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Informe provisional - Informe núm. 330, Marzo 2003

Caso núm. 1787 (Colombia) - Fecha de presentación de la queja:: 28-JUN-94 - En seguimiento

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Allegations: The complainant organizations allege murders, abductions, assaults, death threats and other acts of violence against trade union officials and members. The complainant organizations also allege that the Government is not adopting the necessary measures to put an end to this serious situation of impunity.

  1. 468. The Committee last examined this case at its November 2002 meeting [see 329th Report, paras. 357-384]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in a communication dated 8 October 2002; the World Federation of Trade Unions in communications dated 3 and 9 September and 18, 27 and 28 November 2002; and the Single Confederation of Workers of Colombia (CUT), Antioquia Section Directorate, in a communication of 15 November 2002. In a recent communication of 3 February 2003, the ICFTU submitted new allegations. The Government sent its observations in a communication dated 15 January 2003.
  2. 469. 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

A. Previous examination of the case
  1. 470. At its November 2002 meeting, the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and acts of anti-union discrimination [see 329th Report, para. 384]:
    • (a) while noting that the violence affects all sectors of the population, the Committee expresses its deep concern once again at the situation of violence against trade union officials and members, and reiterates that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed;
    • (b) the Committee once again urges the Government to do everything in its power to achieve verifiable results in dismantling the paramilitary groups and other violent revolutionary groups;
    • (c) the Committee requests the Government to take measures to ensure that the investigations cover all the alleged acts of violence and to ensure that the investigations make significant progress with a view to punishing the guilty parties, and urges the Government to continue to send its observations on progress made in investigations already begun (Annex II) and to take measures to ensure that investigations are begun without delay into the other murders, abductions, disappearances, attempted murders and threats referred to in Annex I, as well as those mentioned in the section on “new allegations” in the present report. The Committee requests the Government to indicate the reasons why, on 23 March 2001, the Attorney-General suspended the investigation into the murder of trade unionist Leonardo Betancourt Mendez;
    • (d) the Committee must once again urge both the complainants and the Government without delay to send the information needed to clarify the discrepancies that exist with regard to the trade union membership of some of the victims;
    • (e) deploring that despite the numerous requests of the Committee, the Government has not thus far reported any convictions of individuals for the murder of trade unionists, the Committee once again requests the Government with the same emphasis as in its previous examination of the case to take the necessary measures to put an end to the intolerable situation of impunity and to punish all those responsible for the innumerable acts of violence;
    • (f) the Committee requests the Government to continue carrying out a non-restrictive assessment of the risk to which threatened trade unionists are exposed, so as to ensure that protection is extended to all individuals at risk and thus prevent murders and disappearances, and to continue providing appropriate protective measures. The Committee requests the Government to send all relevant information in this regard;
    • (g) the Committee once again requests the Government to send the consolidated list of victims for the period 1991-2000 prepared by the Subcommittee on the Unification of the List of Victims referred to in its previous examination of the case;
    • (h) the Committee once again reminds the Government [see 327th Report, para. 344(g) and 328th Report, para. 124(h)] that it would be advisable to deal specifically with situations in which violence against trade union members is very intensive, for example in such sectors as education, the petroleum industry and the health services, as well as municipal and departmental administrations, in particular, in the departments of Valle del Cauca and Antioquia and the municipality of Barrancabermeja, especially the Empresa de Petróleo de Colombia and the Empresa de Gas de Barrancabermeja. The Committee reminds the complainants and the Government that they may request technical assistance from the Office for this assessment;
    • (i) in respect of the allegations of threats and arrests of numerous trade union officials for having participated in the protest march and strike of 16 September, the Committee requests the Government to send its observations thereon;
    • (j) the Committee recommends the Governing Body to consider the possibility of transmitting the matters concerning Colombia which are before the Committee on Freedom of Association to the Fact-finding and Conciliation Commission to support the present efforts of the ILO in clarifying and helping in the actual situation and to consider their development in association with the Government and the Colombian employers’ and workers’ organizations.

B. New allegations

B. New allegations
  1. 471. The complainant organizations complain of the following acts of violence against trade union officials and members:
    • Murders
  2. (1) Jorge Alberto Alvarez, member of SUTIMAC, on 6 August 2001 in the outskirts of Santa Bárbara;
  3. (2) Adolfo de Jesús Munera López, Vice-President of the CUT executive subcommittee, Atlántico and member of SINALTRAINAL, on 31 August 2002, in Barranquilla, Department of Atlántico;
  4. (3) Oswaldo Moreno Ibagüe, leader of the Meta Civic Human Rights Committee and President of the Communal Action Committee, in Villavicencio, on 3 September 2002;
  5. (4) César Gómez, President of the Pamplona Subcommittee of the National Union of University Workers of Colombia (SINTRAUNICOL), on 5 September 2002, in the municipality of Pamplona, Department of North Santander;
  6. (5) Oscar de Jesús Payares, member of the Atlántico Teachers’ Association (ADEA-FECODE-CUT), on 6 September 2002, in Barranquilla, Department of Atlántico;
  7. (6) Alfonso Morelly Zárate, member of the Magdalena branch of the Association of University Teachers (ASPU-CUT), on 7 September 2002, in Marta, Department of Magdalena;
  8. (7) Gema Lucía Jaramillo, member of the Antioquia Teachers’ Association (ADIDA-FECODE-CUT), on 9 September 2002, in the municipality of San Andrés de Cuerquia, Department of Antioquia;
  9. (8) Miguel Lora Gómez, member of the executive committee of the Confederation of Workers of Colombia (CTC), on 9 September 2002;
  10. (9) José Fernando Mena Alvarez, member of the Magdalena Teachers’ Union (EDUMAG-FECODE-CUT), on 10 October 2002, in the municipality of Palermo, Department of Magdalena;
  11. (10) Oscar David Polo Charry, member of the Magdalena Workers’ Union (EDUMAG-FECODE-CUT), on 28 October 2002, in the municipality of Pivijay, Department of Magdalena;
  12. (11) Jairo Vera, member of the Colombian Institute for Agrarian Reform (SINTRADIN-CUT), on 23 November 2002, in Bucaramanga, Department of South Santander.
    • Acts of violence
    • Several workers, members of the Cali Municipal Enterprises Union (SINTRAEMCALI), were assaulted by police officers during the Permanent Assembly on 1 October 2002.
    • Abductions and disappearances
  13. (1) Victor Manuel Jiménez Frutos, Vice-President of the Agricultural Workers’ Union of the Department of Atlántico (SINTRAGRICOLAS-FENSUAGRO-CUT), disappeared on 22 October 2002, in the municipality of Ponedera, Department of Atlántico;
  14. (2) Ramón Alzate, Javier Agudelo, Jhon Jairo Sánchez and Rafael Montoya, members of SUTIMAC, were abducted on 6 April 2001 and released on 11 April.
    • Assaults
    • Cali Municipal Enterprises Union (SINTRAEMCALI): on 3 September 2002 a powerful bomb exploded causing material damage at the place where workers’ meetings are normally held.
    • Threats
  15. (1) Against the officials of the Cali Municipal Enterprises Union (SINTRAEMCALI): Alexander López Maya, Luis Hernández and the other members of the executive committee received a communication from paramilitary groups;
  16. (2) Gerardo González Muñoz, member of FENSUAGRO-CUT;
  17. (3) Domingo Rafael Tovar Arrieta, CUT Organizing Director;
  18. (4) workers and members of the Arauca Power Company, by paramilitaries;
  19. (5) in Arauca, activists of the Teachers’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC);
  20. (6) Henry Ocampo, President of the Caldas Workers’ Federation (FEDECALDAS), by paramilitaries;
  21. (7) Saúl Suárez Donado, activist of the Workers’ Trade Union, by paramilitaries: when he complained of the incident to the Human Rights Unit in the Attorney-General’s Office, on 19 September 2002, he was detained on a charge of rebellion;
  22. (8) the Cartagena branch of the National Union of Workers in the Food Industry (SINALTRAINAL) by Self-defence Groups of Colombia (AUC) on 19 September 2002;
  23. (9) Eduardo Camacho Rugeles, health secretary and member of the Commission on Human Rights, Ever Tique Giron, education secretary and member of the executive committee of the Union of University Workers (SINTRAUNICOL-CUT) and Pedro Edgar Galeano Olaya, secretary for cooperative affairs, by paramilitaries of the Tolima Block in the Department of Tolima on 16 October 2002;
  24. (10) Carlos Dimate, Antonio Guerrero, Demetrio Guerrero, Marcos Moreno, Diógenes Correa, officials of the Union of Small Farmers of the Department of Cundinamarca (SINTRAGRICUN) and Gerardo González, official of the National United Federation of Agricultural Workers (FENSUAGRO-CUT);
  25. (11) Gustavo Guamanga, president of the Union of Small Farmers of the Department of Cauca (SINPEAGRIP), in October 2002, in the city of Popayán;
  26. (12) Efraín Holguín, Fernando Trujillo Lozada and José Eduardo Villa Garzón, officials of the Workers’ Union of the Empresa de Acueducto y Alcantarillado of Bogotá (SINTRACUEDUCTO-CUT), in October 2002;
  27. (13) Nicolás Acevedo Cuartas, President of the Apartadó branch of the National Union of Bank Employees (UNEB-CUT), on 29 October 2002 in the city of Bogotá;
  28. (14) Willain Mendoza, President of SINALTRAINAL, on 9 October 2002;
  29. (15) the Executive Committee of SUTIMAC, Santa Bárbara branch, on various occasions between April and May 2001.
    • Detentions and harassment
    • Mario de Jesús Castañeda, President of the CUT-HUILA subcommittee, on 28 October 2002 for distributing propaganda concerning the national strike convened by the CUT.
  30. 472. In its communication dated 3 February 2003, the ICFTU alleges: (1) threats have been made against the President of the Union of Coca Cola workers, Wiliam Mendoza and his family; (2) the assault of Mr. Nicolás Hernandez Cabrera, General Secretary of FENSUAGRO on 20 December 2002; (3) the murder of José Marcelino Diaz González, President of the College of Rectors and Directors (COLDIZ), affiliated to the Aranca Teachers’ Association (ASEDAR-FECODE), on 13 January 2003 and Abelardo Barbora Paéz, member of FENSUAGRO on 21 January 2003 in Santander; (4) the detention of Mr. Hernando Hernández, Secretary of International Affairs of the USU and former Vice?President of the CUT, Nubia Ester Gonzalez, officer of the Union of Small and Medium Agricultural Enterprises of Sucre (SINDAGRICULTORES) and Policarpo Camacho and Gloria Holguin, directors of the Agricultural Union of the municipality of Calarcá; (4) the withdrawal of protection for Mr. Guillermo Rivera Plata, Vice-President of the National Union of Workers of the Agricultural and Fisheries Union (SINTRAINAGRO); and (6) the non-application of the Agreement of 29 January 2002 made between the Government, the workers of municipal enterprises of Cali and the community of Cali under the terms of which the non-privatization of the enterprises had been decided.

C. The Government’s reply

C. The Government’s reply
  1. 473. In its communication of 15 January 2003, the Government states that:
    • In compliance with the undertaking by the national Government given by the Vice-President of the Republic during the 285th meeting of the Governing Body in November 2002, the Government has for the first time made a considerable inter-institutional effort to collect and process the relevant information and present, as on this occasion, the most comprehensive reply possible. That is why, firstly, the sources of the information to which the Government refers in its reply are quoted. Secondly, brief explanations are provided of the structure and stages of the investigations required under our current law to clarify the alleged facts. The Government’s wish is that this will give the freedom of association division, the Committee on Freedom of Association and the Governing Body itself more information on which to base its recommendations on the matter and better understand the situation in Colombia. Thirdly, statistics are provided on the status of various complaints to the Committee on Freedom of Association. In this way, we hope to provide information to illustrate more precisely the work of the Attorney-General’s Office and the Colombian State in general.
  2. 474. This reply was prepared on the basis of information provided by the Attorney-General’s Office, the Ministry of Defence, the Ministry of the Interior and the national police, and checked and summarized by the Human Rights Office in the Ministry of Labour and Social Security. The Government complies punctiliously with the Committee’s requirements concerning the verification of the status of trade union leader or official of the person at the end of each of the replies, indicating whether or not the person has that status.
  3. 475. In addition, information that could not be obtained from the abovementioned sources is being sought from enterprises and trade unions for the purpose of checking and/or clarifying data that is doubtful or where there is insufficient information to make an official response.
  4. 476. The Government points out that the 329th Report repeats allegations by the same person, which leads to confusion and has a negative impact on the perception of the problem of violence and impunity in Colombia. The Government requests this situation to be reviewed and the information corrected. The following are such cases: Carlos Arturo Alarcón, Daniel Orlando Gutiérrez and Sigilfredo Grueso.
  5. 477. The Government provides a brief description of the structure of the investigative stage of the penal process (inquiries and substages) which must be conducted in Colombia to clarify the alleged facts. We hope that these explanations will help to clarify the current status of the investigations. The investigation has two main stages: the preliminary investigation or inquiries and prosecution. Under article 319 of the Criminal Procedures Code:
    • Where there is doubt as to whether it is appropriate to open a prosecution, the purpose of the preliminary investigation shall be to determine whether or not there are grounds for criminal proceedings. It shall take the necessary measures to determine whether the incident has occurred, regardless of how it has come to the attention of the authorities; whether it is a criminal offence and whether criminal proceedings are justified and shall gather the evidence essential to identify or determine the perpetrators or other parties to the act”. On completion of the preliminary investigation, a decision will be made either to open the investigation or not to proceed (inhibitory decision). Thus, “the official who has directed or conducted the preliminary investigation, if competent, will also open and conduct the prosecution, unless the case has been transferred (article 329 of the Criminal Procedures Code).
    • Information on the list in the “new allegations” section of the 329th Report of the Committee on Freedom of Association Murders
  6. (1) Carmenza Pungo, member of ANTHOC, on 2 September 2001, on the banks of the River Piedra. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is being conducted by the support unit of the National Human Rights Unit, in Cali, File No. 464282. The investigation is at the prosecution stage and a warrant was issued for the arrest of a person;
  7. (2) Sandra Liliana Quintero, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC-CUT), on 16 March 2002, in the Department of Cundinamarca. According to the information provided by the Attorney-General’s Office, the investigation into the murder is being conducted by the National Human Rights and International Humanitarian Law Unit (DIH) in Neiva, File No. 1386. The investigation is currently active (prosecution stage), a person has been arrested and a decision on that person’s legal situation is pending;
  8. (3) Gustavo Oyuela Rodríguez, member of the Nariño Teachers’ Union (SIMANA FECODE), on 19 March 2002, in the Department of Nariño. According to the information provided by the Attorney-General’s Office, he was murdered in the municipality of Ortega, Department of Tolima and the preliminary inquiries are being conducted by Prosecutor’s Office 47, Guamo, Ibagué Section Directorate, File No. 3740. It is currently at the examination of evidence stage. The prosecutor also reported that on checking the membership of the person concerned with the Nariño Education Office and SIMANA, he is not a teacher and thus not a member of SIMANA. Moreover, having carried out the relevant inquiries, there is no investigation in any judicial authority in Nariño;
  9. (4) Efraín Urrea Marín, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC-CUT), on 21 March 2002, in the municipality of San Carlos, Department of Antioquia. According to the information provided by the Attorney-General’s Office, the responsible authority of the investigation is the National Human Rights Unit and International Humanitarian Law Unit (DIH). The investigation is at the preliminary stage, File No. 1295. The prosecutor states that Mr. Urrea Marín was not a member of any trade union;
  10. (5) María Nubia Castro, member of ANTHOC-CUT, on 21 March 2002, in the municipality of San Carlos, Department of Antioquia. According to the information provided by the Attorney-General’s Office, the preliminary inquiries into the murder are being conducted by Special Prosecutor’s Office 19, Antioquia Section Directorate (DSF), File No. 549773;
  11. (6) Eddy Socorro Leal Barrera, member of the North Santander Teachers’ Association (ASINORT), on 31 March 2002 in the municipality of Salazar. The Attorney-General’s Office reports that the preliminary inquiries are being conducted by Prosecutor’s Office 4, Life Unit (Unidad de Vida) Cúcuta Section Directorate (DSF), File No. 44160;
  12. (7) Nelsy Gabriela Cuesta Córdoba, abducted on 4 April 2002, in the municipality of Yondo. The Attorney-General’s Office reports that the preliminary inquiries are being conducted by Special Prosecutor’s Office 23 (Terrorism), Medellín under File No. 570-031. The investigation is at present active. Mrs. Cuesta Córdoba’s trade union membership has yet to be established;
  13. (8) Heliodoro Sierra, member of the Single Union of Education Workers of Quindío (SUTEQ), on 7 April 2002, in the Department of Quindío. The Attorney-General’s Office reports that the preliminary inquiries are being conducted by the Public Prosecutor’s Office (Life Unit) Section Directorate (DSF), Armenia, File No. 44967;
  14. (9) Freddy Armando Girón Burbano, activist of the Cauca Teachers’ Association (ASOINCA-CUT), on 7 April 2002 while travelling on public transport in the municipality of El Patía. The Ministry of Defence in its communication MDD-HH?725 of 31 October 2002 states that the investigation is being conducted by the Prosecutor’s Office, Bordo, Cauca, and is at the examination of evidence stage, File No. 56590;
  15. (10) Diofanol Sierra Vargas, official of the Food Industry Workers’ Trade Union (SINTRAINAL-CUT), on 8 April 2002, in Barrancabermeja, Department of Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the murder investigation is at the prosecution stage and is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Bucaramanga, File No. 13177. Two people are at present under arrest;
  16. (11) Jhon Jairo Durán, member of the National Association of Civil Servants and Judicial Employees (ASONAL JUDICIAL-CUT), on 13 April 2001, in Nariño, by guerrillas. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the murder investigation is at the preliminary stage and is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Medellín, File No. 073;
  17. (12) Tito Libio Hernández Ordóñez, President of the Pasto Subcommittee of the Union of University Workers and Employees of Colombia (SINTRAUNICOL), on 16 April 2002, in the city of Pasto, Department of Nariño. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 4, File No. IP51227, and is now at the examination of evidence stage;
  18. (13) Javier de Jesús Restrepo, member of ASONAL JUDICIAL-CUT, on 16 April 2002, in the municipality of Puerto Rico, Department of Florencia. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the preliminary inquiries are currently being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Neiva, File No. 1208, and are now at the examination of evidence stage. The Attorney-General’s Office confirms that Mr. Javier de Jesús Restrepo is not a member of ASONAL JUDICIAL;
  19. (14) Said Ballona Gutiérrez, member of the North Santander Teachers’ Trade Union Association (ASINORTH), on 18 April 2002, in the municipality of Tarra, Department of North Santander. The Attorney-General’s Office reports that the preliminary murder inquiries are being conducted by Special Prosecutor’s Office 3, Cúcuta Section Directorate, File No. 46079. Mr. Ballona Gutiérrez was an ASINORTH grass-roots worker;
  20. (15) Jhon Fredy Marín, President of the Curillo Section of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC), on 18 April 2002, in the municipality of Curillo, Department of Arauca. According to the information provided by the Attorney-General’s Office, the responsible authority of the investigation is Prosecutor’s Office 13, Belén de los Andaquíes, Florencia Section, File No. 24380 and is now at the prosecution stage;
  21. (16) Agustín Colmenares, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence. The FARC is suspected of being responsible;
  22. (17) Alberto de Jesús Martínez Estrada, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence;
  23. (18) Juan Sepúlveda, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s office reports that the investigation is at the preliminary stage, examination of evidence;
  24. (19) Albeiro Ledesma, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence;
  25. (20) José Hurtado, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence;
  26. (21) Enrique Suárez, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence;
  27. (22) Luis Enrique Guisa, official of the National Union of Farmworkers (SINTRAINAGRO), in the Department of Antioquia, on 26 April 2002. In reply to letter DH.214 of 16 June 2002 from the Human Rights Office of the Ministry of Labour and Social Security, the Attorney-General’s Office reports that the investigation is at the preliminary stage, examination of evidence;
  28. (23) Ricardo Eliécer Ruiz, President of the Trade Union of Workers of Bello municipality, on 3 May 2002. The Prosecutor’s Office reports that the investigation is at the preliminary stage, conducted by the Bello Prosecutor’s Office, Medellín. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade unionists’ human rights, the investigation has now reached the examination of evidence stage;
  29. (24) Edilberto Arango Isaza, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC-CUT), on 3 May 2002, in the Department of Antioquia. According to information provided by the Attorney-General’s Office, the preliminary inquiries into the murder are being conducted by Special Prosecutor’s Office 19 (Terrorism), Medellín, File No. 402-073;
  30. (25) Froilán Hilario Peláez Zapata, member of the CUT Executive Committee, on 6 May 2002, in the Department of Antioquia. The Attorney-General’s Office, in its general report into violations of trade unionists’ human rights, reports that the investigation is being conducted by the Trade Union Unit, Special Prosecutor 16, Medellín, File No. 562612, and is currently at the examination of evidence stage. The report states that Mr. Peláez Zapata was a teacher, member of ADIDA-FUTRAN-CUT, Antioquia subcommittee;
  31. (26) Jairo Ramos, member of the Union of Electricity Workers of Colombia (SINTRAELECOL-CUT), on 1 June 2001 in the municipality of Túquerres in the Department of Nariño. According to the general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights, the authority conducting the investigation into this incident is Prosecutor’s Office 33, Túquerres-Pasto, File No. 1119, prosecution stage;
  32. (27) Adalberto Tukamoto Palomino, a SINTRAELECOL-CUT activist, on 1 June 2002, in the Department of Meta. According to the general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights, the authority conducting the investigation into this incident is Prosecutor’s Office 18, Villavicencio File No. 71358. It is at the preliminary stage, preliminary inquiries having been ordered on 1 June 2002;
  33. (28) Isaías Gómez Jaramillo, member of the Antioquia Teachers’ Association (ADIDA-CUT), on 1 June 2002, in the Department of Meta. According to the general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights, the authority conducting the investigation is Prosecutor’s Office 89, Life Unit 1, Medellín, File No. 586755, and it is currently at the examination of evidence stage;
  34. (29) Hernán de Jesús Ortiz, a member of the National Committee of the Single Confederation of Workers of Colombia (CUT) and official of the Colombian Teachers’ Federation (FECODE), on 4 June 2002. According to the general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights, the authority conducting the investigation is Prosecutor’s Office 3 in the Manizales High Court, File No. 62144140;
  35. (30) Eduardo Vasques Jiménez, member of ADIDA-CUT, on 4 June 2002, in the Department of Magdalena, The Attorney-General’s Office reports that the investigation is being conducted by the Second Special Prosecutor’s Office, Santa Marta, File No. 31186 and is currently at the examination of evidence stage, following a statement taken from a person on 2 September 2002;
  36. (31) Jhon Jairo Alvarez Cardona, member of the National Committee of SINTRATEXTIL-CUT, on 5 June 2002, in the municipality of Rionegro. According to the general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights, the authority conducting the investigation into this incident is Prosecutor’s Office 71, Rionegro, File No. 5845, and is currently at the examination of evidence stage;
  37. (32) César Blanco, official of the Bucaramanga branch of USO, on 17 June 2002, in the city of Bucaramanga, Department of Santander. On 28 August 1995, there was an attempted murder in the city of Tibú, North Santander in which he was seriously wounded. The general report of investigations by the Attorney-General’s Office into violations of trade unionists’ human rights records an investigation into aggravated homicide conducted by the support unit of the National Human Rights Unit, Bucaramanga, File No. 1366, currently at the preliminary stage. The Prosecutor’s Office reports that the investigation is at present active;
  38. (33) Héctor Julio Gómez Cuellar, official of the Municipal Association of the La Plata Commune Action Committee (which is not a trade union), on 12 June 2002, in the municipality of La Plata. The Attorney-General’s Office reports that the preliminary investigations are being conducted by Prosecutor’s Office 23, La Plata, Neiva Section Directorate, File No. 1527. The investigation is currently assigned to the Technical Group (CTI);
  39. (34) Luis Enrique Coiran, President of the Tame Section of ANTHOC, on 19 June 2002, in the municipality of Tame. The Prosecutor’s Office stated in its communication No. 3118 of 7 October 2002 that the investigation has reached the prosecution stage, File No. 595. A person has been arrested;
  40. (35) Helio Rodríguez Ruiz, official of the National Trade Union of Workers in the Catering, Hotel and Allied Occupations (HOCAR-CUT), on 20 June 2002, in Barrancabermeja. The Attorney-General’s Office reports that the preliminary investigations are being conducted by Prosecutor’s Office 5, Bucaramanga, File No. 27099. The investigation is currently suspended. Mr. Rodríguez Ruiz is a trade union leader;
  41. (36) Manuel Antonio Fuertes Arévalo, former Vice-President of the Tuquerres subcommittee of SINTRAELECOL-CUT, on 29 June 2002, in the Department of Nariño. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently at the preliminary stage and is being conducted by Special Prosecutor’s Office 4, Pasto, File No. 56028 and the Prosecutor’s Office is now examining the evidence. The Prosecutor’s Office found that on the date of the incident, Mr. Fuertes Arévalo had ceased to be a member of the subcommittee of the TELECOM-TUQUERRES union two years earlier;
  42. (37) José González Barros, activist of the Trade Union of Official Workers and Public Employees of the municipality of Sabanagrande (SINTRAOPUSA-CUT), on 2 July 2002, in the municipality of Sabanagrande. According to the Attorney-General’s Office, the Prosecutor’s Office, Barranquilla Section Directorate, Barranquilla reports that the Prosecutor’s Office Judicial Information System (SIJUF) shows no record of an investigation into this murder. The Sabanagrande police station was requested to report which authority exhumed the body and to which prosecutor’s office it was sent;
  43. (38) Roberto Rojas Pinzón, member of ANTHOC-CUT, on 26 July 2002, in the municipality of Cravo Norte, Department of North Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage, and is being conducted by Prosecutor’s Office 1, Arauca Section Directorate, File No. 13924, and is at the examination of evidence stage;
  44. (39) Wilfredo Camargo Aroca, member of the National Union of Farmworkers (SINTRAINAGRO), on 31 July 2002, in the municipality of Puerto Wilches, Department of Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage (examination of evidence), and is being conducted by Prosecutor’s Office 5, Barrancabermeja Section, File No. 27419;
  45. (40) Rodrigo Gamboa Coy, President of the César subcommittee of the INCORA Workers’ Union (SINTRADIN-CUT), on 31 July 2002, in the city of Valledupar, Department of César. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently at the preliminary stage, and is being conducted by Prosecutor’s Office 4, Life Unit, File No. 145854, and is currently at the examination of evidence stage. According to a communication dated 24 December 2002 addressed to the Office of Human Rights in the Ministry of Labour, his office in the SINTRADIN subcommittee was First President. He was an all-round expert working in the field, in the indigenous communities welfare programme, and maintained constant contact with the indigenous communities in the Department of César;
  46. (41) Felipe Santiago Mendoza, member of USO, on 15 August 2002, in the municipality of Tibú, Department of Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage, and is being conducted by Prosecutor’s Office 4, Life Unit, Cúcuta, File No. 51581, and is currently at the examination of evidence stage;
  47. (42) Amparo Figueroa, member of ANTHOC-CUT, on 15 August 2002, in the municipality of Miranda, Department of Cauca. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage, and is being conducted by the Prosecutor’s Office, Corinto-Popayán Section, File No. 2328, and is currently at the examination of evidence stage;
  48. (43) Francisco Méndez Díaz, member of the Sucre Teachers’ Association (ADES-FECODE-CUT), on 15 August 2002, in the municipality of Chalá, Department of Sucre. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this incident is at the preliminary stage, and was opened on 28 August 2002 by Prosecutor’s Office 2 in the Specialized Criminal Circuit Court, Sincelejo Section, File No. 26411. It remains to be established whether he was a member of the Sucre Teachers’ Association (ADES-FECODE-CUT);
  49. (44) Blanca Ludivia Hernández, Vice-President of the National Health and Social Security Trade Union (SINDES), who was found dead on 15 August 2002 after being abducted the previous week in the municipality of Córdoba, Department of Quindío. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the responsible authority of the investigation is Prosecutor’s Office 10, Calarcá Section, Quindío, File No. 9129-1323-10.
    • Acts of violence
    • José Antonio González Luna, Director of the Human Rights Department of the ICFTU, who was brutally assaulted on 1 May 2002 by members of the security forces. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is at a preliminary stage and being conducted by Prosecutor’s Office 30, Cali Section. Mr. Jesús Antonio González Luna was a member of the CUT Human Rights Executive Committee.
    • Abductions and disappearances
  50. (1) José Ernesto Ricaurte, member of ANTHOC-CUT, who disappeared on 26 September 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this incident is active, at the preliminary stage, and being conducted by Prosecutor’s Office 1, Purificación-Ibagué Section, File No. 3190, and is currently at the examination of evidence stage;
  51. (2) Jairo Domínguez, member of the Single Union of Workers in the Construction Materials Industry (SUTIMAC-CUT), abducted on 3 July 2002 and subsequently murdered on 10 July the same year in the municipality of Monte Bello, Department of Antioquia. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the responsible authority in the investigation is the Prosecutor’s Office, Santa Bárbara, which reported that it was not possible to ascertain if the deceased was a member of the Cementos El Cairo Workers’ Union and indeed there is evidence that he was an independent contractor for the cement company;
  52. (3) Arturo Escalante Moros, member of the Workers’ Trade Union (USO), on 27 September 2001, subsequently murdered in the municipality of Barrancabermeja, Department of Santander on 19 September 2001. The Attorney-General’s Office is currently taking the necessary steps to ascertain the authority conducting the investigation, the file number and the status of proceedings;
  53. (4) Arturo Vázquez Galeano, activist in the Trade Union of Workers and Employees in the municipality of Abejorral, Department of Antioquia, on 5 April 2002. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage of examination of evidence, and is being conducted by Prosecutor’s Office 53, Rionegro East Gaula (District), Antioquia, File No. 568855. The Prosecutor’s Office reports that Mr. Vázquez Galeano was a member of the Single Confederation of Workers of Colombia (CUT);
  54. (5) Miguel Angel Rendón Graciano, Vice-President of the Chocó Subcommittee of the Sena Public Employees’ Trade Union, on 6 April 2002, in the Department of Chocó. He was abducted on 6 April 2002 while travelling from the municipality of Itsmina to the city of Quibdó, on the road between the municipality of Atrato near the Doña Josefa corregimiento (settlement) and was released on 9 June to a committee of the diocese of Quibdó in the corregimiento of Boca de Capaz. This is according to information provided by the Ministry of Defence in its communication MDD-HH-725 of 31 October 2002, which information was taken from the CUT communication dated 19 April 2002;
  55. (6) attempted abduction of the daughter of William Mendoza, President of the National Trade Union of Food Industry Workers (SINALTRAINAL), which was foiled by the police. This case does not involve a person belonging to the target population, i.e. trade union members and officials. The Attorney-General’s Office reports that the investigation into the attempted abduction of Karen Mendoza Díaz in Barrancabermeja, Santander, on 18 June 2002, is being conducted by the rural gaula, Bucaramanga Section, File No. 915. It is at the preliminary stage and currently active;
  56. (7) Alberto Herrera, Pedro Barrios, Eleazar Becerra and Salvador Vasquez, members of SINTRAELECOL-CUT, on 4 July 2002, in the municipality of Fundación, Department of Magdalena. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is active, at the preliminary stage (examination of evidence), and is being conducted by Special Prosecutor’s Office 4, Gaula of Magdalena, File No. 32081. The report also establishes that the abducted persons were members and workers of the TRANSELCA S.A. company, but the Attorney-General’s Office reports that they were released on 7 July 2002 by Frente XIX of the FARC. It is therefore clear that these gentlemen are not at present in captivity and that the FARC guerrilla group was responsible for the crime;
  57. (8) Jorge Amiro Genecco Martínez, member of ANTHOC-CUT, on 9 July 2002, in Bogotá, Department of Cundinamarca. The Ministry of Labour requested information from the ANTHOC branch as to whether the gentleman concerned had indeed been the victim of an abduction and, if so, whether he was currently in captivity or had been released. No reply has been received;
  58. (9) Gonzalo Ramírez Triana, USO activist, on 30 July 2002, in the Department of Cundinamarca. He was a member of the Workers’ Trade Union but there is no record of his membership in the executive committee;
  59. (10) Alonso Pamplona, former member of the USO Claims Committee, who was abducted on 31 July 2002 and released on 1 August 2002, with four bullet wounds, in the municipality of Sabana de Torres, Department of Santander, and released on 1 August of the same year. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, Special Prosecutor’s Office 3, Bucaramanga is conducting the investigation, File No. 143384, and this is currently at the examination of evidence stage. Mr. Pamplona was a member of USO.
    • Attempted murders
  60. (1) Daniel Orlando Gutiérrez Ramos, coordinator of the Human Rights Department of the National Drivers’ Union of Colombia (SINDINALCH-CGTD), on 3 January 2002. According to a communication of 23 December 2002 from the President of SINDINALCH, Mr. Daniel Orlando Gutiérrez Ramos has been connected with that organization as a human rights delegate since 15 May 2001. His relationship is that of trade union activist, there is no employment relationship and its duration depends on decisions adopted by the executive committee as there is no fixed term;
  61. (2) Sigilfredo Grueso, activist in the Cali Municipal Workers’ Union (SINTRAEMCALI), on 10 January 2002. The Attorney-General’s Office reported that the authority conducting the investigation is Prosecutor’s Office 31, Cali Section. On 2 March 2002, the Prosecutor’s Office took charge of the proceedings. On 2 May 2002, the examination of evidence was ordered. A request was made to locate José Homer Moreno Valencia and Carlos Alberto Florez Loaiza (parties to the investigation) since no information appears in the report of the complaint;
  62. (3) Gaspar Guzmán, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 16 April 2002. The Bolívar Police Department reported that on 31 May 2002, a suspect was held by Bolívar police station No. 2 and subsequently released. It also reports that the investigation is at the prosecution stage;
  63. (4) Rubén Castro Quintana, President of the Bolívar Subcommittee of SINTRAELECOL. According to a report of the Ministry of Defence dated 31 October 2002, this attempted murder took place on 16 April 2002 in Cartagena. In this respect, the Bolivar Police Department reported that on 31 May 2002 a suspect was held by Bolívar police station No. 2 and subsequently released. It also reports that the investigation is at the prosecution stage. In addition, the Attorney-General’s Office reports that Prosecutor’s Office 4, Cartagena Section, is conducting the investigation into threats against Mr. Castro Quintana received on 29 May 2002 in Cartagena, File No. 94615. This investigation is also at the examination of evidence stage;
  64. (5) Carlos Hernán Sánchez Díaz, member of the Yumbo Workers’ Trade Union who was the victim of a murder attempt on 3 May 2002 in the municipality of Yumbo. In its letter No. 02315 of 22 July the Attorney-General’s Office reports that Prosecutor’s Office 14, Yumbo Section (Valle) is conducting the investigation, which is at the preliminary stage, examination of evidence, File No. 119002;
  65. (6) Antonio Zamanete, member of the Yumbo Workers’ Trade Union, who was the victim of a murder attempt on 3 May 2002 in the municipality of Yumbo. In its letter No. 02315 of 22 July the Attorney-General’s Office reports that Prosecutor’s Office 14, Yumbo Section (Valle) is conducting the investigation, which is at the preliminary stage, examination of evidence, File No. 119002;
  66. (7) at the national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002 in the city of Bogotá. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the attack on the SINTRAELECOL headquarters, the investigating authority, the file number and the status of the proceedings have still to be ascertained;
  67. (8) Omar Romero Díaz, member of the Single Union of Workers in the Construction Materials Industry (SUTIMAC-CUT), on 13 August 2002, in the city of Cali, Department of Valle del Cauca. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, Prosecutor’s Office 22, Life Unit, is conducting the investigation, which is currently at the examination of evidence stage, File No. 512206.
    • Threats
  68. (1) Hernando Hernández Pardo. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the Special Prosecutor’s Office, Barrancabermeja, File No. 1805, and is currently at the examination of evidence stage. It is also known that, at that time, Mr. Hernández Pardo was Vice-President of the Single Confederation of Workers of Colombia (CUT) and President of the Petroleum Industry Workers’ Trade Union (USO). The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. Hernández Pardo was provided with protection measures;
  69. (2) Domingo Tovar Arrieta, Director of the Organization and Human Rights Coordinator of the CUT. The Attorney-General’s Office reports that there are records of four currently active investigations involving Mr. Tovar Arrieta, the status of which is as follows. The first investigation into threats on 3 April 1996, in the city of Bogotá, is being prosecuted by the Technical Group (CTI), Prosecutor’s Office, Bogotá, File No. 54266. However, a decision of 27 May 2002 ordered the investigation to be suspended and archived. The second investigation for threats from January 1997 to February 1998 in Bogotá was conducted by the Anti-Abduction and Special Unit in Bogotá, File No. 249068. The investigation is currently the subject of trial proceedings and was submitted to the Criminal Circuit Court on 28 December 1999. The third investigation into threats against the person is being conducted by the Bogotá Anti-Abduction Unit, File No. 323327. It is at the examination of evidence stage and was sent to the Prosecutor’s Office, regional directorate for the Gaula. Finally, the last investigation into threats against the person, on 22 September 1998, is being conducted by the Prosecutor’s Office, Bogotá Section, File No. 464924-380694, and is at the examination of evidence stage. On 20 February 2001, a photo identification procedure was arranged. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Tovar Arrieta was provided with protection measures;
  70. (3) Fernando Vargas, President of the Cauca Teachers’ Association (ASOINCA). The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Vargas was provided with protection measures;
  71. (4) Patricia Pinzón, President of the Cauca Branch of ANTHOC. According to the Attorney-General’s Office, the investigation into threats received in Popayán, Cauca, on 15 August 2002 is being conducted by Prosecutor’s Office 1, Ibagué Section, Popayán Section Directorate, File No. 36957. The investigation was transferred to the police department on 30 December 2002. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mrs. Pinzón was provided with protection measures;
  72. (5) Mario de Jesús Castañeda, President of the HUILA-CUT Subcommittee. According to the general report of investigations into violations of trade unionists’ human rights, an investigation into threats against the person is being conducted by the Prosecutor’s Office, Neiva Section, File No. 47993, and is at the preliminary stage. Currently, a statement by the complainant is awaited in order to determine the facts of the incident and establish whether the complainant has instituted proceedings and thus to determine whether there is an investigation into the same incidents by another authority. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Jesús Castañeda was provided with protection measures;
  73. (6) Oscar Sánchez, General Secretary of the CUT Cauca Subcommittee. According to the Attorney-General’s Office, the investigation into threats against the person received on 13 September 2001 in Popayán, Cauca, is being conducted by Prosecutor’s Office 2, Ibagué Section, Popayán Section Directorate, File No. 38174. The investigation was transferred to the police department on 10 October 2001. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Sánchez was provided with protection measures;
  74. (7) Hermes Ortiz, Municipal Branch President of ANTHOC. According to the Attorney-General’s Office, the investigation into threats against the person received on 13 September 2001 in Popayán, Cauca, is being conducted by Prosecutor’s Office 2, Ibagué Section, Popayán Section Directorate, File No. 38174. The investigation was transferred to the police department on 10 October 2001. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Ortiz was provided with protection measures;
  75. (8) Francisco Bolaños, member of the San José Hospital Strike Committee. According to the Attorney-General’s Office, the investigation into threats against the person received on 13 September 2001 in Popayán, Cauca, is being conducted by Prosecutor’s Office 2, Ibagué Section, Popayán Section Directorate, File No. 38174. The investigation was transferred to the police department on 10 October 2001. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Bolaños was provided with protection measures;
  76. (9) Jorge Muñoz, district board official of ANTHOC department executive committee. According to the Attorney-General’s Office, the investigation into threats against the person received on 13 September 2001 in Popayán, Cauca, is being conducted by Prosecutor’s Office 2, Ibagué Section, Popayán Section Directorate, File No. 38174. The investigation was transferred to the police department on 10 October 2001. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Muñoz was provided with protection measures;
  77. (10) SINTRAEMCALI headquarters. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, an investigation is being conducted into an assault on the executive committee of SINTRAEMCALI in Cali, Department of Valle, on 19 June 2001. Inquiries are at present in hand to locate the cases in the Attorney-General’s Office. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, SINTRAEMCALI headquarters were provided with protection measures;
  78. (11) SINTRAOFAN headquarters. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, an investigation is being conducted into threats against SINTRAOFAN headquarters and its members, received on 16 December 2001 at the village of Farallones de Bolivar via the municipality of Andes de Bolivar in the Department of Antioquia. This investigation is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH) in Medellín, File No. 43, and is currently at the examination of evidence stage. An investigation is also being carried out into threats against the headquarters of SINTRAOFAN received in Medellín, Antioquia, on 9 December 1999 by Special Prosecutor’s Office, (Terrorism), Medellín Section Directorate, File No. 334-178, and is at the preliminary stage. This investigation is currently active.
    • Information relating to Annex I (alleged acts of
    • violence against trade union officials or members
    • up to the Committee’s meeting of March 2002 for
    • which the Government has not sent its observations
    • or has not reported the initiation of investigations or judicial procedures)
    • Murders
  79. (1) Carmen Emilio Sánchez Coronel, official delegate of the North Santander Teachers’ Union, ASINORTH, murdered in Sardinata, Department of North Santander on 5 August 2002 while travelling from Cúcuta to Ocaña, when he was murdered at a paramilitary roadblock with seven other persons. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is being conducted by the support unit of the National Human Rights Unit, Cúcuta, File No. 23833. The investigation is currently at the prosecution stage. Certified copies were made to continue investigating these incidents against other persons;
  80. (2) Aristarco Arzallug Zúñiga, 30 August 2000, member of SINTRAINAGRO, murdered in the municipality of Turbo, Department of Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this murder is being conducted by the Special Prosecutor’s Office 21 (Terrorism), Medellín Section Directorate, File No. 383-558. It is at the preliminary stage and currently active;
  81. (3) Víctor Alfonso Vélez Sánchez, 28 March 2000, member of EDUMAG, murdered in Medellín, Department of Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the preliminary inquiries into this murder are being conducted by Prosecutor’s Office 10, Life Unit, Medellín Section Directorate, File No. 340-549. The investigation was archived on 11 December 2002;
  82. (4) Edgar Cifuentes, 4 November 2000, member of ADE. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, inquiries are in hand to locate all the cases (authority conducting the investigation, file number and status);
  83. (5) Juan Bautista Banquet, 17 October 2000, in Santa Marta, member of SINTRAINAGRO. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the Prosecutor’s Office, National Directorate, Santa Marta reports that there is no record in the SIJUF. The Prosecutor’s Office is also seeking further information on the incident to clarify the facts;
  84. (6) Edison Ariel, 17 October 2000, member of SINTRAINAGRO, in Santa Marta. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the Prosecutor’s Office, National Directorate, Santa Marta reports that there is no record in the SIJUF. The Prosecutor’s Office is also seeking further information on the incident to clarify the facts;
  85. (7) Darío de Jesús Borja, 1 April 2000, member of ADIDA, in the municipality of Dabeiba, Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, preliminary inquiries in this investigation are being conducted by the Prosecutor’s Office, Dabeiba Section, Medellín Section Directorate, File No. 1909. The investigation has been suspended since 12 October 2000;
  86. (8) Henry Ordóñez, murdered in Puerto Rico, Meta, on 6 March 1999, member of the Meta Teachers’ Association. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Villavicencio, File No. 25705. Examination of evidence is currently in progress;
  87. (9) Javier Jonás Carbono Maldonado, Secretary-General of SINTRAELECOL, 9 June 2000, Santa Marta. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in Santa Marta, Bolivar. The investigation is being conducted by Prosecutor’s Office 10, Cartagena Section, File No. 56462, and is active, at the prosecution stage, and the last action was the legal decision of 17 July 2002, remand in custody;
  88. (10) Candelaria Florez, wife of Alberto Ruiz Guerra, member of ADEMACOR, affiliate of FECODE, 17 June 2000, by paramilitaries. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is at the preliminary stage and is being conducted by rapid response unit 17, File No. 9236. On 20 October 2000, the case was provisionally archived, since the organization to which she belonged and post had still not been established. However, it is known that her husband was a member of ADEMACOR;
  89. (11) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo, Department of Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the special trade union investigations subunit did not find any record, and the Prosecutor’s Office, Turbo Section will deal with the matter. If an investigation is in progress, a request will be made to transfer it to the special subunit. The authority conducting the operation, the file number and the status of the proceedings are not known;
  90. (12) William Iguarán Cottes, member of SINTRAUNICOL, 11 September 2000, in Montería, by paramilitaries. The Attorney-General’s Office reports that Mr. Iguarán Cottes is known by the name Hugo Alfonso Iguarán Cottes. The investigation is reported to be conducted by the first Special Prosecutor’s Office, Montería, File No. 10370, and is now at the examination of evidence stage. In addition it reported that, by a decision of 5 September 2002, an order was made to receive all the statements ordered in previous decisions and which had not been accepted in order not to have to provide assistance to the persons making the statements. The Prosecutor’s Office reports that the deceased, a member of SINTRAUNICOL, was the victim of an attack on 2 May 2000, into which the office conducted an investigation which was transferred to the Special Prosecutor’s Office for homicide;
  91. (13) Carlos Cordero, member of ANTHOC, 6 December 2000, in Peñas Blancas, Department of North Santander, by paramilitaries. The Attorney-General’s Office is making the necessary inquiries to locate the cases in the Attorney-General’s Office;
  92. (14) Gabriela Galcano, official of ANTHOC, 9 December 2000, in Cúcuta, Department of North Santander, by paramilitaries. The Attorney-General’s Office is making the necessary inquiries to locate the cases in the Attorney-General’s Office;
  93. (15) Jairo Cubides, member of SINTRADEPARTAMENTO, 21 January 2001, in Cali. The murder coincided with the change in the executive board of the union, when the previous executive board was in the process of being recognized by the Ministry of Labour. The Attorney-General’s Office reports that Prosecutor’s Office 22, Cali Section, is conducting the preliminary inquiries, File No. 407487, and the investigation is currently active;
  94. (16) Carlos Humberto Trujillo, member of ASONAL JUDICIAL, 26 January 2001, in the municipality of Bugalagrande, Department of Valle. The Attorney-General’s Office reports that the investigation is at the preliminary stage and is being conducted by Special Prosecutor’s Office 5, Buga, File No. 30847. The investigation was made the subject of an inhibitory decision on 27 May 2002;
  95. (17) Elsa Clarena Guerrero, member of ASINORTH, 28 January 2001, in the municipality of Ocaña, at a military roadblock, Department of North Santander. The Attorney-General’s Office reports that the responsible authority is Prosecutor’s Office 3, Ocaña Section, Cúcuta Section Directorate, File No. 2001-0033. The investigation is at the preliminary stage, but by a decision of 9 October 2001 it was archived (current status);
  96. (18) Carolina Santiago Navarro, member of ASINORTH, 28 January 2001, in the municipality of Ocaña, Department of North Santander. The Attorney-General’s Office reports that the responsible authority is Prosecutor’s Office 3, Ocaña Section, Cúcuta Section Directorate, File No. 2001-0033. The investigation is at the preliminary stage, but by a decision of 9 October 2001 it was archived (current status);
  97. (19) Alfonso Alejandro Naar Hernández, member of ASEDAR, affiliate of FECODE, 8 February 2001, in the municipality of Arauca, Department of Arauca. The Attorney-General’s Office is making the necessary inquiries to locate the cases;
  98. (20) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches, Department of Santander. The Attorney-General’s Office is making the necessary inquiries to locate the cases in the Attorney-General’s Office;
  99. (21) Edgar Manuel Ramírez Gutiérrez, Vice-President of SINTRAELECOL, North Santander Branch, in Concepción, Department of North Santander, on 22 February 2001. He had been abducted by paramilitaries the previous day and had received threats because he was a prominent leader at the time of the crime. The Attorney-General’s Office reports that the responsible authority of the preliminary inquiries is the support unit of the National Human Rights Unit, Bucaramanga Section Directorate, File No. 1372. The investigation is currently active;
  100. (22) Jaime Orcasitas, Vice-President of SINTRAMIENERGETICA, in the Loma de Potrerillo coal mine, on 12 March 2001, in the same circumstances and conditions as the previous trade union official; his name, which is really Víctor Hugo Orcasitas, is included in the Colombian Government’s reply to the 327th Report of the Committee on Freedom of Association;
  101. (23) Andrés Granados, member of SINTRAELECOL, on 20 March 2001, in the municipality of Sabana, by paramilitaries. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in Barrancabermeja, Santander, on 20 March 2001. The investigation is being conducted by Prosecutor’s Office 8, Barrancabermeja Section, File No. 23082, and is at the examination of evidence stage;
  102. (24) Robinson Badillo, official of SINTRAEMSDES, in Barrancabermeja on 26 March 2001, by paramilitaries. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 6, Barrancabermeja Section, File No. 22773, and is at the preliminary stage. Present status: an inhibitory decision was delivered on 31 December 2001;
  103. (25) Mario Ospina, member of ADIDA-FECODE, in the municipality of Santa Bárbara, on 27 March 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the examination of evidence stage and is being conducted by the trade union investigations subunit in Special Prosecutor’s Office 16, Medellín, File No. 462966;
  104. (26) Frank Elías Pérez Martínez, member of ADIDA-FECODE, between the municipalities of Santa Ana and Granada, on 27 April 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the examination of evidence stage and is being conducted by the trade union investigations subunit in Special Prosecutor’s Office 19, Medellín, File No. 444852;
  105. (27) Darío de Jesús Silva, member of ADIDA-CUT, in the municipality of Sabaneta, on 2 May 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the examination of evidence stage and is being conducted by Prosecutor’s Office 132, Life Unit 3, Medellín, File No. 436463;
  106. (28) Juan Carlos Castro Zapata, member of ADIDA-CUT, in the municipality of Copacabana, 9 May 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage and is being conducted by the Prosecutor’s Office, Bello Section, File No. 461377. The Prosecutor’s Office reports that it has not so far been possible to show the link with ADIDA. However, it was stated that the death had no connection with trade union activity or membership of ADIDA;
  107. (29) Eugeniano Sánchez Díaz, President of SINTRACUEMPONAL, in the municipality of Codazzi, on 10 May 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the examination of evidence stage and is being conducted by Prosecutor’s Office 27, Codazzi Section. The Prosecutor’s Office is looking for the file number of the investigation;
  108. (30) Julio Alberto Otero, member of ASPU-CUT, in Santa Marta, on 14 May 2001, by paramilitaries. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the prosecution stage and is being conducted by Special Prosecutor’s Office 1, Santa Marta, File No. 23290. A person (now free) was arrested, tried on 23 May 2001, and immediately released because the legal procedures required by the law for his arrest had not been satisfied;
  109. (31) Henry Jiménez Rodríguez, member of SINTRAEMCALI, in Cali, on 25 May 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the examination of evidence stage and is being conducted by Prosecutor’s Office 14, Cali Section, Offences against Life Unit, File No. 425235;
  110. (32) Nelson Narváez, official of SINTRAUNICOL, in Montería on 29 May 2001, in the Department of Córdoba. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the prosecution stage and is being conducted by Prosecutor’s Office 1, Life Unit, Montería, File No. 19922;
  111. (33) Humberto Zárate Triana, member of SINTRAOFICIALES, in Villavicencio, on 5 June 2001, in the Department of Meta. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1110;
  112. (34) Gonzalo Zárate Triana, official of ASCODES, in Villavicencio, on 5 June 2001, in the Department of Meta. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1110;
  113. (35) Manuel Enrique Charris Ariza, member of SINTRAMIENERGETICA, in the municipality of Soledad, on 11 June 2001, Department of Atlántico. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the prosecution stage and is being conducted by Prosecutor’s Office 37, Barranquilla Section, File No. 97529. The Attorney-General’s Office also stated that on 20 March 2002, it was decided to prosecute the accused: Erwin Arturo Pérez Díaz was remanded in custody and Jorge Eliécer Urdaneta Camargo was released.
  114. (36) Edgar Thomas Angarita Mora, member of ASEDAR and FECODE, in the Department of Arauca, on 12 June 2001, after taking part in a barricade on the Vía Fortul Sarabena in protest against draft law 012. The necessary inquiries are in hand to locate the cases in the Attorney-General’s Office;
  115. (37) Germán Carvajal Ruiz, President of the executive subcommittee of SUTEV, Obando Branch, FECODE-CUT, on 6 July 2001, in the Department of Valle del Cauca. Because of his dedication to the trade union movement, he was declared a military target in the Department of Caquetá, for which reason he was forced to arrange his transfer to the Department of Valle del Cauca where he was finally executed. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage (examination of evidence) and is being conducted by Prosecutor’s Office 36, Cartago Section, File No. 1928;
  116. (38) Hugo Cabezas, member of SIMANA-FECODE, on 9 July 2001, in the Department of Nariño. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage (examination of evidence) and is being conducted by Special Prosecutor’s Office 1, Pasto Section, File No. 40395;
  117. (39) Luz Mila Rincón, activist in ANTHOC-CUT, on 16 July 2001, in the Department of Tolima, by paramilitaries together with other members of her family when they were searching for another family member in captivity. The Attorney-General’s Office reports that the murder of Mrs. Rincón appears to be listed, and is being investigated by Special Prosecutor’s Office 4, Ibagué, Ibagué Section Directorate, File No. 66159, at the preliminary stage. The investigation is currently active;
  118. (40) Obdulia Martínez, member of EDUCESAR-FECODE-CUT, was murdered in Chiriguana, Department of César, on 22 July 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage (examination of evidence) and is being conducted by Prosecutor’s Office 5 and Special Prosecutor’s Office 6, Valledupar, File No. 136160;
  119. (41) María Helena Ortiz, Special Prosecutor, member of ASONAL-CUT, on 28 July 2001, in the Department of Santander; her husband, Néstor Rodríguez, and her son were seriously wounded. An investigation is in progress, at the prosecution stage, conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), National Unit Directorate, File No. 1074. It is currently active. As to the trade union organization to which she belongs, the investigation has found no evidence that she is a member of any trade union;
  120. (42) Segundo Florentino Chávez, Secretary-General of the Union of Local Government Officials and Public Employees of the municipality of Dagua, on 13 August 2001, in the Department of Valle del Cauca. He had been the victim of numerous threats and had urgently requested the establishment of security arrangements for trade union officials. A scheme was approved on 10 July 2001, but subject to budgetary approval. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage (examination of evidence) and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1064. The Attorney-General’s Office reports that examination of evidence and judicial hearings were ordered by a decision of 13 February 2002;
  121. (43) Miryam de Jesús Ríos Martínez, member of ADIDA, on 16 August 2001, in the Department of Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently active, at the preliminary stage and is being conducted by Prosecutor’s Office 111, Marinilla Section, File No. 3344. The Attorney-General’s Office reports that an inhibitory decision was delivered on 26 April 2002;
  122. (44) Manuel Pájaro Peinado, Treasurer of the Barranquilla District Union of Civil Servants (SINDIBA), on 16 August 2001, in the Department of Atlántico. He had asked to be included in the Ministry of the Interior’s protection programme but had not received any reply. His murder occurred at a time when the trade union was making a series of protests against the application of Law No. 617 by the district administration, aimed at mass dismissals of workers. Appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  123. (45) Héctor Eduardo Cortés Arroyabe, member of ADIDA-CUT, disappeared on 16 August 2001 and was found dead on 18 August 2001, in the Department of Antioquia. According to the Attorney-General’s Office, the responsible authority is the Prosecutor’s Office, Barbosa Section, File No. 4097, preliminary stage, current status, inhibitory decision of 30 October 2002;
  124. (46) Fernando Euclides Serna Velásquez, member of the collective security scheme of national CUT in Bogotá, disappeared on 18 August 2001, and was found murdered the following day in the Department of Cundinamarca. He was a member of the CUT collective security scheme. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  125. (47) Evert Encizo, member of the Meta Teachers’ Association (ADEM-CUT), on 22 August 2001, in the Department of Meta. He was a teacher, head of the Reliquia school, working with forcibly displaced persons. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Villavicencio, File No. 53220;
  126. (48) Yolanda Paternina Negrete, member of ASONAL-CUT, on 29 August 2001, in the Department of Sucre. She was a special judge for public order matters and was responsible for numerous high-risk proceedings. According to the Attorney-General’s Office, Mrs. Paternina Negrete was Special Prosecutor 29, but it does not state whether or not she was a member of the National Association of Civil Servants and Judicial Employees (ASONAL-CUT). The Attorney-General’s Office reports that the murder investigation is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1079; stage – prosecution;
  127. (49) Miguel Chávez, member of ANTHOC-CUT, on 30 August 2001, in the Department of Cauca. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Special Prosecutor’s Office 3, Popayán, File No. 37411. It is currently at the examination of evidence stage;
  128. (50) Manuel Ruiz, CUT trade union official, on 26 September 2001, in the Department of Córdoba. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the Special Prosecutor’s Office, Medellín. However, the file number and status of the investigation is still being sought at present;
  129. (51) Ana Ruby Orrego, member of the El Valle Single Education Workers’ Trade Union (SUTEV-CUT), on 3 October 2001, in the Department of Valle del Cauca. The Attorney-General’s Office reports that an inhibitory decision was delivered on 26 April 2002;
  130. (52) Jorge Iván Rivera Manrique, member of the Risaralda Teachers’ Union (SER-CUT), on 10 October 2001, in the Department of Risaralda. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  131. (53) Ramón Antonio Jaramillo, official of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  132. (54) Luis López and Luis Anaya, President and Treasurer of the San Silvestre Union of Transport Drivers and Workers (SINCOTRAINDER-CUT), on 16 October 2001, in the Department of Santander. The Attorney-General’s Office reports that the responsible authority is Special Prosecutor 4, Bucaramanga, File No. 119945; stage – prosecution, responsible authority – Special Prosecutor 6, Bucaramanga, File No. 153265; stage – preliminary; current status – active;
  133. (55) Arturo Escalante Moros, member of USO, disappeared on 27 September 2001 and was found dead on 19 October 2001, in Barrancabermeja, Santander. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  134. (56) Luis José Mendoza Manjares, member of the executive board of the Trade Union Association of University Teachers (ASPU-CUT), on 22 October 2001, in the Department of César. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Special Prosecutor’s Office 6, Valledupar, File No. 138726. It is currently at the examination of evidence stage;
  135. (57) Martín Contreras Quintero, official and founder member of SINTRAELECOL-CUT, on 23 October 2001, in the Department of Sucre. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in the corregimiento of Pérez, in the municipality of Sampues, Department of Sucre. The investigation is active, at the prosecution stage and is being conducted by Special Prosecutor’s Office 2, Sincelejo, File No. 18970;
  136. (58) Carlos Arturo Pinto, member of the National Association of Civil Servants and Judicial Employees (ASONAL-CUT), on 1 November 2001, in Cúcuta, Department of North Santander. The Attorney-General’s Office reports the following: directorate – National Unit; responsible authority – National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1106; stage – preliminary; current status – active; organization: the investigation shows no evidence of any trade union membership;
  137. (59) Pedro Cordero, member of the Nariño Teachers’ Trade Union, on 9 November 2001, in the Department of Nariño. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Prosecutor’s Office 33, Tuquerres Section, File No. 1239. It is currently at the examination of evidence stage;
  138. (60) Luis Alberto Delgado, member of the Nariño Teachers’ Trade Union (SIMANA-CUT), on 10 November 2001. Mr. Delgado had been the victim of an attempted murder the previous day in the municipality of Tuquerres, Department of Nariño. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Prosecutor’s Office 33, Tuquerres Section, File No. 1239. It is currently at the examination of evidence stage;
  139. (61) Edgar Sierra Parra, member of ANTHOC-CUT, was abducted on 3 October 2001 in the municipality of Tame, Department of Aranca, and was found dead on 10 November 2001 in the municipality of Rondón, Department of Arauca, with signs of torture. The Attorney-General’s Office reports: crime – murder; Section Directorate – Cúcuta; responsible authority – Special Prosecutor, Arauca, File No. 808; stage – preliminary; current status – examination of evidence;
  140. (62) Tirso Reyes, member of the Bolívar Single Teachers’ Union (SUDEB-CUT), on 2 November 2001, in the Department of Bolívar. The Attorney-General’s Office reports: crime – murder, date and place: Bolívar, 12 November 2001; Section Directorate – Cartagena; responsible authority – Prosecutor 9 Life Section, File No. 86510; stage – preliminary; current status – active: organization – SUDEB-CUT;
  141. (63) Emiro Enrique Pava de la Rosa, official of the Magdalena Medio subcommittee of USO, on 13 November 2001, in the Department of Antioquia. The Attorney-General’s Office reports: crime – murder; date and place – Puerto Triunfo Antioquia, 13 November 2001; Section Directorate – Medellín; responsible authority – Prosecutor 24, Life Section; File No. 1895; stage – preliminary; current status – inhibitory decision, 28 June 2002;
  142. (64) Diego de Jesús Botero Salazar, trade unionist in Valle del Cauca, prosecutor in the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES-CUT), Cafetero-Pereira-Cartago area subcommittee, on 14 November 2001, in Valle del Cauca. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Prosecutor’s Office 17, Cartago Section, File No. 8917SG. It is currently at the examination of evidence stage;
  143. (65) Gonzalo Salazar, President of the Single Union of Policemen of Colombia, SINUVICOL-CUT, on 24 November 2001, in Cali. The Attorney-General’s Office reports: crime – murder (it was established that the intention was to hurt him); date and place – Cali-Valle, 24 November 2001; Section Directorate – Cali; responsible authority – Prosecutor 46, Cali Section; File No. 455582; stage – trial sentence awaited; current status – active;
  144. (66) Jorge Eliécer González, President of the Natagaima Branch of ANTHOC-CUT, was abducted and murdered on 25 November 2001, with signs of severe torture, in the Department of Tolima. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the prosecution stage and is being conducted by Prosecutor’s Office 7a, Ibagué Section, File No. 70701. Two persons are currently connected, one accused with an arrest warrant in force and another in custody, by decision of 29 July 2002;
  145. (67) Javier Cote, Treasurer of the National Association of Civil Servants and Judicial Employees (ASONAL-CUT), on 3 December 2001, in the Department of Magdalena. The Attorney-General’s Office reports on the murder of Mr. Cote: crime – murder; date and place – Santa Marta, Magdalena, 1 December 2001; Section Directorate – National Human Rights Unit and International Humanitarian Law Unit (DIH); responsible authority – National Unit; File No. 1123; stage – preliminary; current status – active;
  146. (68) Enrique Arellano, the bodyguard of the above, found dead at the beginning of December 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, they were murdered in the corregimiento of Pava between Vizo and María la Baja, Department of Magdalena, on 5 December 2001. The investigation is active, at the prosecution stage and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1117. The Attorney-General’s Office also reported that, on 25 January 2002, the prosecution against three persons was opened for murder of a protected person together with aggravated abduction for ransom and conspiracy to commit crimes;
  147. (69) Francisco Eladio Sierra Vásquez, President of the executive committee of the Andean Branch of the Antioquia Union of Municipal Officials (SINTRAOFAN-CUT). The members of the executive committee had been summoned to a meeting by the Self-defence Groups of Colombia (AUC) in Farallones de Bolívar (Department of Antioquia). At that meeting, each of the officials was called by name and interrogated about his function in the trade union and his union responsibilities, after which Mr. Sierra Vásquez was taken away and murdered. At the same meeting, the commander, “Manuel”, a member of that paramilitary organization, interrogated and questioned José David Taborda, a second member of the central executive committee. All the members of the committee are constantly threatened. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Medellín, File No. 43. It is at the preliminary stage, examination of evidence and is currently active;
  148. (70) Edgar Herrán, President of the National Union of Drivers (SINDINALCH), Villavicencio Branch, on 26 December 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), Villavicencio, File No. 61916. An order was made on 16 April 2002 to take statements from witnesses and others;
  149. (71) Carlos Alberto Bastidas Corral, member of the Nariño Teachers’ Union (SIMANA-CUT), on 8 January 2002, in the municipality of Aldana, Department of Nariño. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Prosecutor’s Office 22, Pasto Section, File No. 871, and is currently at the examination of evidence stage;
  150. (72) Luis Alfonso Jaramillo Palacios, delegate of the Medellín Branch of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES-CUT), on 11 January 2002, in Medellín, Department of Antioquia, murdered for defending workers. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Prosecutor’s Office, Life Unit 1, Medellín, File No. 525496, and is currently at the examination of evidence stage;
  151. (73) Enoc Samboni, CUT official, on 12 January 2002, in the Department of Cauca, by paramilitaries who stole his trade union papers. Enoc Samboni was involved in the protection programme of the Ministry of the Interior and the Inter-American Human Rights Commission of the Organization of American States, and had asked for protection measures. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Cali, File No. 474220, and is currently at the preliminary stage. His connection with the CUT has yet to be established. According to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002” provided by the Ministry of the Interior, programme of protection of witnesses and threatened persons, there was no request for protection measures by Mr. Enoc Samboni, thus he was not a beneficiary of the protection measures actually provided during 2001 and 2002;
  152. (74) Sol María Ropero, former President of the Community Mothers Trade Union (SINDIMACO-CUT), on 16 January 2002, in Cúcuta, by paramilitary groups. Mrs. Ropero was noted for her hard work in support of the human rights of workers and children and had received several death threats. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is active, at the preliminary stage and is being conducted by Prosecutor’s Office 6, Life Unit, Cúcuta, File No. 42501. It is currently at the examination of evidence stage;
  153. (75) Jaime Ramírez, member of the Antioquia Trade Union of Public Officials and Employees (SINTRAOFAN), on 2 June 2001, in Antioquia, by paramilitaries. Prosecutor’s Office 31, El Santuario, Antioquia, is conducting the preliminary inquiries, File No. 2782. An order was made on 16 August 2001 to transfer the investigation to the Special Prosecutor’s Office in Medellín;
  154. (76) Armando Buitrago Moreno, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), on 6 June 2001. The Attorney-General’s Office reports that it is making the necessary inquiries to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established. His connection with ASONAL remains to be established;
  155. (77) Julían Ricardo Muñoz, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), on 6 June 2001, in Bogotá. The Attorney-General’s Office reports that it is making the necessary inquiries to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established. His connection with ASONAL remains to be established;
  156. (78) Carlos Alberto Vidal Hernández, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), on 11 June 2001, in Bogotá. In the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the murder of Mr. Vidal Hernández is recorded as follows: crime – murder; date and place – Bogotá D.C., 11 June 2001; Direction – National Unit; responsible authority – National Human Rights Unit and International Humanitarian Law Unit (DIH); File No. 1039; stage – prosecution; current status – active; organization – the investigation shows no evidence that he belonged to any trade union;
  157. (79) Edgar Thomas Angarita Mora, activist of the Arauca Teachers’ Association (ASEDAR), on 11 June 2001, in Barrancones. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established;
  158. (80) Fabio Eliécer Guio García, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), on 19 June 2001, in Neiva, by the FARC. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1044, and is currently at the prosecution stage. His connection with ASONAL has yet to be established;
  159. (81) Luz Marina Torres, Risaralda Teachers’ Trade Union, on 22 June 2001, in Risaralda. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, in view of the public order circumstances, the investigation was reassigned from the Gaula on 16 August 2001 to Special Prosecutor’s Office 3, Pereira, File No. 976. The investigation is currently at the prosecution stage;
  160. (82) Cristóbal Uribe Beltrán, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC), on 28 June 2001, in Tibu, by paramilitaries. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established;
  161. (83) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 2 July 2001, in Antioquia, by guerrilla forces. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established. His connection with ASONAL has yet to be established;
  162. (84) William Mario Upegui Tobón, member of the Antioquia Teachers’ Association, on 9 July 2001, in Antioquia. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the trade union investigations subunit, Special Prosecutor’s Office 16, Medellín, File No. 469862. The investigation is currently at the examination of evidence stage;
  163. (85) Luciano Zapata Agudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 10 July 2001. Natural death from osteoplasmosis in Medellín in 2001;
  164. (86) Hernando Jesús Chica, activist of the Trade Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES), on 13 July 2001, by paramilitaries. The Attorney-General’s Office reports the following: crime – murder; date and place – La Ceja, Antioquia, 13 July 2001; Section Directorate – Medellín; responsible authority – special terrorism prosecutor 14; File No. 451-359; stage – preliminary; current status – active;
  165. (87) Margort Pisso Rengifo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 17 July 2001, in Popayán. The Attorney-General’s Office reports the following: crime – none, death from natural causes; date and place – Popayán, Cauca, 16 June 2001; responsible authority – Section Prosecutor concerned;
  166. (88) Ramón Chaverra Robledo, member of the Union of Local Government Officials and Public Employees of Antioquia, SINTRAOFAN, on 19 July 2001, in Antioquia, by paramilitaries. The Attorney-General’s Office reports the following: crime – murder; date and place – city of Bolívar, Antioquia; Section Directorate – Medellín; responsible authority – Special Prosecutor 16; File No. 483-453; stage – preliminary;
  167. (89) Fidel Seguro, member of the Union of Local Government Officials and Public Employees of Antioquia (SINTRAOFAN), on 19 July 2001, in Antioquia, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by the trade unions investigations subunit, Special Prosecutor’s Office 16, Medellín, File No. 483453. The investigation is currently at the examination of evidence stage;
  168. (90) Hernando Arcila Ramírez, member of Guaviare Teachers’ Association (ADEG), on 1 August 2001 in the Department of Guaviare. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently at the preliminary stage, examination of evidence, and is being conducted by Special Prosecutor’s Office 15, San José del Guaviare, File No. 52579;
  169. (91) Luz Ampara Torres Agudelo, member of the Antioquia Teachers’ Association (ADIDA), on 2 August 2001, in Antioquia. The Attorney-General’s Office reports the following: crime – murder; date and place – Frontino, Antioquia, 2 August 2001; Section Directorate – Medellín; responsible authority – prosecutor, Frontino Section; File No. 1139; stage – preliminary; current status – active;
  170. (92) Efraín Toledo Guevara, member of the Caquetá Teachers’ Association (AICA), on 5 August 2001, in Caquetá. The Attorney-General’s Office reports the following: crime – murder; date and place – Caquetá, 5 August 2001; Section Directorate – Florencia; responsible authority – Prosecutor’s Office 40, Florencia Section; File No. 17175; stage – preliminary; current status – suspended;
  171. (93) Nancy Tez, activist of the El Valle Single Union of Education Workers (SUTEV), on 5 August 2001, in Valle del Cauca, by paramilitaries. The Attorney-General’s Office reports the following: crime – murder; date and place – Florida, Valle, 5 August 2001; Section Directorate – Cali; responsible authority – Prosecutor’s Office 137, Florida Section; File No. 407487; stage – preliminary; current status – active; organization – to be confirmed;
  172. (94) Jorge Antonia Alvarez Vélez, member of the Single Union of Workers in the Construction Materials Industry (SUTIMAC), on 6 August 2001, in Antioquia. The Attorney-General’s Office reports that the murder investigation is at the preliminary stage and is being conducted by the Prosecutor’s Office, Santa Bárbara Section, File No. 1702. It is currently at the examination of evidence stage. The Prosecutor’s Office has not yet established the role he played within the trade union;
  173. (95) Angela Andrade, activist of the Union of Workers in Children’s Homes, on 6 August 2001, in Nariño, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is currently at the preliminary stage, examination of evidence, and is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), File No. 1170;
  174. (96) José Padilla Morales, member of the César Teachers’ Association, on 8 August 2001, in Aguachica. The Attorney-General’s Office reports the following: crime – murder; date and place – Aguachica, César, 8 August 2001; Section Directorate – Valledupar; responsible authority – Prosecutor’s Office 20; File No. 8665; stage – preliminary; current status – inhibitory decision of 22 February 2002;
  175. (97) Luis Pérez Ríos, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 9 August 2001, in Quindío. The Attorney-General’s Office reports the following: crime – culpable homicide; date and place – Calarcá, Quindío, 9 August 2001; Section Directorate – Armenia; responsible authority – Prosecutor’s Office 10, Calarcá Section; File No. 8013-10; stage – preliminary; current status – inhibitory decision of 25 February 2002;
  176. (98) Hugo López Cáceres, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 14 August 2001, in Barranquilla. The Attorney-General’s Office reports the following: crime – the death was due to pneumonia and not violent causes; date and place – Barranquilla, Atlántico, 14 August 2001;
  177. (99) Gloria Isabel García, member of the Risaralda, Teachers’ Union (SER), on 16 August 2001, in Risaralda. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the Prosecutor’s Office, Pereira Section, File No. 806. The Prosecutor’s Office also reports that on 9 November 2001 a no-show was declared. On 10 January 2002, remand in custody was ordered. On 8 April 2002 the investigation was ordered closed;
  178. (100) Miryam de Jesús Ríos Martínez, member of the Antioquia Teachers’ Association, on 16 August 2001, in Antioquia. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the murder investigation is being conducted by Prosecutor’s Office 111, Marinilla Section, Medellín, File No. 3344. The Prosecutor’s Office reports that an inhibitory decision was delivered on 26 April 2002;
  179. (101) Ricardo Monroy Marín, official of the Incora Union of Workers (SINTRADIN), on 25 August 2001, in Tolima. Concerning the murder investigation, the Attorney-General’s Office reports the following: crime – murder; date and place – road from Ataco to Coyaima, 25 August 2001; Section Directorate – Ibagué; responsible authority – Prosecutor’s Office 29, Purificación Section; File No. 3106; stage – preliminary; current status – active;
  180. (102) Jorge Freite Romero, member of the Atlántico University Retirees’ Association (ASOJUA), 29 August 2001, murdered in Ciénaga, Department of Magdalena, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, concerning the investigation into the murder of Mr. Freite Romero, the Prosecutor’s Office reports the following: crime – abduction and aggravated homicide; date and place – Ciénaga, Magdalena, 28 August 2001; Section Directorate – National Unit; responsible authority – National Human Rights Unit and DIH; File No. 1096; stage – preliminary; current status – active; organization – the investigation has revealed no evidence that he belonged to any trade union;
  181. (103) Rafael Pineda, president of the Barbosa Section of the Bank Employees’ Union (UNEB), on 8 September 2001, in Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the National Human Rights Unit, File No. 1086, and is at the prosecution stage. The Prosecutor’s Office also reports that, on 25 January 2002, a no-show was declared for Leonardo Ortiz González alias “Nardo”, accused of murder, personal assault and manufacture, trafficking and carrying firearms or munitions;
  182. (104) Juan Eudes Molina Fuentes, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 9 September 2001, in Guajira. The Attorney-General’s Office reports that it was a case of culpable homicide in a traffic accident on 9 November 2001;
  183. (105) Luis Alfonso Aguirre, activist of the Single National Union of Workers in the Mining, Energy, Metallurgical, Chemical and Allied Industries of Colombia (FUNTRAENERGETICA), on 10 September 2001, in Antioquia. The Attorney-General’s Office reports that the investigation is being conducted by Special Prosecutor 16, Medellín, File No. 559928, and is at the preliminary stage, currently examination of evidence;
  184. (106) Juan Diego Londoño Restrepo, secretary of the Continental Ceramics Workers’ Trade Union, on 11 September 2001, in Antioquia, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Special Prosecutor 14, Medellín, and is at the preliminary stage. On 6 February 2002, the prosecutor opened proceedings and ordered the Rionegro criminal police investigation unit to undertake the examination of the evidence;
  185. (107) Hernando de Jesús Montoya Urrego, activist of the Antioquia Teachers’ Association (ADIDA), on 13 September 2001, in Antioquia, by paramilitaries. The Attorney-General’s Office reports the following concerning this murder: crime – homicide; date and place – Granada, Antioquia, 13 September 2001; Section Directorate – Medellín; responsible authority – Prosecutor’s Office, Santuario Section, File No. 3065; stage – preliminary; current status – active;
  186. (108) Yolanda Cerón Delgado, member of the Nariño Teachers’ Union (SIMANA), on 18 September 2001, in Nariño, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the National Human Rights Unit and International Humanitarian Law Unit (DIH), Cali, File No. 1190. It is currently active, at the preliminary stage (examination of evidence);
  187. (109) Juan David Corzo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 20 September 2001, in Cúcuta, by paramilitaries. The Attorney-General’s Office reports that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. Thus the authority conducting the investigation, the file number and its status cannot be established. His connection to ASONAL also remains to be established;
  188. (110) Jenny Romero Rojas, ANTHOC, on 23 September 2001, in Meta. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is at the preliminary stage and is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Villavicencio, File No. 62116. It is currently at the examination of evidence stage;
  189. (111) Cervando Lerma, member of the Petroleum Industry Workers’ Trade Union (USO), on 10 October 2001, in Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in Barrancabermeja, Santander, on 10 October 2001. The investigation is at the preliminary stage and is being conducted by Prosecutor’s Office 8, Barrancabermeja Section, File No. 24701. It is currently at the examination of evidence stage;
  190. (112) Jesús Agreda Zambrano, activist of the Nariño Teachers’ Union (SIMANA), on 20 October 2001, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in the municipality of Sandoná, Department of Nariño, on 20 October 2001. The investigation is at the preliminary stage and is being conducted by Prosecutor’s Office 2, Pasto Section, File No. 42969. It is currently at the examination of evidence stage;
  191. (113) Expedito Chacón, ANTHOC, on 24 October 2001, in Santander. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in the municipality of Socorro, Santander, on 24 October 2001. The investigation into the incident is at the preliminary stage (evidence) and is being conducted by the National Human Rights Unit, File No. 1124. By a decision of 9 and 10 May 2002, a statement was taken from two persons;
  192. (114) Luz Carmen Preciado, activist of the Nariño Teachers’ Union (SIMANA), on 30 November 2001, in Nariño, by the FARC. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is being conducted by Prosecutor’s Office 29, Tumaco Section, File No. 768. It is currently suspended. The Prosecutor’s Office reports that suspension was ordered on 19 June 2002;
  193. (115) Santiago González, SIMANA, on 30 November 2001, in Nariño, by the FARC. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is being conducted by Prosecutor’s Office 29, Tumaco Section, File No. 768. It is currently suspended. The Prosecutor’s Office reports that suspension was ordered on 19 June 2002;
  194. (116) José Raúl Orozco, President of the Continental Ceramic Workers’ Union, on 14 December 2001, in Antioquia, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he was murdered in Carmen de Viboral, Department of Antioquia, on 14 December 2001. The investigation is active and is being conducted by Special Prosecutor’s Office 14, Medellín, File No. 508440-560739, and is at the preliminary stage. On 15 May 2002, the Special Prosecutor’s Office 14, Medellín, opened proceedings and ordered the Rionegro criminal police to examine the evidence;
  195. (117) Jairo Antonio Chima, SINTRAEMSDES, on 22 December 2001, in Antioquia, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active and is being conducted by the trade union investigations subunit, Special Prosecutor’s Office 14, Medellín, File No. 540143, and is at the preliminary stage, currently examination of evidence;
  196. (118) Eduardo Alfonso Suárez Díaz, delegate of the Petroleum Industry Workers’ Trade Union (USO), on 23 December 2001, in Antioquia, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active and is being conducted by Prosecutor’s Office 6, Barrancabermeja Section, File No. 25474. It is currently at the examination of evidence stage;
  197. (119) Bertilda Pavón, member of ANTHOC, on 2 January 2002, in Valledupar, by paramilitaries. The Attorney-General’s Office reports that the investigation is being conducted by Prosecutor’s Office 17, Life Unit, Section Directorate (DSF), Valledupar, and is currently at the trial stage, File No. 140678;
  198. (120) Carlos Arturo Alarcón, member of the Antioquia Teachers’ Association (ADIDA), on 12 January 2002, in Antioquia. There is no record of homicide in the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights. However, his abduction is recorded in Medellín, Antioquia, 12 January 2002. Shortly after his abduction, on 6 February 2002, he was released at a place between Yarumal and the corregimiento of Cedeño, Antioquia. In this respect, the Attorney-General’s Office reports that there was no indication that the case had been received in the assigning office of the Section Directorate (DSF) in Medellín. The same report of the Attorney-General’s Office also records the murder of a namesake, Arturo Alarcón, a member of ASOINCA, in the corregimiento of Piendamó, in the municipality of Santander de Quilichao, Department of Cauca, on 18 January 2001. He was a schoolteacher in Llanito. On this murder, the Attorney-General’s Office reports that there is no investigation into the incident. The subunit made inquires in the section Prosecutor’s Office and the local Technical Group (CTI), Piendamó, but there is no information on the matter. Inquiries were also made of the URI registry, with negative results;
  199. (121) Rubén Arenas, member of the Antioquia Teachers’ Association (ADIDA), on 16 January 2002, in Antioquia. The Attorney-General’s Office reports that the preliminary investigation is being conducted by Special Prosecutor’s Office 16, Medellín Section, Section Directorate (DSF), Valledupar, File No. 623793. The investigation is currently active;
  200. (122) Carmen Elena García Rodríguez, organization secretary of the Municipal Executive Board of the César Health Union (SIDESC), shot dead when she was leaving her work at the Eduardo Arredondo Daza Hospital in Valledupar, on 29 January 2002. The investigation is being conducted by Special Prosecutor’s Office 8, Valledupar, File No. 141139. The current status of the investigation is that it is closed, the Attorney-General’s Office reporting that an inhibitory decision was made by a decision of 16 October 2002;
  201. (123) Jairo Alonso Giraldo, activist of the Antioquia Teachers’ Association, on 1 February 2002, in Antioquia. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Special Prosecutor 19, Medellín, File No. 549670. It is currently at the examination of evidence stage;
  202. (124) Gloria Eudilia Riveros Rodríquez, teacher at the Inocencio Chincá College in the municipality of Tame, in a FARC attack on the municipal police station, on 2 February 2002. The Attorney-General’s Office reports that an active investigation is being conducted by Special Prosecutor’s Office 3, Section Directorate (DSF), Cúcuta, File No. 50374;
  203. (125) Oscar Jaime Delgado Valencia, teacher at the Camilo Torres de Armenia College, Department of Quindío, shot dead on 4 February 2002. The Attorney-General’s Office reports that the preliminary inquiries in the investigation were conducted by Prosecutor’s Office 3, Life Unit, Section Directorate (DSF), Armenia, and that the case is currently at the trial stage, File No. 42315;
  204. (126) Oswaldo Enrique Borja Martínez, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 29 January 2002, in Sucre, by paramilitaries. According to information provided by the Attorney-General’s Office, the investigation could not be found in the assignments office of the Prosecutor’s Office, Valledupar Section Directorate. More information about the facts is needed;
  205. (127) Henry Mauricio Neira, member of ANTHOC, on 7 February 2002, in Arauca, Department of Arauca. The Attorney-General’s Office reports that the preliminary inquiries in the investigation are being conducted by the Prosecutor’s Office 3, Section Directorate (DSF), Saravena Section, Cúcuta, File No. 3438;
  206. (128) Nohora Elsy López, official of the National Union of Childcare Workers in Welfare Homes, on 7 February 2002, in Antioquia, by paramilitaries. According to communication No. 074110, of 18 September 2002, from Mr. Fernando Walter Torres Montoya, administrative coordinator of the Medellín Family Welfare Institute (ICBF), received by the Human Rights Office in the Ministry of Labour and Social Security on 30 September 2002, and following a full review of the existing files, it was found that Mrs. Nohora Elsy López was not an official of the Antioquia regional ICBF. She could therefore not have been a trade union official in that entity. The Attorney-General’s Office found no record of an investigation conducted in any of its sections in the country into the murder of Mrs. Nohora López;
  207. (129) Julio Galaneo, community leader and former employee of EMCALI, shot dead on 11 February 2002. His wife, also a trade union activist, escaped unhurt from the attack. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into homicide is being conducted by Prosecutor’s Office 26, Crimes against Life Unit, Cali Section, File No. 470844, and is at the preliminary stage, currently examination of evidence. His trade union membership has yet to be established;
  208. (130) Angela María Rodríquez Jaimes, member of the Santander Teachers’ Union (SES-CUT), in the municipality of Piedecuesta, Department of Santander, shot dead on 12 February 2002. The Attorney-General’s Office reports that the preliminary inquiries in the investigation are being conducted by the Special Prosecutor’s Office 4, Section Directorate (DSF), Bucaramanga, File No. 123084;
  209. (131) Néstor Rincón Quinceno, Risaralda Teachers’ Union, on 14 February 2002. The Attorney-General’s Office reports that investigation is active, at the preliminary stage and is being conducted by the Prosecutor’s Office, Pereira Section, File No. 3208. It is currently at the examination of evidence stage;
  210. (132) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002, in Tolima, by paramilitaries. According to the information provided by the Attorney-General’s Office, it was not possible to find the investigation in the assignments office of the Section Directorate (DSF), Cundinamarca and the Prosecutor’s Office, Girardot Section. More information is required as to the facts;
  211. (133) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002, in Tolima, by paramilitaries. According to the information provided by the Attorney-General’s Office, it was not possible to find the investigation in the assignments office of the Section Directorate (DSF), Cundinamarca, and the Prosecutor’s Office, Girardot Section. More information is required as to the facts;
  212. (134) Barqueley Ríos Mena, member of the Antioquia Teachers’ Association, on 16 February 2002, in Antioquia. The Attorney-General’s Office reports that the preliminary inquiries into the murder investigation are being conducted by the El Santuario Unit, Section Directorate (DSF), Antioquia, File No. 3360;
  213. (135) Juan Manuel Santos Rentería, member of the Antioquia Teachers’ Association, on 16 February 2002, in Antioquia. The Attorney-General’s Office reports that the preliminary inquiries into the murder investigation are being conducted by the El Santuario Unit, Section Directorate (DSF), Antioquia, File No. 3360;
  214. (136) Fernando Cabrales, President of the National Haulage Federation, on 18 February 2002, in Valle del Cauca, by paramilitaries. The Attorney-General’s Office reports that the preliminary inquiries into the murder investigation are being conducted by the Prosecutor’s Office 27, Life Unit, DSF, Cali, File No. 471663;
  215. (137) José Wilson Díaz, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 21 February 2002, in the municipality of Macarena, Department of Meta, by the FARC. According to the information provided by the Attorney-General’s Office, it was not possible to find the investigation in the assignments office of the Section Directorate (DSF), Cundinamarca, and the Prosecutor’s Office, Villavicencio Section. More information is required as to the facts;
  216. (138) Cecilia Gallego, Secretary for Women’s Affairs of the Executive Committee of Colombian Farmers’ Action (ACC), in the municipality of Macarena, on 25 February 2002. According to memorandum No. 001 sent by Dr. Jaime Martínez Pico, labour and social security inspector in Granada, Meta, on 9 January 2003, to the Human Rights Office of the Ministry of Labour and Social Security, for relevant legal purposes, I can inform your office that, after a thorough review of this office’s files, no record was found of a trade union registration for the Colombian Farmers’ Action union in the municipality of Macarena. This is in response to the telephone request by the territorial director of the Ministry of Labour in Meta. Thus, in the light of the foregoing, the Colombian Government requests that more information should be provided on the trade union connections of Mrs. Cecilia Gallego, and the facts of her murder, so that further information can be provided in respect of this case;
  217. (139) Hugo Ospina Ríos, member of the Risaralda Teachers’ Union (SER), on 26 February 2002, in Risaralda. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into homicide is being conducted by Prosecutor’s Office 6, Life Unit, Pereira, File No. 74765. A person was charged in his absence on 24 April 2002 and the legal situation was resolved by an arrest warrant on 21 June 2002. He was captured in Cali on 8 August 2002 and charged. The evidence is currently being examined;
  218. (140) Marcos Antonio Beltrán, activist of SUTEV, on 1 March 2002, in Valle del Cauca. According to the information provided by the Attorney-General’s Office, the Coordinator of the Palmira Unit states that no investigation is being conducted into this incident and suggests that further information on the facts should be provided;
  219. (141) Juan Montiel, member of the Ciénaga subcommittee of the National Union of Farmworkers (SINTRAINAGRO), Department of Magdalena, on 5 June 2002. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Special Prosecutor’s Office 2, Santa Marta, File No. 30436. The investigation is currently at the examination of evidence stage. On 21 August 2002, a report of the mission requested from the Administrative Security Department (DAS) was received;
  220. (142) Emilio Villeras Durán, member of the Ciénaga subcommittee of the National Union of Farmworkers (SINTRAINAGRO), Department of Magdalena, on 5 June 2002. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is active, at the preliminary stage and is being conducted by Special Prosecutor’s Office 2, Santa Marta, File No. 30435. The investigation is currently at the examination of evidence stage. On 8 August a report was received from DAS on the high risk involved in the mission requested of the DAS;
  221. (143) Alirio Garzón Córdoba, member of the National Union of Workers in the Registry of Births, Marriages and Deaths (SINTRAREGINAL), on 10 March 2002, in Huila. The Attorney-General’s Office reports that the preliminary inquiries into the murder are being conducted by Special Prosecutor’s Office 5, Neiva Section Directorate, File No. 51170;
  222. (144) Carlos Alberto Molano, SINTRAREGINAL, on 10 March 2002, in Huila. The Attorney-General’s Office reports that the preliminary inquiries into the murder are being conducted by Special Prosecutor’s Office 5, Neiva Section Directorate, File No. 51170;
  223. (145) Eduardo Chinchilla Padilla, activist of the Union of Workers in the Oil Palm and Related Industries (SINTRAPALMA-CUT), on 11 March 2002. The murder of Mr. Chinchilla Padilla in the municipality of Puerto Wilches, Department of Santander, is listed in the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights. However, the date of the incident, the authority conducting the investigation, file number and status of the investigation are not recorded. The Attorney-General’s Office reports that this data remains to be located;
  224. (146) Luis Omar Castillo, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), at the Río Bobo Electricity Generating Station, in the Department of Nariño, on 20 March 2002, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 4, Pasto Section, File No. 50498, and is at the preliminary stage. Those inquiries were initiated on 2 April 2002. Various evidence has been obtained, tasks have been assigned to the Technical Group (CTI), there has been a reply from the police authorities, but it has not been possible so far to establish the motives or identify those responsible;
  225. (147) Juan Bautista Cevallos, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), at the Río Bobo Electricity Generating Station, in the Department of Nariño, on 20 March 2002, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 4, Pasto Section, File No. 50498, and is at the preliminary stage. Those inquiries were initiated on 2 April 2002. Various evidence has been obtained, tasks have been assigned to the Technical Group (CTI), there has been a reply from the police authorities, but it has not been possible so far to establish the motives or identify those responsible;
  226. (148) Ernesto Alfonso Giraldo Martínez, prosecutor for the Antioquia Teachers’ Association (ADIDAS-CUT), was shot and seriously wounded on 21 March 2002. On 22 March, when he was being transferred to the San Vicente Hospital in Medellín, he was taken from the ambulance and murdered by the FARC. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is being conducted by Special Prosecutor’s Office 19, Medellín, File No. 549670, and is at the preliminary stage. The investigation is currently active and at the examination of evidence stage;
  227. (149) Alfredo Zapata Herrera, official of the Single Union of Workers in the Construction Materials Industry, Santa Bárbara Branch (SUTIMAC-CUT), was abducted on 2 April and found dead on 3 April in Santa Bárbara; the trade union is being threatened by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the incident is being conducted by Special Prosecutor’s Office 23, Medellín, File No. 559892, and is at the preliminary stage. The investigation is currently active and at the examination of evidence stage;
  228. (150) Oscar Alfonso Jurado, official of the Union of Chemical Industry Workers, Yumbo Branch, Department of El Valle, on 8 April 2002, by extreme right-wing groups. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 21, Cali Section, File No. 481115 and is at the preliminary stage, currently examination of evidence. His connection with the Union of Chemical Industry Workers, Yumbo Branch, remains to be established;
  229. (151) Hernán de Jesús Ortiz, member of the national executive of the Single Confederation of Workers of Colombia, on 12 April 2002, in Celda, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the third prosecutor to the Manizales High Court, File No. 62144140, and is at the preliminary stage. At 25 June 2002, inquiries were being conducted to establish the character and identity of the material authors and other accessories to the incident, in coordination with the DAS and the Technical Group (CTI), Manizales Section, where it is sought to open judicial proceedings;
  230. (152) José Robeiro Pineda, former official of SINTRAELECOL, on 12 April 2002, in Celda, by paramilitaries. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the third prosecutor to the Manizales High Court, File No. 62144140 and is at the preliminary stage. At 25 June 2002, inquiries were being conducted to establish the character and identity of the material authors and other accessories to the incident, in coordination with the DAS and the Technical Group (CTI), Manizales Section, where it is sought to open judicial proceedings. According to the Prosecutor’s Office, Mr. Pineda was a member of EDUCAL-Caldas, but his office remains to be established.
    • Abductions and disappearances
  231. (1) Alexander Cardona, USO official. According to the Attorney-General’s Office, the investigation is being conducted by the Special Prosecutor’s Office, Gaula-Santander, in Bucaramanga, File No. 14502, and is at the preliminary stage, currently examination of evidence. In the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, there is no record of the exact date of the incident and the trade union organization remains to be established;
  232. (2) Walter Arturo Velásquez Posada, of the Nueva Floresta School, in the municipality of El Castillo, in the El Ariari Educational District, Department of Meta. The Attorney-General’s Office reports in respect of the investigation that appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. Mr. Velásquez Posada’s connection with the trade union and his office still remain to be established;
  233. (3) Roberto Cañarte M., member of SINTRAMUNICIPIO, Bugalagrande, in the Paila Arriba estate (Valle). The investigation is being conducted by Special Prosecutor’s Office, Buga, File No. 21338, and is at the preliminary stage. By an order of 9 January 2002, a date was fixed for the exhumation of Mr. Roberto Cañarte, but this could not be carried out because it was not possible to travel to the municipality of Bugalagrande;
  234. (4) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, city of Cali. The investigation was initially conducted by the Cali trade union subunit, but the Cali Special Prosecutor’s Office reports that there is at present no investigation in progress into the incident. His trade union and the office he held have yet to be established;
  235. (5) Cristina Echeverri Pérez, member of EDUCAL-CUT, on 1 July 2001, near the town of Manizales. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the authority conducting the investigation is the second prosecutor to the Gaula-Caldas, Manizales, and is at the preliminary stage. This Prosecutor’s Office commenced preliminary inquiries related to this abduction on 3 July 2001. Evidence has been examined with a view to identifying possible authors;
  236. (6) Jesús Alfonso Mejía Urión, member of ADUCESAR-FECODE-CUT, disappeared on 4 July 2001. The investigation is being conducted by Special Prosecutor’s Office 5 and 6, Valledupar, File No. 764, and is at the preliminary stage, currently examination of evidence;
  237. (7) Jairo Tovar Díaz, member of ADUCESAR-FECODE-CUT, on 29 July 2001, in the outskirts of the municipality of Galeras. The investigation is being conducted by Prosecutor’s Office 16, Sincelejo Section, File No. 16950;
  238. (8) Julio Enrique Carrascal Puentes, member of the national executive committee of CUT, abducted on 10 August 2001, in the municipality of María la Baja, Department of Bolívar. According to the Attorney-General’s Office, he was released on 20 August 2001 and, with respect to the investigation into the abduction, all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  239. (9) Winston Jorge Tovar Mesa, member of ASONAL-CUT, abducted near the municipality of Dagua, Department of Valle del Cauca, on 20 August 2001. According to the Attorney-General’s Office, all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  240. (10) Alvaro Alberto Agudel Usuga, member of ASONAL-CUT, disappeared on 20 August 2001. The Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  241. (11) Jorge Feito Romero, member of the Association of Pensioners of the University of Atlántico (ASOJUA), on 28 August 2001. On the investigation into the abduction, the Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  242. (12) Alvaro Laiton Cortés, President of the Boyacá Teachers’ Union, on 2 September 2001, released shortly after being abducted. On the investigation into the abduction, the Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  243. (13) Marco Tulio Agudero Rivero, ASONAL-CUT, in the municipality of Cocorna, Department of Antioquia, on 5 October 2001. On the investigation into the abduction, the Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  244. (14) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001. On the investigation into the abduction, the Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  245. (15) Jorge Enrique Posada, member of ASONAL, on 5 November 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the authority conducting the investigation into the abduction is the Special Prosecutor’s Office, Medellín, Section Directorate (DSF), Antioquia, and is at the preliminary stage, examination of evidence. The Prosecutor’s Office reports that, in a telephone conversation, Jorge Enrique Posada said that he had not been a member of the National Association of Civil Servants and Judicial Employees (ASONAL);
  246. (16) Jhon Jaimes Salas Cardona, delegate of ADIDA-CUT, on 26 November 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the authority conducting the investigation into the disappearance of Mr. Salas Cardona is the Prosecutor’s Office unit attached to the rural Gaula, Antioquia, fourth brigade, File No. 1930 and is at the preliminary stage. The Prosecutor’s Office reports that the investigation began in the Prosecutor’s Office unit attached to the Criminal Circuit Court based in Frontino, for the crime of abduction for ransom, File No. 1930, and was transferred on 7 December 2001 to the Prosecutor’s Office unit assigned to the rural Gaula, Antioquia, fourth brigade. Mr. Salas Cardona was rector of the Milagrosa college. His connection with the Antioquia Teachers’ Association remains to be established;
  247. (17) Gilberto Torres Martínez, General Secretary of the Single Petroleum Pipeline Subcommittee of the Workers’ Trade Union (USO), in the municipality of Monterrey, abducted by paramilitaries on 25 February 2002 and released on 7 April 2002. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the authority conducting the investigation into the incident is Prosecutor’s Office 12, Duitama Section, Santa Rosa de Viterbo, File No. 30171, and is at the preliminary stage. The investigation is active and at the examination of evidence stage;
  248. (18) José Pérez, member of the Workers’ Trade Union (USO), in the La Nata gorge, Department of Casanare, abducted on 25 March 2002 by members of the José David Suárez Front of the ELN when travelling by a back road from the Yopal forest to the ECOPETROL pumping station in the municipality of Araguaney, in the village of La Niata, municipality of Yopal, Department of Casanare. He was released on 3 May 2002 in the main park of the municipality of Labranzagrande (Boyacá) through the mediation of the International Red Cross, the media and the Casanare Regional Ombudsman. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the abduction is being conducted by Prosecutor’s Office 5, attached to the Gaula of Yopal, File No. 30169, and is at the preliminary stage, currently examination of evidence, preliminary inquiries having commenced on 26 March 2002;
  249. (19) Hernando Silva, member of the Workers’ Trade Union (USO), abducted in the La Nata gorge, Department of Casanare, abducted on 25 March 2002 by members of the José David Suárez Front of the ELN when travelling by a back road from the Yopal forest to the ECOPETROL pumping station in the municipality of Araguaney, in the village of La Niata, municipality of Yopal, Department of Casanare. He was released on 3 May 2002 in the main park of the municipality of Labranzagrande (Boyacá) through the mediation of the International Red Cross, the media and the Casanare Regional Ombudsman. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into the abduction is being conducted by Prosecutor’s Office 5, attached to the Gaula of Yopal, File No. 30169, and is at the preliminary stage, currently examination of evidence, preliminary inquiries having commenced on 26 March 2002.
    • Attempted murders
  250. (1) Albeiro González García, President of ASODEFENSA, Cafetero sector, was ordered to a war zone although he was not a soldier, and refused. He was then victim of an attack on 24 September 1998; he is now in exile in Europe. According to communication No. 04146 addressed to the Human Rights Office in the Ministry of Labour and Social Security, dated 24 December 2002, signed by Dr. Alvaro Paris Barón, legal adviser to ASODEFENSA, Mr. Albeiro González García worked in the Cafetero area. As a public employee, he worked as a driver for about eight years. He was the subject of death threats which he reported to the Ministry of Defence, seeking a transfer to another part of Colombia. As he did not achieve this, he sought political asylum and is at present abroad. This communication makes no mention of Mr. Albeiro González being a trade union leader or member, and it cannot therefore be stated that he was President of ASODEFENSA;
  251. (2) Ricardo Herrera, official of SINTRAEMCALI, was the victim of an attack in Cali, on 19 September 2000. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he was the victim of threats in Cali, Valle, on 27 September 2000. The investigation is being conducted by Prosecutor’s Office 75, Cali Section, File No. 391287, and is at the preliminary stage, currently examination of evidence. The Prosecutor’s Office reports that protection measures were requested, pending the Technical Group (CTI) report. In fact, the Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. Ricardo Herrera was provided with the following protection measures: cellphone, Avantel radio, a standard vehicle, worth 54,370,060 pesos. In 2002, he was provided with a cellphone and Avantel radio as protection measures worth 1,464,000 pesos;
  252. (3) Wilson Borja Díaz, President of the Federation of Workers in the State Service (FENALTRASE), on 14 December 2000, was intercepted by hired assassins who shot at him, causing serious injuries. He is now in a critical condition under medical supervision. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the National Human Rights Unit, File No. 943C. The Prosecutor’s Office reports that on 18 March 2002 Jhon Fredy Peña Avila was charged as the suspected co-author of the attempted murder, and concurrently with conspiracy to commit a crime. The current status of the investigation is that it has gone to trial. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. Wilson Borja Díaz was provided with the following protection measures: cellphone, Avantel radio, a standard vehicle, armoured vehicle, tickets and national humanitarian assistance worth a total of 285,721,420 pesos. In 2002 he was provided with a cellphone, an Avantel radio and national humanitarian assistance, inter alia, as protection measures worth 2,850,648 pesos;
  253. (4) César Andrés Ortiz, member of the CGTD, on 26 December 2000. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, he suffered a gunshot wound to the shoulder while he was walking through his neighbourhood on 26 December 2000. A young man died and six other persons were wounded in the attack. On the investigation into the incident, the Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  254. (5) Héctor Fabio Monroy, member of AICA-FECODE, was the victim of a gunshot attack on 23 February 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  255. (6) attack on the executive committee of SINTRAEMCALI in the outskirts of the town of Cali, when they were attending a working group to make proposals concerning the Cali Enterprise Recovery Plan, on 10 June 2001. The Attorney-General’s Office reports that efforts are in hand to identify the authority conducting the investigation, the file number and the status of the investigation;
  256. (7) María Emma Gómez de Perdomo, member of ANTHOC, was the victim of an attack in which she was wounded by four bullets, in the town of Honda, on 13 June 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 48, Honda Section, File No. 5245, and is at the preliminary stage, currently examination of evidence. The Prosecutor’s Office stated that the police authorities were charged with locating and identifying the suspects in the case. A preliminary investigation is being conducted in the same Prosecutor’s Office for suspected criminal threats against staff of the San Juan de Dios Hospital in Honda, and this is at the examination of evidence stage;
  257. (8) Clemencia del Carmen Burgos, member of ASONAL-CUT, who was investigating the financing networks of the AUC self-defence groups, on 11 July 2001. The Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office and to locate the authority conducting the investigation;
  258. (9) Omar García Angulo, member of SINTRAEMECOL, on 16 August 2001. The Attorney-General’s Office reports that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office and to locate the authority conducting the investigation. The type of relationship between Mr. García Angulo and SINTRAEMECOL, Fusagasuga Section, remains to be established;
  259. (10) Carlos Arturo Mejía Polanco, member of the Yumbo Branch subcommittee of the Single Union of Workers in the Construction Materials Industry (SUTIMAC-CUT), on 16 November 2001. According to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by the support unit of the National Human Rights Unit in Cali, File No. 468731. A person has been arrested in connection with the incident. On 24 May 2002, the investigation was ordered to be closed, the notice period is running and, once final, the office will decide on the merit of the case;
  260. (11) Albeiro Foreno, official of the Cartago Municipal Workers’ Union (SINTRAMUNICIPIO), on 13 February 2002, was the victim of a shot fired at him by a paramilitary. He had already been a victim of attacks and, according to the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation is being conducted by Prosecutor’s Office 17, Cartago Section, File No. 9082. It is currently at the examination of evidence stage;
  261. (12) National Union of Food Industry Workers (SINTRAINAL), in the Department of Valle del Cauca, on 14 February 2002, when shots were fired at the premises. In the general report of investigations conducted by the Attorney-General’s Office into violations of trade union members’ human rights, only one investigation into threats against the National Union of Food Industry Workers (SINTRAINAL), in Bugalagrande, Valle, has been recorded since 1 June 2000. The investigation into this incident is active and is being conducted by the Cali Section Unit, File No. 392158. The investigation is currently at the examination of evidence stage. Despite this, the Human Rights Office of the Ministry of Labour and Social Security wrote to the Attorney-General’s Office to ask it to decide on the apparent attack on 14 February 2002 against SINTRAINAL’s premises.
    • Death threats
  262. (1) Juan de la Rosa Grimaldos, President of ASEINPEC. The Attorney-General’s Office reports that the complaint of death threats against Mr. Juan de la Rosa Grimaldos received in May 2000 in the city of Bogotá is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office and to locate the authority conducting the investigation. In the Ministry of the Interior’s list of “Measures actually taken for trade union leaders and activists during 2001 and 2002, there is no record of any request for protection by Mr. Juan de la Rosa Grimaldos, and therefore no protection measures were provided during that period;
  263. (2) María Clara Baquero Sarmiento, President of ASODEFENSA. The Attorney-General’s Office reports that the complaint of death threats against Mrs. María Clara Baquero Sarmiento received on 1 October 2000 in Bogotá, Cundinamarca, is recorded. The investigation into the incident is at the preliminary stage and is being conducted by the National Human Rights Unit, File No. 978. It is currently at the examination of evidence stage, and admission of witness statements was ordered on 6 March 2002. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mrs. María Clara Baquero Sarmiento was provided with the following protection measures: subsistence and accommodation, bodyguards and tickets worth a total of 19,526,292 pesos;
  264. (3) Jorge Nisperuza, President of the CUT subcommittee, Córdoba. The Attorney-General’s Office reports that the complaint of death threats against Mr. Jorge Nisperuza received in the city of Montería, Córdoba, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  265. (4) María de Jesús Castañeda, President of the CUT subcommittee, Huila. The Attorney-General’s Office reports that the report of a complaint of death threats against Mrs. María de Jesús Castañeda received in the city of Neiva, Department of Huila, is recorded. The investigation is active, at the preliminary stage and is being conducted by the First Prosecutor’s Office, Neiva Section, File No. 47993. The Prosecutor’s Office also states that a statement by the victim is awaited, to determine the facts and establish if a complaint has already been entered by the victim and thus to determine whether any other authority is conducting an investigation into the same incident. Finally, the Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mrs. María de Jesús Castañeda was provided with the following protection measures: standard vehicle worth a total of 52,753,725 pesos;
  266. (5) Gerardo Rodrigo Genoy Guerrero, President of the National Union of Workers, SINTRABANCOL. The Attorney-General’s Office reports that the complaint of death threats against Mr. Gerardo Rodrigo Genoy Guerrero received in the city of Bogotá, Cundinamarca, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  267. (6) Otoniel Ramírez, President of the CUT subcommittee, Valle. The Attorney-General’s Office reports that the report of a complaint of death threats against Mr. Otoniel Ramírez received in June 2001 in Yumbo is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. According to the Ministry of the Interior, programme of protection of witnesses and threatened persons, and the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. Ramírez, President of the CUT subcommittee, Valle, and member of SUTIMAC, Yumbo branch, was provided with the following protection measures: Avantel radio worth a total of 1,616,335 pesos. During 2002, he had an Avantel radio and cellphone as protection measures worth a total of 1,465,113 pesos;
  268. (7) José Rodrigo Orozco, member of the CUT-Cauca executive committee. The Attorney-General’s Office reports that the complaint of death threats against Mr. José Rodrigo Orozco received in Popayán, Cauca, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. The Human Rights Unit in the Ministry of Labour and Social Security was also informed that Mr. Orozco was an official of the CUT, Department of Cauca. According to the Ministry of the Interior, programme of protection of witnesses and threatened persons, and the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. José Rodrigo Orozco was provided with the following protection measures: national humanitarian assistance and a cellphone worth a total of 2,645,932 pesos. During 2002, he had a cellphone worth 1,014,465 pesos as a protection measure;
  269. (8) Leonel Pastas, official of the National Colombian Institute for Agrarian Reform (INCORA), on 14 August 2001. The Attorney-General’s Office reports that the complaint of death threats against Mr. Leonel Pastas received in Bogotá, Cundinamarca, on 14 August 2001, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  270. (9) Rusbel, INCORA official, on 14 August 2001. The Attorney-General’s Office reports that the complaint of death threats against Mr. Rusbel received in Bogotá, Cundinamarca, on 14 August 2001, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  271. (10) Edgar Púa and José Meriño, Treasurer and Prosecutor of ANTHOC, on 16 August 2001. The Attorney-General’s Office reports that the report of a complaint of death threats against Mr. Edgar Púa and Mr. José Meriño received in Barranquilla, Atlántico, on 16 August 2001, is recorded. However, the Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office;
  272. (11) Gustavo Villanueva, ANTHOC official, on 16 August 2001. The Attorney-General’s Office reports that the complaint of death threats against Mr. Gustavo Villanueva received in Polonuevo, Antioquia, on 16 August 2001, is recorded. The investigation into the incident is being conducted by Prosecutor’s Office 21, offences against public security, public health and others, File No. 106351, which is at the preliminary stage, currently examination of evidence;
  273. (12) workers in the Union of Local Government Officials and Public Employees of Antioquia (SINTRAOFAN) were intimidated by paramilitaries to make them give up their trade union membership. The Attorney-General’s Office reports that the investigation into the incident is active and is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Medellín, File No. 43, which is at the preliminary stage, currently examination of evidence;
  274. (13) Aquiles Portilla, FECODE official, victim of harassment on 29 August 2001. The Attorney-General’s Office reports that the investigation into the incident is active and is being conducted by Prosecutor’s Office 14, Pasto Section, File No. 45718, and is at the preliminary stage, currently examination of evidence. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001”, Mr. Aquiles Portilla was provided with the following protection measures: standard vehicle for a total value of 52,753,725 pesos. During 2002, he had a cellphone and Avantel radio as protection measures, total value 1,465,130 pesos;
  275. (14) Edgar Mojico and Daniel Rico, President and Press Secretary respectively of the Petroleum Industry Workers’ Trade Union (USO), threatened by members of the Self-defence Groups of Colombia (AUC). The Attorney-General’s Office states that all appropriate inquiries are in hand to locate the cases in the Attorney-General’s Office. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Edgar Mojico and Mr. Daniel Rico were provided with the following protection measures: in 2001 cellphones for a total value of 929,329 pesos and, during 2002, they were also given a cellphone, total value 1,014,465 pesos;
  276. (15) Over Dorado Cardona, official of ADIDA, on 19 September 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is being conducted by the support unit of the National Human Rights Unit and International Humanitarian Law Unit (DIH), Medellín, File No. 61, and is at the preliminary stage, currently examination of evidence. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Over Dorado was provided with the following protection measures: in 2001 Avantel radio for a total value of 686,403 pesos and, during 2002, he was also given an Avantel radio, total value 753,725 pesos;
  277. (16) Orlando Herrán, Rogelio Pérez Gil, Edgar Alvarez Cañizales, Dalgy Barrera Gamez, Jorge Vázquez Nivia, Javier González, Humberto Castro, Cervulo Bautista Matoma, members of the CGTD, received threats and were the victims of harassment. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is being conducted by Prosecutor’s Office 241 of the Offences against Personal Freedoms Unit and Special Prosecutor’s Offices 5 and 6, Valledupar. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2002”, Mr. Cervulo Bautista was provided with the following protection measures: special humanitarian assistance (transport and removal expenses) for a total value of 3,700,000 pesos;
  278. (17) Jaime Goyes, Jairo Roseño, Rosalba Oviedo, Pedro Layton, Ricardo Chávez, Diego Escandón, Luis Ortega, trade union officials in the Department of Nariño, were threatened with death by the Self-defence Groups of Colombia (AUC) on 8 October 2001. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is being conducted by Prosecutor’s Office 14, Pasto Section, File No. 45718;
  279. (18) Carlos Alberto Florez Loaiza, member of the national executive committee of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES), on 5 January 2002. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is active, at the preliminary stage and is being conducted by Prosecutor’s Office 31, Cali Section. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Carlos Alberto Florez Loaiza was provided with the following protection measures: in 2001 he was given an Avantel radio, national tickets and humanitarian assistance for a total value of 1,254,773 pesos. During 2002, he was given an Avantel radio, national tickets and national humanitarian assistance, total value 3,545,018 pesos;
  280. (19) José Homer Moreno Valencia, member of SINTRAEMSDES-CUT, on 10 January 2002. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is active, at the preliminary stage and is being conducted by Prosecutor’s Office 31, Cali Section. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2002”, Mr. José Homer Moreno was provided with the following protection measures: national humanitarian assistance for a total value of 1,854,000 pesos;
  281. (20) Luis Hernández, president of SINTRAEMCALI. According to the general report of investigations carried out by the Attorney-General’s Office into violations of trade union members’ human rights, the investigation into this case is active, at the preliminary stage and is being conducted by Prosecutor’s Office 30, Cali Section. The Ministry of the Interior, programme of protection of witnesses and threatened persons, reports that, according to the list of “Measures actually taken for trade union leaders and activists during 2001 and 2002”, Mr. Luis Hernández was provided with the following protection measures: in 2001 he was given a cellphone, total value 929,932 pesos. In 2002 he was also given a cellphone, total value 1,014,465 pesos.
    • Harassment
  282. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace. According to communication No. 04146 of 24 December 2002, signed by the legal adviser to ASODEFENSA, there is no mention of Mrs. Esperanza Valdés’ position as trade union leader or official;
  283. (2) Freddy Ocoro, President of the Bugalagrande Union of Municipal Workers, assaulted by police, on 1 May 2001. The investigation is active, at the preliminary stage and is being conducted by Special Prosecutor’s Office 4, Cali, File No. 396788. It is currently at the examination of evidence stage. During 2002, in addition, he was granted national humanitarian assistance, an Avantel radio and a cellphone total value 4,246,113 pesos. In addition, the Ministry of the Interior, in a letter of 5 August 2002 to the Human Rights Office of the Ministry of Labour and Social Security, stated that “as a protection measure, the risk control and evaluation committee approved Mr. Freddy Ocoro Botero’s leaving the country temporarily, travelling from Bogotá to Lyon (France)”.
  284. 478. With respect to the comments of the Committee in paragraphs 361 and 383 of the 329th report, on the strike of 16 September which “was stigmatized by government members who prohibited workers’ marches during that day due to suspected infiltration by the guerrilla”, the Government wishes to inform the Committee that, based on the “evaluation of the national and rural strike” by the national police, intelligence department, dated 22 September 2002, the strike of 16 September, a national day of protests convened by the principal unions in the country, and a rural strike organized by social and rural movements in the departments of Huila, Tolima and Cauca took place under normal conditions. The Government respected the right of protest provided that the rights to work and movement of people were respected. The national protests passed off relatively normally, in the form of gatherings, marches and paralysis of activities in the health, education, oil, civil aviation, justice and civil service sectors. In 19 capital cities there were marches with large-scale participation. In Bogotá, 12,000 demonstrators gathered and at national level it is estimated that some 20,000 people took part in the marches.
  285. 479. One of the major concerns of the day was the paralysis of workers in civil aviation, which temporarily affected air traffic. Valle, Antioquia, Cundinamarca, Santander, Huila, Risaralda and Quindío were the departments with the highest levels of participation in the strike.
  286. 480. As to the national strike, there were four marches, 83 gatherings and 30 information meetings. At regional level, there were 118 protest actions, consisting of 36 marches, 19 meetings, 58 gatherings, a sit-in at INCORA in Pereira, which was dislodged, and four explosive devices were detonated in Pasto and Cali. The Government annexes below the consolidated reports of the Ministry of the Interior and the national police on the situations that arose in various areas of the country during the strike which illustrate the normal pattern of activities in different sectors and areas of the country.
  287. 481. With respect to the Committee’s comments in paragraphs 369 and 380 of the 329th Report, “with regard to the assessment of the protection programme as recommended in the Committee’s 328th Report (para. 124(h)), which the Ministry of the Interior, with the assistance of the ILO and the Office in Colombia of the United Nations High Commissioner for Human Rights, is already carrying out”, the Colombian Government informs the Committee that this assessment has already been done, and involves a comprehensive report which covers, inter alia, the following matters: (1) framework for protection programmes; (2) legal framework (international regulatory framework and recommendations of international bodies, legal framework, powers of institutions and competent authorities involved in the programmes); (3) political framework (programmes of protection, protection policy, public and regular recognition of the legitimacy of trade union activity, links between the Government, law enforcement and human rights defenders, etc.); (4) administrative structure of the programmes (methods, procedures and processes of protection programmes, treatment of requests for protection, request for examination of the level of risk, procedure for responding to emergency cases, etc.); (5) financial structure (budget and other sources of finance); (6) protection measures (soft protection and hard protection); (7) results of surveys of beneficiaries and bodyguards; (8) conclusions; (9) recommendations.
    • Brief outline of the most important conclusions and recommendations formulated in the report of the protection programme of the Ministry of the Interior
  288. 482. The recommendations are divided into three main groups: preventive policies, functional structure and operational recommendations. As to the first, the suggestion is for greater participation by regional authorities in developing protection programmes. Thus, for example, it is recommended that protection programmes of the Ministry should be coordinated with local authorities (governors, mayors and police chiefs). These authorities should set up the departmental and municipal commissions provided in Law No. 62 of 1993, to support and coordinate the programmes.
  289. 483. As regards the recommendations concerning the functional infrastructure, it is recommended that protection work should be assigned to a proper bodyguard agency, dedicated exclusively to that task, and totally separate from intelligence and counter-intelligence activities, operating in its own premises. It is also recommended that it should have instructors, supervisors and security experts. It is further recommended that the Risk Control and Assessment Committees (CRERs) should be reorganized so that they are more flexible and effective, with greater participation by the sectors of civil society represented in them.
  290. 484. As regards the operational recommendations, it is suggested that, in addition to training in protection, bodyguards should be given training in other subjects such as international humanitarian law and human rights.
  291. 485. It is also recommended that the processes of selecting and training bodyguards should be totally transparent, thus ensuring that those selected do not have any background which might suggest hostility to the groups of persons protected under the programmes. The group did not agree on the relationship with the organization which would have authority over the bodyguard group. Different opinions were expressed on that question.
  292. 486. It is further recommended that the beneficiaries of the programmes should endeavour to create a culture of self-protection, engaging in activities and conduct such as to reduce their level of vulnerability.
  293. 487. The treatment of the information on the programmes must be absolutely and strictly confidential. Equally, the procedures for requests for security should be simplified and standardized, thus making it possible to implement provisional measures applicable to beneficiaries for whom protection measures have not been confirmed.
  294. 488. Finally, it is recommended that the financial planning of the programme should be revised, with a permanent executor for the resources, the value of considering UNDP as the executing agency, and possible integration of the programmes funds.
  295. 489. With respect to the comments of the Committee in paragraph 378 of the 329th Report, on case No. 1787, on the suspension, on 23 March 2001, of the investigation into the murder of trade unionist Leonardo Betancourt Mendez, the Colombian Government states that, according to a letter sent to the Human Rights Office of the Ministry of Labour and Social Security by the Attorney-General’s Office on 14 January 2002, an inhibitory decision was taken on 23 March 2001 in the murder case No. 5297, the killing of Mr. Leonardo Betancourt Mendez, and the case was archived on 22 April of the same year.
  296. 490. The Prosecutor’s Office 25 in the Criminal Circuit Court of Dosquebradas, Risaralda, notified the reasons for the suspension of the case to the effect that the evidence presented, especially report UIPJ 143 by the DAS Section, did not provide eyewitnesses to the facts or the motives for killing him, let alone identify and locate the suspects. In the light of the foregoing, it is concluded that the archiving of the cases was justified.
  297. 491. Finally, in its communication of 3 February 2003, the Government provided information on the adoption, on 15 January 2003, of the “Working Plan of the Inter-institutional Committee for the Prevention of Violations and the Protection of Workers’ Human Rights”. This Plan has been set up by two working groups. The first deals with questions relative to justice and workers’ human rights protection as well as their possible violations; the second deals with the promotion and protection of freedom of association and the right to collective bargaining. The main objective of the Plan is to overcome the impunity with which violations of freedom of association meet, taking into account the recommendations of the Committee on Freedom of Association.

D. The Committee’s conclusions

D. The Committee’s conclusions
  1. 492. Once again, the Committee notes with deep concern the new reports by the complainant organizations of murders, attempted murders, abductions and threats against trade unionists. Since the last examination of this case [see the 329th Report], 11 murders, two abductions, one attempted murder and 15 threats have been reported. According to the allegations sent by the complainants, from January 2002 to the end of January 2003, 40 trade union officials and 60 members have been murdered.
  2. 493. The Committee also notes the Government’s observations in which it briefly reports in general terms the investigative stage of the penal process. This process has two stages, the preliminary inquiries and the prosecution. The first stage, intended to determine whether or not there are grounds for prosecution, ends with a decision to open the investigation leading to prosecution or an inhibitory decision, closing the proceedings. The Government has sent a list of investigations into acts of violence and the measures adopted to provide protection to threatened trade unionists.
  3. 494. The Committee notes, once again, the list of investigations conducted by various state organizations. The Committee observes that, on this occasion, the Government makes reference to a large number of murders and acts of violence covered in earlier examinations of the case. Nevertheless, the Committee finds from a reading of this list that, with respect to 81 complaints of murders, acts of violence, abductions, disappearances, attempted murders and threats covered in section B “New allegations” of the previous examination of the case:
    • – in 60 of them there are investigations (almost all at the preliminary stage);
    • – inquiries are being made to determine whether investigations are being conducted and which authority is conducting them in nine of them;
    • – no information is provided in respect of six of them;
    • – it reports detention or arrest of persons involved in the incidents in five of them and suspension of proceedings in one of them.
    • In no case is an actual conviction reported.
  4. 495. With respect to the 265 complaints of murders, abductions, disappearances, attempted murders, death threats and harassment reported in Annex I (Alleged acts of violence against trade union officials or members up to the Committee’s meeting of March 2002 for which the Government has not sent its observations or has not reported the initiation of investigations or judicial procedures), the Committee finds that:
    • – investigations have been initiated in 120 of them (almost all at the preliminary stage);
    • – there are no investigations or inquiries are in hand to determine if investigations are in progress and which authority is conducting them in 54 cases;
    • – investigations have been suspended or archived or there is an inhibitory decision (end of the preliminary stage) in 17 cases;
    • – the Government has not sent any information in respect of 56 of them;
    • – the Government reports that there are persons in detention or under arrest in eight cases;
    • – the Government reports that four deaths were due to natural causes;
    • – in two cases, persons were released.
    • In no case is an actual conviction reported.
  5. 496. The Committee notes the comprehensive nature of the Government’s reply. It also observes that, although the Government has sent information concerning many investigations in progress, the number of pending complaints of acts of violence reported by the complainants remains very high. Moreover, in almost all the cases, the investigations are at the preliminary stage with the collection of evidence. The number of culprits identified or detained is very small. Some investigations have been suspended, archived or subject to an inhibitory decision which, as the Government states, amounts to the conclusion of the investigation. In any case, the Committee observes that none of the investigations initiated have ended with the actual conviction of those responsible for the acts of violence against trade union officials.
  6. 497. Furthermore, the Committee notes with regret that, since the last examination of the case, there have been complaints of 11 murders, two abductions, one attempted murder and 15 threats. Once again, the Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights and, in particular, those relating to human life and personal safety, are fully respected and guaranteed [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 46].
  7. 498. Reiterating its previous observations and observing that the climate of violence affects all sectors of society, the Committee once again deeply deplores that they have made little progress and then are suspended for want of evidence. The Committee considers that the prevailing delay in the administration of justice and the suspension of proceedings are corollaries of a deeply rooted impunity which does not help the credibility of the Government, nor does it improve the situation. In this respect, the Committee is bound once again to regret the fact that, despite the various bodies that have been established and the investigations conducted by those bodies, and even in some cases the arrests of suspects, the serious situation of impunity continues. The Committee therefore again requests the Government to take the necessary measures to put an end to the intolerable situation of impunity and punish those responsible for the innumerable acts of violence.
  8. 499. The Committee once again urges the Government to take immediate measures to ensure that the investigations cover all the alleged acts of violence and make significant progress with a view to the effective punishment of those responsible. The Committee urges the Government to continue to send its observations on progress made in the investigations already begun (Annex II), and to take measures to ensure that investigations begin without delay into the other murders, abductions, disappearances, attempted murders and threats referred to in Annex I, as well as those referred to in the section on “new allegations” in this report.
  9. 500. The Committee takes note of the Government’s information concerning the investigation into the murder of Leonardo Betancourt Méndez, which was subject to an inhibitory decision. In other words, as the circumstances of the incident, witnesses and suspects cannot be determined, the authorities have decided not to pursue the investigation.
  10. 501. As to the trade union status of some of the victims, where there are discrepancies between the accounts of the complainants and the Government, the Committee takes note that the Government denies the status of trade union official or member of a considerable number of victims. The Committee requests the complainants to send the necessary information to clarify the trade union status of those persons.
  11. 502. With respect to the programme of protection established by the Ministry of the Interior, the Committee takes note of the evaluation undertaken in the context of that programme which includes assessments of: the legal and policy framework for protection programmes, protection policy, administrative structure of the programmes, methods, procedures and processes of protection programmes, treatment of requests for protection, request for examination of the level of risk, receivability criteria for cases, procedure for responding to emergency cases, financial structure, protection measures (soft protection and hard protection). The Committee also takes note of the operational recommendations which resulted from that evaluation which suggest, inter alia, that beneficiaries of the programmes should endeavour to create a culture of self-protection and to engage in activities and conduct such as to reduce their level of vulnerability; that the treatment of the information on the programmes must be absolutely and strictly confidential. Equally, the procedures for requests for security should be simplified and standardized, thus making it possible to implement quickly provisional measures applicable to beneficiaries for whom protection measures have not been confirmed. According to the information provided by the Government, the Committee notes that a number of trade union officials are provided with protection measures. The Committee requests the Government to continue to increase the protection of all trade unionists who are at risk and to keep it informed of the development of the protection programme. Moreover, the Committee takes note of the adoption of the “Working Plan of the Inter-institutional Committee for the Prevention of Violations and the Protection of Workers’ Human Rights”. The Committee requests the Government to continue to keep it informed of the evolution of this Plan.
  12. 503. With respect to the allegations by ICFTU on threats against and detention of many trade union officials for taking part in the strike on 16 September 2002, the Committee takes note of the Government’s information that the strike was conducted in conditions of normality and that the right to protest was respected in all cases where the rights to work and movement of persons were respected. The Committee also takes note that, according to the Government, they passed off relatively normally, in the form of gatherings, marches and paralysis of activities in the health, education, oil, civil aviation, justice and civil service sectors. In 19 capital cities there were marches with large-scale participation. In Bogotá, 12,000 demonstrators gathered and at national level it is estimated that some 20,000 people took part in the marches. The Committee observes, however, that the Government does not mention the ban on some marches, nor the detention of the trade union officials Raúl Herrera, regional official of SUMAPAZ, Rubén Robles, Secretary General of the Agricultural Workers’ Union of the Department of Sucre and official of FENSUAGRO, Ana María Andrea Ablanedo and Daniel Bustos Gutiérrez, international delegates of the Spanish NGO SOLDEPAZ PACHAKUTTI, Mauricio Rubiano, Human Rights Secretary of the CUT Youth Department, María Isabel Lenis, regional defender, Valle del Cauca Section, Otoniel Ramírez, President of NOMADESC, human rights organization, Oscar Figueroa and Angel Tovar, officials of the Cali Municipal Enterprises Union (SINTRAEMCALI). The Committee urges the Government to take measures to investigate these complaints without delay and, if it is found that the detentions were for legitimate trade union activities, that those concerned should immediately be released if they are still in detention. The Committee requests the Government to keep it informed in this respect.
  13. 504. The Committee deplores the fact that the Government did not implement its previous recommendations. In order to combat impunity more effectively and address the causes of acts of violence against trade unions adequately, the Committee once again requests the Government, as it did in its previous recommendations, to inform it of the frequency of acts of violence against trade unionists in each industrial sector and each region.
  14. 505. Finally, the Committee takes note of the recent communication of the ICFTU dated 3 February 2003 in which it alleges threats, assaults, the murder of two trade union leaders, the detention of four trade union leaders, the denial of protection to a union leader and the non-application of an agreement made on 29 January 2002 between the Government, the workers of the Municipal Enterprises of Cali (EMCALI) and the Community of Cali under the terms of which the non-privatization of the enterprises had been decided. The Committee requests the Government to send its observations on these matters without delay.

The Committee's recommendations

The Committee's recommendations
  1. 506. In the light of the foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
    • (a) Observing the comprehensive nature of the Government’s response as well as the fact that the climate of violence affects all sectors of society, the Committee nevertheless notes with the utmost concern the extreme gravity of the complaints and regrets that it is bound to observe that, since the last examination of the case, there have been complaints of 11 murders, two abductions, one attempted murder and 15 threats. Once again, the Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights and, in particular those relating to human life and personal safety, are fully respected and guaranteed.
    • (b) The Committee once again urges the Government to do everything in its power to achieve verifiable results in dismantling the paramilitary groups and other violent revolutionary groups.
    • (c) The Committee requests the Government to take measures to ensure that the investigations cover all the alleged acts of violence and to ensure that the investigations make significant progress with a view to punishing the guilty parties, and urges the Government to continue to send its observations on progress made in investigations already begun (Annex II) and to take measures to ensure that investigations are begun without delay into the other murders, abductions, disappearances, attempted murders and threats referred to in Annex I, as well as those mentioned in the section on “new allegations” in the present report.
    • (d) The Committee requests the complainants to send the information necessary to clarify the trade union status of those victims who the Government claims do not possess such status.
    • (e) The Committee requests the Government to continue to increase the protection of all trade unionists who are at risk and to keep it informed of the development of the protection programme.
    • (f) The Committee requests the Government to continue to keep it informed of the evolution of the “Working Plan of the Inter-institutional Committee for the Prevention of Violations and the Protection of Workers’ Human Rights”.
    • (g) With respect to the allegations by ICFTU on threats against and detention of many trade union officials for taking part in the strike on 16 September 2002, the Committee urges the Government to take measures to investigate these complaints without delay and, if it is found that the detentions were for legitimate trade union activities, that those concerned should immediately be released if they are still in detention. The Committee requests the Government to keep it informed in this respect.
    • (h) The Committee deplores that the Government did not implement its previous recommendations with respect to impunity. In order to combat impunity more effectively and address the causes of acts of violence against trade unions adequately, the Committee requests the Government to inform it of the intensity of acts of violence against trade unionists in each industrial sector and each region.
    • (i) As concerns the recent communication of the ICFTU dated 3 February 2003, the Committee requests the Government to send its observations on the matters raised therein without delay.
    • (j) With regard to the question of the Fact-Finding and Conciliation Commission, the Committee recalls the recommendation made at its November 2002 session.

Z. Annex I

Z. Annex I
  • Alleged acts of violence against trade union officials
  • or members up to the Committee’s meeting of November 2002 for which the Government has
  • not sent its observations or has not reported the initiation of investigations or judicial procedures
  • Murders
    1. (1) Edison Ariel, 17 October 2000, SINTRAINAGRO;
    2. (2) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo;
    3. (3) Carlos Cordero, member of ANTHOC, 6 December 2000, in Peñas Blancas, by paramilitaries;
    4. (4) Gabriela Galeano, official of ANTHOC, 9 December 2000, in Cúcuta, by paramilitaries;
    5. (5) Ricardo Florez, member of SINTRAPALMA, 8 January 2001;
    6. (6) Elsa Clarena Guerrero, member of ASINORTH, 28 January 2001, in the municipality of Ocaña, at a military roadblock;
    7. (7) Alfonso Alejandro Naar Hernández, member of ASEDAR, branch of FECODE, 8 February 2001, in the municipality of Arauca;
    8. (8) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches;
    9. (9) Alberto Pedroza Lozada, 22 March 2001;
    10. (10) Jesús Antonio Ruano, member of ASEINPEC, in the municipality of Palmira, 27 March 2001;
    11. (11) Leyder María Fernández Cuellar, wife of the above, 26 April 2001;
    12. (12) Edgar Thomas Angarita Mora, member of ASEDAR and FECODE, in the Department of Arauca, 12 June 2001, in the Department of Arauca, when taking part in a block of the Vía Fortul Sarabena as a protest against Law No. 012;
    13. (13) Manuel Pájaro Peinado, Treasurer of the Barranquilla District Union of Civil Servants (SINDIBA), 16 August 2001, in the Department of Atlántico, had requested to be included in the Ministry of the Interior protection programme but had not received a reply. He was murdered when the trade union was engaged in a series of protests against law No. 617 of the district administration, the aim of which was the mass dismissal of workers;
    14. (14) Fernando Euclides Serna Velásquez, member of the collective security scheme of the National CUT, Bogotá, disappeared on 18 August 2001, and was found murdered the next day in the Department of Cundinamarca. He was a member of the collective security scheme of the National CUT;
    15. (15) Yolanda Paternina Negrete, member of ASONAL-CUT, 29 August 2001, in the Department of Sucre. She was a special public order judge and responsible for numerous high risk cases;
    16. (16) Miguel Chávez, member of ANTHOC-CUT, 30 August 2001, in the Department of Cauca;
    17. (17) Manuel Ruiz, official of CUT, 26 September 2001, in the Department of Córdoba;
    18. (18) Ana Ruby Orrego, member of El Valle Single Education Workers’ Trade Union (SUTEV-CUT), 3 October 2001, in the Department of Valle del Cauca;
    19. (19) Ramón Antonio Jaramillo, prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region;
    20. (20) Arturo Escalante Moros, member of USO, disappeared on 27 September and found dead on 19 October 2001;
    21. (21) Armando Buitrago Moreno, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001;
    22. (22) Julián Ricardo Muñoz, member of the National Association of Officials and Employees of the Judicial Branch (ASONAL), 6 June 2001, in Bogotá;
    23. (23) Edgar Thomas Angarita Mora, activist of the Arauca Teachers’ Association, ASEDAR, 11 June 2001, in Barrancones;
    24. (24) Cristóbal Uribe Beltrán, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC), on 28 June 2001, in Tibu, by paramilitaries;
    25. (25) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 2 July 2001, in Antioquia, by guerrilla forces;
    26. (26) Prasmacio Arroyo, member of the Magdalena Teachers’ Union (SINTRASMAG), on 26 July 2001, in Magdalena;
    27. (27) Efraín Toledo Guevara, member of the Caquetá Teachers’ Association (AICA), on 5 August 2001, in Caquetá;
    28. (28) César Bedoya Ortiz, activist of the University Teachers’ Association (ASPU), on 16 August 2001, in Bolívar;
    29. (29) César Arango Mejía, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 24 August 2001, in Risaralda;
    30. (30) Luis Ernesto Camelo, activist of the Santander Teachers’ Union (SES), on 2 September 2001, in Santander, by paramilitaries;
    31. (31) Marcelina Saldarriaga, activist of the Antioquia Teachers’ Association (ADIDA), on 5 September 2001, in Antioquia;
    32. (32) Gilberto Arbeláez Sánchez, member of the Antioquia Teachers’ Association Subcommittee (ADIDA), 9 September 2001, in Antioquia;
    33. (33) Jacobo Rodríguez, member of the Caquetá Teachers’ Association, on 18 September 2001, in Caquetá, by paramilitaries;
    34. (34) Juan David Corzo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 20 September 2001, in Cúcuta, by paramilitaries;
    35. (35) Bibiana María Gómez Bedoya, member of the Antioquia Teachers’ Association (ADIDA), on 22 September 2001, in Antioquia;
    36. (36) Antonio Mesa, member of the University Workers’ Union (SINTRAUNICOL), on 25 September 2001, in Barranquilla, by paramilitaries;
    37. (37) Germán Elías Madrigal, member of the Antioquia Teachers’ Association, on 28 September 2001, in Antioquia;
    38. (38) Plutarco Herrera Gómez, member of the Claims Committee of the National Union of Cargo Handlers in Colombian Maritime Ports, on 30 September 2001, in Valle del Cauca, by paramilitaries;
    39. (39) Gustavo Castellón Fuentes, activist of the Union of Family Benefit Fund Workers of Barrancabermeja (SINALTRACOFAN), on 20 October 2001, in Barrancabermeja, by paramilitaries;
    40. (40) Milena Pereira Plata, ASINORTH, on 30 October 2001, in Santander, by the FARC;
    41. (41) Edith Manrique, activist of Caldas Teachers’ United (EDUCAL), on 6 November 2001, in Caldas, by paramilitaries;
    42. (42) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001, in Ciénaga, by paramilitaries;
    43. (43) Eliécer Orozco, FENSUAGRO, on 11 November 2001, in Ciénaga, by paramilitaries;
    44. (44) Jorge Julio Céspedes, activist of Caldas Teachers’ United (EDUCAL), on 24 November 2001, in Caldas, by paramilitaries;
    45. (45) María Leida Montoya, activist of the Antioquia Teachers’ Association, on 30 November 2001, in Antioquia;
    46. (46) Luis Alfonso Gaviria Meneses, activist of the Trade Union of Workers and Employees in the Public Services Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES), on 30 November 2001, in Antioquia;
    47. (47) Herlinda Blando, member of the Union of Teachers and Lecturers of Boyacá, on 1 December 2001 in Boyacá, by paramilitaries;
    48. (48) Generoso Estrada Saldarriaga, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 4 December 2001, in Antioquia;
    49. (49) Germán Darío Ortiz Restrepo, member of the Antioquia Teachers’ Association (ADIDA), on 7 December 2001, in Antioquia;
    50. (50) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001, in Antioquia;
    51. (51) James Estrada, activist of the Antioquia Teachers’ Association (ADIDA), on 13 December 2001, in Antioquia;
    52. (52) Iván Velasco Vélez, Union of University Workers, on 27 December 2001, in Valle del Cauca, by paramilitaries;
    53. (53) Rubí Moreno, member of ANTHOC, on 20 January 2002, in César, by paramilitaries;
    54. (54) Víctor Alberto Triana, Association of Employees of ECOPETROL (ADECO), on 21 January 2002, by paramilitaries; Carlos Padilla, President of the Union of Workers in the Fray Luis de León Hospital, member of the General Confederation of Democratic Workers and UTRADEC, on 28 January 2002, in the municipality of Plato Magdalena, after receiving threats;
    55. (55) Walter Oñate, shot dead when leaving work at the Eduardo Arredondo Daza Hospital in Valledupar, on 29 January 2002;
    56. (56) Oscar Jaime Delgado Valencia, teacher at the Camilo Torres de Armenia College, Department of Quindío, shot dead on 4 February 2002;
    57. (57) Oswaldo Enrique Borja Martínez, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 February 2002, in Sucre, by paramilitaries;
    58. (58) Nohora Elsy López, official of the National Union of Childcare Workers in Welfare Homes, on 7 February 2002, in Antioquia, by paramilitaries;
    59. (59) Adolfo Flórez Rico, activist of the National Union of Workers in the Construction Industry (SINDICONS), on 7 February 2002, in Antioquia, by paramilitaries;
    60. (60) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002, in Tolima, by paramilitaries;
    61. (61) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002, in Tolima, by paramilitaries;
    62. (62) José Wilson Díaz, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 21 February 2002, in Huila, by the FARC;
    63. (63) Cecilia Gallego, Secretary for Women’s Affairs of the Executive Committee of Colombian Farmers’ Action (ACC), in the municipality of Macarena, on 25 February 2002;
    64. (64) Marcos Antonio Beltrán, activist of SUTEV, on 1 March 2002, in Valle del Cauca;
    65. (65) Roberto Carballo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 March 2002, in Bolívar;
    66. (66) Eduardo Chinchilla Padilla, activist of the Union of Workers in the Oil Palm and Related Industries (SINTRAPALMA-CUT), on 11 March 2002;
    67. (67) Luis Miguel Rubio Espinel, member of the North Santander Teachers’ Association, ASINORTH, 15 July 2001;
    68. (68) José González Barros, activist of the Trade Union of Official Workers and Public Employees of the municipality of Sabanagrande (SINTRAOPUSA-CUT), on 2 July 2002, in the municipality of Sabanagrande.
  • Abductions and disappearances
    1. (1) Ismael Ortega, Treasurer of SINTRAPROACEITES, San Alberto (César);
    2. (2) Walter Arturo Velásquez Posada, of the Nueva Floresta School, in the municipality of El Castillo, in the El Ariari Educational District, Department of Meta;
    3. (3) Nefatalí Romero Lombana, of Aguazúl (Casanare), and Luis Hernán Ramírez, teacher from Chámeza (Casanare), members of SIMAC-FECODE;
    4. (4) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, town of Cali;
    5. (5) Julio César Jaraba, member of SINTRAISS, disappeared on 23 February 2001;
    6. (6) Paula Andrea Gómez Mora (daughter of Edinson Gómez, member of SINTRAEMCALI, who was threatened on several occasions), abducted on 18 April 2001 and released on 20 April 2001;
    7. (7) Eumelia Aristizabal, member of ADIDA, disappeared on 19 April 2001;
    8. (8) Rosa Cecilia Lemus Abril, official of FECODE, attempted abduction foiled on 14 May 2001;
    9. (9) six workers in public enterprises in Medellín belonging to SINTRAEMSDES were abducted in the Department of Antioquia on 12 June 2001;
    10. (10) Julio Enrique Carrascal Puentes, member of the national executive committee of CUT, abducted on 10 August 2001;
    11. (11) Winsgton Jorge Tovar, member of ASONAL-CUT, abducted near the municipality of Dagua;
    12. (12) Alvaro Alberto Agudel Usuga, member of ASONAL-CUT, disappeared on 20 August 2001;
    13. (13) Jorge Feite Romero, member of the Association of Pensioners of the University of Atlántico (ASOJUA), on 28 August 2001;
    14. (14) Ricaurte Jaunten Pungo, official of ANTHOC-CUT, on 2 September 2001;
    15. (15) Alvaro Laiton Cortés, President of the Boyacá Teachers’ Union, on 2 September 2001, released shortly after being abducted;
    16. (16) Marco Tulio Agudero Rivera, ASONAL-CUT, in the municipality of Cocorna, on 5 October 2001;
    17. (17) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001;
    18. (18) Carlina Ballesteros, member of the Bolívar Single Teachers’ Union (SUDEB-CUT), on 5 November 2001;
    19. (19) Hugo Alberto Peña Camargo, President of the Arauca Rural Workers’ Association (ACA), detained in the corregimiento of Caño Verde, Department of Arauca, without a judicial warrant, on 13 March 2002;
    20. (20) Hernando Silva, member of the Workers’ Trade Union (USO), abducted in La Quebrada La Nata, Department of Casanare, on 25 March 2002, by paramilitaries;
    21. (21) Arturo Escalante Moros, member of the Workers’ Trade Union (USO), on 27 September 2001;
    22. (22) Miguel Angel Rendón Graciano, Vice-President of the Chocó Subcommittee of the Sena Public Employees’ Trade Union, on 6 April 2002, in the Department of Chocó;
    23. (23) Gonzalo Ramírez Triana, activist in USO, on 30 July 2002, in the Department of Cundinamarca;
    24. (24) on 20 August 2002 the following 27 individuals were abducted in the Department of Chocó, including a number of retirees and workers of the Cali Municipal Trade Union: Flower Enrique Rojas, President of the Cali Trade Union of Workers (SINTRAMUNICIPIO), María del Carmen Rendón, Jair Rendón, Antonio Bejarano, Henry Salcedo, Diego Valencia, Carlos Salinas, Beatriz Orozco, Soledad Fals, Elécer Ortiz, Jaime Sánchez Ballén, Pedro Potosí, Oscar Ivan Hernández, Gerardo Machado, Néstor Naráez, Libaniel Arciniegas, all members of the union.
  • Attempted murders
    1. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000;
    2. (2) Héctor Fabio Monroy, member of AICA-FECODE, was the victim of a gunshot attack on 23 February 2001;
    3. (3) attack on the executive committee of SINTRAEMCALI in the outskirts of the town of Cali, when they were attending a working group to make proposals concerning the Cali Enterprise Recovery Plan, on 10 June 2001;
    4. (4) Clemencia del Carmen Burgos, member of ASONAL-CUT, who was investigating the financing networks of the AUC self-defence groups, on 11 July 2001;
    5. (5) Omar García Angulo, member of SINTRAEMECOL, on 16 August 2001;
    6. (6) Hebert Cuadros, member of the Valle del Cauca Single Union of Education Workers (SUTEV), on 16 November 2001;
    7. (7) the national headquarters of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 8 July 2002 in Bogotá.
  • Acts of violence
    1. (1) Henry Alberto Mosquera, of the Trade Union of Workers of Yumbo municipality, under circumstances similar to those described above;
    2. (2) Ricardo Valbuena, of the Trade Union of Workers of Yumbo municipality, under circumstances similar to those described above.
  • Death threats
    1. (1) Juan de la Rosa Grimaldos, President of ASEINPEC;
    2. (2) Giovanni Uyazán Sánchez;
    3. (3) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers;
    4. (4) the following officials and members of USO: Carlos Oviedo, César Losa, Ismael Ríos, José Meneses, Julio Saldaña, Ladislao Rodríguez, Luis Linares, Rafael Ortiz, Ramiro Luna;
    5. (5) Rosario Vela, member of SINTRADEPARTAMENTO;
    6. (6) numerous officials and members of FECODE;
    7. (7) Jorge Nisperuza, President of the CUT subcommittee, Córdoba;
    8. (8) Gerardo Rodrigo Genoy Guerrero, President of the National Union of Workers, SINTRABANCOL;
    9. (9) José Rodrigo Orozco, President of the CUT-Cauca executive committee;
    10. (10) against SINTRAHOINCOL workers on 9 July 2001;
    11. (11) Leonel Pastas, official of the National Colombian Institute for Agrarian Reform (INCORA), on 14 August 2001;
    12. (12) Rusbel, INCORA official, on 14 August 2001;
    13. (13) Edgar Púa and José Meriño, Treasurer and Prosecutor of ANTHOC, on 16 August 2001;
    14. (14) Jesús Tovar and Ildis Jarava, ANTHOC officials, were followed by heavily armed men from 16 August 2001;
    15. (15) Edgar Mojico and Daniel Rico, President and Press Secretary respectively of the Petroleum Industry Workers’ Trade Union (USO), threatened by AUC members;
    16. (16) On 26 October 2001, the entire executive board of SINTRAVIDRICOL-CUT was threatened with death;
    17. (17) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
    18. (18) against trade union officials in Yumbo;
    19. (19) The headquarters of SINTRAHOINCOL.
  • Harassment
    1. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
    2. (2) Henry Armando Cuéllar Valbuena, harassed and physically assaulted;
    3. (3) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2001;
    4. (4) Jesús Antonio González, Director of the CUT Department of Human and Trade Union Rights, assaulted by police, on 1 May 2001.
  • Sending civilians to war zones
  • In the Ministry of Defence, as a means of anti-trade union harassment, civilians continue to be forced to go to war zones wearing military uniform, without weapons or military training. The following people have been subjected to this:
    1. (1) Carlos Julio Rodríguez García, member of ASODEFENSA;
    2. (2) José Luis Torres Acosta, member of ASODEFENSA;
    3. (3) Edgardo Barraza Pertuz;
    4. (4) Carlos Rodríguez Hernández; and
    5. (5) Juan Posada Barba.
  • Detentions
    1. On 19 October 2001, the following USO officials (active and retired): Edgar Mojica, Luis Viana, Ramón Rangel, Jairo Calderón, Alonso Martínez and Fernando Acuña, former President of FEDEPETROL.
  • Annex II
  • Acts of violence against trade union
  • officials or members for which the
  • Government has sent its observations
  • Carmen Emilio Sánchez Coronel, Aristarco Arzalluz Zúñiga, Víctor Alfonso Vélez Sánchez, Darío de Jesús Borja, Henry Ordóñez, Javier Jonás Carbono Maldonado, Candelaria Florez, William Iguarán Cottes, Jair Cubides, Carlos Humberto Trujillo, Carolina Santiago Navarro, Edgar Manuel Ramírez Gutiérrez, Jaime Orcasitas, Andrés Granados, Robinson Badillo, Mario Ospina, Frank Elías Pérez Martínez, Darío de Jesús Silva, Juan Carlos Castro Zapata, Eugeniano Sánchez Díaz, Julio Alberto Otero, Henry Jiménez Rodríguez, Nelson Narváez, Humberto Zárate Triana, Gonzalo Zárate Triana, Manuel Enrique Charris Ariza, Germán Carvajal Ruiz, Hugo Cabezas, Lucila Rincón, Obdulia Martínez, María Helena Ortiz, Segundo Florentino Chávez, Miryam de Jesús Ríos Martínez, Héctor Eduardo Cortés Arroyabe, Evert Encizo, Yolanda Paternina Negrete, Miguel Chávez, Manuel Ruiz, Ana Ruby Orrego, Luis López y Luis Anaya, Luis José Mendoza Manjares, Martín Contreras Quintero, Carlos Arturo Pinto, Pedro Cordero, Luis Alberto Delgado, Edgar Sierra Parra, Tirso Reyes, Emiro Enrique Pava de la Rosa, Diego de Jesús Botero Salazar, Gonzalo Salazar, Jorge Eliécer González, Javier Cote, Enrique Arellano, Francisco Eladio Sierra Vásquez, Edgar Herrán, Carlos Alberto Bastidas Corral, Luis Alfonso Jaramillo Palacios, Enoc Samboni, Sol María Ropero, Jaime Ramírez, Fabio Eliécer Guio García, Luz Marina Torres, William Mario Upegui Tobón, Luciano Zapata Agudelo, Hernando Jesús Chica, Margort Pisso Rengifo, Ramón Chaverra Robledo, Fidel Seguro, Hernando Arcila Ramírez, Luz Amparo Torres Agudelo, Nancy Tez, Jorge Antonio Alvarez Vélez, Angela Andrade, José Padilla Morales, Luis Pérez Ríos, Hugo López Cáceres, Gloria Isabel García, Miryam de Jesús Ríos Martínez, Ricardo Monroy Marín, Jorge Freite Romero, Rafael Pineda, Juan Eudes Molina Fuentes, Luis Alfonso Aguirre, Juan Diego Londoño Restrepo, Hernando de Jesús Montoya Urrego, Alga Rosa García Marín, Yolanda Cerón Delgado, Jenny Romero Rojas, Servando Lerma, Luz Mila Rincón, Jesús Agreda Zambrano, Expedito Chacón, Luz Carmen Preciado, Santiago González, José Raúl Orozco, Jairo Antonio Chima, Eduardo Alfonso Suárez Díaz, Bertilda Pavón, Carlos Arturo Alarcón, Rubén Arenas, Carmen Elena García Rodríguez, Jairo Alonso Giraldo, Gloria Eudilia Riveros Rodríguez, Oscar Jaime Delgado Valencia, Henry Mauricio Neira, Julio Galeano, Angela María Rodríguez Jaimes, Néstor Rincón Quinceno, Barqueley Ríos Mena, Juan Manuel Santos Rentería, Fernando Cabrales, Hugo Ospina Ríos, Juan Montiel, Emilio Villeras Durán, Alirio Garzón Córdoba, Carlos Alberto Molano, Luis Omar Castillo, Juan Bautista Cevallos, Ernesto Alfonso Giraldo Martínez, Alfredo Zapata Herrera, Oscar Alfonso Jurado, Hernán de Jesús Ortiz, José Robeiro Pineda, Carmenza Pungo, Sandra Liliana Quintero, Gustavo Oyuela Rodríguez, Efraín Urrea Marín, María Nubia Castro, Eddy Socorro Leal Barrera, Nelsy Gabriela Cuesta Córdoba, Heliodoro Sierra, Freddy Armando Girón Burbano, Diofanol Sierra Vargas, Jhon Jairo Durán, Tito Libio Hernández Ordóñez, Javier de Jesús Restrepo, Said Ballona Gutiérrez, Jhon Fredy Marín, Agustín Colmenares, Alberto Martínez, Juan Sepúlveda, Albeiro Ledesma, José Hurtado, Enrique Suárez, Luis Enrique Guisa, Ricardo Eliécer Ruiz, Edilberto Arango Isaza, Froilán Hilario Peláez Zapata, Jairo Ramos, Adalberto Tukamoto Palomino, Isaías Gómez Jaramillo, Hernán de Jesús Ortiz, Eduardo Vasques Jiménez, Jhon Jairo Alvarez Cardona, César Blanco, Carlos Julio Gómez, Luis Enrique Coiran, Helio Rodríguez Ruiz, Manuel Antonio Fuertes Arévalo, Roberto Rojas Pinzón, Wilfredo Camargo Aroca, Rodrigo Gamboa Coy, Felipe Santiago Mendoza, Amparo Figueroa, Francisco Méndez Díaz, Blanca Ludivia Hernández, Alexander Cardona, Roberto Cañarte M., Cristina Echeverri Pérez, Alfonso Mejía Urión, Jario Tovar Díaz, Jorge Enrique Posada, Jhon Jaimes Salas Cardona, Carlos Arturo Alarcón Vera, Gilberto Torres Martínez, José Pérez, Hernando Silva, José Ernesto Ricaurte, Jairo Domínguez, Arturo Vázquez Galeano, Miguel Angel Rendón Graciano, the daughter of William Mendoza, Alberto Herrera, Jorge Amiro Genecco Martínez, Alonso Pamplona, Albeiro González García, Ricardo Herrera, Wilson Bojar Díaz, María Emma Gómez de Perdomo, Carlos Arturo Mejía Polanco, Daniel Orlando Gutiérrez Ramos, Albeiro Forero, the National Food Industry Workers’ Trade Union (SINTRAINAL), Sigilfredo Grueso, Gaspar Guzmán, Rubén Castro Quintana, Carlos Hernán Sánchez, Antonio Zamanete, Omar Romero Díaz, María Clara Baquero Sarmiento, Mario de Jesús Castañeda, Otoniel Ramírez, José Rodrigo Orozco, Gustavo Villanueva, the workers of the Antioquia Union of Municipal Officials of the Department of Antioquia (SINTRAOFAN), Aquiles Portilla, Over Dorado Cardona, Orlando Herrán, Rogelio Pérez Gil, Edgar Alvarez Cañizales, Dalgy Barrera Gamez, Jorge Vázquez Nivia, Javier González, Humberto Castro, Cervulo Bautista Matoma, Jaime Goyes, Jairo Roseño, Rosalba Oviedo, Pedro Layton, Ricardo Chávez, Diego Escandón, Luis Ortega, Carlos Alberto Florez Loaiza, José Hemer Moreno, Luis Hernández, Domingo Tovar Arrieta, Fernando Vargas, Patricia Pinzón, Mario Jesús Castañeda, Oscar Sánchez, Hermes Ortiz, Francisco Bolaños, Jorge Muñoz, headquarters of SINTRAEMCALI, headquarters of SINTRAOFAN, Sigilfredo Grueso, Gaspar Guzmán, Rubén Castro Quintana, Carlos Hernán Sánchez Díaz, Antonio Zamanete, Omar Romero Díaz.
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