jesús Orlando Arévalo
14.01.99 Arauca None, retired ELN
Observations: First Prosecutor's Office, Arauca:
File No. 2533. Collecting evidence
Moisés Canedo Estrada
20.01.99 Antioquia No links with Not indicated
the trade union
movement
Observations: Prosecutor's Office, Medellín,
transferred from Amalfi
Gladis Pulido Monroy
18.12.98 Boyacá FECODE Guerrilla
Observations: Prosecutor's Office, Santa Rosa de Viterbo:
File No. 750 ("La Libertad", municipality of La Capilla).
The absence of sufficient results would be due to the fear of
certain persons testifying who had knowledge of the facts
Oscar David Blandón
Observations: Prosecutor's Office, collecting evidence
Oswaldo Rojas Sánchez
11.02.99 Valle Sintramunicipio Sicario
Observations: Prosecutor's Office, Cali: File No. 163215.
Collecting evidence. Resigned from the Protection Branch
Julio Alfonso Poveda
17.02.99 Bogotá No links with Self-defence groups
the trade union
movement
Observations: Prosecutor's Office: National Human Rights Unit:
File No. 461, investigation in progress. Four persons linked
to the crime
Pedro Alejandrino Melchor
06.04.99 Caldas FECODE Guerrilla FARC
Observations: Special Prosecutor of Manizales: preliminary stage
Gildardo Tapasco
06.04.99 Caldas FECODE Guerrilla FARC
Observations: Special Prosecutor of Manizales: preliminary stage
Manuel Salvador Avila 1
22.04.99 Santander Sintrainagro Self-defence groups
Observations: Prosecutor's Office: information from POLINAL
Esaú Moreno Martínez
05.04.99 Atlántico Sintraiss Sicario
Observations: Prosecutor's Office, Barranquilla: File No. 12280
=================================================================
Note:
1 Manuel Salvador Avila Ruiz, President of SINTRAINAGRO - Puerto Wilches
Section. The Police Department of Santander - Judicial Police and
Investigation Section - Homicides and Illegal Armed Groups Unit, in
communication No. 3620 of 20 September 1999 responded to a 3 June 1999 request
from the Office of the United Nations High Commission for Human Rights in
Colombia as follows:
The victim worked at the Palmas Bucarelia Company where he was Inspector for
Industrial Safety and had been elected President of SINTRAINAGRO - Puerto
Wilches Section. The kidnapping and subsequent murder of Manuel Salvador Avila
Ruiz occurred around 7.30 p.m. on 22 April 1999 as he was returning to Puente
Sogamoso from Bucaramanga with Francisco Javier Meza Cadavid, who was also
working for the Palmas Bucarelia Company at the time. At Patio Bonito on the
Magdalena Medio main road from Puerto Araujo to San Alberto, they were
intercepted by a dual cabin green van with no number plates in which six armed
persons were travelling; when they were asked their names, one of the
kidnapped persons pointed to Manuel Salvador and said "It is him", whereupon
the kidnappers pushed him into the green van. He was found murdered the next
day.
Investigations so far indicate that the murder was committed by the AUSAC
self-defence units of Santander and el Sur del Cesar on orders from a person
bearing the alias "Samuel", since the green van used by the delinquents on
this occasion had been involved in other criminal acts such as the recent
murder of Carlos Barón.
The investigation shows that Manuel Salvador Avila Ruiz was thought to have
planned the kidnapping of ten senior engineers of the Palmas de Bucarelia,
Brisas y Monterrey companies on 17 September 1997. They were held hostage by
the FARC's Frente 24 for six months.
The commander of the self-defence group is Guillermo Cristancho Acosta, alias
"Camilo".
The Police Department ordered an investigation and 20 statements have been
collected which will be submitted to the Specialist Prosecutor's Office of
Cúcuta where the relevant files have been sent. (Signed by Brigadier General
Tobías Durán Quintanilla - Departmental Police Commander, Santander.)
=================================================================
Subparagraph (d)
=================================================================
Name
Date Place Trade union Presumed
organization perpetrators
=================================================================
Ernesto Emilio Fernández F.
20.11.95 Cesar Fecode Self-defence groups
Observations: National Prosecutor's Office, Human Rights Unit:
File No. 111, "collecting evidence". The Attorney-General began
an inquiry following denunciations of possible responsibility of
state agents. The inquiry was archived in May 1996 due to lack of
merit
Libardo Antonio Acevedo
07.07.96 Valle Festralva-CTC Not indicated
Observations: Special Prosecutor
Magali Peñaranda Arévalo
27.07.97 N.Santander Sintramunicipio Not indicated
Observations: Submitted to a special investigation
David Quintero Uribe
07.08.97 Cesar Sintracuacesar Not indicated
Observations: Submitted to a special investigation
Aurelio de J. Arbeláez
04.03.97 Antioquia Sintrafromines Not indicated
Observations: Prosecutor's Office, Segovia: File No. 1902.
The investigation was reopened on 4 Jan. 2000
José Guillermo Asprilla T.
23.07.97 Antioquia Sintrainagro Not indicated
Observations: Prosecutor's Office, Chigorodó: File No. 4969.
The investigation was reopened on 14 Dec. 1999
Carlos Arturo Moreno L.
07.07.95 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Apartadó: File No. 3710.
The investigation was reopened on 14 Dec. 1999
Luis Abel León Villa
21.07.97 Antioquia None Not indicated
Observations: Prosecutor's Office, Amagá: File No. 896.
The investigation has been reopened. Not a trade unionist
=================================================================
Subparagraphs (e) and (f)
Threats
The Government communicated information on measures of protection for some
union leaders and offices which the complainant had not mentioned.
Following an inquiry, the trade union officials listed below have been granted
adequate protection under the Risk Evaluation and Protection Programme for
persons in a "high-risk" situation:
Yesid Camacho Jiménez, official of ANTHOC Tolima, two escorts
Luz Amparo Cahavarria, official of CUT Antioquia, two escorts
Jesús Ruiz, official of CUT Antioquia, two escorts
Over Dorado, official of CUT Antioquia, two escorts
Carlos Posada, official of CUT Antioquia, one escort
Nicolás Castro Olaya, official of CUT Atlántico, one escort
Islena Rey Rodríguez, official of CUT Meta, two escorts
Pedro Barón Gutiérrez, official of CUT Tolima, one escort
Carlos Arbey González Quintero, official of CUT Valle, two escorts
Alexander López, President of SINTRAEMCALI, two escorts
Nelson Amaya Guevara, official of CUT Valle, two escorts
SINTRA, municipality of Cartago (Valle), two escorts and one vehicle
Other persons threatened
Bertina Calderón. A government report of 15 January 1999 stated that Bertina
Calderón, currently a CUT official, "has been granted protection along with
the other CUT officials". No trade union headquarters has better security than
the CUT; in addition to a safety perimeter, ID checks and videos (ninth
floor), a large number of escorts have been assigned to the CUT officials on
its premises. The two trade union representatives on the Risk Evaluation
Committee (both members of the CUT) have not made an official request for
personal protection for Bertina Calderón, and the Government is not aware that
any allegations have been lodged with the Prosecutor's Office or any other
state security body to the effect that she has been threatened.
According to a report submitted on 20 September, the situation of a large
number of trade union organizations that have requested special protection has
been carefully studied. The Risk Evaluation Committee approved the setting up
of safety perimeters for 42 trade unions and for the National Trade Union
School of Antioquia. The following organizations currently have a safety
perimeter and protection:
National CUT - Single Workers' Confederation, Santafé de Bogotá
National CTC - Workers' Confederation of Colombia, Santafé de Bogotá
National CGTD - General Democratic Workers' Confederation, Santafé de Bogotá
National FECODE - National Teachers' Federation, Santafé de Bogotá
ASONAL JUDICIAL - National Association of Public Servants and Employers of the
Judiciary, Cúcuta
ASINORT (affiliated to FECODE-CUT) - Teachers' Trade Union Association of
North Santander, Cúcuta
CUT - Single Workers' Confederation, Cúcuta Section
ANTHOC - National Association of Hospital Workers, Ibagué
ANTHOC - National Association of Hospital Workers, Ocaña
SINTRAELECOL - Electrical Workers' Trade Union of Colombia, Pasto
FENSUAGRO - National Agricultural Workers' Single Trade Union Federation,
Santafé de Bogotá
SINTRATELEFONOS - Telephone Company Workers' Trade Union, Santafé de Bogotá
SINALTRAINAL - National Food Industry Workers' Trade Union, Santafé de Bogotá
Subparagraph (g)
Threats
According to information from the Prosecutor's Office, the situation of the
investigations conducted into threats against the persons listed below is as
follows:
Martha Cecilia Cadavid. File No. 25323. Investigation carried out by the
Specialist Unit of the Prosecutor's Office of Medellín.
Carlos Hugo Jaramillo. File No. 27222. Investigation carried out by the
Specialist Unit of the Prosecutor's Office of Bogotá. Shelved on 4 December
1997, no reason having been found to pursue the investigation.
José Luis Jaramillo Galeano. File Nos. 154543 and 154719. Investigation
carried out by the Public Security Unit. According to the latest report,
"collecting evidence".
Rangel Ramos Zapata. File No. 161950. Carried out by the Public Security Unit
of Medellín, "collecting evidence". The study of the revaluation of the level
of risk and seriousness of practical threats by Mr. Zapata undertaken by the
Directorate of Protection of the Department of Administration and Security
(DAS) concluded that there was no evidence of factors or situations against
the liberty, life or integrity of the evaluator. Nevertheless, the Office of
Security of the Department of Antioquía provided its guard with a vehicle and
some weapons. The DAS section of Antioquía carried out studies of security and
risk by Ramos Zapata. In 1998 it provided for two revolvers, two communication
radios, two bullet-proof vests and one vehicle.
Jorge Eliécer Marín Trujillo. File No. 2851. Investigation carried out by the
Prosecutor's Office, 24. Suspended on 2 July 1998, insufficient grounds having
been found to pursue the investigation.
Víctor Ramírez. File No. 7096. Investigation carried out by the
Barrancabermeja Section Unit of the Prosecutor's Office. A restraining order
was issued on 21 April 1995, no grounds having been found to take any action
against the persons alleged to be responsible.
As regards the other cases referred to in paragraph 107, of which the
Prosecutor's Office has taken note, no information is forthcoming on the
investigations as the allegations have not been duly submitted to the
Prosecutor's Office.
Subparagraph (h)
Arrests
Luis David Rodríguez Pérez. Neither the company (INCORA) nor the trade union
(SINTRADIN) have reported his alleged arrest. Inquiries conducted by the
Ministry of Labour and Social Security with the Human Resources Directorate of
INCORA, "Rodríguez Pérez was separated from and compensated by the company on
1 May 1993. He was subsequently granted a pension from 25 December 1994 when
he reached retirement age. He is currently receiving his pension in the
municipality of Arauca where he lives".
Elder Fernández and Gustavo Minorta. "Following inquiries into Elder Fernández
and Gustavo Minorta, said to be members of ECOPETROL (USO) and to have been
arrested in December 1996, both USO and ECOPETROL stated that they were
unknown to them and that they had not reported any such arrest. It is
therefore important that the Committee on Freedom of Association of the ILO
request its source for more details". Elder Fernández and Gustavo Minorta "are
not members of USO and are not listed as being under arrest by any
administrative or judicial authority".
Subparagraph (i)
Regarding the "allegations concerning acts of violence on which the Government
has not sent information or has sent insufficient information for it to be
established whether an investigation has been opened", the following
information is submitted:
=================================================================
Name
Date Place Trade union Presumed
organization perpetrators
=================================================================
Murders
Manuel Francisco Giraldo
22.03.95 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Apartadó:
File No. 17684, "preliminary stage"
Luis David Alvarado
22.03.96 Antioquia Sintrainagro Guerrilla
Observations: Prosecutor's Office, Apartadó: File No. 4134
(listed as Álvaro David). Investigation reopened in Dec. 1999
Eduardo Enrique Ramos M.
14.07.97 Antioquia Sintrainagro Not indicated
Observations: Prosecutor's Office, Apartadó
File No. 4960, "preliminary stage"
Marcos Pérez González
10.10.98 Not indicated Sintraelecol Not indicated
Observations: Prosecutor's Office: in progress
Jorge Luis Ortega G. 1
20.10.98 Bogotá Sintraelelcol-CUT Not indicated
Observations: National Prosecutor's Office, Human Rights Unit:
File No. 398. Several persons arrested
Hortensia Alfaro Banderas
24.10.98 Cesar Sindesc Self-defence groups
Observations: Prosecutor's Office, Barranquilla:
File No. 11353, "preliminary stage"
Jairo Cruz
26.10.98 Cesar Proaceites Not indicated
Observations: Special Prosecutor of Valledupar. Case No. 13215
Luis Peroza
12.02.99 Cesar Fecode Self-defence groups
Observations: Prosecutor of Valledupar: in progress
Numael Vergel Ortiz
12.02.99 Cesar Fecode Self-defence groups
Observations: Prosecutor of Valledupar: in progress
Gilberto Tovar Escudero
15.02.99 Valle Sintracartago Self-defence groups
Observations: Prosecutor's Office, in progress
Albeiro de Jesús Arce V.
19.03.99 Valle Sintracartago Self-defence groups
Observations: Prosecutor's Office: in progress
Ricaurte Pérez Rengifo
25.02.99 Antioquia Fecode Not indicated
Observations: Prosecutor's Office: in progress
Antonio Cerón Olarte
Huila Fecode Not indicated
Observations: Prosecutor's Office: in progress
Attempted murders
Gilberto Carreño
Observations: Prosecutor's Office: in progress
Cesar Blanco Moreno
28.08.95 N.Santander Not indicated Not indicated
Observations: Prosecutor's Office: File No. 2239. Several
statements have been collected. Special intervention by the
Office of the Public Prosecutor
Fernando Morales, Alberto Pardo and Esaú Moreno
1999 Atlántico Sintraiss Not indicated
Observations: Special Investigation Unit of the Prosecutor's Office:
in progress
Physical aggression 2
Public enterprises - Cartagena
29.06.99 Bolívar Public enterprise POLINAL
trade unions
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Cesar Castaño, Luis Cruz and Janeth Leguizamón - ANDAT
06.01.97 Not indicated ANDAT POLINAL
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Mario Vergara and Heberto López
N. P. Bogotá SITTELECOM POLINAL
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
TELECOM workers
13.10.98 Bogotá SITTELECOM POLINAL
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Protest march Plaza de Bolívar
20.10.98 Bogotá Workers POLINAL
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Disappearances
Jairo Navarro
06.06.95 Antioquia Sintrainagro Self-defence groups
Observations: Prosecutor's Office: kidnapped from the "La Playa"
ranch, Carepa
Rami Vaca 3
27.10.97 Cesar Not indicated ELN
Observations: POLINAL: held by the ELN and freed three days later
Misael Pinzón Granados 4
07.12.97 Santander Sintrainagro Self-defence groups
Observations: Prosecutor's Office, Cúcuta:
kidnapped in Puerto Wilches
Justiniano Herrera Escobar
30.01.99 Antioquia Not indicated Not indicated
Observations: Prosecutor's Office: in progress
Detentions
José Ignacio Reyes 2
08.10.98 Bogotá SITTELECOM
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Orlando Rivero and Sandra Parra 2
16.10.98 Bogotá Not indicated
Observations: This case will be taken over by the Human Rights
Directorate of POLINAL
Paro Cívico Nacional 5
31.08.99 National strike Participants POLINAL
Observations: File No. CIOSL:277, CUT:300. Arrested.
The whereabouts of several people are unknown
Unlawful imprisonment
Horacio Quintero and Oswaldo Blanco Ayala
31.05.99 Not indicated USO Self-defence groups
Observations: Held and interrogated. "Freed after having received
death threats." Additional information being requested from the
Prosecutor's Office
=================================================================
Notes:
1 Jorge Luis Ortega, Vice-President of the CUT, murdered on 20 October 1998.
According to the Prosecutor's Office, by decision of 15 June 1999, Ovidio
Serrano Avendaño was placed under preventive detention. The data bank shows
that Ortega García was threatened in writing and by telephone on 23 April 1998
(source: CUT). He was also arrested for rioting in the municipality of Mesitas
del Colegio on 2 December 1994. Two former members of the National Police:
Rafael Cépedes Álvarez and Edgar Armando Daza Díaz, thought to be the
perpetrators of the crime, were arrested in December 1999.
2 Regarding the physical aggression against and detention of José Ignacio
Reyes, Orlando Rivero and Sandra Parra, no allegations have been submitted to
the Prosecutor's Office. At the request of the Ministry of Labour and Social
Security, these cases will be taken over by the Human Rights Directorate of
POLINAL.
3 Rami Vaca, trade union official of ECOPETROL. According to the DAS, Rami
Vaca and 11 employees of ECOPETROL were kidnapped on 27 October 1997 by the
ELN's Frente Camilo Torres Restrepo in Los Caliches (César). All were released
(National Police report, 16 September 1999).
4 Misael Pinzón Granados, trade union official of SINTRAINAGRO - Puerto
Wilches Section. Kidnapped on 12 July 1996 by the AUSAC, led by Guillermo
Cristancho Acosta, alias "Camilo". The Police Department of Santander has
heard 23 statements and made two identikit portraits of individuals known
under the aliases of "Salomón" and "Walter". These will be sent to the General
Prosecutor's Office which is investigating the case under summons No. 12,458.
"Walter" died in a confrontation with the ELN's "Capitán Parmenio" Front on 29
May 1999 in the municipality of Zapatoca and was identified as Mauricio
Sánchez Bravo.
5 Under an agreement signed with the organizers of the national strike on the
night of 31 August 1999, the persons arrested were released - except for those
guilty of crimes, who were duly charged. This was accepted by the organizers,
as shown in the record of proceedings. In the light of this agreement, the
Ministry of Labour and Social Security asked the workers' confederations for a
list of the detainees, who were immediately turned over to the Human Rights
Directorate of the National Police. The latter immediately notified the
Ministry of the police stations where the detainees were being held and of the
Prosecutor's Offices where those who had been charged had been sent. The vast
majority of the detainees were neither union members nor inhabitants of the
districts where the disturbances took place.
According to the Human Rights Directorate of the Police in Bogotá, where the
demonstration was most effective, 201 persons were briefly detained and 58
were charged, many of them being subsequently released by the local
Prosecutor's Offices.
=================================================================
Information concerning some of the new allegations
Murders of trade union leaders:
(1) César Herrera. His murder is attributed to the FARC.
(2) Jesús Orlando Crespo García. Information is being awaited from the Public
Prosecutor.
Subparagraph (j)
The Ministry of Labour and Social Security has not received any reply from the
organizations that submitted complaints against the Andino, Citibank,
Sudameris and Anglo Colombiano banking corporations in response to the
Committee on Freedom of Association's request that they explain the reasons
for their allegations. Any communications sent by the complainant
organizations will be handled by this office.
Subparagraph (k)
[The Government has already responded to this point.]
Subparagraph (l)
The Ministry of Labour and Social Security will inform the Committee on
Freedom of Association of the court cases brought by Germán Bulla and Darío
Ramírez as soon as it has additional information.
Subparagraph (m)
- No information is available on the raiding of the Single Agricultural Trade
Union Federation (FENSUAGRO), on the telephone tapping of its headquarters and
trade union members or on the surveillance of the Federation's President, Luis
Carlos Acero, by armed persons. As far as has been ascertained, these
allegations have not been reported to the Colombian authorities.
- Regarding the raiding of the headquarters of the Executive Committee of the
CUT-Atlántico and the aggression against Lydis Jaraba by 15 armed men on 6
February 1998, the Colombian authorities have not been requested to conduct an
inquiry into any such allegations. The Government has nevertheless requested
the National Prosecutor's Office to assign the case to one of its special
investigation subunits for it to carry out the necessary inquiry.