Interim Report - Report No 314, March 1999

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

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

1. 4. The Committee last examined this case at its November 1998 meeting (see 311th Report, paras. 272 to 292). The International Confederation of Free Trade Unions (ICFTU) sent additional information in communications dated 4, 13 and 25 November 1998 and 26 January and 2 and 12 February 1999. The Latin American Central of Workers (CLAT) forwarded new allegations in communications dated 21 and 28 January 1999.
2. 5. The Government sent its observations in communications dated 12 November, 10 and 16 December 1998 and 6, 8 and 15 January 1999.
3. 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

1. 7. During the previous examination of the case, when it dealt with allegations concerning the murder of and other acts of violence against trade union officials and members, as well as anti-union dismissals, the Committee made the following recommendations (see 311th Report, para. 292, sections (b), (c), (d), (e), (f) and (g)):
2. -- The Committee asks the Government to keep it informed of the result of the investigations and judicial proceedings that have been instituted in connection with (a number of) murders, disappearances, death threats and detention involving trade union officials and members. (Annex I contains the list of the trade union leaders and members in question.) ...
3. -- The Committee notes that the Government has not sent its observations on the numerous pending or presented allegations in 1998 in connection with the murders, disappearances, death threats and physical aggression involving trade union officials and members, as well as raids on union premises (see Annex II for the complete list of the allegations on which the Government has not communicated its observations), and urges it to communicate its observations on all the allegations without delay. Moreover, in the light of the prevalence of violence in Colombia against trade unionists, the Committee urges the Government to take immediate measures to provide protection for those trade union officials and members who have received death threats whose names are listed in the annex to this report.
4. -- The Committee urges the Government to keep it informed regarding the results of the appeal lodged by the Banco Andino against the administrative decision which imposed a fine for violation of convention standards, and regarding the inquiry it ordered into the alleged anti-union acts committed by the authorities of the Banco Andino and Citibank. Similarly, the Committee asks the Government to extend the scope of the inquiry to include the Sudameris and Anglo Colombiano banks, which are also mentioned by the complainants, and that if the allegations are substantiated, to punish those responsible for such acts and to prevent any recurrence in the future.
5. -- The Committee asks the Government to communicate without delay its observations on the allegations regarding acts of trade union persecution against officials and members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA).
6. -- The Committee requests the Government to forward without delay its observations on the allegations submitted by the ICFTU, CLAT, CUT and CGTD in October 1998 concerning the murder, physical assaults, death threats and detention of trade unionists and trade union leaders arising out of the national strike of government workers. Furthermore, the Committee observes that Jorge Ortega García, Vice-President of the CUT, was among the trade union leaders murdered in October 1998, who the day he was murdered had signed a communication presenting new allegations relating to this case. The Committee deeply deplores the murder of Mr. Ortega García and observes that this is the second time that a trade union leader submitting a complaint of violations of trade union rights before the Committee on Freedom of Association is murdered.
7. -- The Committee reiterates its request to the Government to keep it informed on the results of the judicial process under way on the dismissal of trade union officials and members of the ALFAGRES S.A. and TEXTILIA Ltd. companies and of the Ministry of Finance.
8. B. New allegations and information
9. 8. The International Confederation of Free Trade Unions (ICFTU) in its communications of 4, 13 and 25 November 1998 and 26 January and 2 and 12 February 1999, and the Latin American Central of Workers (CLAT) in communications of 21 and 28 January 1999 raise the following allegations:
10. Murder and attempted murder of trade union officials and members
11. -- On 14 November 1998, Mr. Oscar Artunduaga Núñez, of the Union of Municipal Workers of Cali (SINTRAEMCALI) was murdered in district 20 of Cali. It is stated that Mr. Artunduaga Núñez had been on the list of those who had been threatened, which also included other officials of SINTRAEMCALI: Messrs. Alexander López, Alexander Barrios, Harold Viafara, Marcel Castagall, William Lozano, Robinson Emilio Masso, César Martínez, Luis Hernández, Ramiro Perlaza and Luis Enrique Imbaqui.
12. -- On 14 January 1999, Mr. Jesús Orlando Arévalo, health secretary of the Trade Union of Public Service Enterprise Workers of Arauca (SINTRAEMPSERPA) was murdered during an attack on his home in the capital of the department of Arauca. The murderer fired seven shots which caused the death of the trade union leader who was known for his militant trade unionism.
13. -- On 20 January 1999, Mr. Moisés Caicedo Estrada, trade union leader of SINTRE PORCE II, who had already been subjected to death threats, was murdered in Medellín, Antioquia.
14. -- On 18 December 1998 Ms. Gladys Pulido Monroy (trade unionist) was murdered in the municipality of Tutasá, district of La Capilla, in the department of Boyocá.
15. -- On 22 January 1999, Mr. Tarciso Mora, President of the Colombian Federation of Teachers (FECODE), was attacked in Bogotá, and almost killed as a result. This leader, along with six other leaders of CUT had already been subjected to death threats during a strike which took place in October 1998.
16. -- On 23 January 1999, Mr. Osvaldo Rojas Arévalo, President of the Union of Workers of the Department of Cali, who had already received a number of death threats at his home and at the trade union premises, was attacked near his home in Cali by an armed gunman, and as a result suffered serious physical injuries.
17. -- On 31 January 1999, Mr. Oscar David Blandón González, attorney of the Union of Municipal Workers of Bello, was murdered, probably by las Autodefensas Unidas de Colombia (a paramilitary group).
18. Death threats
19. -- On 13 October 1998 a note was left at the office of the Bank Employees Union threatening the life of the following trade union leaders of that organization: Messrs. Rafael Tobías Peña, Yuli Gonzáles, Segundo Mora, Alvaro Pulido and Olimpo Cárdenas.
20. -- The following trade union leaders have again been threatened: Hernado Hernández and Gabriel Alvis, President and Vice-President of the Workers' Trade Union (USO), Jesús Baldivino, President of SINTELECOM, and Jesús Bernal, President of SINTRACREDITARIO.
21. -- In a communication of 25 November, the ICFTU demands the protection of the following trade union leaders who have received death threats: Héctor Fajardo Abril, Secretary-General of CUT, Tarcicio Mora, President of FECODE, Gabriel Alvis, Vice-President of USO, Jesús Bernal, President of the National Association of Employees of the Caja Agraria, Alexander López, President of SINTRAEMCALI, Over Dorado, leader of ADIDA and Rafael Baldobino, President of SINTELECOM.
22. C. The Government's reply
23. 9. The Government's communication of 15 January 1999 states generally that the Interinstitutional Commission for the Protection and Promotion of Human Rights was established in 1998, in response to the series of murders, disappearances, death threats and detentions of trade union leaders and members, as listed in the numerous allegations in connection with the cases before the Committee on Freedom of Association. The Commission is composed of representatives of the Office for the Protection and Promotion of Human Rights of the Ministry of Labour and Social Security, the workers' confederations of the trade unions at greatest risk, human rights non-governmental organizations (NGOs), the Episcopal Conference, the State's supervisory and investigatory bodies, the armed forces, together with the Office of the United Nations High Commissioner in Colombia. The Government specifies that such work is conducted in the context of the normal limitations established by criminal law in connection with the conduct of an investigation (pre-trial proceedings) and to the extent permitted by the natural complexity of the violence that has beset the country over the past four decades. Information was requested principally from the Office of the Procurator-General of the Nation, which is the body responsible for carrying out inquiries and gathering evidence regarding possible offences. It also decides whether a criminal proceeding is to be initiated based on the investigation. To begin the proceeding, the Prosecutor charges the suspects before a judge. The Office of the Procurator-General of the Nation is responsible for: (a) taking appropriate control measures in order to guarantee that the suspects are present during the proceedings; (b) providing protection for victims, witnesses and others involved in the proceedings. The Procurator-General of the Nation is required to investigate suspects and to respect their fundamental rights and procedural guarantees. All persons should report to the Procurator-General of the Nation any offences of which they are aware and collaborate with the system of justice as a witness or in reporting a crime. As ascertained by the ILO direct contacts mission in 1996, the Procurator-General of the Nation's Office is a body that is independent of the executive branch, belonging to the judiciary. Therefore, no ministry can give orders to the Procurator-General of the Nation's Office and may merely respectfully request the information it requires, provided that such information is not sub judice. Moreover, with a view to achieving optimal results in gathering information, the cooperation of other bodies was requested, including primarily the Ministry of the Interior, the National Attorney-General's Office and the national police. Consequently, the Government has been able to make some progress in its investigations. With respect to the outcome of investigation and judicial proceedings that had been initiated in connection with the following 84 cases of murder, disappearances, death threats and detentions of trade union officials and members, the Government states as follows:
24. A. Point 1
25. (a) Murders
26. (1) Antonio Moreno Asprilla (12 August 1995), murdered by persons presumed to belong to a paramilitary group in the municipality of Chigorodó. The case is being dealt with by the Apartadó branch of the Prosecutor's Office, filed as No. 1554, as reported by the Administrative Department of Security (DAS), according to document DAS.OJ.DH. 383 of 6 August 1998.
27. (2) Manuel del Cristo Ballesta (13 August 1995), SINTRAINAGRO activist from Chigorodó, Antioquia. The murderers are believed to be members of a paramilitary group (in all, 18 persons were shot at point-blank range).
28. (3) Francisco Mosquera Córdoba (5 February 1996), member of SINTRAMADARIEN, Urabá. The investigation, which is being carried out by the Regional Prosecutor's Office with responsibility in Quindó, is at the stage of gathering evidence.
29. (4) Carlos Antonio Arroyo de Arco (5 February 1996), member of SINTRAMADARIEN, Urabá. The case has been placed under the responsibility of the Medellín regional department of prosecutors' offices, filed as No. 23050; the investigation is at the preliminary stage.
30. (5) Francisco Antonio Usuga (23 February 1996), member of SINTRAINAGRO, Carepa, Antioquia. The murderers are believed to be members of commando groups. The investigation is being conducted by the Chigorodó Prosecutor's Office, filed as No. 1813. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
31. (6) Pedro Luis Bermúdez Jaramillo (6 June 1995), head of the farm workers' committee, Carepa, Antioquia. The investigation is being conducted by the Chigorodó Prosecutor's Office, filed as No. 1406. Two proceedings were transferred to the Carepa regional Prosecutor's Office as the competent authority on 9 June 1998; the suspects are being investigated and the inquiry is at the preliminary stage. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
32. (7) Armando Humanes Petro (23 May 1996), member of FECODE, Montería, Córdoba. The case is being conducted by the Medellín regional department of prosecutors' offices, filed under No. 2283718 and the investigation is at the preliminary stage of gathering evidence.
33. (8) William Gustavo Jaimes Torres (28 August 1995), president of the National Association of Peasant Users (ANUC). The Prosecutor's investigation is at the preliminary stage.
34. (9) Ernesto Emilio Fernández Pezter (20 November 1995), leader of ADUCESAR, murdered in the municipality of Pailitas, César, by persons believed to be hired assassins. The Chiriguaná Prosecutor's Office has closed the case and sent a copy of the file to the Human Rights Unit of the Office of the Attorney-General. Information provided by the DAS in document DAS.OJ.DH. 383 of 6 August 1998.
35. (10) Jaime Eliécer Ojeda (23 May 1994), president of SINTRAMINOBRAS, Ocaña, Norte de Santander. Murdered by hired assassins. He had previously received threats and was on a black list with a further 60 persons. The Prosecutor's Office states that an investigation has been opened.
36. (11) Alfonso Noguera Cano (4 November 1994), president of SINTRAMUNICIPIO, Ocaña, Norte de Santander. The case is being conducted by the regional department of prosecutors' offices of Cúcuta, filed under No. 7970 and the investigation is at the preliminary stage.
37. (12) Alvaro Hoyos Pabón (12 December 1995), member of SINTRATITAN, Yumbo, Valle. The murderers are believed to be members of a paramilitary group. The regional Attorney's Office states that the trade unionist had received threats. The case is being conducted by Yumbo branch Prosecutor's Office 114, filed under No. 527 and the investigation is at the preliminary phase.
38. (13) Libardo Antonio Acevedo (7 July 1996), president of FESTRALVA (CTC), Tuluá, Valle. The case is being conducted by the Cali regional department of prosecutors' offices, filed under No. 12873. Pursuant to a decision of 11 May 1998, the case has been provisionally closed, in accordance with article 326 of the Code of Criminal Procedure.
39. (14) Néstor Eduardo Galíndez Rodríguez (3 July 1997) who occupied the position of chairperson of the executive subcommittee of ANTHOC, Yumbo, Valle. The Prosecutor's investigation is at the preliminary stage.
40. (15) Erieleth Barón Daza (3 May 1997). The case is being conducted by Dagua branch Prosecutor's Office 132 , filed under No. 090062. The investigation is at the preliminary stage.
41. (16) Jhon Freddy Arboleda Aguirre (3 July 1997), member of SINTRAGRICOLAS, Maceo, Antioquia. The case is being conducted by the Medellín regional department of prosecutors' offices, filed under No. 817 and the investigation is at the preliminary stage.
42. (17) William Alonso Suárez Gil (3 July 1997), member of SINTRAGRICOLAS, Maceo, Antioquia. The investigation is at the preliminary stage.
43. (18) Eladio de Jesús Chaverra Rodríguez (3 July 1997), member of SINTRAGRICOLAS, Maceo, Antioquia. The investigation is at the preliminary stage.
44. (19) Luis Carlos Muñoz (3 July 1997), leader of SINTRAMUNICIPIO, Segovia, Antioquia. The investigation is being conducted by the Puerto Berrío Prosecutor's Office, filed under No. 1894. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
45. (20) Nazareno de Jesús Rivera García (3 December 1997), member of SINTRAFRONMINES, Amagá, Antioquia. The Prosecutor's investigation is at the preliminary stage.
46. (21) Héctor Gómez (22 March 1997), murdered in the central park of Remedios, Antioquia. The investigation is being conducted by the Segovia branch Prosecutor's Office, filed under No. 2056. Information supplied by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
47. (22) Gilberto Casas Arboleda (11 February 1997), member of SINTRAINAGRO, Apartadó, Urabá. The case is being conducted by the Medellín regional Prosecutor's Office, filed under No. 22858, and the investigation is at the preliminary stage. According to FENSUAGRO, the suspects are believed to be members of a paramilitary group.
48. (23) Norberto Casas Arboleda (11 February 1997), member of SINTRAGRICOLAS Antioquia, Apartadó, Urabá. The case is being conducted by the Medellín regional Prosecutor's Office, filed under No. 22858, and the investigation is at the preliminary stage. According to FENSUAGRO, the suspects are believed to be members of a paramilitary group.
49. (24) Alcides de Jesús Palacios Casas (11 February 1997), member of SINTRAGRICOLAS, Apartadó, Urabá. The case is before the 4th brigade of the regional Prosecutor's Office, filed under No. 22858, and the investigation is at the preliminary stage. According to FENSUAGRO, the suspects are believed to be members of a paramilitary group.
50. (25) Argiro de Jesús Betancur Espinosa (11 February 1997), member of SINTRAGRICOLAS, Apartadó, Urabá. A case was being brought against him by the Terrorism Unit of the Prosecutor's Office for rebellion, filed under No. 27884, 1996. He was accused of "active participation in subversion". The investigation is currently at the pre-trial stage which was opened on 5 October 1998. According to FENSUAGRO, the suspects are believed to be members of a paramilitary group.
51. (26) Bernardo Orrego Orrego (6 March 1997), member of the Association of Vendors, Medellín, Antioquia. According to the CUT, the police are believed to be responsible. The national police report No. 022 INSGE-GRUDH of 12 January 1999 states that "with regard to Case No. 64 on page 4 referring to the event which occurred on 6 May 1997 during which Bernardo Orrego Orrego was killed by the police, it has been established that the event occurred as the result of a police manoeuvre to remove the unlicensed street vendors' barrows from the metro viaduct, which led to acts of violence against the police". The police version states that the victim, who was involved in the action, threatened police officer Mosquera Mosquera Freddy with a knife, thereby forcing him to defend himself with his firearm, with the results recorded in reports. Immediately after the event occurred, Orrego Orrego's companions reacted by engaging in acts of violence which led to the burning of a bus belonging to the Empresa Transportes Medellín company, licence plates VXB-870 and subsequently caused damage to property at the junction of Carrera 51 with Calle 53: Sala X Villanueva, Heladería Monterrery, Carnicería Cruz, etc. Consequently, the police officer was suspended on 29 July 1997, pursuant to decision No. 2240, on the orders of the Directorate General of the National Police. The investigation in connection with the criminal proceedings, filed under No. 751, against the police officer for the murder of Bernardo Orrego Orrego has been closed, pending a decision on the merits of the pre-trial proceedings. It should be noted that the body in question has ordered the examining court to set up a number of commissions with a view to contributing to the pre-trial proceedings and arriving at an appropriate decision on the available evidence. This information was provided by the Chief Judge-Advocate of the Metropolitan Police of the Valle de Aburrá.
52. (27) José Isidoro Leyton Molina (22 March 1997), CGTD branch president, murdered in Ibagué, Tolima. According to information provided by the local DAS in Tolima, on 22 March 1997, in the first section of the pedestrian street opposite No. 5 of the Barrio Refugio in Ibagué, José Isidoro Leyton Molina was murdered by two men and one woman who fled on a white motorcycle; his body bore three bullet wounds. The body was examined and removed by duty permanent Procurator's Office 24. Document 2521 of 30 April 1997, addressed to the director of the branch DAS in Tolima by the above-mentioned Procurator's Office, transmits the warrant for the arrest of four individuals on a charge of the murder of José Isidoro Leyton Molina, filed under No. 7311. The judicial police units assigned to this branch subsequently arrested two people on 2 May 1997 in the city of Ibagué and on 4 June 1997 in the city of Santafé de Bogotá, who were later brought before unit 1 of the joint department for life, sexual offences and intra-family violence as the competent authority, as reported by Procurator's Office 24. The department opened pre-trial proceedings under No. 4191, conducted by Procurator's Office 10 (life) and later transferred on 3 June 1997 to the procurator assigned to the regional judges by document No. 4709, filed under No. 1391 of 6 June 1997. Subsequently, on 13 June 1997, the case was forwarded to the regional directorate of the Santafé de Bogotá Procurator's Office, document No. 1363, and was filed under No. 31570 of the terrorism unit of the regional directorate of Procurator's Offices, with a view to settling the legal position of the two individuals arrested by members of DAS. Pursuant to a decision of 17 October 1997, the regional judges of Bogotá ruled that one of the individuals who had been arrested should be released for lack of evidence. The other individual is currently being held in a Bogotá prison. The other two suspects in this crime are evading justice and warrants are still out for their arrest. DAS units are continuing intelligence work to discover their whereabouts. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
53. (28) Magaly Peñaranda (27 July 1997), member of SINTRAMUNICIPIO, Ocaña, Santander. Unit two for economic assets and public administration carried out an investigation, recorded under No. 3907, to identify the persons responsible. The investigation has been closed (article 326 of the Code of Criminal Procedure) through decision No. 046 of 1 June 1998. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
54. (29) David Quintero Uribe (7 August 1997), president of SINTRACUACESAR, Aguachica, Cesar. The investigation was carried out by Procurator's Office 15, recorded under No. 4787, inquiries were conducted to identify those responsible; the case has been forwarded for closure to the headquarters of the above-cited Procurator's Office on 5 March 1998. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
55. (30) Eduardo Enrique Ramos Montiel (14 July 1997), member of SINTRAINAGRO, murdered in Apartadó Urabá. The investigation is being carried out by the branch Procurator's Office of Apartadó, recorded under No. 4960. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
56. (31) Libardo Cuéllar Navia (23 July 1997), member of FECODE, murdered in the municipality of El Agrado, Huila. According to information forwarded by the Huila branch of DAS, on 23 July 1997, at approximately 19.00 hours, in the morgue of Barzón hospital, an examination was carried out of the body of Cuéllar Navia, who had been attacked in Balceadero, viá Garzón, El Agrado by unknown individuals who stole the motorcycle on which he had been travelling. The examination was carried out by the branch Procurator's Office 17 with the support of the SIJIN judicial police unit of Garzón, as recorded in certificate No. 044 of 23 July 1997. The body bore a round wound on the right side of the neck. Investigations into the event are being carried out by the above-cited Procurator's Office. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
57. (32) Wenceslao Varela Torrecillas (29 July 1997), member of SUDEB (FECODE), murdered in El Peón, Bolívar. The investigation is being carried out by Mompós branch unit 25, recorded under No. 396 and is at the preliminary stage.
58. (33) Abraham Figueroa Bolaños (25 July 1997), member of FECODE, murdered in the municipality of Milán, Caquetá. The investigation, which is being carried out by the Procurator's Office, recorded under No. 2729, is at the preliminary stage. According to the source (FECODE), the victim was working with the indigenous community.
59. (34) Edgar Camacho Bolaños (25 July 1997), member of ADIH (FECODE), murdered in the municipality of Milán, Caquetá. According to the source (FECODE), the victim was working with the indigenous community.
60. The teacher Luis Alberto Lopera Múnera was murdered at the same time as the teachers Abraham Figueroa Bolaños and Edgar Camacho Bolaños. According to information provided by the Caquetá branch of DAS, "on 25 July 1997, at 10.00 hours, in the Aguas Negras indigenous reserve, in the jurisdiction of the municipality of Milán, 20 unidentified individuals entered; their faces were painted and they carried weapons used exclusively by the armed forces. They murdered seven Coreguajes Indians, including the three above-cited teachers". Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
61. (35) Aurelio Arbeláez (4 March 1997), member of SINTRAFRONMINES, Segovia, Antioquia. The investigation was carried out by the unit appointed by the Segovia circuit criminal court, recorded under No. 1909. Under a decision of 8 June 1998, Procurator 75 ordered that the investigation should be suspended and, subsequently, on 17 July 1998, the case was closed. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
62. (36) José Guillermo Asprilla Torres (23 July 1997), member of SINTRAINAGRO, Apartadó. The investigation was carried out by the Apartadó branch Procurator's Office, recorded under No. 4969. On 9 June 1998, under article 326 of the Code of Criminal Procedure, the investigation was suspended and the case closed.
63. (37) Félix Antonio Avilés Arroyo (1 December 1997), member of ADEMACOR (FECODE), murdered in Ciénaga de Oro, Córdova. The investigation is being carried out by the Medellín regional Procurator's Office, recorded under No. 24365 and is currently in the pre-trial stage, "the perpetrators of the murder accuse him of being one of those responsible for the terrorist attacks on the premises of Funpazcor and Ganacor".
64. (38) Juan Camacho Herrera (25 April 1997), member of a trade union in the mining sector, murdered in Río Viejo, Bolívar. The investigation is being carried out by the national human rights unit of the Office of the Procurator-General of the Nation, recorded under No. 8300. The investigation is currently at the inquiry stage and arrest warrants have been issued for two suspects on the grounds of "terrorism-motivated murder".
65. (39) Luis Orlando Camacho Galvis (20 July 1997), murdered in Aguachica, Cesar; no information exists on possible membership of any trade union. The inquiry was opened by the Aguachica branch unit, recorded under No. 4750, with a suspect under investigation, and was forwarded to headquarters for closure on 25 March 1998. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. According to the Procurator's Office "the victim was secretary for community development in the town council of Río Viejo, Bolívar", from which it may be deduced that he was not connected in any way with the trade union movement.
66. (40) Hernando Cuadros Mendoza, president of the Tibú branch of the Oil Industry Workers' Trade Union (USO), murdered in 1994 in Tibú by persons believed to belong to a paramilitary group, according to information provided by the NGO "Nunca Más". The proceedings are being conducted by the Cúcta Regional Directorate of Procurators' Offices, recorded under No. 9364. The crime has been classified as "terrorism-motivated murder".
67. (41) Freddy Francisco Fuentes Paternina (18 July 1997), union official of ADEMACOR (FECODE), murdered in Montería, Córdova. The case is being handled by the national human rights unit of the Office of the Procurator-General of the Nation, recorded under No. 634, and the investigation is at the preliminary stage. According to the CUT, ENS, FECODE and CINEP, the presumed perpetrators are members of a paramilitary group.
68. (42) Néstor Eduardo Galindo (6 March 1997), president of ANTHOC executive subcommittee, murdered in Yumbo, Valle.
69. (43) Víctor Julio Garzón (7 March 1997), secretary-general of FENSUAGRO, murdered in Santafé de Bogotá. The investigation is being carried out by the national human rights unit of the Office of the Procurator-General of the Nation, recorded under No. 31508 and is at the preliminary stage. The crime has been classified as "terrorism-motivated murder". According to CUT and CINEP, the perpetrators are paid assassins.
70. (44) Isidro Segundo Gil Gil (9 December 1996), secretary-general of SINTRAINAL, murdered at his workplace. The investigation is being carried out by the national human rights unit of the Office of the Procurator-General of the Nation, recorded under No. 164, and is at the preliminary stage.
71. (45) José Silvio Gómez (1 April 1996), coordinator of SINTRAINAGRO, Carepa, Antioquia, murdered by persons believed to be members of a paramilitary group. The investigation is being carried out by the Chigorodó branch Procurator's Office, recorded under No. 1850. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
72. (46) Enoc Mendoza Riasco, member of FECODE, was murdered in the municipality of Ciénaga on 4 July 1997. According to information forwarded by the Magdalena branch of DAS, it has been ascertained that the investigation into the murder of Enoc Mendoza Riasco was carried out by the Ciénaga branch of Procurator's Office 6, recorded under No. 091; the suspect was a local teacher. A decision of 19 September 1997 found in favour of the teacher and an order was issued for examination of evidence in order to initiate pre-trial proceedings, which were opened on 18 February 1998 by Ciénaga branch Procurator's Office 20; the technical investigations unit of the local municipality Procurator's Office was assigned to investigate the facts and identify the culprits. In a report of 10 June 1998, the technical unit states that the possible suspects are subversives who engage in crime in the district of San Pedro de la Sierra, in the jurisdiction of the municipality of Ciénaga, with whom the victim had differences. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
73. (47) Carlos Arturo Moreno López (7 July 1995), head of the farm workers' committee, murdered in Apartadó, Urabá, apparently by members of a commando group. The investigation was carried out by the Apartadó branch Procurator's Office, recorded under No. 3710. In November 1997 it was ordered that the case should be provisionally closed, as provided by article 326 of the Code of Criminal Procedure. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. According to FENSUAGRO and "Nunca Más", the original sources of the information, the murderers are members of a paramilitary group, and the victim had already received death threats from them.
74. (48) Luis Orlando Quiceno López (16 July 1997), member of SUTIMAC, murdered in Fredonia, Antioquia. The Santa Bárbara branch unit is responsible for the case, recorded under No. 667 and the investigation is at the preliminary stage. According to the CUT, he was kidnapped on 13 July 1997.
75. (49) Nazareno de Jesús Rivera (12 March 1997), member of SINTRAFRONTMINES of Amagá, Antioquia. The investigation conducted by the Procurator's Office is at the preliminary stage.
76. (50) Arnol Enrique Sánchez Maza (13 July 1997), member of the Córdova Teachers' Union (FECODE), murdered in Montería. The case is being conducted by the Montería branch directorate of Procurators' Offices, and the investigation is at the preliminary stage. According to FECODE and CINEP, he was kidnapped by members of a paramilitary group for ten days and his body was found in the Sinú river.
77. (51) Camilo Eliécer Suárez Ariza (21 July 1997), attorney of FENSUAGRO, murdered in the municipality of Ciénaga, apparently by persons believed to belong to a paramilitary group. According to information forwarded by the Magdalena branch of DAS, it has been ascertained that on 18 July 1997, in the municipality of Ciénaga, at about 12.50 p.m., Messrs. Suárez Ariza and Tapias Llerena were kidnapped from the SINTRAINAGRO union headquarters, located at the junction of calle 24 and carrera 27, by approximately ten individuals bearing short and long-range weapons. On 22 July 1997, at 10 a.m., their bodies were found in the location known as La vuelta al cura, in the jurisdiction of the municipality of Ciénaga. The CTI, in conjunction with the local Procurator's Office, are responsible for carrying out the subsequent procedures. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
78. (52) Mauricio Tapias Llerena (21 July 1997), secretary general of FENSUAGRO, murdered in the municipality of Ciénaga, apparently by paramilitary groups. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. According to FENSUAGRO, armed men entered the headquarters of the Ciénaga branch of SINTRAINAGRO, on 18 July 1997; he was beaten until he became unconscious, then he was taken to a car and tortured. His body was found on 22 July.
79. (53) Atilio José Vásquez Suárez (28 July 1997), member of FECODE, murdered in the municipality of San Juan de Nepomuceno, Bolívar. It was ascertained that the respective proceedings were conducted by the Barranquilla regional Procurator's Office. The Single Union of Workers of Bolívar (SUDEB) stated in addition that the wife of the aforementioned teacher, Ms. Zoila Iglesias, has joined the relocation plan. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. The teacher, who worked as director of the San Juan de Nepomuceno school, had been kidnapped (for purposes of extortion) by unknown individuals the previous day.
80. (54) Luis Abel Villa León (21 July 1997), member of SINTRAMINEROS of Antioquia, was murdered in Amagá, Antioquia. The investigation was carried out by the Amagá Procurator's Office, recorded under No. 896. On 7 May 1998 it was ordered that the case should be closed, pursuant to article 326 of the Code of Criminal Procedure. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
81. (55) Odulfo Zambrano López (27 October 1997), president of the local branch of SINTRAELECOL, murdered in Barranquilla by hired assassins. The case is being conducted by the Barranquilla Regional Directorate of Procurator's Offices, recorded under No. 9410, and the investigation is at the preliminary stage.
82. (b) Disappearances
83. (1) Ramón Alberto Osorio Beltrán (15 April 1997), education secretary of FENSUAGRO, kidnapped in Medellín. The Procurator's Office states that its investigation, recorded under No. 146283, into this crime against freedom is at the preliminary stage. The source "Nunca Más" states that the presumed culprits are members of a paramilitary group. Osorio Beltrán was kidnapped together with his son who subsequently appeared at a police station.
84. (2) Pedro Fernando Acosta Uparela (28 December 1996). Mr. Acosta Uparela, a member of ADES (FECODE) was in fact kidnapped together with his godson Hugo Hernán. According to information communicated by the Sucre branch of DAS: "... it was ascertained that on 28 December 1996, in the Las Malvinas farm in the municipality of Galeras, the teacher Pedro Fernando Acosta Uparela and his minor godson Hugo Hernán Caugil were kidnapped by a group of armed men who were subsequently identified as belonging to the National Liberation Army (ELN). On 25 January 1997 Mr. Acosta Uparela was released in a rural area in the municipality of Galeras, and stated that no money had been demanded and that during the time of his kidnapping he had been moved on two occasions to locations that he could not identify. Four months later, in May 1997, the minor was returned. These facts were reported to the Galeras police and to the Sucre GAULA, who interviewed family members; no information exists regarding any demand made during that time to the family by the kidnappers. Currently, the person in question lives with his family in the municipality of Galeras, and works as a teacher in the local urban school. To date, he has neither received further threats nor been subject to any further kidnap attempts and has received no demands for money". Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. The Government of Colombia considers it surprising that two years after the kidnapping and subsequent release of the teacher Acosta Uparela, the authors of the report to the ILO should not have taken the trouble to clarify this allegation which is morally damaging to Colombia.
85. (3) Rodrigo Rodríguez Sierra (6 February 1995), Barranquilla branch president of SINTRAPROACEITES, Atlántico, disappeared in the municipality of El Copey. The preliminary investigation was carried out by the municipal representatives of the Office of the People's Advocate and the local Procurator's Office. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. The Office of the Procurator-General of the Nation provided the following information on the case: "Type of offence: disappearance. Date of events: 16 February 1995. Position: president. Organization: SINTRAPROACEITES, Copey. Disciplinary action: file 008-001431/95 conducted by the Procurator's Office responsible for the defence of human rights, the file was closed on 25 February 1997 because the suspect was not guilty".
86. (4) Alvaro José Taborda Alvarez (8 January 1997). Member of ADEMACOR murdered in Montería, Córdova. The case is being conducted by the Procurator's Office, recorded under No. 184. The investigation is at the pre-trial stage. One suspect is subject to control measures in connection with this offence; it has also been stated that Taborda Alvarez was a rehabilitated former member of the Popular Liberation Army (EPL). According to the CINEP, the suspects are believed to be members of a paramilitary group, who "removed him from his home, accusing him of taking part in dynamite attacks on the Córdova cattle station".
87. (c) Death threats
88. According to the national police: "in connection with the threats against Oscar Aguirre Restrepo, Arango Alvaro Alberto, Horacio Berrio Castaño, Martha Cecilia Cadavid, Franco Jorge Humberto, Giraldo Héctor de Jesús and Gutiérrez Jairo Humberto, who belonged to the Union of Employees of the Department of Antioquia, the Metropolitan Police of Valle de Aburrá has instituted measures to guarantee their safety, such as the security assessment in connection with José Rangel Ramos Zapata, president of the union, on 23 April 1998; the assessment concluded that the union headquarters, where the union official spends much of his time, should be under continual surveillance".
89. The Office of the Attorney-General, the Office of the Procurator-General, the Office of the People's Advocate and the Medellín municipal representatives of the People's Advocate are other bodies whose activities concentrate on creating an environment of security and confidence for those concerned. The ninth unit of the Metropolitan Police of Santiago de Cali carried out inquiries in connection with the case filed under No. 52 regarding threats against Mr. Jairo Alfonso Gamboa López. This unit, with headquarters in the municipality of Yumbo, deals with the written and telephone threats that were received by Mr. Gamboa López, secretary of the trade union of the Curtiembres Titán SA companies; in response to these threats, a risk assessment was carried out in the month of October which concluded that threats had been going on over a period of eight months, beginning with a written communication which had been attributed to a group calling itself "Colombia Sin Guerrilla" -- CONSINGUER (Colombia without guerrillas). A further conclusion reached by the risk study was that the person receiving the threats did not desire the protection of the police but instead wished the police to help him obtain weapons. The above is recorded in document No. 0002 of 5 January of the Metropolitan Police of Cali.
90. The Office of the National Attorney-General also provided the following information:
91. (1) Jorge Eliécer Martin Trujillo. Type of offence: death threats. Position: secretary. Organization: SINDICONS, Medellín. Accused: members of the national police. Date of occurrence: 26 November 1997. Disciplinary action: file 020-005683/97 conducted by the Office of the Attorney-General responsible for the national police, closed on 18 September 1998 for lack of evidence.
92. (2) Víctor Ramírez. Position: president. Organization: SINTRASON. Disciplinary action: file 015-00521 forwarded on 18 January 1996 to the Second District Procurator's Office of Santafé de Bogotá. New number 701/96. Accused: member of the national police. Stage: preliminary inquiry.
93. (3) Carlos Hugo Jaramillo, José Luis Jaramillo Galeano and Luis Norberto Restrepo, union officials of SINTRADEPARTAMENTO Antioquia, reported that they had received threats. The Metropolitan Police of Valle de Aburrá states that it took certain measures to guarantee their safety, such as conducting a security assessment for all members of the union leadership. Although the degree of risk was considered to be minimal, it was nonetheless decided that the trade union headquarters, where the officials spent much of their time, would be put under continual surveillance.
94. (d) Detentions
95. The following cases relate to persons connected with criminal proceedings conducted by the Office of the Procurator-General of the Nation, with respect for and in compliance with due process, protection of the right to defence and in keeping with criminal law, under which, when serious evidence exists, the suspect is required to remain in the state in order to ensure that justice can run its course.
96. (1) Edgar Riaño Rojas, member of USO-Neiva, was placed in detention on 12 June 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
97. (2) Marcelino Buitrago, member of USO-Tibú, north Santander, was placed in detention on 12 August 1996, in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
98. (3) Felipe Mendoza, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
99. (4) Monerje Sánchez, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
100. (5) Guillermo Cárdenas, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
101. (6) Rafael Estupiñan, member of USO-Tibú, north Santander, was placed in detention on 1 December 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
102. (7) Hernán Vallejo, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
103. (8) Luis Rodrigo Carreño. Information is expected within the next few days from the Procurator's Office and other official bodies from which it has been requested.
104. (9) Leonardo Mosquera, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
105. (10) Fabio Liévano, member of USO-Tibú, north Santander, was placed in detention on 12 May 1996 in Casa Fiscal La Picota on charges of rebellion, terrorism and conspiracy to commit crime.
106. (11) César Carrillo, treasurer of USO-Nacional, was arrested on 12 June 1996, on charges of rebellion, terrorism and conspiracy to commit crime and released on 15 May 1998.
107. B. Point 2
108. The Committee asked the Government to send its observations on allegations in connection with murders, disappearances, death threats and physical aggression involving trade union officials and members, as well as on raids on union premises presented in 1998, and to provide protection to union officials who had received death threats, listed in Annex 2 of the case.
109. In that connection, after consultation with the Colombian State's monitoring and investigatory bodies, and on the basis of information from sources such as the Office for the Protection and Promotion of Human Rights of the Ministry of Labour and Social Security, and trade union organizations themselves, the Government informs the Committee on Freedom of Association as follows:
110. (a) Allegations on which the Government has not communicated its observations
111. (1) Manuel Francisco Giraldo, murdered by members of a paramilitary group on 22 March 1995, according to information from FENSUAGRO. He was secretary of the SINTRAINAGRO executive subcommittee of Apartadó, Urabá.
112. (2) Twenty-three workers belonging to SINTRAINAGRO were murdered on 29 August 1995. Responsibility for this massacre which occurred on the "Osaka" farm in Carepa (Urabá), is attributed to the V Front of the Revolutionary Armed Forces of Colombia (FARC), on the orders of "El Manteco", the commander of this guerrilla group.
113. (3) Twenty-four workers of the Rancho Amelia banana farm in Turbo (Urabá), members of SINTRAINAGRO, murdered on 20 September 1995. Responsibility for this massacre, which occurred near Apartadó in "Bajo del Oso", is attributed to the same FARC guerrilla group commanded by "El Manteco". Attention should here be drawn to the massacre carried out by the FARC on 23 January 1994 in the "La Chinita" quarter in the municipality of Apartadó, which was stormed and 35 persons brutally murdered, most of them workers belonging to SINTRAINAGRO. The "La Chinita" quarter, which is today inhabited by 5,000 families, was established as a result of the large-scale migration of workers who had been living on the banana farms and who were driven out by the massacres and selective murders carried out in the area both by guerrillas and by paramilitary groups. Inquiries have revealed that a FARC front was directly involved, attacking these inhabitants merely on account of their sympathies for the hope, peace and freedom movement founded by EPL guerrillas. A particular feature of this massacre, which was condemned by the entire country, was that the former mayor of Apartadó, Nelson Campos Núñez and two SINTRAINAGRO officials, Gustavo Arcia and Daró Charci, who were active members of the Communist Party and the patriotic union, were implicated. They were subsequently tried and convicted. It should be noted, in addition, that the FARC list the above-mentioned Campos Núñez, Arcia and Charci among the imprisoned guerrillas who may be exchanged for soldiers and members of the police kidnapped by this subversive group.
114. (4) Alvaro David, member of the workers' committee of the "Los Planes" farm, member of SINTRAINAGRO, was murdered on 22 March 1996 (information from the Procurator's Office pending). The FARC are stated to be responsible for this crime, the victim being an active member of the hope, peace and freedom movement.
115. (5) Jairo Navarro, trade union member, workers' committee (Carepa, Antioquia), disappeared on 6 June 1995 (no information from the Procurator's Office). According to the human rights NGO "Nunca Más", Jairo Navarro was taken by members of the paramilitary group from his workplace on the "La Playa" farm in the banana-growing area. His whereabouts are unknown.
116. (6) Sabas Domingo Socadegui Paredes, trade union official murdered on 3 June 1997 in Saravena, Arauca. The investigation is being conducted by the Procurator's Office 26.
117. (7) José Ricardo Sáenz, disappeared 24 July 1996, member of FECODE. According to information provided by the Cundinamarca branch of DAS, it was ascertained through an interview with Pedro Luis Arango Sánchez, president of the district association of teachers, that José Ricardo Sáenz, who is employed in a school in Suba, had previously been held for a period of approximately three months, apparently by a paramilitary group. Subsequently, in mid-1997 he was released together with another three individuals who had also been kidnapped. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998. The case caused alarm throughout the country, since this kidnapping was carried out in line with a widely publicized decision by the paramilitary group commanded by Carlos Castaño that family members of guerrilla commanders would be kidnapped in retaliation for all kidnappings carried out by guerrilla groups.
118. (8) Misael Pinzón Granados, member of SINTRAINAGRO, kidnapped by persons believed to belong to a paramilitary group in the municipality of Puerto Wilches, Santander, on 7 December 1997. According to information forwarded by the Santander branch of DAS, it was ascertained that on 17 August 1997 this employee of the Empresa Bucarella S.A. was abducted by a number of individuals who said that they were members of a paramilitary group; his whereabouts are unknown. The municipal court of Puerto Wilches provided the information that a petition of habeas corpus was filed by Ms. Rebeca Pérez Poveda, wife of the person in question, in which the facts were recounted. The report was recorded under No. 881, volume 3: perpetrators unknown, offence yet to be characterized, author of the report unidentified. The report was sent to the Cúcuta regional Procurator's Office as the competent authority. A petition of habeas corpus was subsequently filed, recorded under No. 882, sheet 184, volume 3, petitioner: Rebeca Pérez Poveda; victim: Misael Pinzón Granados; date of the occurrence: 12 July 1997. The case was closed for lack of sufficient grounds to initiate the proceeding requested. Information provided by DAS in document DAS.OJ.DH. 383 of 6 August 1998.
119. (9) Eduardo Enrique Ramos Montiel, member of SINTRAINAGRO, murdered in Apartadó, Urabá, "El Chispero" farm on 14 July 1997. The Apartadó branch Procurator's Office conducted the investigation into the case, recorded under No. 4960, information provided by DAS, document DAS.OJ.DH. 383 of 6 August 1998.
120. (10) Jesús Arley Escobar Posada, president of the local branch of ASEINPEC, murdered by persons believed to be hired assassins in Cali on 18 July 1997, according to information provided by CUT. The investigation, which was initiated by the Cali Procurator's Office, recorded under No. 104995, is at the preliminary stage.
121. (11) Emiliano Jiménez, member of USO, disappeared on 27 October 1997. The identity of the culprits is unknown.
122. (12) Amadeo Jalave Díaz, member of USO, disappeared on 27 October 1997. The identity of the culprits is unknown.
123. (13) Jhony Cubillo, union leader of ECOPETROL, disappeared on 27 October 1997. The identity of the culprits is unknown.
124. (14) Ulpiano Carvajal, union leader of ECOPETROL, disappeared on 27 October 1997. The identity of the culprits is unknown.
125. (15) Rami Vaca, union leader of ECOPETROL, disappeared on 27 October 1997. The identity of the culprits is unknown. In view of the similarities in the preceeding five cases of supposed disappearance, which occurred 15 months ago, and which generated no response at the national level, DAS has been requested to provide information on the matter. On 14 January 1999, the director of DAS, Lieutenant Colonel Germán Gustavo Jaramillo Piedrahita, sent the following communication to the Office of the Minister of Labour and Social Security: "in response to your verbal request, may I inform you that on 27 October 1997, 11 officials, four at ECOPETROL and seven at the Tecniequipos services company were presumably kidnapped, in Aguachica (Cesar), by the 'Camilo Torres Restrepo' bridgade of the ELN; they were released in the same area on 30 October 1997. Inquiries undertaken at the time revealed that these oil company employees had been held for the purpose of ascertaining the nature of the activities in which they were engaged in the area, in which the subversive group in question was active". The communication had two attachments. The first, national army document No. 000208, dated 27 October 1997, stated that "In the Municipality of Aguachica (Cesar), subversives belonging to the Frente Camilo Torres Restrepo of the ELN, kidnapped the following employees of ECOPETROL: Ulpiano Carvajal, Amadeo Jalave Díaz, Emiliano Jiménez, Jhonny Cobillas; and the following employees of the Tecniequipos services company: Hernán Ramos Rodríguez, Freddy Medina Carvajalino, Gustavo Conde, Hernán Ríos Rodríguez, Eduardo Espinosa, Henry José Silva Gutierrez and Jimmy Bolaños".
126. A second attachment, a document of the national army dated 30 October 1997, that is, three days after the previous document, states: "in the municipality of Aguachica, Cesar, subversives of the Camilo Torres Restrepo front of the ELN released the following oil workers who had been kidnapped on the previous 27 October; ECOPETROL: Ulpiano Carvajal, Amadeo Jalave Díaz, Emiliano Jiménez, Jhonny Cobillas; and the employees of the Tecniequipos services company: Hernán Ramos Rodríguez, Freddy Medina Carvajalino, Gustavo Conde, Hernán Ríos Rodríguez, Eduardo Espinosa, Henry José Silva Gutierrez and Jimmy Bolaños".
127. From these two documents, it may be deduced that: (a) the persons in question were kidnapped for a period of three days and spontaneously released by the guerrilla group responsible; (b) on the date on which the report was submitted, none of the workers who had been victims of the kidnapping remained in captivity. Given these facts, the Colombian Government wishes to register before the ILO its surprise at the use made of these events by those who reported it and perpetuated the misconception.
128. (16) José Raúl Giraldo Hernández, secretary of SINDICONS, murdered in Medellín on 25 November 1997 by persons believed to belong to a paramilitary group. The investigation by the Procurator's Office is at the pre-trial stage, recorded under No. 160872.
129. (17) Elkin Clavijo, president of the workers' union of the Porce II Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on 30 November 1997. The investigation by the Procurator's Office is at the preliminary stage and is recorded under No. 25110. Members of the ELN are stated to be responsible for this crime.
130. (18) Alfonso Niño, treasurer of the union of workers of the Porce II Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on 30 November 1997. Information from the Procurator's Office pending. Members of the ELN are stated to be responsible for this crime.
131. (19) Luis Emilio Puerta Orrego, leader of the trade union of workers of the Porce II Hydroelectric Project, murdered on 22 November 1997. The Procurator's Office initiated its investigation on 18 December 1997, recorded under No. 162105. Members of the ELN are stated to be responsible for this crime.
132. (20) José Vicente Rincón, member of SINTRAFERCOL, murdered in Barrancabermeja on 7 January 1998, information from the Procurator's Office pending. According to information provided from the CUT, the persons believed to be responsible for the crime are members of a paramilitary group.
133. (21) Arcángel Rubio Ramírez Giraldo, member of SINTELECOM, murdered in the municipality of Venecia, Cundinamarca, on 8 January 1998, information from the Procurator's Office pending.
134. (22) Fabio Humberto Burbano Córdoba, president of the trade union association of employees of the national penitentiary and prison institute, Cali section, murdered in Santander de Quilichao (Cauca) on 12 January 1998. According to the CUT, members of a paramilitary group are believed to be responsible. The investigation was initiated on 12 January 1998 by the Popayán branch Directorate of the Procurator's Offices, filed under No. 413.
135. (23) Osfanol Torres Cárdenas, member of the trade union of public enterprise workers of Medellín, murdered in Medellín on 31 January 1998. According to the CUT, members of a paramilitary group are believed to be responsible. The Procurator's Office has opened an investigation, recorded under No. 165069.
136. (24) Fernando Triana, member of the executive subcommittee of the National Federation of Government Workers, Medellín section, murdered in Medellín on 31 January 1998, according to the CUT, members of a paramilitary group are believed to be responsible. The investigation by the Procurator's Office is at the preliminary stage.
137. (25) Francisco Hurtado Cabezas, member of the Trade Union Federation of Agricultural Workers of Colombia (FESTRACOL), murdered on 12 February 1998 in the town of Tumaco, department of Nariño. The Procurator's Office is conducting the corresponding proceedings, recorded under No. 335.
138. (26) Jorge Boada Palencia, leader of the Association of the National Penitentiary Institute (ASOINPEC), murdered in Bogotá on 18 April 1998. The investigation by the Procurator's Office is at the preliminary stage.
139. (27) José Eduardo Umaña Mendoza, lawyer, murdered in Bogotá on 18 April 1998. The investigation by the Procurator's Office, recorded under No. 346, is at the pre-trial stage; six persons are being held in pre-trial detention in this connection. It should be noted that Umaña Mendoza, although not a trade union member, acted as defence attorney for members of USO who were being held on charges of crimes that were not related to trade union activities. This clarification is relevant because it demonstrates that attempts to present his death as a violation of ILO Convention No. 87 are unfounded.
140. (28) Jorge Duarte Chávez, member of USO, murdered in Barrancabermeja on 9 May 1998. The investigation by the Procurator's Office is at the preliminary stage.
141. (29) Carlos Rodríguez Márquez, member of USO, murdered in Barranquilla on 10 May 1998. The investigation by the Procurator's Office is at the preliminary stage.
142. (30) Misael Díaz Ursola, member of the executive committee of the National Federation of University Employees, murdered in Montería on 26 May 1998. The investigation by the Procurator's Office is at the preliminary stage.
143. (31) Alexander Cardona, member of the regional bureau of USO, was kidnapped and disappeared on 14 July 1998. The investigation by the Procurator's Office is at the preliminary stage.
144. (32) Mario Jiménez, member of the executive subcommittee of CASOBE, was kidnapped and disappeared on 27 July 1998. The investigation by the Procurator's Office is at the preliminary stage.
145. (b) Detention of trade union officials and members
146. (1) Luis David Rodríguez Pérez, former official of the National Union of Workers of Incora -- SINTRADIN. No information has been obtained regarding this case, suggesting that he was probably merely taken in for questioning or detained for a brief period. However, inquiries are continuing.
147. (2) Elder Fernández and Gustavo Minorta, members of ECOPETROL, in December 1996. It would appear that they were held only briefly, but inquiries into the case are continuing.
148. (c) Raids on union headquarters, telephone tapping, surveillance of trade union members
149. (1) A raid on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), and tapping of telephones in the union headquarters and in members' homes and surveillance of the president of the Federation, Luis Carlos Acero, by armed persons. No information has been obtained in this connection; the situation may not have been reported to the Colombian authorities for subsequent investigation.
150. (2) On 6 February 1998, at 12.45 pm, 15 individuals armed with military weapons entered the headquarters of the CUT-Atlántico executive subcommittee premises, located in the centre of Barranquilla, broke into the office and held a revolver to Ms. Lydis Jaraba, member of the current National Executive Committee and of the CUT-Atlántico executive subcommittee. The individuals in question, who carried no identification or search warrant, searched every office before leaving. The incident was not reported to the Colombian authorities which would have led to a subsequent inquiry.
151. (d) Physical aggression and police repression
152. (1) Police repression against workers from the state enterprises in Cartagena during a peaceful demonstration, on 29 June 1995. The matter was not reported to the Colombian authorities for subsequent investigation.
153. (2) Police repression against workers from the Empresas de Acueductos y Teléfonos and organized peasants from Tolima who were holding a protest meeting on 14 August 1995. The repression resulted in the death of Fernando Lambana, who was a member of the Association of Small and Medium-Sized Holdings in Tolima (ASOPEMA), the serious injury of three other persons and several arrests (trade union members belonging to the organizations taking part in the protest). The national police state the following in connection with the death of Nelson Fernando Lombana Martinez: "The investigation involving the member of the police Luis Eduardo Sanabria Cruz, in connection with the death of Nelson Fernando Lombana as a result of the gunshot wounds received during the demonstration in Santafé de Bogotá on 14 August 1995, recorded under No. 1381, which is being conducted by Judge-Advocate 34 of the Metropolitan Police of Santafé de Bogotá, reached a decision to absolve the suspect on 28 October 1998; the decision is being reviewed by the Supreme Military Court to which the original record of the proceedings was forwarded on 11 November 1998 under document No. 1115. The National Attorney-General's Office looked into the matter and reported the following: Type of offence: murder. Organization: ASOPEMA, Tolima. Disciplinary action: file 020-003954/95 handled by the National Attorney-General's Office responsible for the national police, closed on 9 April 1996 because the accused did not commit the crime.
154. (3) The police assaulted, and injured the following trade union members: Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguizamon, who were taking part in a public information day on 6 January 1997, organized by the National Traffic Police Association (ANDAT).
155. The national police states that: "... according to the statement of Moreno Clavijo Héctor Ignacio, identification C.C. 11.343.940, member of the National Traffic Police Association (ANDAT), he was wounded in a demonstration on 6 January 1997. A forensic medical report stated that he was incapacitated for five days, as were Luis Alejandro Cruz Bernal, C.C. 79.432.668, Héctor Ernesto Moreno Castillo, C.C. 3.073.236 and Martha Janeth Leguizamon, who submitted complaints of personal injuries to the Paloquemao Immediate Response Unit (URI). It should be noted that an examination of the personnel archives containing the decisions of the Paloquemao URI, for 6 January 1997, revealed that the only reports recorded are those of Moreno Clavijo Héctor Ignacio, under decision No. 9701062003 and of Edgar Méndez Cuéllar, recorded under decision No. 9701062002. This case is being handled by the military criminal courts of the directorate general of the national police".
156. (e) Attempted murder
157. (1) Edgar Riaño and other trade union members. The case is recorded as follows by the National Attorney-General's Office: "Type of offence: attempted murder. Disciplinary action: file 022-105877/90 conducted by the Procurator's Office for the armed forces. Accused: members of the national army. Complaint of 10 October 1990. On 9 November 1990 it was appended to the case filed under 022-106184. Under a decision of 3 March 1993 the disciplinary inquiry was closed".
158. (2) Gilberto Correño, leader of the Workers' Trade Union (USO), 7 December 1996. The case is under investigation and information will be forwarded as soon as it is received.
159. (3) César Blanco Moreno, president of the USO executive subcommittee, 11 May 1998. The case is under investigation and the information will be forwarded.
160. (f) Death threats
161. (1) Bertina Calderón, vice-president of CUT has protection, together with other CUT officials.
162. (2) Daniel Rico (president of the Federation of Oil Workers -- FEDEPETROL). The National Attorney-General's Office describes the case as follows: "Type of offence: death threat. Position: vice-president. Organization: FEDEPETROL. Disciplinary action: file 015-00521 forwarded on 18 January 1996 to the Second District Procurator's Office of Santafé de Bogotá. Accused: members of the national police."
163. (3) The members of the executive committee of the Single Agricultural Trade Union Federation (FENSUAGRO). The national police has stated that it provides protection to this organization.
164. (4) Francisco Ramírez Cuéller (president of the Trade Union of the Mineralco S.A. Enterprise Workers). The case is recorded as follows by the National Attorney-General's Office: Type of violation: death threats. Position: president. Organization: Sindicato Mineralco S.A. Disciplinary action: file 009-002528/93 conducted by the Special Investigation Office. The file was closed for lack of grounds on 16 December 1993.
165. (5) Pedro Barón (president of the Tolima branch of the Single Confederation of Workers -- CUT) was threatened by several members of the security forces after taking part in a protest strike on 19 July 1995. Pedro Barón and other CUT Tolima officials are on the Ministry of the Interior's protection programme. Contact has been established with the regional authorities in order to effect the necessary coordination.
166. (6) Members of the executive committee of the Union of Titán S.A. Workers, in the municipality of Yumbo, received death threats from a paramilitary group called "Colombia without guerrillas" (COLSINGUE), 26 October 1995 and 17 May 1996. The national police has established protection measures.
167. (7) Members of the executive committee of the South Bolívar Agromining Association, Justo Pastor Quiroz, secretary; Roque León Salgado, treasurer and Bersaly Hurtado, attorney, received threats. No record is held of any request submitted to the authorities. However, the case will be studied by the Ministry of the Interior's Risk Committee.
168. (8) The national executive committee of the Single Confederation of Workers of Colombia -- CUT, Luis Eduardo Garzón, president; Jesús Antonio González Luna, director of the human rights department and Domingo Rafael Tovar Arrieta, director of the organization department. The persons in question receive protection.
169. (9) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry Ocampo, Sergio Díaz and Fernando Cardona. Nothing is known of the individual requests made by these persons to the authorities. However, the situation will be examined and assessed.
170. (10) Jairo Antonio Cardona Mejía, president of the Union of Workers of Municipality of Cartago. Other officials who have been threatened are: Albeiro Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño, adviser. These officials have protection.
171. (11) On 27 March 1998, María Clara Vaquero Sarmiento, president of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies who is protected under the Ministry of the Interior's protection programme.
172. C. Point 3
173. The Committee has requested the Government to keep it informed regarding the results of the appeal lodged by the Banco Andino against the administrative decision of the Ministry of Labour and to extend the scope of the inquiry to include the Citibank, Sudameris and Anglo Colombiano banks.
174. Regarding the above appeal, the Government investigated the decision to fine the Banco Andino for violation of Convention standards (decision No. 002416 of 8 July 1994). Remedies of reconsideration and appeal were lodged against the decision, which were settled in decisions Nos. 003277 of 23 September 1994 and 004031 of 2 December 1994, upholding the penalty imposed on the aforementioned bank, for violation of Convention standards.
175. Regarding inquiries into alleged anti-union acts by other banks, the Ministry of Labour and Social Security is conducting a labour administration investigation in connection with the Banco Andino. A simultaneous, independent investigation was conducted by Procurator's Office branch No. 238 of Santafé de Bogotá regarding the offence of imposing constraints and violating the right of freedom of association. On 6 April 1998, the Procurator's Office issued a prohibition decision. The complainant applied for a remedy of reconsideration, which resulted in confirmation of the original decision. The Procurator's arguments justifying this decision included the lack of interest of the complainant, who had failed to carry out the necessary steps to proceed with the remedy. The Ministry of Labour is continuing the investigation of its own motion and the relevant information will be forwarded to the Committee as soon as its findings are published.
176. In regard to the Citibank and Sudameris bank, an investigation was initiated by the Ministry of Labour and Social Security of its own motion. The results will be communicated at the appropriate time.
177. Regarding the Anglo Colombiano bank, on 19 May 1997 Inspection Unit 24 of the Inspection and Monitoring Department of the Cundinamarca regional directorate received a complaint filed by the trade union. The subsequent administrative investigation was closed for lack of legal grounds, since the parties repeatedly failed to attend the meetings called to clarify the alleged violations. However, the Technical Labour Department, under its authority to act of its own motion, ordered that the investigation should be reopened.
178. The Colombian Government is interested in ensuring that provisions to protect workers are complied with, particularly in connection with the right of freedom of association.
179. D. Point 4
180. The Committee had asked the Government to communicate its observations on the allegations regarding acts of trade union persecution against the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA).
181. The Colombian Government forwarded information to the ILO in this connection on 12 November 1998 and 15 January 1999. For the purpose of providing further information to the Committee on Freedom of Association, the Government hereafter transcribes the document provided by the national police under file No. 022 of 12 January 1998 which, in point No. 5 on pages 4, 5 and 6 states in connection with the matter that: "In regard to the acts of trade union persecution against trade union officials, unionists and members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA), it is excessive to state that inappropriate means are used to bring such measures to bear, such as transferring trade union employees to locations that are distant from their children and families and even going so far as to freeze the wages of trade union officials and grant excessive increases to non-union members", since measures of this nature do not occur in the national police.
182. Moreover, ASODEFENSA adds that the legal mechanisms of union persecution have recently been strengthened as a result of Law No. 443 approved by the national Government which, under section 37(j), permits the military and police forces to dismiss from their employment a civilian employee who -- on the basis of a "secret" report -- is found to be "inappropriate". The article and paragraph of the above law provides that: "Civilian career personnel of the Ministry of National Defence, with the exception of its decentralized bodies, after approval by the Staff Committee, may be removed when it is considered, in a confidential intelligence report, that it is undesirable that they should remain in the service for reasons of national security. In such cases, the decision requires no justification." The following requirements must be met in removing an employee for this reason:
183. -- in general, that the person in question should be a civilian career member of staff of the Ministry of National Defence;
184. -- their dismissal has received the prior approval of the Staff Committee;
185. -- this prior approval should be preceded by a confidential intelligence report which considers their continuation in the service to be undesirable;
186. -- the motive cited in the report should be one of national security; and
187. -- no justification to be given for the decision.
188. If all these requirements are met, the member of staff may be dismissed from his or her post, as provided by law; however, the failure to meet one of these requirements means that the person may not be dismissed. No justification or cause need be given precisely because the employee might jeopardize national security; this area was previously covered by the Security and National Defence Bill but had not yet been provided for in Colombian law; Chapter VI of the Bill stated that: "It has been considered appropriate to include in this Bill a description of certain types of behaviour which jeopardize national security and defence, such as the destruction of military assets and basic public services, failure to comply with requisition orders, failure to obey orders on civil defence; jurisdiction in such matters is also provided for." Hence it cannot categorically be stated that the new law represents a threat to the freedom to join or to continue to belong to a trade union organization.
189. The Government also wishes to answer this complaint point by point, in order to demonstrate that the objective of its action has been to protect the right to freedom of association, as it is bound to do by ILO Convention No. 87.
190. The complaint is based on the following arguments:
191. 1. The Colombian Government has employed various methods against civilian employees in the service of the armed and police forces to prevent the establishment of and hinder the pursuit of independent trade union activities, thereby violating the right of freedom of association. For example, the Director-General of the National Police, General Rosso José Serrano Cadena, has stated that he is opposed to the existence of a police union, thereby causing anxiety to existing members and exerting pressure on other employees who wish to become members. In this connection, the Government states that "ASODEFENSA" as a legal personality is enrolled on the trade union register, under decision No. 00371 of 3 March 1998, which is in strict compliance with ILO Convention No. 87, which was approved by Law No. 26 of 1976. Hence, the right of freedom of association is fully guaranteed. Meanwhile, article 39 of the Colombian Constitution provides that the structure and functioning of trade unions shall be governed by domestic legislation.
192. 2. General Rosso José Serrano Cadena, Brigadier General Jorge Enrique Montero Piraquive and Major Mauricio Estupiñán Chaustre, who are police officials, use various methods to encourage existing members to leave the union and persecute ASODEFENSA officials. These methods include the use of transfers, freezing wages of members of the organization, giving union members unfairly low assessments, which are based on arbitrary, subjective and capricious reports and which are not founded on any sound or objective criteria. A prior condition for determining whether authorization will be granted to engage in union activities is to demand prior information on the activities and programmes planned by the trade union, after which it will be decided whether it is considered appropriate to grant the request for authorization, thereby violating the autonomy and independence of the trade union organization. In regard to the second matter, it should be emphasized that the national police has a clearly defined salary scale which incorporates the different positions and corresponding salaries, in line with the provisions of the Constitution and the various laws applying specifically to it. In Colombia, the state bodies responsible for carrying out monitoring and supervision in connection with alleged violations reported to them against the officials of the national police are: the Office of the Procurator-General of the Nation, the Office of the People's Advocate; both feature in the Constitution and have specific functions for investigating matters such as those described in the complaint in question.
193. 3. The matters described were reported to the Ministry of Defence, but were never resolved. Frequently, trade union officials and their families receive anonymous threats by telephone or in writing, demanding that they withdraw from the union's activities. The Ministry has carried out an investigation into the acts violating the right to freedom of association, resulting in agreement on the following points: the Ministry of Defence would issue a ministerial directive addressed to all the units and departments of the institution, as well as to related bodies, in which it would specify the following:
194. -- uniformed and civilian public servants are reminded of their obligation to respect the right to freedom of association and are ordered to refrain from taking decisions that hamper trade union activities;
195. -- the heads of the institutions mentioned should be informed of the right of trade union organizations to meet in official premises, after receiving the respective prior permission, which should be requested with three days' notice;
196. -- that the freedom of circulation of trade union communications is authorized within the premises of the Ministry of Defence, National Military and Police Forces; likewise, the posting of such communications on official notice boards; and
197. -- the directive to include the transcription of the text of article 292 and following of the Penal Code and the relevant sections of article 39, paragraphs 6, 10, 11, article 40, paragraphs 6, 13, 19, 21 and 22, article 41, paragraphs 8 and 26 of Law No. 200 of 1995.
198. It was agreed, in regard to authorization to engage in trade union activities during working hours, that:
199. -- authorization would be given provided such activities were not of a permanent nature and did not affect service, based on the decisions of the Council of State of 17 February 1994, 10 June 1987 and 16 June 1987;
200. -- authorization should be requested with three days' notice and a decision returned within the following two days;
201. -- cumulative authorizations are not permitted.
202. In fulfilment of this agreement, the Ministry of Defence issued circular No. 9571; however, the trade union considered that it was not acceptable since it was not consistent with agreements reached during the consultation hearing.
203. An investigation is currently under way to look into the union's objections. A report will be forthcoming once this process has been completed.
204. 4. The next allegation submitted states that Colombian legislation does not grant the right to collective bargaining to civil servants, in violation of Convention No. 98. All persons are entitled to make respectful applications to the authorities, which must be resolved within 15 days, as a general standard, but only decisions for which precedents exist in law can be obtained through this mechanism, in other words, no improvement in labour legislation may be negotiated through such an open "application". ASODEFENSA alleges that it submitted a draft agreement to the President of Colombia, as Head of Government and supreme administrative authority, with a view to improving the deplorable conditions of employment of the civilian employees of the armed and police forces. All applications submitted were rejected by the Government and no legal mechanism exists for recourse to collective bargaining. In this connection, it is stated that Colombian labour legislation provides that unions of public servants may not submit lists of demands or enter into collective agreements, but that the unions of other government workers enjoy all the rights of workers' unions in general, and that their lists of demands will be dealt with in the same way as those of other unions, even when they cannot declare or hold a strike (article 416 of the Labour Code). This legal precept was challenged as being unconstitutional; the Constitutional Court ruled that constitutional provisions prevail over the lesser status standards; it was however specified that strikes are only restricted for essential public services.
205. 5. It is alleged that in October 1998, the three trade union confederations of Colombia (CUT, CGTD and CTC) and a large number of trade unions, called a national strike of government workers to protest against the economic and social policies of the Government with a view to obtaining a salary increase to maintain the purchasing power of state workers (a list of demands had been submitted in advance). The complainants state that the Government refused to negotiate, and responded with an attitude of provocation and intolerance and, invoking administrative powers, declared the strike to be illegal in several bodies in different sectors. They further allege that the police, acting on the instructions of the Government, violently evicted workers who were peacefully occupying the premises of some of the bodies on strike, and physically assaulted the workers, and that the same occurred during a peaceful protest in Popayán and Pasto on 20 October 1998. With respect to the events in October 1998, the Government states that while the strike had been declared illegal, the Government had reached an agreement with the trade union confederations in question regarding the matters reported by the above-mentioned trade union organization. It should be noted that the holding of a protest cannot be damaging to members and that state bodies must provide a prompt and effective service. This is based on the principle of law whereby the general interest prevails over the individual interest, while in this case the protest became prolonged, thereby causing economic losses to the State and to the users of these services. It was established in the agreement that there would be no reprisals against the trade union bodies that had participated in the protest.
206. 6. Lastly, ASODEFENSA states that the legal mechanisms concerning union persecution have recently been strengthened as a result of the presidential approval of a law (No. 441) of 4 June 1998, which was subsequently approved by Congress; article 37(j) of this law permits the military and police forces to dismiss civilian employees on the basis of a "secret" report. In this connection, the Government states that the Government's legal power to dismiss civilian career staff of the Ministry of National Defence, with prior approval from the Staff Committee, should not be interpreted as trade union persecution since the objective is to protect national security.
207. E. Point 5
208. The Committee asked the Government for information regarding violence against trade unionists in October 1998, reported by the ICFTU, CLAT, CUT and CGDT arising in connection with a strike called by the trade union confederations and a large group of state union organizations to "protest against the economic and social policy of the Government".
209. The Government's views in this regard are as follows:
210. Characteristics of the national strike of government workers
211. As reported in the statement of the complainants, they themselves called a national strike of government workers of unspecified duration, beginning on 7 October; the strike was clearly of a political nature, not only for the reason stated for initiating the action, which was "to protest against the economic and social policy of the Government", but also, as the ILO is aware, because Colombia's domestic regulations governing strikes lay down a procedure for calling such action and conditions for settling them, which standards were flagrantly violated by those who organized the political movement against the State.
212. Colombia has drawn up regulations governing the right to strike which has been recognized for its workers since 1919; a procedure has been established (article 433 and following of the Labour Code) which requires that a list of demands should be submitted, followed by the various stages of negotiation with a view to achieving a settlement whereby the parties reach agreement or the dispute is either settled by a court of arbitration in the case of workers who provide services in essential public services, as in the case in question, or by strike action for workers in other sectors.
213. The Committee on Freedom of Association may readily ascertain not only that the event in question constituted a precipitous and illegal strike by workers in essential public services, and failed to comply with the regulations laid down in law but, more serious yet, that many of the trade unions which sponsored and promoted this political movement were bound at the time by collective agreements with their employers that had been signed and were in force, cases in point being the Instituto de Seguros Sociales (SINTRAISS), Ecopetrol (USO), Telecom (SINTELECOM), Caja Agraria (SINTRACREDITORIO). Another large group of workers, such as those in the judicial, health and education sectors, were subject to current agreements with the Government establishing their conditions of pay and employment until 31 December 1998.
214. Under these circumstances, there can be no doubt that, given the nature of the movement's "demands" (opposition to the Government's economic and social policies), the strike bore the hallmarks of a political movement as opposed to a labour movement. Nonetheless, the Government, in deference to its constitutional duty to comply with and ensure compliance with the law, provided an opportunity for the pursuit of a social dialogue on the subject of certain demands submitted the night before the movement began; this led to the acceptance and signature of a bilateral agreement and the adoption of a commitment (unilateral declaration) which ended the dispute, bearing witness to the democratic nature and civic awareness of the Government (the two above-mentioned documents are appended).
215. During the course of the strike, the trade union leadership was seen to employ two atypical practices of trade union action. First, it initiated a political movement of unspecified duration, as opposed to a labour conflict, which meant that the action could not be recognized as a legal strike and was declared illegal. Second, it was not a peaceful movement and work stoppage but in fact in some cases involved the seizure of the premises of the bodies and enterprises involved by groups of workers who, under the leadership of the trade union officials, barred access to other workers who wished to fulfil their duties, in some cases assaulting them, and also preventing access by service users. This, as might be expected, led to state intervention by the public police force (see video appended) to restore order and protect citizens and, unusually, to protect the right to work of those who were prevented from doing so freely by the violence of certain groups of workers; this intervention was of course conducted in a legal manner in accordance with regulations, without excesses, despite the force of the movement.
216. Complaint of international and national trade union confederations
217. International and national trade union confederations report to the ILO that, during the strike, acts of violence were committed against trade union leaders and members: murders, physical aggression and injuries, detentions and death threats.
218. In connection with these allegations, the Colombian Government wishes to clarify the circumstances surrounding the events in question.
219. With regard to the alleged murders, investigations have been conducted by the Office of the Procurator-General of the Nation. This body, which is responsible for conducting inquiries, gathering evidence, adopting security measures, deciding on the merits of cases and preferring charges on suspects before judges, has provided us with information on some of the cases reported, namely:
220. On 20 October 1989, in Santafé de Bogotá, Jorge Luis Ortega García, vice-president of the CUT, was murdered. The investigation was opened on the same day by the national human rights unit of the Procurator's Office, file No. 398. The investigation is currently at the pre-trial stage, and three suspects have been identified and two arrest warrants have been issued.
221. The national police state, in regard to the case of Jorge Ortega, that "the trade union official rejected the Government's offer of protection through the Ministry of the Interior's Committee of Assessment and Risk which did not comply with his own requirements (he wished to select his own bodyguards); this did not occur because such matters were required to comply with the system of protection that was being provided at that time by DAS. Immediately after the murder of trade union official Jorge Ortega, an SIJIN, DIJIN, CTI inter-institutional group was set up, headed by the Procurator's Office, coordinated specifically by the Immediate Response Unit which established that the deceased had earlier received threatening telephone calls at the porter's lodge of the residential complex where guard duties were carried out by Díaz Bustos who was subsequently captured. The guard was found dead in one of the cells of the model prison; the causes are being investigated by the Procurator's Office".
222. Ms. Orfa Ligia Meijía was murdered on 7 October in the municipality of Ipiales, in the department of Nariño. Information on this case is awaited from the Procurator's Office. Likewise, information is awaited in connection with the murder on 10 October of Marcos Pérez González, member of SINTRAELECOL.
223. In regard to the murder on 24 October of Ms. Hortensia Alfaro Banderas, vice-president of SIDESC, the Procurator's Office states that the investigation, filed under No. 11353, is at the preliminary stage; it would appear from initial inquiries that the perpetrators of this crime were members of a paramilitary group operating in the area of the department of Cesar.
224. In regard to the murder on 25 October of Macario Barrera Villota, member of the Huila association of teachers, the Procurator's Office states that according to the case filed under No. 1664, the preliminary investigations have revealed that the victim's death was related to the theft of his taxi (Renault, model 93): "The victim worked both as a night schoolteacher and as taxi driver; he was not known to have any background as a trade union member and much less to have received any threats for engaging in such activity."
225. In regard to the murder on 26 October of Jairo Cruz, President of the Trade Union of Proaceites Workers, the Aguachica-Cesar branch of Procurator's Office 25 has opened an investigation, filed under No. 6211.
226. Physical aggression and injuries
227. In connection with the allegations and information submitted by third level national trade union organizations before the Committee, it may be stated that since no report was made to any security or jurisdictional body regarding the alleged offences, the national Government has obtained no comments or communication in this regard, despite the fact that it has submitted requests for information regarding these incidents to the Office of the Procurator-General of the Nation, the Office of the Attorney-General of the Nation and the national police.
228. The national police, in report No. 022 of 12 January of this year, states in this regard that "it should be emphasized that the presence of the police in places in which demonstrations or strikes are to take place emanates from a legal duty and not from any desire to hinder the right of freedom of expression; on the contrary, it is a permanent task of the national police to accompany demonstrators and take action only when this becomes necessary to disperse any outbreak of violence. It should be remembered that when workers demonstrate, they are responsible for at least 50 per cent of security to ensure that no infiltrators are present during the demonstration to incite disorder".
229. Detentions
230. The national Government is not in a position to provide information on all the cases mentioned in the complaint, since some of them were not even recorded by the authorities, or the alleged incidents were not reported or they merely involved questioning or detentions of short duration, which had no further consequences. The national police has provided information only on matters of which it is aware and in connection with the frequently mentioned national strike. In its report No. 022 of 12 January 1999 (page 3, paragraph 3):
231. "Following investigations into detentions which occurred during the national strike in Bogotá, the Judicial Police Branch (SIJIN) of the Metropolitan Police of Santafé de Bogotá states that, following their investigations, they were able to identify a case that was submitted on 22 October 1998 when José Alfredo Patiño Granados and the minor Ramón Gutiérrez Patiño were detained: among other circumstances, they carried explosive material as described in the report of which a photocopy is appended. José Alfredo Patiño was brought before the regional Procurator of the SIJIN of Bogotá and the minor was handed over to the family officer on duty.
232. The Bacatá police brigade in turn stated that during the strike of government workers of 7 October 1998 to 26 October 1998 two people were detained, who were identified as Carlos Andrés Cristian Sanabria and Gloria Stella Valencia Lobos, for damaging state property, specifically motorcycles 4-4011 and 04-4035; officials of the Office of the People's Advocate instituted a settlement, as described in document No. 059 of 6 January 1999 which is appended.
233. The following persons were temporarily detained at Engativá station 10: Germán Pérez Bastidas, Pedro Arnulfo Melo Cantor, Edgar Arnulfo Melo Cantor and Javier Fernando Amezquita, as stated in document No. 011 from the Tisquesusa police department, which is appended.
234. In the Tequendama police department, specifically station four of San Cristóbal Sur, nine persons were detained under article 207, paragraph 3, of decree No. 1355 of 1970, as stated in the document of 7 January 1999, which is appended.
235. Adolfo Gaitán Chacón and Elber Yesid Gaitán Chacón were detained at Restrepo station 15 of the police department of Tequendama, when they were discovered scattering nails and thumb tacks at the junction of Carrera 10 and Calle 1, and disturbing the peace; they were subsequently brought before the Immediate Response Unit (URI); the youth Edisson Gaitán Chacón was also detained and brought before Juvenile Court No. 2.
236. Usme station 5, Bosa station 7, stations 18 and 19 of the police department of Tequendama report no public disturbances and no arrests."
237. In addition, in report No. 0036 of 12 January 1999, the national police states in this connection that "Regarding the arrest of the three persons in question on 8 and 16 October 1998, as detailed on page 4, I wish to state that Orlando Riveros and Sandra Parra Montenegro were arrested for destroying property not belonging to them and for disturbing the peace, and were held in the CAI San Francisco in the Jurisdiction of Ciudad Bolívar on 16 October 1998 and brought before the Immediate Response Unit of Ciudad Bolívar on the same day (16 October 1998), Sandra Parra Montenegro was released, under release order No. 15727, signed by Procurator 286 assigned to the Circuit Criminal Courts. Orlando Riveros was released on 17 October 1998, under an unnumbered release order issued by Procurator 319 assigned to the Municipal Criminal Courts. It should be noted that it was not possible to ascertain the state of health of these persons by reason of the fact that they have been released.
238. In regard to José Ignacio Reyes (8 October 1998) member of SITTELECOM, his name is not recorded in the list of persons detained in the police stations of the metropolitan area of Santafé de Bogotá.
239. Death threats
240. In regard to the death threats against all trade union leaders of the Comando Nacional Unitario (grouping together CUT, CGTD and CTC), the national Government directs attention to the information provided by the national police to the effect that it is providing police protection to the most vulnerable members of the body in question who have requested this service.
241. (a) The general inspectorate of the national police, on 27 May 1998, issued order No. 01292 to assist all members of the organization in matters of "support, communication and collaboration with human rights organizations", in keeping with the instructions of the Government contained in presidential directive No. 011 of July 1997.
242. (b) In compliance with this provision, back-up was provided to Hernando Hernández who, however, already had a bodyguard with back-up from DAS personnel; following the events of 16 May, he left the country for reasons of safety, and protection was provided for the headquarters of USO in Barrancabermeja and the refinery. Hernando Hernández has appeared sporadically in the country, always accompanied by his DAS bodyguard; the police has been awaiting his return in order to carry out a security study and risk evaluation. This institutional protection and collaboration policy is of a permanent nature and operates simultaneously with the Ministry of the Interior's Committee for Regulation and Assessment of Risk, of which DAS is a member.
243. On 26 November 1998, in response to the written request of 20 November by the ILO's Director-General, Mr. Michel Hansenne, the Minister of the Interior stated the following regarding the protection offered to a number of trade union officials:
244. (1) Héctor Fajardo Abril, Secretary-General of CUT is the subject of a high-level protective security system, consisting of bodyguards, car, bullet-proof vest and cellular beeper provided by the Ministry of the Interior.
245. (2) Tarcisio Mora, president of FECODE, receives a high-level security protection system, consisting of escorts, car, bullet-proof vest and cellular beeper provided by the Ministry of the Interior.
246. (3) Gabriel Alvis, vice-president of USO, is the subject of a security system provided by ECOPETROL.
247. (4) Jesús Bernal Amorocho, president of SINTRACREDITARIO, is the subject of a high-level security protection system, consisting of bodyguards, car, bullet-proof vest and cellular beeper provided by the Ministry of the Interior.
248. (5) Alexander López has not been the subject of any protection request to this Ministry. The CUT, which represents trade union officials on the Committee of Risk Regulation and Assessment and is responsible for submitting cases to the committee, has not done so. However, we are at present submitting a written request for information on the situation of Alexander López and on the reasons why the CUT has not raised the matter before the Committee.
249. (6) Over Dorado. The CUT, which represents trade unionists on the Risk Regulation and Assessment Committee, has not brought this case before the Committee. As in the previous instance, we are currently requesting information regarding Over Dorado.
250. (7) Rafael Baldovino, president of SINTELECOM, is the subject of a high-level security protection system. His bodyguards and car are provided by Telecom.
251. In all the cases, instructions have been issued to the Directorate General of Human Rights of this Ministry to ascertain the situation of those persons mentioned in the document who do not yet have protection, in order to take appropriate measures. "This is the substance of the Minister of the Interior's report. Nelson Berrio, member of USO; Wilson Borja, member of FENALTRASE and Domingo Tovar, member of CUT are also covered by the DAS security system."
252. It should be noted that the Ministry of the Interior's programme for protecting high-risk individuals, covers a considerable number of union officials, providing them with services which include vehicles, bodyguards, bullet-proof vests and air travel (for bodyguards when they are required to travel outside the city). Some trade union officials have demanded that bodyguards should not be drawn from the state security bodies, preferring persons they have chosen themselves; such individuals have been entered with difficulty on the DAS payroll.
253. As stated previously, Jorge Luis Ortega García is among the officials who have opted to select their own bodyguards. Specifically, he demanded that his guards should be drawn from persons on the reintegration programme (members of guerrilla forces who have become reintegrated into civilian life). The necessary bureaucratic steps were being taken to meet Ortega García's requirement when his tragic murder occurred.
254. In regard to the alleged militarization of some premises of state bodies, we can only repeat our earlier statement that the intervention of the national police (the military do not take part in such activities) occurred in a legal manner in compliance with regulations and was in proportion to the circumstances. Therefore, the allegations of the workers who have submitted this complaint are rejected.
255. F. Point 6
256. The Committee requested the Government to keep it informed of the results of the judicial proceedings under way in connection with the dismissal of trade union officials and members of the ALFAGRES SA and TEXTILIA Ltd. companies and of the Ministry of Finance.
257. 1. In the light of the vague nature of the allegations regarding dismissals of unionized employees of the ALFAGRES SA company, the Government was obliged to approach the company in order to ascertain whether it had been notified of labour complaints submitted to the jurisdictional authorities by the above-mentioned dismissed workers. In a communication of 13 January 1999 the company stated that it was unaware "... of current or earlier legal proceedings for anti-union actions; firstly, because they had never been instituted and, secondly, as you may see from our files, the individuals in question have either resigned voluntarily, or been dismissed for just cause or their employment has been terminated by mutual consent ...". The communication is appended.
258. 2. In regard to the complaint submitted against the TEXTILIA Ltd. company by SINTRATEXTILIA to the administrative labour authority, it should be remembered that the latter acted through the regional directorate of labour and social security of Cundinamarca which in turn, after investigating the allegations, decided on appeal not to penalize the TEXTILIA Ltd. company for acts violating the freedom of trade union association under decision No. 00134 of 27 January 1995.
259. In a document of 13 October 1993, Arturo Guerrero and Jairo Peña, who were at that time president and secretary of SINTRATEXTILIA, withdrew their complaint by reason of the fact that the same incidents were the subject of criminal proceedings against the company management and that the dismissed workers had filed a suit against the company before the ordinary labour court.
260. Reinstatement actions were filed before the courts, the current status of which is as follows:
261. (a) Labour Court 5 ruled that trade union official Isidoro Tellez should be reinstated; he is currently in the employment of the company.
262. (b) Labour Court 12 has concluded the hearing and a verdict is awaited.
263. (c) Labour Court 14, awaiting judicial examination.
264. (d) Labour Court 16, the anti-union case that is being tried in this court is currently hearing witnesses' evidence.
265. 3. In regard to the Ministry of Finance and Public Credit, concerning the appeal submitted by Ramón Vicente Ebratt Solano, against decision No. 888 of 25 March 1992 by the Ministry of Finance and Public Credit whereby he was declared ineligible to receive compensation under the collective compensated retirement plan, in a technical-administrative capacity, on the grounds that a misuse of authority had occurred since, being a trade union official, the objective of declaring him eligible had not been to ensure optimum public service; hence the administration had violated his trade union status; the Council of State ruled in a decision of 2 May 1996 that the above decision was invalid and ordered the Ministry of Finance and Public Credit to reinstate Ramón Vicente Ebratt Solano in a position of equal or higher rank, with retroactive payment of salary and other benefits between 1 April 1992 when he had been suspended from his job and the date on which he was reinstated. The Ministry of Finance and Public Credit complied with the decision and reinstated Ramón Vicente Ebratt Solano in technical-administrative post 4065-09 in the administrative secretariat of the Ministry, under decision No. 2004 of 3 September 1996, as reported in record No. 256 of 19 September 1996.
266. New allegations on which the Government has not communicated its observations
267. In this regard, the national police states the following:
268. In accordance with Nos. 132 and 133 on employees in the banking sector, this office was informed that a meeting was held on 8 September 1998, in the premises of the National Union of Banking Employees (UNEB), between members of the Metropolitan Police of Santafé de Bogotá and executives of this organization, during which an analysis was made of the collective threat that had been received, and assessed the degree of risk to which the following individuals were exposed: Yuly González Villadiego, Olimpo Cárdenas, Ana Cecilia Escorcia, Segundo Mora, Emidgio Triana, Rafael Peña, Alvaro Pulido, Miguel González, Raúl Malagon, Mauricio Alvarez, Orlando Romero, Alvaro Quintero, Domingo Tovar.
269. Following the meeting and after assessing the information provided, it was calculated that the level of risk of UNEB members was low, with the exception of Ms. Yuly González Villadiego, whose risk level was considered to be intermediate.
270. In addition, it is known that CUT trade union officials have received threats and have submitted corresponding complaints to the Ministry of the Interior.
271. In regard to the protection of SAINTRAEMCALI union officials, the national police has stated that it is taking steps to guarantee their personal protection and enable them to pursue their trade union activities. In its communication of 10 December 1998, the Government states that it has offered protection to trade union leaders, namely Messrs. Hector Fajardo Abril, Tarcicio Mora, Gabriel Alvis and José Bernard Amarcho.
272. Conclusion
273. This is our report in response to case No. 1787 that is under consideration by the ILO's Committee on Freedom of Association, and it is hoped that a dispassionate and careful examination of the report will permit an objective appraisal to be made of our situation and of the efforts that are being made by the Colombian State to guarantee that citizens may exercise basic rights, notwithstanding the raging armed conflict by which we are oppressed.
274. The most logical conclusion to be drawn from the information contained in this report must be that, despite the unbridled violence that has been unleashed by the enemies of democracy against the immense majority of Colombians, the State is doing all it can to ensure that workers, in particular, may exercise the trade union freedoms that are embodied in ILO Conventions Nos. 87 and 98, in our Constitution and in legislation and standards relating to labour rights.
275. For the above reasons, we may state without hesitation that the Government of Colombia respects human rights and combats all those who seek to undermine them, since it holds the unswerving belief that this is an essential premise for strengthening democracy and achieving peace.
276. Final declarations
277. (a) The Government of Colombia requests the International Labour Office to transcribe this document in extenso in the report to the Governing Body.
278. (b) In addition, the Government states its disagreement with the scope given both by the Committee of Experts and by the Committee on Freedom of Association to the text of the Conventions adopted by the Conference, in particular Conventions Nos. 87 and 98. In providing the requisite explanations, the Government specifies that it cannot accept those requirements of the supervisory bodies which have the direct effect of disregarding the political, institutional and legal structure of the State, such as those in which the executive is required to adopt measures that in fact fall within the competence of other bodies of the public administration, the judiciary or the legislature or, graver yet, to adopt measures in regard to cases that have already been examined by national courts or which seek to require the Government to take steps, purportedly of a precautionary nature, which involve treating the labour sector in a different manner to the rest of Colombian society.
279. (c) Likewise, the Government states its disagreement with the action of the Committee on Freedom of Association when, in two areas, it disregards two of the basic features of the universal principle of due process (Universal Declaration of Human Rights). We refer, firstly, to the inversion of the burden of proof, since it is embodied in law that a person making an accusation must prove it. However, governments are required to disprove all reports submitted to the Committee on Freedom of Association by the complainants, even when such statements are inaccurate and no corresponding evidence is supplied. In that connection, the Government points out that the Committee on Freedom of Association itself has stated that "its function is not to formulate general conclusions ... on the basis of vague general statements, but simply to evaluate specific allegations" (Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, Annex I, para. 24). Secondly, the presumption of innocence is disregarded because the State, which is accused in the manner described, is considered guilty until it proves the contrary.
280. (d) The Colombian Government insists that sufficient familiarity should be acquired of the Colombian institutional system if any empirical understanding is to be gained of its practical framework, as opposed to speculation based on unfounded preconceptions. No branch of public power in Colombia, in this instance the Government, is prepared to assume functions or powers that are not explicitly provided for in the Constitution and in legislation and which, in addition, do not inform the spirit of our tradition of respect for the democratic institutions of the country.
281. The Government of Colombia holds the firmest conviction that the spirit of justice and fairness of the Governing Body and of all the sectors represented in it, will lead it to acknowledge the seriousness, validity and soundness of the explanations given in response to the various questions and to take account, with positive acts of understanding, of the difficulties currently experienced by Colombia, and the tireless national endeavours to advance the rule of law, in which it recognizes and concedes the leadership of the International Labour Organization, and to achieve domestic peace which is the desired basis of a fruitful partnership whereby the principles and values that lend dignity to human labour may be fully developed.
282. For the above reasons, the Government of Colombia considers that, pursuant to the obligations ensuing from its membership of the International Labour Organization, and those ensuing from ratification of ILO Conventions Nos. 87 and 98, the case of Colombia need not be referred to a commission of inquiry.
283. The Government of Colombia states its total readiness to engage in permanent communication with the Committee of Experts on the Application of Conventions and Recommendations and with the Committee on Freedom of Association.

T. The Committee's conclusions

• D. The Committee's conclusions
  10. 10 Firstly, the Committee acknowledges the Government's efforts in drawing up its lengthy and detailed report on the numerous, serious allegations contained in this case, the majority of which refer to murders, disappearances, physical aggressions, detentions and death threats against trade union officials and trade union members, and to raids on trade union premises. The Committee deplores that since the last examination of this case by the Committee at its November 1998 meeting, such events have continued to take place, and it is deeply concerned about the violence that continues to be targeted at trade union leaders and members. The Committee must, therefore, recall that the right 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 or 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, para. 47).
  11. 11 With respect to the Government's final declarations, the Committee notes that in formulating its conclusions, the Committee does take into account the political, institutional and legal structures of the State which sometimes leads it to criticize legal provisions or situations that are incompatible with ratified Conventions. Regarding the Government's comments concerning the complainants' allegations not being supported by sufficient evidence, the Committee recalls that the Government is certainly entitled to point out the weaknesses regarding the evidence; the Government, with a view to responding to the allegations, can request the complainant to provide more specific information, setting out at least numbers, dates, places etc. in order to permit a denial or a confirmation of the alleged facts and to facilitate the Government to then provide further relevant details.
  12. 12 The Committee notes the Government's statement in the background report to the effect that, for the purpose of following up on the facts mentioned in the numerous allegations relating to the cases before the Committee on Freedom of Association, the Interinstitutional Commission for the Protection and Promotion of Human Rights was established in 1998, composed of the Ministry of Labour and Social Security's Office for the Protection and Promotion of Human Rights, the trade union confederations of the trade unions at greatest risk, human rights NGOs, the Episcopal Conference, the State's supervisory and investigatory bodies, the military forces, together with the Office of the United Nations High Commissioner in Colombia.
  13. 13 Nonetheless, the Committee deplores the fact that, despite the extreme gravity of the facts and the considerable time that has elapsed, the investigations undertaken have not yet led to the identification, trial and sentencing of the perpetrators of the large majority of the allegations. In this regard, the Committee emphasizes 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" (see Digest, op. cit., para. 54).
• Murders
  14. 14 With respect to the outcome of the inquiries into these numerous cases involving the murder of trade union officials and trade union members (see annexes I and II) (allegations still pending or presented in 1998), the Committee notes that, according to the information provided by the Government and on the basis of subsequent analysis of that information (see Annex III): (a) in the cases concerning the 24 workers of the "Rancho Amelia" banana farm in Turbo, Urabá, belonging to SINTRAINAGRO, and the case of José Isidro Leyton Molina, branch president of the CGTD, the guilty parties were identified, brought to trial and convicted; in the case of Bernardo Orrego Orrego, member of the association of vendors in Medellín Antioquía, the guilty party has been identified and is awaiting sentencing following trial; in the case of Juan Camacho Herrera, member of a trade union in the mining sector, warrants have been issued for the arrest of two individuals connected with the murder; and in the case of José Eduardo Umaña Mendoza, six people have been taken into preventive custody, having been accused of murder; (b) in 54 cases (some of which relate to a number of persons), the investigation that is being undertaken by the corresponding Procurator's Office is at the preliminary stage and in five cases additional information is provided on the facts; however the guilty parties have not been identified and brought to trial in 59 cases; (c) in eight cases, the corresponding Procurator's Office has closed the investigation; (d) in three cases it is not known whether investigations are continuing with a view to identifying and trying the guilty parties; (e) in the cases of Messrs Argiro de Jesús Betancur Espinosa and Alvaro José Taborda Alvarez, according to the Government, the murders were not motivated by trade union activities; (f) Messrs Luis Orlando Camacho Galvis and José Eduardo Umaña Mendoza were not trade union members.
  15. 15 In regard to the 59 cases in which the perpetrators of the murders have not been identified (some of which relate to a number of persons), the Committee urges the Government promptly to take the necessary steps so that it may determine as far as possible where responsibility lies, to punish the guilty parties and to prevent any repetition of similar serious events. The Committee urges the Government to keep it informed in this regard. With respect to the eight cases where the investigation was closed by the responsible Procurator's Office, the Committee urges the Government to inform it, at the earliest date, of the reasons for closing the investigations. In regard to the four cases in which it is not known whether the investigations are continuing, the Committee likewise urges the Government to take the necessary steps to identify the guilty parties and bring them to trial. The Committee likewise requests the Government to provide information on the outcome of the criminal proceedings under way against Freddy Mosquera Mosquera, in connection with the murder of Bernardo Orrego Orrego, and of the outcome of the issuing of warrants for the arrest of persons accused of the murders of José Isidoro Leyton Molina and Juan Camacho Herrera.
• Disappearances
  16. 16 In regard to the outcome of the investigations into the disappearances of 13 trade union officials and trade union members (see Annexes I and II), the Committee notes from the information provided by the Government and the subsequent analysis of that information (see Annex III): (a) the hostages were released in six cases (Pedro Fernando Acosta Uparela, José Ricardo Sáenz, Emiliano Jiménez, Amadeo Jalave Díaz, Jhony Cubillo and Ulpiano Carvajal); (b) in regard to the cases of Ramón Alberto Osorio Beltrán, Alexander Cardona and Mario Jiménez, the investigation that is being conducted by the corresponding Procurator's Office is at the preliminary stage; (c) in the cases of Rodrigo Rodriguez Sierra, Rami Vaca, Jairo Navarro and Miseal Pinzón Granados, it is not known whether investigations to identify the guilty parties and bring them to trial are still continuing.
  17. 17 In regard to the latter seven cases, the Committee urges the Government to take the necessary steps to proceed with the investigations without delay, in order, as far as possible, to determine the whereabouts of those missing, to determine where responsibility lies, punish the guilty parties and prevent the repetition of similar deplorable events. The Committee urges the Government to keep it informed as promptly as possible of developments in these cases.
• Death threats
  18. 18 Concerning the outcome of the investigations into 25 cases of death threats against trade union officials and trade union members (see Annexes I and II) (some of which concern a number of persons), the Committee notes that according to the information provided by the Government and the subsequent analysis of that information (see Annex III), police protection is being provided for most (18) of the persons threatened. In this regard, the Committee requests the Government to continue to offer protection to all trade union officials and trade union members in a situation of risk and to continue the investigations with a view to identifying and convicting those guilty of making the threats, and to keep it informed regarding steps taken in this regard.
• Detentions
  19. 19 With respect to the outcome of the investigations into the detention of trade union officials and trade union members (see Annexes I and II), the Committee notes that in accordance with the information provided by the Government and on the basis of the subsequent analysis of that information (see Annex III), the 10 individuals involved are charged with rebellion, terrorism and conspiracy to commit crime, that criminal charges are being brought against them by the Office of the Procurator-General of the Nation, with respect for and observance of due process, protection of the right to defence and in accordance with criminal laws and that César Carrillo was released on 15 May 1998. With regard to the cases of Luis Rodrigo Carreño, Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta, the Committee requests the Government to provide without delay information on the outcome of the investigations under way.
• Raids on union headquarters, telephone tapping, surveillance of trade union members (see Annex II)
  20. 20 With respect to the outcome of the investigations into raids on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive subcommittee of the CUT-Atlántico, with telephone tapping and acts of violence, the Committee notes that according to the information provided by the Government (see Annex III), no information could be obtained on the subject, due to the fact that the event was not reported to the appropriate authorities for investigation. In that regard, the Committee urges the Government to take appropriate measures in order to ensure protection to all trade union officials and trade union members in a situation of risk and likewise to place a watch on their respective trade union headquarters. The Committee requests the Government to keep it informed of action taken in this connection.
• Physical aggression and police repression (see Annex II)
  21. 21 With respect to police repression of employees of public enterprises in Cartagena during a peaceful demonstration on 29 July 1995, the Committee notes that according to the information provided by the Government (see Annex III), it was not possible to obtain information on the subject, since the event was not reported to the appropriate authorities for investigation. The Committee requests the Government to carry out an investigation into these allegations and to keep it informed in this respect.
  22. 22 Concerning the death of Fernando Lombana, member of ASOPEMA, caused by police repression during a demonstration in Santafé de Bogotá on 14 August 1995, the Committee notes that, according to the information provided by the Government (see Annex III), the member of the police, Luis Eduardo Sanabria Cruz, who had been charged with the murder, was found not guilty by the Office of Judge-Advocate 34 of the metropolitan police; this finding is being reviewed by the Supreme Military Court. The Committee requests the Government to inform it as promptly as possible of the decision taken by the Supreme Military Court in this case, and to forward without delay its observations on the allegations regarding the three trade union members who were seriously wounded and the persons arrested while taking part in the demonstration.
  23. 23 With regard to the five trade union members who were assaulted and injured by the police, the Committee notes the information provided by the Government (see Annex III), to the effect that cases are pending before the military criminal courts of the Directorate-General of the National Police in regard only to Mr. Héctor Ernesto Moreno Castillo and Edgar Méndez Cuéllar. The Committee requests the Government to inform it as promptly as possible of the outcome of these proceedings, and to provide information regarding the assaults against trade unionists César Castando, Luis Alejandro Cruz Bernal and Martha Janeth Leguizuman, who, according to the Government have not submitted complaints.
• Attempted murders (see Annex II)
  24. 24 In regard to the cases concerning trade unionists Edgar Riaño, Dario Lotero, Luis Herández and Monerge Sánchez, the Committee notes that, according to the information provided by the Government (see Annex III), it was decided on 3 March 1993 to close the disciplinary investigation. In this regard, the Committee asks the Government to provide information on the reasons for that decision. In regard to the cases of Gilberto Correño and César Blanco Moreno, the Committee notes that inquiries are being made, and asks the Government to inform it as soon as possible of the outcome of those inquiries.
• Other allegations of murder, physical aggression, death threats and detention of trade union leaders and members arising out of the national strike of 7 October 1998 (see Annex IV)
  25. 25 In regard to the allegations of murders, physical aggressions, death threats and detentions of trade union officials and trade union members committed following the beginning of a national strike of government workers on 7 October 1998, the Committee notes the information provided by the Government concerning the circumstances in which the events took place. Regarding the six cases of murder (see Annex IV), through the inquiries carried out by the Office of the Procurator-General of the Nation the following information was obtained:
      • -- Jorge Luis Ortega García, vice-president of CUT, murdered in the city of Santafé de Bogotá on 20 October 1998 and an investigation was opened on the same day by the National Human Rights Unit of the Procurator's Office; the investigation continues, three suspects have been identified and two arrest warrants have been issued. According to the national police, Ortega García had been offered protection through the Ministry of the Interior's Risk Regulation and Assessment Committee, but the trade union leader had turned down the offer of protection, preferring to appoint his own bodyguards.
      • -- Hortensia Alfaro Banderas, vice-president of SIDESC, murdered on 24 October 1998 by persons presumed to belong to a paramilitary group operating in the region of the Cesar department, the investigation is at the preliminary stage.
      • -- Jairo Cruz, president of the Trade Union of Proaceites Workers, murdered on 26 October 1998; the investigation is at the preliminary stage.
      • -- Orfa Ligia Mejía, murdered on 7 October 1998 in the municipality of Ipiales, department of Nariño and Marcos Pérez González, member of SINTRAELECOL, murdered on 10 October 1998; information is awaited in connection with both cases on the investigation that is being conducted by the Procurator's Office.
      • -- Macario Barrera Villota, member of the Huila Teachers' Association, murdered on 25 October 1998; the investigation, which is at the preliminary stage, has revealed that the event was probably connected with the theft of his taxi, the deceased working both as a teacher and as a taxi driver; he was not known to have had any history as a trade union member.
  26. 26 The Committee deplores the fact that, despite the extreme gravity of the events, with the exception of two arrest warrants issued, the investigations undertaken have not led to the identification, trial or sentencing of the guilty parties in the six cases of murder mentioned above, for which reason it urges the Government to inform the Committee as soon as possible of the specific developments in this connection.
  27. 27 With respect to the six cases of allegations of physical aggression and injury (see Annex IV) (some of which involve a number of persons), the Committee notes the information provided by the Government to the effect that it was unable to obtain any information on such allegations, since the events were not reported to the relevant security or jurisdictional bodies. In this regard, the Committee is deeply concerned that, despite the serious physical aggressions and injuries described in the allegations, the Government has not been able to shed any light on the deplorable events and convict the guilty parties. The Committee emphasizes that "in the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts" (see Digest, op. cit., para. 53). The Committee requests the Government to carry out an investigation into the alleged facts and to keep it informed in this respect.
  28. 28 In regard to the three cases of detention (see Annex IV), the Committee notes the information provided by the Government to the effect that Orlando Riveros and Sandra Parra Montenegro were detained on 16 October 1998 in connection with the destruction of property not belonging to them and for rioting, and brought before the Ciudad Bolívar Immediate Response Unit. Sandra Parra Montenegro was released on the same day and Orlando Riveros on the following day (17 October 1998). José Ignacio Reyes does not appear on the list of persons detained in any of the metropolitan police stations of Santafé de Bogotá. The Committee requests the Government to confirm that he has been released.
  29. 29 In regard to death threats against the trade union leaders of the "Comando Nacional Unitaric" (composed of the CUT, CGTD and CTC), the Committee takes note of the information provided by the Government to the effect that it is providing police protection to members of this confederation who are at greatest risk and who have requested this service. Specifically, the Government states that the Ministry of the Interior's programme of protection for persons at high risk covers a significant number of trade union officials and provides them with the services of vehicle, bodyguards, bullet-proof vests, air tickets (for their bodyguards when they are required to travel outside the city). Some trade union officials have insisted that bodyguards should not be drawn from the state security bodies and prefer to select their bodyguards themselves. In this regard, the Committee requests the Government to continue to provide protection for trade union officials and trade union members in a situation of risk and to continue investigations to identify and punish those responsible and to inform it of action taken in this regard.
• Allegations concerning restrictions on the right to strike
  30. 30 With respect to the national strike of government workers, which began on 7 October 1998, the Committee notes the Government's observations, in particular the information that trade union confederations and a large number of government union organizations called a national strike of government workers of unspecified duration which began on 7 October 1998 and which was of a clearly political nature, not only for the reasons stated for calling this strike, namely to protest against the Government's economic and social policy, but also because the provisions contained in the Labour Code regarding strikes in essential public services were violated. The Government states that it was not a peaceful movement, since in some cases workers were obliged by force to stop work when the premises were occupied by groups of workers led by their trade union officials, thereby barring access to other workers who wished to carry out their duty, in some cases attacking them and also preventing user access to services. These events led to the intervention of the state police to restore order and to protect citizens, and to protect the right to work of those who wished to do so.
  31. 31 With regard to the Government's statement that it was a clearly political strike in protest against the Government's economic and social policy, the Committee draws attention to the principle whereby "while purely political strikes do not fall within the scope of the principles of freedom of association, trade unions should be able to have recourse to protest strikes, in particular where aimed at criticizing a government's economic and social policies". The Committee has stated that "The occupational and economic interests which workers defend through the exercise of the right to strike do not only concern better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions and problems facing the undertaking which are of direct concern to workers" (see Digest, op. cit., paras. 482 and 479).
  32. 32 Concerning the Government's statement that the provisions of the Labour Code regarding a strike in essential public services were not respected, the Committee states that the Committee of Experts has for many years criticized legal provisions which forbid strikes not only in essential services in the strict sense of the term, but also in a wide range of services which are not necessarily essential (new article 450(1)(a) and Decrees Nos. 414 and 437 of 1952; 1543 of 1955; 1593 of 1959; 1167 of 1963; 57 and 534 of 1967). The Committee also draws attention to the fact that the Committee of Experts has on several occasions criticized article 417, paragraph 1, of the Labour Code which prevents federations and confederations from declaring strikes. In this regard, the Committee requests the Government to take the necessary measures to ensure the enjoyment of the right to strike for workers and their organizations in services which are not essential in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) (see Digest, op. cit., para. 542), as well as federations and confederations.
  33. 33 With respect to the Government's statement that in some cases workers were obliged to stop work by force when premises were occupied by groups of workers, barring access to other workers who wished to work, and in some cases attacking them, the Committee regrets these events and draws attention to the fact that "Taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful. The case is different, however, when picketing is accompanied by violence or coercion of non-strikers in an attempt to interfere with their freedom to work; such acts constitute criminal offences in many countries" (see Digest, op. cit., para. 586).
• Allegations concerning the militarization of enterprises
  34. 34 With regard to allegations that some premises of state bodies were militarized, the Committee notes the Government's comments that the intervention of the national police on the premises of TELECOM, ECOPETROL, Caja Agraria, Social Security Institute and several health centres was carried out in compliance with legal requirements and was in proportion to the events, and that no military intervention occurred.
• Allegations of violations of the right to bargain collectively, and of anti-union discrimination
  35. 35 Concerning the outcome of the appeal submitted by the Andino Bank against the administrative decision imposing a fine on the bank for violation of the provisions of collective agreements, the Committee takes note of the information provided by the Government that, under decisions of 23 September and 2 December 1994, the penalty imposed on the Andino Bank for the above-stated violation was upheld.
  36. 36 In regard to the investigation into the alleged anti-union acts committed by the authorities of the Andino, Citibank and Sudameris Banks, the Committee notes that these investigations have not been concluded. As concerns the Anglo Colombiano Bank, the Committee notes the information provided by the Government that the investigation was closed for lack of legal grounds, since the parties repeatedly failed to attend proceedings to clarify the alleged violations. Nonetheless, the Technical Directorate of Labour ordered that the investigation should be reopened. In this regard, in view of the long period that has elapsed since the investigations were opened into the alleged anti-union acts committed by the authorities of the various banks, which have not yet had any concrete outcome, the Committee urges the Government to clarify these events and, if the allegations are substantiated, to ensure that measures are taken to punish those responsible for such acts and to prevent their repetition in the future.
  37. 37 In regard to allegations of various acts of trade union persecution against trade union officials, trade union leaders and trade union members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA), the Committee notes the information provided by the Government that, first, in conformity with the Ministry of Labour and Social Security's resolution No. 00371 of 3 March 1998, ASODEFENSA is enrolled on the trade union register and has legal personality. Moreover, for the purpose of clarifying the events reported, the Ministry of Defence carried out an investigation which led to the issue of Circular No. 9571 by the Ministry addressed to all departments of the Ministry, reminding uniformed and civilian public servants of the obligation to respect the right to freedom of association and ordering them to refrain from taking decisions which obstruct trade union activity. The circular also draws attention to the right of trade union organizations to meet in official premises and requests that trade union communications should be allowed to circulate freely in the Offices of the Ministry of Defence, the Armed Forces and Police. Lastly, the Government states that the trade union rejected this circular because it considered that it did not comply with the requirements laid down during the consultation process, and as a result the authorities of the Ministry of Defence are establishing contacts with the trade union in order to dispel doubts and reach an agreement. In this connection, the Committee requests the Government to keep it informed of the outcome of these negotiations, and expresses its hope that all the outstanding matters will be resolved.
  38. 38 In regard to the Committee's request regarding the outcome of ongoing legal proceedings in connection with the dismissal of trade union officials and trade union members in the ALFAGRES S.A. and TEXTILIA Ltd. companies and in the Ministry of Finance, the Committee notes the Government's statement that the ALFAGRES S.A. company has stated that no legal proceedings have been lodged for anti-union acts for the reason that such acts never occurred; as reflected in its files, the persons in question left the company through voluntary resignation, or were terminated for just cause or by mutual agreement. Concerning the trade union official dismissed by the Ministry of Finance, the Committee notes with interest that according to the information provided by the Government, the Council of State resolved in a decision of 2 May 1996 to reinstate Ramón Vicente Ebratt Solano in his post; he has been paid the salary and other benefits that he had ceased receiving since the date of his dismissal for anti-union motives. With respect to the legal proceedings for anti-union dismissals in the TEXTILIA Ltd. company, the Committee notes with interest that Labour Court 5 ordered that the trade union leader Isidoro Tellez should be reinstated and he is now once more employed by the company; however, the Committee observes that the respective courts have not yet handed down a decision in three other cases. In this regard, the Committee requests the Government to keep it informed of the final outcome of these proceedings.
  39. 39 Lastly, as regards the new allegations and additional information provided by CIOSL and CLAT in connection with murders, attempted murders and death threats against trade union officials and trade union members, the Committee once more deplores the fact that it must acknowledge that anti-union violence has not declined, but that the allegations communicated during the course of the past four months (November 1998-February 1999) appear to indicate that it has continued. Similarly, the Committee once more recalls that "an impressive amount of violence is targeted against persons holding trade union office or whose physical integrity and personal freedom are attacked solely on account of their trade union activity" (see 311th Report of the Committee on Freedom of Association, para. 282). The Committee deeply regrets the murders of Oscar Artunduaga Nuñez, of the trade union of the Cali Municipal Enterprise Workers (SINTRAEMCALI), Jesús Orlando Arévalo, health secretary of the Trade Union of Workers of Arauca Public Service Enterprises (SINTRAEMPSERPA), Moisés Caicedo Estrada, trade union leader of SINTRE PORCE II, Gladys Pulido Monroy, trade unionist in the municipality of Tutasá, Vereda La Capilla, in the department of Boyacá, and Oscar David Blandín, attorney of the Union of Municipal Workers of Bello, and the attacks against and consequent serious injuries suffered by Tarciso Mora, president of the Colombian Federation of Teachers (FECODE) and Osvaldo Rojas Arévalo, president of the Trade Union of Workers of the Department of Cali. The Committee urges the Government to communicate its observations on all these allegations without delay.
  40. 40 Regarding the new allegations of death threats against trade union leaders and trade union members, the Committee notes the Government's information that protection is now being offered to trade union officials Héctor Fajardo Abril, Secretary-General of the CUT, Tarcicio Mora, president of FECODE, Gabriel Alvis, vice-president of USO, Jesús Bernal, president of the National Association of Employees of the Caja Agraria. Likewise, the Government states that it called a meeting on 8 September 1998, at the premises of the National Union of Banking Employees (UNEB), between members of the metropolitan police of Santafé de Bogota and the executives of the organization (Olimpo Cárdenas, Ana Cecilia Escorcia, Segundo Mora, Emidgio Triana, Rafael Peña, Alvaro Pulido, Miguel González, Raúl Malagon, Mauricio Alvarez, Orlando Romero, Alvaro Quintero, Domingo Tovar and Yuly González Villadiego), in order to analyse the collective threats that had been received and to ascertain the level of risk and take necessary action. Concerning the death threats against the officials of SINTRAEMCALI (Alexander López, Alexander Barrios, Harold Viafara, Marcel Castagall, William Lozano, Robinson Emilio Masso, César Martinez, Luis Hernández, Ramiro Perlaza and Luid Enrique Imbaqui), the Committee notes the Government's statement that the national police is taking measures to guarantee their personal protection while conducting their trade union activities. In this connection, the Committee requests the Government to continue to take measures to protect all trade union officials and trade union members in a situation of risk, and to proceed with investigations to identify and punish those responsible and to inform the Committee of the action taken in this regard.

The Committee's recommendations

1. 41. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores the climate of violence and insecurity which exists in the country and from which the trade union movement is suffering and the fact that despite the extreme gravity of the events and the long period that has elapsed, the investigations undertaken have not yet made it possible to identify, bring to trial and convict those responsible concerning the vast majority of the allegations of murder and other acts of violence. In this regard, the Committee expresses its serious concern and emphasizes 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".
   • (b) With respect to the 59 cases in which those responsible for murders have not been identified (see Annex III) (some of which refer to a number of persons), the Committee urges the Government urgently to take the necessary measures to determine where responsibility lies, to bring to trial and to convict the guilty parties and to prevent a repetition of these extremely serious events. The Committee urges the Government to keep it informed in this regard. Concerning the eight cases in which investigations have been closed by the corresponding Procurator's Office, the Committee urges the Government promptly to inform the Committee of the reasons for closing these investigations. In regard to the three cases in which, according to the Government, it is not known whether the investigations continue, the Committee likewise urges the Government to take the necessary steps to identify and to bring those responsible to trial.
   • (c) The Committee likewise asks the Government to inform it of the outcome of the ongoing criminal proceedings against Freddy Mosquera Mosquera in connection with the murder of Bernardo Orrego Orrego, and of the outcome of the issuing of warrants for the arrest of suspects in the murders of José Isidoro Leyton Molina and Juan Camacho Herrera.
   • (d) Concerning the cases of the disappearance of Ramón Alberto Osorio Beltrán, Alexander Cardona, Mario Jímenez, Rodrigo Rodríguez Serra, Rami Vaca, Jairo Navarro and Miseal Pinzón Granados, the Committee urges the Government to take the necessary measures promptly to proceed with investigations, in order to determine the whereabouts of those missing, where responsibility lies, to punish those responsible and to prevent any repetition of these deplorable events. The Committee urges the Government to keep it informed as promptly as possible in this connection.
   • (e) With respect to the outcome of investigations into the cases of death threats against trade union officials and trade union members, the Committee requests the Government to continue to provide protection for all trade union officials and trade union members in a situation of risk (see Annex III), and to proceed with investigations to identify and punish those responsible for the threats and to inform it of the action taken in this regard.
   • (f) Concerning the outcome of investigations into the detention of trade union officials and trade union members, the Committee requests the Government without delay to inform it of the outcome of the investigations under way into the cases of Luis Rodrigo Carreño, Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta, as well as those regarding the ten individuals involved in ongoing proceedings (see Annex III).
   • (g) Regarding the outcome of investigations into raids on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive subcommittee of CUT-Atlántico, the Committee urges the Government to take appropriate measures to provide protection for all trade union officials and trade union members belonging to these organizations and for their respective trade union headquarters. The Committee asks the Government to keep it informed of action taken in this regard.
   • (h) With respect to the alleged police repression against employees of the public enterprises of Cartagena during a peaceful demonstration on 29 June 1995, the Committee asks the Government to carry out an investigation into the allegations and to keep it informed concerning this matter.
   • (i) With respect to the five trade union members who are alleged to have been attacked by the police, causing injuries, the Committee requests the Government promptly to inform it of the outcome of the proceedings under way against Héctor Ernesto Moreno Castillo and Edgar Méndez Cuéllar and to forward information on the allegations regarding attacks against the trade union members César Castaño, Luis Alejandro Cruz Bernal and Martha Janeth Laguizamon, who did not lodge complaints.
   • (j) Concerning the case of Edgar Riaño, Dario Lotero, Luis Hernández and Monerge Sánchez, the Committee requests the Government to inform it of the reason for closing the disciplinary inquiry against them. Regarding the cases of Gilberto Correño and César Blanco Moreno, the Committee requests the Government to inform it as soon as possible of the outcome of the inquiries that are under way.
   • (k) Regarding the allegations of murders of trade union officials and trade union members committed after the beginning of a national strike of government workers on 7 October 1998 (see Annex IV), the Committee deplores the fact that, despite the extreme gravity of the events, with the exception of the two arrest warrants issued, the investigations carried out have not led to any identification, trial or conviction in the six cases of murder, for which reason it urges the Government to inform it as soon as possible of any concrete results achieved in this regard:
     • -- concerning the allegations involving six cases of physical aggression and injuries (see Annex IV) (some of which relate to numerous persons), the Committee requests the Government to carry out an investigation into the allegations and to keep it informed concerning this matter. The Committee also requests the Government to confirm that trade unionist José Ignacio Reyes has been released;
     • -- in regard to the death threats to all trade union officials of the "Comando Nacional Unitario" (composed of the CUT, CGTD and CTC), the Committee requests the Government to continue to provide protection for all trade union officials and trade union members in a situation of risk, and to proceed with investigations to identify and convict the guilty parties and to inform it of action taken in this connection.
   • (l) Concerning the national strike of government workers (begun on 7 October 1998), the Committee asks the Government to take the necessary measures to ensure that workers and their organizations in services which are not essential in the strict sense of the term (that is, services whose interruption could endanger the life, personal safety or health of the whole or part of the population) enjoy the right to strike as well as federations and confederations.
   • (m) Regarding the investigations into alleged anti-union acts committed by the authorities of the Andino, Citibank, Sudameris and Anglo Colombiano banks, in view of the long period that has elapsed since these investigations were opened without as yet producing any concrete results, the Committee urges the Government to clarify such events and, should the allegations be substantiated, to ensure that measures are taken to punish those responsible for such acts and to avoid their repetition in the future.
   • (n) With respect to allegations of various acts of trade union persecution against officials and members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA) the Committee asks the Government to keep it informed of the outcome of the negotiations that are being conducted between the authorities of the Ministry of Defence and the Trade Union Association in order to clarify doubts and reach an agreement, and hopes that all the outstanding issues will be resolved.
   • (o) Concerning the three cases of anti-union dismissals in the TEXTILIA Ltd. company, which are awaiting sentence in the respective courts, the Committee requests the Government to keep it informed of the final outcome of these proceedings.
   • (p) Regarding the new allegations and additional information submitted by CIOSL and CLAT regarding murders and attempted murders of and death threats against trade union officials and trade union members, the Committee profoundly regrets the murders of Oscar Artunduaga Nuñez, of the Trade Union of Workers of the Cali Municipal Enterprises (SINTREMCALI), Jesús Orlando Arévalo, health secretary of the trade union of workers of Arauca Public Service Enterprises (SINTREMPSERPA), Mosés Caicedo Estrada, trade union official of SINTRE PORCE II, Gladys Pulido Monroy (trade unionist), Oscar David Blandín González, attorney of the Union of Municipal Workers of Bello, and the attacks against and serious injuries sustained by Tarciso Mora, president of the Colombian Federation of Teachers (FECODE) and Osvaldo Rojas Arévalo, president of the Trade Union of Employees of the Department of Cali. The Committee urges the Government promptly to communicate its observations on all these allegations.
   • (q) In regard to death threats against trade union officials and trade union members of CUT, FECODE, USO, UNEB, SINTRAEMCALI contained in the new allegations and additional information, the Committee asks the Government to continue to provide protection for all trade union officials and trade union members in a situation of risk, and to proceed with investigations to identify and convict the guilty parties and to inform the Committee of the action taken in this regard.

Annex I

1. Allegations on which the Committee has requested the Government for
2. information on the investigations and judicial proceedings under way
3. Murders
4. (1) Antonio Moreno (12 August 1995).
5. (2) Manuel Ballesta (13 August 1995).
6. (3) Francisco Mosquera Córdoba (February 1996).
7. (4) Carlos Arroyo de Arco (February 1996).
8. (5) Francisco Antonio Usuga (22 March 1996).
9. (6) Pedro Luis Bermúdez Jaramillo (6 June 1995).
10. (7) Armando Humanes Petro (23 May 1996).
11. (8) William Gustavo Jaimes Torres (28 August 1995).
12. (9) Ernesto Fernández Pezter.
13. (10) Jaime Eliacer Ojeda.
14. (11) Alfonso Noguera.
15. (12) Alvaro Hoyos Pabón (12 December 1995).
16. (13) Libardo Antonio Acevedo (7 July 1996).
17. (14) Néstor Eduardo Galíndez Rodríguez (4 March 1997).
18. (15) Erieleth Barón Daza (3 May 1997).
19. (16) Jhon Fredy Arboleda Aguirre.
20. (17) William Alonso Suárez Gil.
21. (18) Eladio de Jesús Chaverra Rodríguez.
22. (19) Luis Carlos Muñoz (7 March 1997).
23. (20) Nazareno de Jesús Rivera García (12 March 1997).
24. (21) Héctor Gómez (22 March 1997).
25. (22) Gilberto Casas Arboleda.
26. (23) Norberto Casas Arboleda.
27. (24) Alcides de Jesús Palacios Arboleda.
28. (25) Argiro de Jesús Betancur Espinosa (11 February 1997).
29. (26) Bernardo Orrego Orrego (6 March 1997).
30. (27) José Isidoro Leyton (25 March 1997).
31. (28) Magaly Peñaranda (27 July 1997).
32. (29) David Quintero Uribe (4 August 1997).
33. (30) Eduardo Enrique Ramos Montiel (14 July 1997).
34. (31) Libardo Cuéllar Navia (23 July 1997).
35. (32) Wenceslao Varela Torrecilla (29 July 1997).
36. (33) Abraham Figueroa Bolaños (25 July 1997).
37. (34) Edgar Camacho Bolaños (25 July 1997).
38. (35) Aurelio Arbeláez (4 March 1997).
39. (36) Guillermo Asprilla (23 July 1997).
40. (37) Félix Avilés Arroyo (1 December 1997).
41. (38) Juan Camacho Herrera (25 April 1997).
42. (39) Luis Orlando Cama o Galvis (20 July 1997).
43. (40) Hernando Cuadros (1994).
44. (41) Freddy Francisco Fuentes Paternina (18 July 1997).
45. (42) Néstor Eduardo Galindo (6 March 1997).
46. (43) Víctor Julio Garzón (7 March 1997).
47. (44) Isidro Segundo Gil Gil (9 December 1996).
48. (45) José Silvio Gómez (1 April 1996).
49. (46) Enoc Mendoza Riasco (7 April 1997).
50. (47) Carlos Arturo Moreno (7 June 1995).
51. (48) Luis Orlando Quiceno López (16 July 1997).
52. (49) Nazareno de Jesús Rivera (12 March 1997).
53. (50) Arnold Enrique Sánchez Maza (13 July 1997).
54. (51) Camilo Suárez Ariza (21 July 1997).
55. (52) Mauricio Tapias Llerena (21 July 1997).
56. (53) Atilio José Vásquez (July 1997).
57. (54) Luis Abel Villa León (21 July 1997).
58. (55) Odulfo Zambrano López (27 October 1997).
59. (56) Alvaro José Taborda Alvarez (8 January 1997).
60. (Noted in the allegations as a case of disappearance)
61. Disappearances
62. (1) Ramón Osorio (15 April 1997).
63. (2) Pedro Acosta Uparela (28 December 1996).
64. (3) Rodrigo Rodríguez Sierra (16 February 1995).
65. Death threats
66. (1) Jairo Alfonso Gamboa López.
67. (2) Aguirre Restrepo Oscar.
68. (3) Arango Alvaro Alberto.
69. (4) Barrio Castaño Horacio.
70. (5) Cadavid Martha Cecilia.
71. (6) Franco Jorge Humberto.
72. (7) Giraldo Héctor de Jesús.
73. (8) Gutiérrez Jairo Humberto.
74. (9) Jaramillo Carlos Hugo.
75. (10) Jaramillo Galeano José Luis.
76. (11) Ramos Zapata Rangel.
77. (12) Restrepo Luis Norberto.
78. (13) Jorge Sliecer Marín Trujillo.
79. (14) Víctor Ramirez.
80. Detentions
81. (1) Edgar Riaño.
82. (2) Marcelino Buitrago.
83. (3) Felipe Mendoza.
84. (4) Monarje Sánchez.
85. (5) Guillermo Cárdenas.
86. (6) Rafael Estupiñán.
87. (7) Hernán Vallejo.
88. (8) Luis Rodrigo Carreño.
89. (9) Leonardo Mosquera.
90. (10) Fabio Liévano.
91. (11) César Carrillo.
92. Annex II
93. Allegations pending or submitted during 1998 on which the Government has not
94. yet communicated its observations
95. Murders
96. (1) Manuel Francisco Giraldo, member of the Executive Committee of
97. SINTRAINAGRO, on 22 March 1995.
98. (2) Twenty-three workers belonging to SINTRAINAGRO, on 29 August 1995.
99. (3) Twenty-four workers of the Rancho Amelia banana farm, members of
100. SINTRAINAGRO, on 20 September 1995.
101. (4) Alvaro David, member of the workers' committee of the "Los Planes" farm,
102. member of SINTRAINAGRO, on 22 March 1996.
103. (5) Sabas Domingo Zocadegui Paredes, trade union official, on 3 June 1997, in
104. the city of Aravca.
105. (6) Eduardo Ramos, trade union leader on the "El Chispero" farm, Apartadó,
106. Uraba, Antioquia, on 14 July 1997.
107. (7) Arley Escobar, president of the Cali branch of the National Penitentiary
108. and Prison Institute (INPEC), on 18 July 1997.
109. (8) José Giraldo, secretary of SINDICONS, murdered in Medellín, on 26 November
110. 1997.
111. (9) Elkin Clavijo, leader of the workers' union of the Porce II Hydroelectric
112. Project, murdered in the municipality of Amalfi, Antioquia, on 30 November
113. 1997.
114. (10) Alfonso Niño, leader of the union of workers of the Porce II
115. Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on
116. 30 November 1997.
117. (11) Luis Emilio Puerta, leader of the trade union of workers of the Porce II
118. Hydroelectric Project, on 22 December 1997.
119. (12) José Vicente Rincón, member of the Trade Union of Colombian Fertilizer
120. Workers (SINTRAFERCOL), in Barrancabermeja, on 7 January 1998.
121. (13) Arcángel Rubio Ramírez Giraldo, member of SINTELECOM, murdered in the
122. municipality of Venecia, Cundinamarca, on 8 January 1998.
123. (14) Fabio Humberto Burbano Córdova, president of the Trade Union Association
124. of Employees of the National Penitentiary and Prison Institute, Cali section,
125. murdered in Santander de Quilichao (Cauca), on 12 January 1998.
126. (15) Osfanol Torres Cárdenas, member of the Trade Union of Public Enterprise
127. Workers of Medellín, murdered in Medellín, on 31 January 1998.
128. (16) Fernando Triana, member of the Executive Sub-committee of the National
129. Federation of Government Employees, Medellín branch, murdered in Medellín, on
130. 21 January, 1998.
131. (17) Francisco Hurtado Cabezas, member of the Trade Union Federation of
132. Agricultural Workers of Colombia (FESTRACOL), on 12 February 1998, in the town
133. of Tumaco, department of Nariño.
134. (18) Jorge Boada Palencia, leader of the Association of the National
135. Penitentiary Institute (ASOINPEC), Bogotá, on 18 April 1998.
136. (19) Dr. José Eduardo Umaña Mendoza, defence attorney for leaders and members
137. of the Workers' Trade Union (USO), murdered in Bogotá on 18 April 1998.
138. (20) Jorge Duarte Chávez, member of USO, murdered in Barrancabermeja, 9 May
139. 1998.
140. (21) Carlos Rodríguez Márquez, member of USO, murdered in Barranquilla on 10
141. May 1998.
142. (22) Misael Díaz Urzola, member of the Executive Committee of the National
143. Federation of University Professors, murdered in Montería on 26 May 1998.
144. Disappearances
145. (1) Jairo Navarro, trade union member (6 June 1995).
146. (2) José Ricardo Sáenz, member of FECODE (24 July 1996).
147. (3) Misael Pinzón Granados, trade union member (12 July 1997).
148. (4) Emiliano Jiménez, member of USO (27 October 1997).
149. (5) Amadeo Jalave Díaz, member of USO (27 October 1997).
150. (6) Jhoni Cusillo, union leader of ECOPETROL (27 October 1997).
151. (7) Ulpiano Carvajal, union leader of ECOPETROL (27 October 1997).
152. (8) Rami Vaca, union leader of ECOPETROL (27 October 1997).
153. (9) Alexander Cardona, member of the regional bureau of USO (14 July 1998).
154. (10) Mario Jiménez, member of the executive subcommittee of CASOBE (27 July
155. 1998).
156. Detention of trade union officials and members
157. (1) Luis David Rodríguez Pérez, former official of the National Trade Union of
158. Workers of Incora -- SINTRADIN.
159. (2) Elder Fernández, member of ECOPETROL, in December 1996.
160. (3) Gustavo Minorta, member of ECOPETROL, in December 1996.
161. Raids on union headquarters, telephone tapping, surveillance of trade union
162. members
163. (1) A raid on the headquarters of the Single Agricultural Trade Union
164. Federation (FENSUAGRO), and tapping of telephones in the union headquarters
165. and in members' homes and surveillance of the President of the Federation,
166. Luis Carlos Acero, by armed persons.
167. (2) On 6 February 1998, at 12.45 p.m., 15 individuals armed with military
168. weapons entered the headquarters of the CUT-Atlántico executive subcommittee
169. premises, located in the centre of Barranquilla, broke into the office and
170. held a revolver to Mrs. Lydis Jaraba, member of the current National Executive
171. Committee and of the CUT-Atlántico executive subcommittee. The individuals in
172. question, who carried no identification or search warrant, searched every
173. office before leaving.
174. Physical aggression and police repression
175. (1) Police repression against workers from the state enterprises in Cartagena
176. during a peaceful demonstration, on 29 June 1995.
177. (2) Police repression against workers from the Empresas de Acueductos y
178. Teléfonos and organized peasants from Tolima who were holding a protest
179. meeting on 14 August 1995. The repression resulted in the death of Fernando
180. Lombana, member of the Association of Small and Medium-Size Holdings in Tolima
181. (ASOPEMA), the serious injury of three other persons and several arrests
182. (trade union members belonging to the organizations taking part in the
183. protest).
184. (3) The police assaulted, and injured, the following trade union members:
185. Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguizamon,
186. who were taking part in a public information day on 6 January 1997, organized
187. by the National Traffic Police Association (ANDAT).
188. Attempted murders
189. (1) Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez, trade union
190. members.
191. (2) Gilberto Correño, leader of the Workers' Trade Union (USO), 7 December
192. 1996.
193. (3) César Blanco Moreno, president of USO executive subcommittee, 11 May 1998.
194. Death threats
195. (1) Bertina Calderón (vice-president of CUT).
196. (2) Daniel Rico (president of the Federation of Oil Workers -- FEDEPETROL).
197. (3) The members of the Executive Committee of the Single Agricultural Trade
198. Union Federation (FENSUAGRO).
199. (4) Francisco Ramírez Cuéllar (president of the Trade Union of the Mineralco
200. S.A. Enterprise Workers).
201. (5) Pedro Barón (president of the Tolima branch of the Single Confederation of
202. Workers -- CUT), by several members of the security forces after taking part
203. in a protest strike on 19 July 1995.
204. (6) Members of the Executive Committee of the Union of Titán S.A. Workers, in
205. the municipality of Yumbo, received death threats from a paramilitary group
206. called "Colombia without guerrillas" (COLSINGUE), 26 October 1995 and 17 May
207. 1996.
208. (7) Members of the executive board of the South Bolívar Agromining Association
209. (Justo Pastor Quiroz, secretary, Roque León Salgado, treasurer, and Bersaly
210. Hurtado, attorney).
211. (8) The national executive committee of the Single Confederation of Workers of
212. Colombia (CUT), Luis Eduardo Garzón, president; Jesús Antonio González Luna,
213. director of the human rights department and Domingo Rafael Tovar Arrieta,
214. director of the organization department.
215. (9) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry
216. Ocampo, Sergio Díaz and Fernando Cardona.
217. (10) Jairo Antonio Cardona Mejía, president of the Union of Workers of
218. Municipality of Cartago. Other officials who have been threatened are: Albeiro
219. Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto
220. Patiño, adviser.
221. (11) On 27 March 1998, María Clara Vaquero Sarmiento, president of the Trade
222. Union Association of Civil Servants of the Ministry of Defence, Armed Forces,
223. National Police and related bodies (ASODEFENSA).
224. Annex III
225. Recent information of the Government concerning the allegations
226. A. Murders
227. I. Cases in which the guilty parties have been identified, tried and convicted
228. -- Twenty-four workers of the Rancho Amelia banana farm in Turbo (Urabá),
229. members of SINTRAINAGRO, were murdered on 20 September 1995. Responsibility
230. for this massacre is attributed to the FARC guerrilla group. Inquiries have
231. revealed that the guerrilla group attacked these inhabitants on account of
232. their sympathies for the Esperanza, Paz y Libertad (Hope, Peace and Freedom)
233. movement founded by guerrillas belonging to the Popular Liberation Army (EPL).
234. The former mayor of Apartadó, Nelson Campos Núñez, and two SINTRAINAGRO
235. officials, Gustavo Arcia and Daró Charcí, who were active members of the
236. Communist Party and of the partriotic union, were implicated in the execution
237. of the massacre, for which they have been tried and convicted.
238. -- José Isidoro Leyton Molina (22 March 1997), CGTD branch president, murdered
239. in Ibagué, Tolima. According to information provided by the local
240. Administrative Security Department (DAS) Tolima, José Isidoro Leyton Molina
241. was murdered by two men and one woman who subsequently fled. Two suspects were
242. subsequently captured, one of whom was released for lack of evidence following
243. the judicial inquiry, while the other remains in prison. Warrants have been
244. issued for the arrest of two other individuals on charges of murder, and
245. inquiries are under way with a view to their arrest.
246. -- Bernardo Orrego Orrego, member of the Association of Vendors, Medellín,
247. Antioquia, was killed by the police on 6 March 1997. The report of the
248. national police states that during a police action to remove unlicensed street
249. vendors from the metro viaduct, the deceased threatened police member Freddy
250. Mosquera Mosquera with a sharp weapon; the policeman responded by using his
251. firearm, causing the death of Bernardo Orrego Orrego. Consequently, the
252. policeman was suspended and criminal proceedings were brought against him on a
253. charge of murder; no verdict has yet been reached.
254. -- Juan Camacho Herrera, member of a trade union in the mining sector,
255. murdered in Río Viejo, Bolívar on 25 April 1997. The investigation is being
256. carried out by the national human rights unit of the Office of the
257. Procurator-General of the Nation. The investigation is currently in the
258. pre-trial stage and warrants have been issued for the arrest of two suspects.
259. The motives of the crime are stated to be "murder for terrorist ends".
260. -- José Eduardo Umaña Mendoza (six persons area being held in pre-trial
261. detention, charged with murder).
262. II. Cases in which additional information is available, although the
263. perpetrators have not been identified and brought to trial
264. -- Manuel del Cristo Ballesta, SINTRAINAGRO activist from Chigorodó,
265. Antioquia, murdered 13 August 1995. The murderers are believed to be members
266. of a paramilitary group (in all, 18 persons were shot at point-blank range).
267. -- Camilo Eliécer Suárez Ariza, FENSUAGRO attorney, was murdered in the
268. municipality of Ciénaga on 21 July 1997, apparently by persons believed to
269. belong to a paramilitary group. According to information forwarded by the
270. Magdalena branch of DAS, on 18 July 1997, in the municipality of Ciénaga,
271. Camilo Suárez Ariza and Mauricio Tapias Llerena were kidnapped from the
272. SINTRAINAGRO union headquarters by approximately ten individuals bearing
273. short- and long-range weapons. On 22 July 1997, their bodies were found.
274. -- Mauricio Tapias Llerena, secretary-general of FENSUAGRO, was murdered on 21
275. July 1997 in the municipality of Ciénaga, apparently by paramilitary groups.
276. Information provided by DAS states that armed men entered the headquarters of
277. the Ciénaga branch of SINTRAINAGRO on 18 July 1997 and beat him until he
278. became unconscious, after which he was taken to a car and tortured. His body
279. was found on 22 July.
280. -- Libardo Cuéllar Navia, member of FECODE, was murdered on 23 July 1997 in
281. the municipality of El Agrado, Huila. According to information forwarded by
282. DAS, it has been ascertained that on the date in question, in the morgue of
283. Barzón hospital, the Procurator's Office examined the body of Cuéllar Navia
284. who had been attacked by unknown individuals who subsequently stole the
285. motorcycle on which he was riding. The body bore a round wound on the right
286. side of the neck.
287. -- Enoc Mendoza Riasco, member of FECODE, murdered in the municipality of
288. Ciénaga on 4 July 1997. The inquiry carried out by the competent Procurator's
289. Office has revealed that the murder may have been committed by subversives who
290. engage in crime in the district of San Pedro de la Sierra, in the jurisdiction
291. of the municipality of Ciénaga, with whom the deceased had differences.
292. III. Cases in which the investigation being conducted by the competent
293. Procurator's Office is at the preliminary stage and the guilty parties have
294. not been identified and tried
295. -- Antonio Moreno Asprilla, murdered 12 August 1995 by persons presumed to
296. belong to a paramilitary group, in the municipality of Chigorodó.
297. -- Carlos Antonio Arroyo de Arco, member of SINTRAMADARIEN, Urabá, murdered 5
298. February 1996.
299. -- Francisco Antonio Usuga, member of SINTRAINAGRO, Carepa, Antioquia,
300. believed to have been murdered by popular commando groups on 23 February 1996.
301. -- Pedro Luis Bermúdez Jaramill, head of the farm workers' committee, Carepa,
302. Antioquia, murdered on 6 June 1995.
303. -- William Gustavo Jaimes Torres, president of the National Association of
304. Peasant Users (ANUC) murdered on 28 August 1995.
305. -- Jaime Eliécer Ojeda, president of SINTRAMINOBRAS, Ocaña, Norte de
306. Santander. Murdered by hired assassins on 23 May 1994. He had previously
307. received threats and was on a blacklist together with a further 60 persons.
308. -- Alfonso Noguera Cano, president of SINTRAMUNICIPIO, Ocaña, Norte de
309. Santander, murdered 4 November 1994.
310. -- Alvaro Hoyos Pabón (12 December 1995), member of SINTRATITAN, Yumbo, Valle,
311. had previously received threats and is believed to have been murdered by
312. members of a paramilitary group.
313. -- Néstor Eduardo Galíndez Rodríguez, chairman of the executive subcommittee
314. of ANTHOC, Yumbo, Valle, murdered 3 July 1997.
315. -- Erieleth Barón Daza, murdered 3 May 1997.
316. -- Jhon Freddy Arboleda Aguirre, member of SINTRAGRICOLAS, Maceo, Antioquia,
317. murdered 3 July 1997.
318. -- William Alonso Suárez Gil, member of SINTRAGRICOLAS, Maceo, Antioquia,
319. murdered 3 July 1997.
320. -- Eladio de Jesús Chaverra Rodríguez, member of SINTRAGRICOLAS, Maceo,
321. Antioquia, murdered 3 July 1997.
322. -- Luis Carlos Muñoz, leader of SINTRAMUNICIPIO, Segovia, Antioquia, murdered
323. 3 July 1997.
324. -- Nazareno de Jesús Rivera García, member of SINTRAFRONMINES, Amagá,
325. Antioquia, murdered 3 December 1997.
326. -- Héctor Gómez, murdered in the central park of Remedios, Antioquia, 22 March
327. 1997.
328. -- Gilberto Casas Arboleda, member of SINTRAINAGRO, Apartadó, Urabá, murdered
329. 11 February 1997. The suspects are believed to be members of a paramilitary
330. group.
331. -- Norberto Casas Arboleda, member of SINTRAGRICOLAS, Apartadó, Urabá,
332. murdered 11 February 1997. The suspects are believed to be members of a
333. paramilitary group.
334. -- Alcides de Jesús Palacios Casas, member of SINTRAGRICOLAS, Apartadó, Urabá,
335. murdered 11 February 1997. The suspects are believed to be members of a
336. paramilitary group.
337. -- Eduardo Enrique Ramos Montie, member of SINTRAINAGRO, murdered 14 July 1997
338. in Apartadó, Urabá.
339. -- Wenceslao Varela Torrecillas, member of SUDEB (FECODE), murdered 29 July
340. 1997 in El Peón, Bolívar.
341. -- Abraham Figueroa Bolaños, member of FECODE, murdered 25 July 1997 in the
342. municipality of Milán, Caquetá. Worked in an indigenous community.
343. -- Edgar Camacho Bolaños, member of ADIH (FECODE), murdered 25 July 1997 in
344. the municipality of Milán, Caquetá. Worked in an indigenous community.
345. -- Félix Antonio Avilés Arroyo, member of ADEMACOR (FECODE), murdered 1
346. December 1997 in Ciénaga de Oro, Córdova. His murderers accuse him of being
347. one of those responsible for the terrorist attacks on the premises of
348. Funpazcor and Ganacor.
349. -- Hernando Cuadros Mendoza, president of the Tibú branch of the oil industry
350. Workers' Trade Union (USO), murdered in 1994 in Tibú by persons believed to
351. belong to a paramilitary group.
352. -- Freddy Francisco Fuentes Paternina, union official of ADEMACOR (FECODE),
353. murdered 18 July 1997 in Montería, Córdova. The suspects are believed to be
354. members of a paramilitary group.
355. -- Néstor Eduardo Galindo, president of the ANTHOC executive subcommittee,
356. murdered 6 March 1997 in Yumbo, Valle.
357. -- Víctor Julio Garzón, secretary-general of FENSUAGRO, murdered 7 March 1997
358. in Santafé de Bogotá. The perpetrators are believed to be hired assassins.
359. -- Isidro Segundo Gil Gil, secretary-general of SINTRAINAL, murdered 9
360. December 1996 at his workplace.
361. -- José Silvio Gómez, coordinator of SINTRAINAGRO, Carepa, Antioquia, murdered
362. 1 April 1996 by persons believed to belong to a paramilitary group.
363. -- Luis Orlando Quiceno López, member of SUTIMAC, murdered 16 July 1997 in
364. Fredonia, Antioquia.
365. -- Nazareno de Jesús Rivera, member of SINTRAFRONTMINES of Amagá, Antioquia,
366. murdered 12 March 1997.
367. -- Arnol Enrique Sánchez Maza, member of the Córdova Teachers' Union (FECODE),
368. murdered 13 July 1997 in Montería. According to FECODE and CINEP, he was
369. kidnapped by members of a paramilitary group and held for ten days; his body
370. was subsequently found in the Sinú river.
371. -- Odulfo Zambrano López, president of the local branch of SINTRAELECOL,
372. murdered 27 October 1997 in Barranquilla by hired assassins.
373. -- Francisco Mosquera Córdoba, member of SINTRAMADARIEN, Urabá, murdered 5
374. February 1996.
375. -- Armando Humanes Petro, member of FECODE, Montería, Córdoba, murdered 23 May
376. 1996.
377. -- Atilio José Vásquez Suárez, member of FECODE, murdered 28 July 1997 in the
378. municipality of San Juan de Nepomuceno, Bolívar.
379. -- Sabas Domingo Socadegui Paredes, trade union official murdered on 3 June
380. 1997 in Saravena, Arauca.
381. -- Eduardo Enrique Ramos Montiel, member of SINTRAINAGRO, murdered in
382. Apartadó, Urabá, "El Chispero" farm on 14 July 1997.
383. -- Jesús Arley Escobar Posada, president of the local branch of ASEINPEC,
384. murdered by persons believed to be hired assassins in Cali on 18 July 1997.
385. -- José Raúl Giraldo Hernández, secretary of SINDICONS, murdered in Medellín
386. on 25 November 1997 by persons believed to be members of a paramilitary group.
387. -- Elkin Clavijo, president of the workers' union of the Porce II
388. Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia on 30
389. November 1997.
390. -- Alfonso Niño, treasurer of the union of workers of the Porce II
391. Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on
392. 30 November 1997 by persons believed to belong to the National Liberation Army
393. (ELN).
394. -- Luis Emilio Puerta Orrego, leader of the trade union of workers of the
395. Porce II Hydroelectric Project, murdered on 22 November 1997 by persons
396. believed to belong to the National Liberation Army (ELN).
397. -- José Vicente Rincón, member of SINTRAFERCOL, murdered in Barrancabermeja on
398. 7 January 1998 by persons believed to belong to a paramilitary group.
399. -- Arcángel Rubio Ramírez Giraldo, member of SINTELECOM, murdered in the
400. municipality of Venecia, Cundinamarca, on 8 January 1998.
401. -- Fabio Humberto Burbano Córdoba, president of Cali branch of the trade union
402. association of employees of the National Penitentiary and Prison Institute,
403. murdered in Santander de Quilichao (Cauca) on 12 January 1998 by persons
404. believed to belong to a paramilitary group.
405. -- Osfanol Torres Cárdenas, member of the Trade Union of Public Enterprise
406. Workers of Medellín, murdered in Medellín on 31 January 1998 by persons
407. believed to belong to a paramilitary group.
408. -- Fernando Triana, member of the executive subcommittee of the Medellín
409. branch of the National Federation of Government Workers, murdered in Medellín
410. on 21 January 1998, by persons believed to belong to a paramilitary group.
411. -- Franciso Hurtado Cabezas, member of the Trade Union Federation of
412. Agricultural Workers of Colombia (FESTRACOL), murdered on 12 February 1998, in
413. the town of Tumaco, department of Nariño.
414. -- Jorge Boada Palencia, leader of the Association of the National
415. Penitentiary Institute (ASOINPEC), murdered in Bogotá on 18 April 1998.
416. -- Jorge Duarte Chávez, member of USO, murdered in Barrancabermeja, 9 May
417. 1998.
418. -- Carlos Rodríguez Márquez, member of USO, murdered in Barranquilla on 10 May
419. 1998.
420. -- Misael Díaz Ursola, member of the executive committee of the National
421. Federation of University Workers, murdered in Montería on 26 May 1998.
422. IV. Cases in which the competent Prosecutor's Office ordered the closure of
423. the investigation
424. -- Ernesto Emilio Fernández Pezter, leader of ADUCESAR, murdered 20 November
425. 1995 in the municipality of Pailitas, César, by persons believed to be hired
426. assassins.
427. -- Libardo Antonio Acevedo, president of FESTRALVA (CTC), Tuluá, Valle,
428. murdered 7 July 1996.
429. -- Magaly Peñaranda, member of SINTRAMUNICIPIO, Ocaña, Santander, murdered 27
430. July 1997.
431. -- David Quintero Uribe, president of SINTRACUACESAR, Aguachica, Cesar,
432. murdered 7 August 1997.
433. -- Aurelio Arbeláez, member of SINTRAFRONMINES, Segovia, Antioquia, murdered 4
434. March 1997.
435. -- José Guillermo Asprilla Torres, member of SINTRAINAGRO, Apartadó, murdered
436. 23 July 1997.
437. -- Carlos Arturo Moreno López, head of the farm workers' committee, murdered 7
438. July 1995 in Apartadó, Urabá, apparently by members of a commando group.
439. -- Luis Abel Villa León, member of SINTRAMINEROS of Antioquia, murdered 21
440. July 1997 in Amagá, Antioquia.
441. V. Cases in which it is not known whether an investigation is being carried
442. out
443. -- Manuel Francisco Giraldo, secretary of the SINTRAINAGRO executive
444. subcommittee of Apartadó, Urabá, murdered by members of a paramilitary group
445. on 22 March 1995.
446. -- Twenty-three workers on the "Osaka" farm, Carepa, Urabá, belonging to
447. SINTRAINAGRO, murdered on 29 August 1995. Front V of the FARC guerrilla group
448. has claimed responsibility.
449. -- Alvaro David, member of the workers' committee of the "Los Planes" farm,
450. member of SINTRAINAGRO, murdered on 22 March 1996. The FARC is stated to be
451. responsible for this crime, since the victim was an active member of the
452. "Esperanza, Paz y Libertad" movement.
453. VI. Cases which according to the Government concern persons who were murdered
454. for non-union motives or who were not union members
455. -- Argiro de Jesús Betancur Espinosa, member of SINTRAGRICOLAS, Apartadó,
456. Urabá, murdered 11 February 1997 by persons believed to belong to a
457. paramilitary group. He was involved in a case brought by the Terrorism Unit of
458. the Procurator's Office for rebellion in which he was charged with "active
459. participation in subversion". Pre-trial proceedings were opened on 5 October
460. 1998.
461. -- Alvaro José Taborda Alvarez, member of ADEMACOR, murdered in Montería,
462. Córdova, on 8 January 1997. Pre-trial proceedings are being conducted by the
463. corresponding Prosecutor's Office. Inquiries have revealed that Mr. Taborda
464. Alverez, who had rejoined the Popular Liberation Army (EPL), was taken from
465. his home by persons believed to belong to a paramilitary group, on an
466. accusation of having taken part in dynamite attacks on the Córdova cattle
467. station. One person is subject to control measures in connection with this
468. crime.
469. -- Luis Orlando Camacho Galvis was murdered in Aguachica, Cesar, on 20 July
470. 1997. The inquiry that is being conducted by the Procurator's Office has
471. revealed that the deceased was the secretary for community development in the
472. town council of Río Viejo, Bolívar, from which it may be deduced that he had
473. no connection with the trade union movement.
474. -- José Eduardo Umaña Mendoza, jurist, murdered in Bogotá on 18 April 1998.
475. The investigation by the Procurator's Office is at the pre-trial stage; six
476. persons are being held in pre-trial detention in this connection. It should be
477. noted that Dr. Umaña Mendoza was not a trade union member but acted as defence
478. attorney for members of USO who were being held on charges that were not
479. related with trade union activity.
480. B. Disappearances
481. I. Cases in which the kidnapped persons have been released
482. -- Pedro Fernando Acosta Uparela, member of ADES (FECODE), was kidnapped
483. together with his godson Hugo Hernán on 28 December 1996 from the Las Malvinas
484. farm in the municipality of Galeras. According to information obtained by DAS,
485. it was ascertained that they were kidnapped by a group of armed men who were
486. subsequently identified as belonging to the ELN. On 25 January 1997 Mr. Acosta
487. Uparela was released. Four months later, in May 1997, the minor was returned.
488. Currently, he lives with his family in the municipality of Galeras.
489. -- José Ricardo Sáenz, member of FECODE, was kidnapped on 24 July 1996 by
490. persons believed to belong to a paramilitary group. According to information
491. provided by DAS, he was released in mid-1997 together with another three
492. individuals who had also been held.
493. -- Emiliano Jiménez and Amadeo Jalave Díaz, members of USO, Jhony Cubillo and
494. Ulpiano Carvajal, union leaders of ECOPETROL, were kidnapped on 27 October
495. 1997, in the municipality of Aguachica (Cesar), by subversives belonging to
496. the Camilo Torres Restrepo Front of the ELN. Inquiries by DAS and the National
497. Army have revealed that they were released in the same area three days later
498. (30 October 1997).
499. II. Cases which are at the preliminary stage of investigation by the
500. Procurator's Office
501. -- Ramón Alberto Osorio Beltrán, education secretary of FENSUAGRO, was
502. kidnapped in Medellín on 15 April 1997. The investigation by the Procurator's
503. Office is at the preliminary stage. Osorio Beltrán was kidnapped together with
504. his son who subsequently appeared at a police station.
505. -- Alexander Cardona, member of the regional bureau of USO, kidnapped on 14
506. July 1998.
507. -- Mario Jiménez, member of the executive subcommittee of CASOBE, kidnapped on
508. 27 July 1998.
509. III. Cases in which it is not known whether an investigation is being
510. conducted to identify the guilty parties and bring them to trial
511. -- Rodrigo Rodríguez Sierra, branch president of SINTRAPROACEITES,
512. Barranquilla, Atlántico, disappeared in the municipality of El Copey on 16
513. February 1995. The preliminary investigation was carried out by the competent
514. Attorney-General's Office for human rights. The case was closed on 25 February
515. 1997 because the act had not been committed by the person charged.
516. -- Rami Vaca, union leader of ECOPETROL, disappeared on 27 October 1997. The
517. identity of the kidnappers is unknown.
518. -- Jairo Navarro, trade union member of the workers' committee in Carepa,
519. Antioquia, disappeared on 6 June 1995. According to the human rights NGO
520. "Nunca Más", Mr. Navarro was taken by members of a paramilitary group from his
521. workplace on the "La Playa" farm in the banana growing area.
522. -- Misael Pinzón Granados, member of SINTRAINAGRO, kidnapped by persons
523. believed to be members of a paramilitary group in the municipality of Puerto
524. Wilches, Santander, on 7 December 1997. According to information forwarded by
525. DAS, it has been ascertained that a habeas corpus application was made to the
526. court by the wife of the person in question. The case was closed for lack of
527. sufficient evidence to initiate the proceeding requested.
528. C. Death threats
529. I. Cases of persons who have been threatened and provided with police
530. protection
531. -- Oscar Aguirre Restrepo, Alberto Arango Alvaro, Horacio Berrio Castaño,
532. Martha Cecilia Cadavid, Franco Jorge Humberto, Giraldo Héctor de Jesús,
533. Gutiérrez Jairo Humberto and José Rangel Ramos Zapata, who belong to the Union
534. of Employees of the Department of Antioquia.
535. -- Carlos Hugo Jaramillo, José Luis Jaramillo Galeano and Luis Norberto
536. Restrepo, union officials of SINTRADEPARTAMENTO, Antioquia.
537. -- Bertina Calderón, vice-president of CUT and other CUT officials.
538. -- The members of the executive committee of the Single Agricultural Trade
539. Union Federation (FENSUAGRO).
540. -- Pedro Barón, president of the Tolima branch of CUT, was threatened by
541. several members of the security forces after taking part in a protest strike
542. on 19 July 1995.
543. -- Members of the executive committee of the Union of Titán S.A. Workers, in
544. the municipality of Yumbo, received death threats from a paramilitary group
545. called "Colombia without guerrillas" (COLSINGUE), 26 October 1995 and 17 May
546. 1996.
547. -- The national executive committee of CUT, Luis Eduardo Garzón, president;
548. Jesús Antonio González Luna, director of the human rights department and
549. Domingo Rafael Tovar Arrieta, director of the organization department.
550. -- Jairo Antonio Cardona Mejía, president of the Union of Workers of the
551. Municipality of Cartago, together with other officials (Albeiro Forero,
552. Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño).
553. -- Ms. María Clara Vaquero Sarmiento, president of ASODEFENSA, was threatened
554. on 27 March 1998.
555. II. The National Attorney-General's Office has provided the following
556. information on seven cases of threats
557. -- Jairo Alfonso Gamboa López, secretary of the trade union of the Curtiembres
558. Titán SA companies; according to the inquiries carried out by the metropolitan
559. police of Santiago de Cali and on the basis of a risk analysis of the
560. corresponding threats, it was concluded that written and telephone threats had
561. been received over a period of eight months from a group calling itself
562. Colombia Sin Guerrilla -- CONSINGUER (Colombia without Guerrillas). A further
563. conclusion reached by the risk study was that the person receiving the threats
564. did not desire the protection of the police but instead wished the police to
565. help him obtain weapons.
566. -- Jorge Sliecer Marín Trujillo, secretary of SINDICONS, Medellín, received
567. threats on 26 November 1997, supposedly from members of the national police.
568. According to the inquiry conducted by the Attorney-General's Office for the
569. national police, the case was closed on 18 September 1998 for lack of grounds.
570. -- Víctor Ramirez, president of SINTRASON. The investigation, which is being
571. conducted by the Second District Attorney-General's Office of Santafé de
572. Bogotá, is at the preliminary stage.
573. -- Daniel Rico, president of the Federation of Oil Workers -- FEDEPETROL. The
574. National Attorney-General's Office states that the authors of the threats are
575. believed to be members of the national police.
576. -- Francisco Ramírez Cuéller, president of the Trade Union of the Mineralco
577. S.A. Enterprise Workers. The National Attorney-General's Office states that
578. the case was closed on 16 December 1993 for lack of evidence.
579. -- Members of the executive committee of the South Bolívar Agromining
580. Association, Justo Pastor Quiroz, secretary; Roque León Salgado, treasurer and
581. Bersaly Hurtado, attorney. No information is held regarding the request
582. submitted to the authorities. However, the case will be studied by the
583. Ministry of the Interior's Risk Committee.
584. -- Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry
585. Ocampo, Sergio Díaz and Fernando Cardona. Nothing is known of the individual
586. requests made by these persons to the authorities. However, the situation will
587. be examined and assessed.
588. D. Detention of trade union officials and trade union members
589. The following persons are accused of rebellion, terrorism and conspiracy to
590. commit crime
591. -- Felipe Mendoza, Monerje Sánchez, Guillermo Cárdenas, Hernán Vallejo,
592. Leonardo Mosquera and Fabio Liévano, members of USO-Tibú, north Santander, who
593. were arrested on 12 May 1996 in Casa Fiscal La Picota.
594. -- Edgar Riaño Rojas, member of USO-Neiva, was arrested on 12 June 1996 in
595. Casa Fiscal La Picota.
596. -- Marcelino Buitrago, member of USO-Tibú, north Santander, arrested on 12
597. August 1996, in Casa Fiscal La Picota. He was accused of rebellion, terrorism
598. and criminal conspiracy.
599. -- Rafael Estupiñan, member of USO-Tibú, north Santander, arrested on 1
600. December 1996.
601. -- César Carrillo, treasurer of USO-Nacional was arrested on 12 June 1996, on
602. charges of rebellion, terrorism and conspiracy to commit crime. He was
603. released on 15 May 1998.
604. The investigation continues in the following three cases:
605. -- Luis Rodrigo Carreño. Information is expected during the coming days from
606. the Procurator's Office and other state bodies from which it has been
607. requested.
608. -- Luis David Rodríguez Pérez, former official of the National Union of
609. Workers of Incora -- SINTRADIN. No information has been obtained regarding
610. this case, most probably because he was merely taken in for questioning or
611. arrested for a short time. However, inquiries are continuing.
612. -- Elder Fernández and Gustavo Minorta, members of ECOPETROL, arrested in
613. December 1996. It would appear that they were held briefly, but inquiries into
614. the case are continuing.
615. E. Raids on unions headquarters, telephone tapping, surveillance of trade
616. unionists
617. -- A raid on the headquarters of the Single Agricultural Trade Union
618. Federation (FENSUAGRO), and tapping of telephones in the union headquarters
619. and in members' homes and surveillance of the president of the Federation,
620. Luis Carlos Acero, by armed persons. No information has been discovered in
621. this connection; the situation may never have been reported to the Colombian
622. authorities for subsequent investigation.
623. -- On 6 February 1998, at 12.45 p.m., 15 individuals armed with military
624. weapons entered the headquarters of the CUT-Atlántico executive subcommittee
625. premises, located in the centre of Barranquilla, broke into the office and
626. held a revolver to Ms. Lydis Jaraba, member of the current National Executive
627. Committee and of the CUT-Atlántico executive subcommittee. The individuals in
628. question, who carried no identification or search warrant, searched every
629. office before leaving. The incident was not reported to the Colombian
630. authorities which would have given rise to a corresponding investigation.
631. F. Physical aggression and police repression
632. -- Police repression against workers of the state enterprises in Cartagena
633. during a peaceful demonstration, on 29 June 1995. The matter was not reported
634. to the Colombian authorities in order to proceed with the corresponding
635. investigation.
636. -- Police repression against workers from the Empresas de Acueductos y
637. Teléfonos and organized peasants from Tolima who were holding a protest
638. meeting on 14 August 1995 in Santafé de Bogotá. The repression resulted in the
639. death of Fernando Lambana, who was a member of the Association of Small and
640. Medium-Size Holdings in Tolima (ASOPEMA), the serious injury of three other
641. persons and several arrests (trade union members belonging to the
642. organizations taking part in the protest). The national police state that
643. police member Luis Eduardo Sanabria Cruz has been charged with the murder of
644. Mr. Fernando Lombana Martinez. The Metropolitan Police Judge Advocate's Office
645. 34 found the accused not guilty on 28 October 1998. The Supreme Military Court
646. is reviewing the case.
647. -- The police assaulted and injured the following trade union members: Héctor
648. Ernesto Moreno Castillo, Edgar Méndez Cuéllar, César Castaño, Luis Alejandro
649. Cruz Bernal and Martha Janeth Leguizamon, who were taking part in a public
650. information day on 6 January 1997, organized by the National Traffic Police
651. Association (ANDAT). The National Police states that cases are pending in the
652. military criminal courts only against Héctor Ernesto Moreno Castillo and Edgar
653. Méndez Cuéllar.
654. G. Attempted murder
655. -- Edgar Riaño, Darío Lotero, Luis Hernández and Monserge Sánchez, trade union
656. members. According to information provided by the Attorney-General's Office,
657. the Office of the Procurator for the armed forces carried out an
658. investigation. It was decided on 3 March 1993 to close the disciplinary
659. inquiry.
660. -- Gilberto Correño, leader of the Workers' Trade Union (USO), 7 December
661. 1996. The case is under investigation and information will be forwarded as
662. soon as it is received.
663. -- César Blanco Moreno, president of the USO executive subcommittee; the event
664. occurred on 11 May 1998. The case is under investigation and the information
665. will be forwarded.
666. Annex IV
667. Allegations of murder, physical aggression, death threats and detention of
668. trade union leaders and trade union members committed after the beginning of
669. the national strike of government workers on 7 October 1998
670. Murders: (1) Orfa Ligia Mejía, trade unionist, 7 October 1998, in the
671. municipality of Ipiales, department of Nari o; (2) Marcos Pérez González,
672. member of the Trade Union of Electricity Workers of Colombia (SINTRELECOL), 10
673. October 1998; (3) Jorge Ortega García, vice-president of CUT, 20 October 1998
674. (hours before he was murdered, Ortega García had submitted new allegations in
675. connection with this complaint); (4) Hortensia Alfaro Banderas, vice-president
676. of SIDESC, 24 October 1998, in the municipality of Manure, department of
677. César; (5) Macario Barrera Villota, member of the Huila Teachers' Association,
678. 25 October 1998, in Neiva, department of Huila; (6) Jairo Cruz, president of
679. the Trade Union of Proaceites Workers, 26 October 1998, in the municipality of
680. San Alberto, department of César.
681. Physical aggression and injuries: (1) 15 October 1998 in Barrancabermeja,
682. against Virgilio Ochoa, member of SINTRACUAEMPONAL; (2) 15 October 1998 in
683. Barrancabermeja, Ugeniano Sánchez, member of SINTRACUAEMPONAL, shot four times
684. in the head; (3) 16 October 1998, Benito Rueda Villamizar, president of
685. SINTRACUAEMPONAL; (4) Mario Vergara and Herberto López, trade union officials
686. of SITTELECOM, brutally beaten by members of the police; (5) 13 October 1998,
687. the police violently charged SITTELECOM workers, several of whom were injured;
688. (6) 20 October 1998, in the city of Bogotá, on Carrera 7 between Calle 24 and
689. 27, riot police assaulted workers who were beginning a peaceful march to Plaza
690. Bolívar, and 22 October 1998, the police assaulted demonstrators who had
691. gathered in Plaza Bolívar from all over the country.
692. Detentions: (1) 8 October 1998, José Ignacio Reyes, member of SINTELECOM; (2)
693. 16 October 1998, in the San Francisco district of Ciudad Bolívar, Orlando
694. Rivero and Sandra Parra.
695. Death threats: (1) All trade union officials of the Single National Commando
696. (composed of CUT, CGTD and CTC). Lastly, the premises of TELECOM, ECOPETROL,
697. Caja Agraria, ISS (Social Security Institute) and several health centres and
698. other institutions were militarized.