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Rapport intérimaire - Rapport No. 367, Mars 2013

Cas no 2761 (Colombie) - Date de la plainte: 08-FÉVR.-10 - Actif

Afficher en : Francais - Espagnol

Allegations: Acts of violence (murder, attempted murder and death threats) against trade union officials and members

  1. 420. The Committee last examined this case at its March 2012 meeting, when it presented an interim report to the Governing Body [363rd Report, paras 402–437, approved by the Governing Body at its 313th Session (March 2012)]. The World Federation of Trade Unions (WFTU) sent new allegations in communications dated 12 April and 7 May 2012 and the Single Confederation of Workers of Colombia (CUT) sent new allegations in a communication dated 2 August 2012.
  2. 421. The Government sent its observations in communications received in May, 14 August and 28 November 2012, and 22 February 2013.
  3. 422. 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. 423. In its previous examination of the case, the Committee made the following recommendations [see 363rd Report, para. 437]:
    • (a) With regard to the 39 murders that are currently under investigation, the Committee trusts that such investigations will make it possible in the very near future to shed light on the facts and punish the culprits. The Committee requests the Government to keep it informed of the investigations under way and the subsequent legal proceedings.
    • (b) Taking note of the request by the Government to remove nine names from the list of murders, as those workers – Paulo Suárez, Raúl Medina Díaz, Apolinar Herrera, Fabio Sánchez, Alberto Jaimes Pabón, Omar Alonso Restrepo, José de Jesús Restrepo, Israel Verona, and Aliciades González Castro – belonged to community action boards and rural workers’ associations, which are not registered as trade union organizations, the Committee considers that, in order to support efforts to investigate the acts of violence against the trade union movement, the criteria for compiling information to be transmitted to the investigating bodies could be analysed on a tripartite basis within the framework of the Committee for Consultation on Labour and Wage Policies.
    • (c) The Committee requests the complainant organizations to provide more information on the circumstances surrounding the murders of Walter Escobar, Mauricio Antonio Monsalve Vásquez, Salvador Forero Moreno, Alejandro José Peñata López, Freddy Antonio Cuadrado Núñez, Norberto García Quinceno, Carlos Andrés Cheiva, Jaime Fernando Bazante Guzmán, Henry Saúl Moya Moya, Francisco Ernesto Goyes Salazar, Duvian Cadavid Rojo, Rosendo Rojas Tovar, Gustavo Gil Sierra, Antonio Garcés Rosero Miyer, Javier Cárdenas Gil, Henry Ramírez Daza, Francisco Valerio Orozco, José Isidro Rangel Avendaño, Jorge Iván Montoya Torrado, Diego Fernando Escobar, Javier Estrada Ovalle and Beatriz Alarcón.
    • (d) With regard to the other murders referred to in the complaint (Miguel Ángel Guzmán, Manuel Alfonso Cuello Valenzuela, Pedro Elías Ballesteros Rojas, Luis Fernando Hoyos Arteaga, William Tafur, Omaira Tamayo Montano, Carlos Hernando Castillo Calvache, María Ligia González, Thomas Aquino Buelvas, Diego Leonardo Vanegas González, Nevis Hernando Bula, José Luis Montemiranda Rodríguez, Ariel de Jesús Benítez Hernández, Wilson Albeiro Erazo Ascuntar, Alberto Hernández, Ramiro Sánchez, Dionis Alfredo Sierra Vergara, Johnny Alfredo Sierra, Carlos Arturo Castro Casas, Carlos Julio Gómez and Rafael Tobón Zea), the Committee urges the Government to take the necessary measures without delay to launch judicial investigations in order to shed light on these murders and to identify and punish the culprits. The Committee requests the Government to keep it informed in this respect.
    • (e) The Committee requests the Government to provide its observations on the allegations contained in the ITUC communication dated 25 January 2012 concerning murders, attempted murders and arbitrary arrests, as well as the lists of murders that occurred in 2011 provided by the CUT and murders of 19 teachers, provided by the FECODE.
    • (f) With regard to the numerous alleged death threats referred to in the complaint (concerning more than 120 individuals), the Committee notes that, according to the Government, investigations are being carried out into the threats made against the members of the National Union of Bank Employees (UNEB) and 19 other trade unionists. The Committee requests the Government to keep it informed with regard to the proceedings under way.
    • (g) Deploring that the Government did not provide any information as regards the majority of the other death threat allegations, the Committee urges the Government to take the necessary measures without delay to launch judicial investigations in order to shed light on these murders and to identify and punish the culprits. The Committee requests the Government to keep it informed in this respect. Furthermore, the Committee requests the Government to take measures without delay to carry out risk assessments corresponding to the threatened union officials and members, in order to provide them with the necessary protection.
    • (h) With regard to the alleged arbitrary detentions, the Committee requests the Government to send its observations in that regard.
    • (i) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.

B. New allegations of the complainant organizations

B. New allegations of the complainant organizations
  1. 424. In its communications dated 12 April and 7 May 2012, the WFTU indicates that its affiliated organizations in Colombia have informed it of statements by a senior member of the self-defence forces in Urabá that confirm the existence of links between paramilitary elements, the political establishment and the armed forces. In the view of the WFTU, this testifies to the Government’s lack of political will to take effective action to put an end to the criminal activities of paramilitary forces that are a threat to the life, security and freedom of association of workers. The WFTU adds that between January and May 2012 four trade union leaders and one union member were murdered and a number of trade unionists and trade unions received threats. More specifically:
    • – Murders: (1) on 9 January, Víctor Manuel Hilarión Palacios, member of the Single Agricultural Workers Trade Union Federation (FENSUAGRO), was murdered, presumably by a Colombian army patrol in the Sumapaz region of the department of Cundinamarca; (2) on 17 January, Mauricio Arredondo, a leader of the Workers’ Trade Union Confederation (USO), was murdered with his wife, Janeth Ordóñez, in the municipality of Puerto Asís, department of Putumayo; (3) on 19 January, Alexander González Blandón, a SINTRAENTEDDIMCCOL leader, was murdered in Andalucía, Valle del Cauca; (4) on 26 January, Ricardo Ramón Paublott Gómez, a SINALTRAINAL leader, was murdered in a public bus in Barranquilla; and (5) on 27 April, Daniel Aguirre Piedrahita, Secretary-General of SINALCORTEROS, was murdered in Las Acacias, municipality of Florida, Valle del Cauca.
    • – Threats: (1) on 17 January, Manuel Coronado, José Socimo Erazo and Julio Vargas, members of the Orito chapter of the USO Oil Workers’ Union, received death threats by telephone in Orito, department of Putumayo, (2) on 1 March, Álvaro Vega received a letter sent from the Jamundí municipality in which Los Rastrojos, a paramilitary group, declared the following individuals and organizations to be military targets: José Alvear Restrepo Lawyer’s Association (CCAJAR), Álvaro Vega (CUT, Valle), Absalón Meneses (ANTHOC, Valle) and Alberto Guzmán (FEGTRAVALLE).
  2. 425. In its communication of 2 August, the CUT alleges that: (1) a few days after Dairo Alberto Rua Artizabal was elected President of the Segovia chapter of the National Union of Mining, Petrochemical, Bio-Diesel Fuels and Energy Industry Workers (SINTRAMIENERGETICA), he received death threats at home; the incident was reported to the Criminal Investigation Unit of the Segovia National Police Force and the Human Rights Directorate was requested to make a risk assessment for all the leaders of SINTRAMIENERGETICA’s Segovia chapter and to prepare a security plan; and (2) in an attempt to assassinate the union’s Secretary for Health and Human Rights, Jhon Jairo Zapata Marulanda, unknown assailants shot at him on five occasions.

C. The Government’s reply

C. The Government’s reply
  1. 426. In communications received in May and on 14 August and 28 November 2012, the Government sent the observations below on all the allegations and recommendations that were still pending from the Committee’s previous examination of the case and on the new allegations presented by the WFTU and the CUT regarding murders that occurred in 2012 (see the appendix for details of the investigations currently under way).

    Recommendation (a)

  1. 427. Regarding the alleged murder of 39 union leaders and members, the Government notes that all the alleged cases are under investigation and provides information on their current status (see the appendix for details of the investigations currently under way). The Government adds that it understands from the information supplied by the trade unions and by the Office of the Public Prosecutor that: (1) it is not known to which unions four of the victims belonged (Walter Escobar Marín, Armando Cáceres Álvarez, Jorge Reinaldo Ramírez and Oberto Manuel Beltrán Narváez); (2) in four cases the victims were members of rural workers’ associations, which are not registered as trade unions (Pablo Suárez Cortez, Raúl Medina Díaz, Apolinar Herrera and Fabio Sánchez Pérez); (3) in none of the cases, except for one, has evidence so far been found that the motive for the murders was the victim’s trade union activities; and (4) the murder was due to the victim’s union activities in one case only (Luis Germán Restrepo, President of SINTRAEMPAQUES), and the perpetrators have been caught and sentenced.

    Recommendation (b)

  1. 428. The Government states that over the years trade unions have cited the murder of workers who were not union members. Moreover, although the investigations are conducted by the sub-unit of the Public Prosecutor’s Office that is responsible for investigating crimes against trade unionists, the cases often have to be referred to other units or sub-units within whose institutional purview they fall. In fact, according to the courts assigned the task of dealing with the backlog of crimes against trade unionists, 70 of the 471 cases reported between 2007 and 2012 were referred to other courts. Furthermore, taking into account the recommendations of the Committee and of the high-level mission that visited the country in 2012, the need to standardize the criteria for determining precisely acts of violence against trade unionists has been placed on the agenda of the Inter-institutional Committee on Human Rights. In order to have more information on which to base these criteria, the Government has issued a standing invitation to the National Trade Union School to attend the Committee’s meetings, and the Office of the Public Prosecutor has held several meetings for the same purpose. The Government reiterates its total and absolute commitment to social dialogue and its firm desire for these criteria to be established on a joint basis.

    Recommendations (d), (e), (f) and (g)

  1. 429. The Government states that all the alleged incidents referred to in these recommendations (murders, attempted murders and cases of arbitrary detention) are under investigation (see the appendix for details of the investigations currently under way). The Government adds that the teaching sector is one of the sectors that has suffered most from the reprehensible acts of violence that the country has experienced, and that teachers work in geographical areas where illegal armed groups are known to be active (50 per cent of the union members who have been murdered were teachers). The Government has adopted special measures to protect this group of workers. In the first place, it set up and organized committees for the defence of teachers under threat, which operate on a decentralized basis in the various departments, districts and municipalities. The committees examine and assess threats against the life and physical integrity of the victims, who are teachers and administrative staff in educational establishments. Teachers who are assessed as being under threat are temporarily relocated, with due recognition and payment of the salaries to which they are entitled.
  2. 430. Regarding the teaching sector, the Government refers to the promulgation of the following:
    • (a) Decree No. 3222 of 10 November 2003, establishing a national and subnational inter institutional group to prevent threats. The group comprises the Ministry of National Education, the Ministry of the Interior and Justice, the Ministry of Social Protection, the Office of the Attorney-General, the Office of the Vice-President and FECODE. The 78 certified territorial bodies now have committees for the defence of teachers under threat, which are responsible for organizing the transfer of teachers in state education establishments for the purposes of protection. The Decree was subsequently repealed by Decree No. 520 of 2010, which sets guidelines for the new rules governing transfers on grounds of safety and establishes a special committee to address threats against teachers and senior teaching staff in the service of the State.
    • (b) Ministerial Directive No. 014 of 2002 on the protection of teachers under threat who are posted away from their homes and Directives Nos 020 of 2003 and 03 of 2004 on the inclusion of teaching and administrative staff on the payroll of personnel funded by the General Resource Sharing System (SGP). These directives establish guidelines for protecting the life and physical integrity of teachers and for their reassignment to other educational institutions.
    • (c) Ministry of Education Resolution No. 1240 of 2010 establishing the procedure for protecting teachers and senior educational staff who are employed in state educational establishments in certified regional education institutions who are under threat.
  3. The Government states that the country currently has 314,794 teachers, of whom 648 (including both unionized and non-unionized teachers) are classified as being under threat. Of these, 334 have been temporarily relocated, 48 are out of the country, 42 have been granted provisional status pending the outcome of a risk assessment conducted by the national police and the Protection Unit of the Ministry of the Interior and 224 have not been relocated.
  4. 431. Regarding the alleged acts of violence as a whole, including the 39 murders referred to in recommendation (a), the available information indicates that so far 11 cases have led to convictions, 13 cases are still before the courts, in five cases the perpetrators have been caught and the remaining cases are still under investigation.

    Recommendation (h)

  1. 432. Regarding the alleged arbitrary detention of Aracely Cañaveral Vélez, Jailer González, Luis Alberto Castillo Flores and Alfonso Yépez Patino, the Government states that: (1) in the case of Aracely Cañaveral Vélez (ASOTRACOMERCIANT), the authority acted under a court order issued for criminal association; (2) no complaint has been filed regarding Jailer González and ASOGRAS; and (3) Luis Alberto Castillo Flores and Alfonso Yépez Patino appear under several different names.

    Allegations presented by the WFTU and the CUT

  1. 433. Regarding the murders that occurred in 2012, the Government indicates that all the alleged incidents are under investigation (Alexander González Blandón, Daniel Aguirre Piedrahita, Mauricio Arredondo and Víctor Manuel Hilarión Palacios), as are a number of murders not cited by the complainants (Efraín Amezquita Quintero, Miguel Ángel Mallama Rodríguez, Luis Carlos Sepúlveda Pérez and Sandra Milena Burbano Pérez). Court proceedings are currently under way concerning the murder of Ricardo Ramón Paublott Gómez.

    Information regarding protection measures

  1. 434. The Government adds that it is now the National Protection Unit (UNP) that is responsible for special protection measures for trade union officials and members who are under exceptional or extreme risk. The level of exceptional or extreme risk is determined through a technical procedure endorsed by the Constitutional Court and implemented under the leadership of the Preliminary Assessment Group, an inter-institutional committee in which the UNP, the Victims’ Unit, the Ministry of Defence and the national police participate with the right to vote. The Office of the Public Prosecutor, the Attorney-General’s Office and the Ombudsman also participate, without the right to vote. With its new structure, the Committee for Risk Assessment and the Recommendation of Measures (CERREM) issues recommendations on measures to be taken to protect victims, according to the level of risk that they face. It is important to note that four representatives of the main workers’ confederations (CUT, CTC and CGT) also attend the meetings of the CERREM.
  2. 435. The protection measures decided upon, which may be individual or collective, consist principally of: (a) the physical protection of buildings and installation of special safety systems, and the provision of comprehensive safety equipment for controlling access to buildings owned by the trade unions where they have their headquarters. In exceptional cases, the private homes of people under the protection of the Protection and Prevention Programme may also be so equipped; and (b) mobile protection arrangements, for a group of two or more persons from the same organization, which include an unmarked or armoured vehicle, a driver and two escorts, and bulletproof vests for the escorts and the persons under protection, and means of communication between the escorts and the protected persons.
  3. 436. In 2009, some 1,550 trade unionists benefited from these protection measures; this figure was 1,454 in 2010, 1,186 in 2011 and 1,373 in 2012. The budget of the Human Rights Directorate of the Ministry of the Interior for this protection programme was 145,000 million Colombian pesos (COP) in 2011, covering all groups (trade unionists, human rights activists, indigenous peoples and people who had to be relocated); this year, the figure rose to COP195,000 million. The great majority of union leaders under threat are currently covered by protection schemes. In addition, the Sub-unit for Crimes against Trade Unionists has 191 officials who were exclusively responsible for investigating crimes against trade unionists, and three judges with their respective teams. The police force has 153 judicial investigators covering trade union issues and there are 14 special investigators, each of which has a judicial assistant and an investigation team. Five more investigators are located in Victims’ Centres in the cities of Bucaramanga, Cartagena, Bogotá, Cali and Medellín.
  4. 437. The Government emphatically rejects any act of violence against any member of the population, especially against the leaders and members of trade unions. It will continue to strive tirelessly to ensure that such acts of violence cease and that their perpetrators are effectively punished. The Government states that it is investigating all acts of violence against members of trade unions. However, the Government requests that the trade unions be urged to provide tangible and specific information so that it can determine whether the acts of violence that they denounce are connected with the victims’ trade union activities. The Government will continue to take all necessary measures to protect union leaders who so request.

    New investigation procedures of the Office of the Public Prosecutor

  1. 438. In a communication dated 6 August 2012, the Public Prosecutor describes his Office’s new policies for investigating acts of violence against trade unionists. With the creation of the interdisciplinary National Analysis and Context Unit, a new criminal investigation policy has been adopted towards human rights violations in order to advance investigations into macro-criminal structures that violate the human rights of trade unionists, based on the standards endorsed by international tribunals. The Government adds that a memorandum of understanding was signed on 2 August 2012 between the Office of the Public Prosecutor and the ILO International Labour Standards Department, emphasizing that the Office of the Public Prosecutor is determined to step up the investigation and prosecution of every case of violence against members of trade unions, inter alia, by organizing training courses, conferences, seminars, skills strengthening courses in subjects of common interest, and the provision of specialized technical advice.
  2. 439. The new strategy emphasizes the need to give priority to investigations into violations of human rights in order to combat impunity effectively. The Public Prosecutor informed the ILO mission that visited the country in 2012 that all cases of the murder of trade unionists cited in the present case have been given priority. The policy has been the subject of widespread consultation and debate with all the social partners. The highest authorities of state power will be involved in the process, the victims will be more closely associated in the criminal proceedings and closer links will be established with the organizations and groups representing them. These joint and tripartite efforts, involving the Ministry of Labour, workers’ confederations, the ANDI and the Office of the Public Prosecutor, will take the form of monthly meetings (which the trade union movement has long been calling for) to discuss trade union concerns and observations with respect to the handling of the investigations into cases of anti-union violence. The Public Prosecutor emphasizes that these measures will produce even more exceptional results than in the past. Moreover, given the State’s total commitment to defending the rights of workers, the Government states that the Office of the Attorney-General has launched an institutional campaign through the media in defence of freedom of association and is participating in forums and agreements with the labour sector.
  3. 440. Finally, in a communication received on 28 November 2012, the Government states that the first monthly meeting was held on 31 August 2012 under the auspices of the Public Prosecutor. The Government enclosed the minutes of the meeting, together with Directive No. 0001 of 4 October 2012 establishing criteria for setting priorities among the various incidents and cases filed and introducing a new criminal investigation management system in the Office of the Public Prosecutor. Moreover, in a communication dated 22 February 2013, the Government transmits two communications from the Public Prosecutor highlighting the need to work with the tripartite intersectoral committee so as to advance in the fight against impunity, and indicating that, in order to ensure the continuity of the efforts already undertaken the year before, the third tripartite meeting has been scheduled on Wednesday, 27 February 2013, with a view to examining the progress made in relation to the acts of violence dealt with in Case No. 2761. Moreover, the Public Prosecutor indicates that, in the framework of the Memorandum of Understanding signed with the International Labour Standards Department in 2012, a training workshop took place in the city of Cali on 21 February 2013, so as to enable the officials of the Office of the Public Prosecutor working at regional level to understand the scope of international labour standards and the need to take them into account as standards when investigating and prosecuting acts of anti-union violence.

D. The Committee’s conclusions

D. The Committee’s conclusions
  1. 441. The Committee recalls that the allegations that were still pending in the present case referred to acts of violence (murders, attempted murders and threats) against union leaders and members (see the appendix for details of the investigations currently under way). It notes the Government’s statement that all the alleged incidents are under investigation and expects that the investigations will shed light on them, establish responsibilities and lead to the perpetrators being prosecuted and convicted. The Committee welcomes the technical assistance provided by the Office with respect to this case.
  2. 442. The Committee also takes note of the Government’s statement concerning all of the alleged incidents that so far 11 cases (Luis Germán Restrepo Maldonado, Walter Escobar Marín, Zoraida Cortez López, José Luis Montemiranda Rodríguez, Carlos Alberto Ayala Moreno, Beatriz Amparo Alarcón Gómez, Javier Cárdenas Gil, Nelson Camacho González, Rosendo Rojas Tovar, Diego Fernando Escobar Munera and José Eliecer Martínez Cano) have led to convictions, 13 cases (Luis Germán Restrepo Maldonado, Fernando Abel Carrasquilla González, Honorio Llorente Meléndez, Carlos Andrés Cheiva Iriarte, Pedro Elías Ballesteros Rojas, Luis Fernández Hoyos Arteaga, Gloria Contanza Goana Rangel, Mauricio Antonio Montsalve Vásquez, Duvian Dario Rojo Cadavid, Pedro Antonio Carreño Moreno, Segundo Salvador Forero Piedrahita, Ibio Efrén Caicedo Caldera and Luis Fernando Hoyos Arteaga) are still before the courts, and in five cases (Jorge Eliecer de los Ríos Cárdenas, Omar Andrés Duran Vergara, Nayib de Jesús Tapias Giménez, Ana Georgina Rodríguez Pinzón and María Eugenia Arango Zapata) the perpetrators have been caught.
  3. 443. The Committee deeply regrets to note the new allegations presented by the WFTU and the CUT concerning the murder in 2012 of four union leaders and one trade unionist, as well as death threats and an attempted murder. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 44].

    Pending allegations

    Recommendation (a)

  1. 444. Regarding the 39 murders that were under investigation, the Committee requested the Government to keep it informed of the outcome of the investigations. The Committee notes the Government’s indication that: (1) all of the alleged cases are under investigation and information is provided on the current situation of the investigations (see the detailed list of investigations in the appendix); (2) it is unknown to which unions four of the victims belonged; (3) in four cases the victims belonged to rural workers’ associations that are not registered as trade unions; (4) in none of the cases, except for one, has evidence so far been found that the motive for the murder was the victim’s trade union activities; and (5) the murder was due to the victim’s union activities in one case only (Luis Germán Restrepo Maldonado, President of SINTRAEMPAQUES), and the perpetrators have been caught and sentenced.

    Recommendation (b)

  1. 445. Regarding the Government’s request that nine names be removed from the list of murders, as the workers concerned belonged to community action boards and rural workers’ associations, which are not registered as trade union organizations, the Committee considered that, in order to support the task of investigating acts of violence against the trade union movement, the criteria for compiling information to be transmitted to the investigating bodies could be analysed on a tripartite basis within the framework of the Committee for Consultation on Labour and Wage Policies. On this point, the Committee notes the Government’s indication that: (1) over the years trade unions have cited murders of workers who were not union members; (2) although the investigations are conducted by the sub-unit of the Public Prosecutor’s Office that is responsible for investigating crimes against trade unionists (they are contained in the list of investigations in the appendix), the cases often have to be referred to other units or sub-units within whose institutional purview they fall; (3) according to the courts assigned the task of dealing with the backlog of crimes against trade unionists, 70 of the 471 cases reported between 2007 and 2012 were referred to other courts; (4) the need to standardize the criteria for determining precisely an act of violence against a union member has been placed on the agenda of the Inter-institutional Committee on Human Rights; (5) with a view to providing a broader basis for the establishment of such criteria, the Government has issued a standing invitation to the National Trade Union School to attend the Committee’s meetings and the Office of the Public Prosecutor has held several meetings for the same purpose; and (6) the Government reiterates its total and absolute commitment to social dialogue and its firm desire that these criteria be established on a joint basis.

    Recommendation (c)

  1. 446. The Committee requested the complainant organizations to provide more information on the circumstances of the murders of Walter Escobar, Mauricio Antonio Monsalve Vásquez, Salvador Forero Moreno, Alejandro José Peñata López, Freddy Antonio Cuadrado Núñez, Norberto García Quinceno, Carlos Andrés Cheiva, Jaime Fernando Bazante Guzmán, Henry Saúl Moya Moya, Francisco Ernesto Goyes Salazar, Duvian Cadavid Rojo, Rosendo Rojas Tovar, Gustavo Gil Sierra, Antonio Garcés Rosero Miyer, Javier Cárdenas Gil, Henry Ramírez Daza, Francisco Valerio Orozco, José Isidro Rangel Avendaño, Jorge Iván Montoya Torrado, Diego Fernando Escobar, Javier Estrada Ovalle and Beatriz Alarcón. The Committee observes that the complainants have not sent the information sought and recalls the importance of communicating the requested information so as to enable the Committee to examine the matter in full knowledge of the facts. The Committee requests the complainants once again to send the relevant information to the Office of the Public Prosecutor to facilitate its investigation of these murders.

    Recommendations (d), (e), (f) and (g)

  1. 447. The Committee had asked the Government for information regarding the allegations of murder, attempted murder (made by the ITUC in a communication dated 25 January 2012) concerning the murder of 21 trade unionists and 19 teachers and death threats (all of which are listed in the appendix). The Committee notes the Government’s indication that: (1) all the alleged acts referred to in the Committee’s recommendations are under investigation (see the appendix for details of the investigations); (2) the teaching sector is one of the sectors that has suffered most from the acts of violence that the country has experienced, as teachers work in geographical areas where illegal armed groups are known to be active; (3) special measures have been taken to protect this group of workers (committees for the defence of teachers under threat examine and assess threats against the life and physical integrity of teachers and administrative staff in educational establishments, and teachers who are assessed as being under threat are temporarily relocated, with due recognition and payment of the salaries to which they are entitled); and (4) the country currently has 314,794 teachers, of whom 648 are classified as being under threat, of whom 334 have been temporarily relocated, 48 are out of the country, 42 have been granted provisional status pending the outcome of a risk assessment conducted by the national police and the Ministry of the Interior’s Protection Unit, and 224 have not been relocated. The Committee firmly expects that the Government will continue taking the necessary steps to put an end to this type of crime and to provide protection for trade union leaders and members under threat in the teaching sector.

    Recommendation (h)

  1. 448. Regarding the alleged arbitrary detention of Aracely Cañaveral Vélez, Jailer González, Luis Alberto Castillo Flores and Alfonso Yépez Patino, the Committee had requested the Government to send its observations on the matter. The Committee notes the Government’s statement that: (1) in the case of Aracely Cañaveral Vélez (ASOTRACOMERCIANT), the authority acted under a court order issued for criminal association; (2) no complaint has been filed regarding Jailer González; and (3) Luis Alberto Castillo Flores and Alfonso Yépez Patino appear under several different names. The Committee requests the complainants, at their monthly meetings with the Office of the Public Prosecutor, to provide the necessary information so that an investigation can be initiated.

    New allegations presented by the WFTU and the CUT

  1. 449. Regarding the new allegations presented by the WFTU (murders of Alexander González Blandón, Daniel Aguirre Piedrahita, Mauricio Arredondo, Víctor Manuel Hilarión Palacios and Ricardo Ramón Paublott Gómez) and by the CUT, the Committee notes the Government’s indication that the alleged acts are being investigated along with other murders not cited by the complainants. The Committee takes note of the Government’s statement that court proceedings are currently under way concerning the murder of Ricardo Ramón Paublott Gómez. The Committee requests the Government to keep it informed of the outcome of the investigations into these murders and to take the necessary steps to investigate the alleged death threats against Jhon Jairo Zapata Marulanda and his attempted suicide.

    Information on protection measures

  1. 450. The Committee notes the Government’s statement that: (1) 1,373 trade unionists currently benefit from protection schemes; (2) the budget for the protection programme was increased to COP195,000 million in 2012; (3) it is now the National Protection Unit (UNP) that is responsible for special protection measures and for the protection of trade union leaders and members who are at exceptional or extreme risk; (4) the level of exceptional or extreme risk is determined through a technical procedure endorsed by the Constitutional Court under the leadership of a Preliminary Assessment Group, an inter institutional committee in which the UNP, the Victims’ Unit, the Ministry of Defence and the national police participate with the right to vote; (5) with its new structure, the Committee for Risk Assessment and the Recommendation of Measures (CERREM) – in which four representatives of the main workers’ confederations (CUT, CTC and CGT) also participate – issues recommendations on measures to be taken to protect victims, according to the level of risk they face; (6) the protection measures decided upon may be individual or collective and consist principally of the physical protection of buildings and the installation of special safety systems, the provision of comprehensive safety equipment for controlling access to buildings owned by the trade unions where they have their headquarters (collective protection), and mobile protection arrangements (individual protection); (7) some 1,550 trade unionists benefited from these protection measures in 2009; the figure was 1,454 in 2010, 1,186 in 2011 and 1,373 in 2012; (8) the great majority of union leaders under threat currently have protection schemes; and (9) the Sub unit for Crimes against Trade Unionists of the Office of the Public Prosecutor has 191 officials who are exclusively responsible for investigating crimes against trade unionists and three judges with their respective teams; the police have 153 judicial investigators covering trade union issues, there are 14 special investigators, each with a judicial assistant and investigating team, and five more investigators are located in Victims’ Centres in the cities of Bucaramanga, Cartagena, Bogotá, Cali and Medellín. The Committee notes this information.

    New investigation policy of the Office of the Public Prosecutor

  1. 451. Finally, the Committee notes with interest the information supplied by the Government and by the Public Prosecutor, according to which: (1) with the creation of the National Analysis and Context Unit, a new criminal investigation policy has been adopted for human rights violations in order to advance investigations into macro-criminal structures that violate the human rights of trade unionists; (2) a memorandum of understanding has been signed between the Office of the Public Prosecutor and the ILO International Labour Standards Department, emphasizing that the Office of the Public Prosecutor is determined to step up the investigation and prosecution of every case of violence against members of trade unions; (3) in the framework of the aforementioned Memorandum, a training workshop was held in the city of Cali on 21 February 2013, so as to enable the officials of the Office of the Public Prosecutor working at regional level to understand the scope of international labour standards and the need to take them into account as standards when investigating and prosecuting acts of anti-union violence; (4) the new strategy emphasizes the need to give priority to investigations into violations of human rights in order to combat impunity effectively; (5) all the cases of murders of trade unionists cited in the present case have been given priority; (6) a joint and tripartite mechanism involving the Ministry of Labour, workers’ confederations, the ANDI and the Office of the Public Prosecutor has been set up in the form of monthly meetings (which the trade union movement has long been calling for) to discuss trade unions’ concerns and observations with respect to the handling of investigations into cases of anti-union violence; (7) the first monthly meeting was held on 31 August 2012, chaired by the Public Prosecutor and, in 2013, another meeting was held on 27 February; and (8) Directive No. 0001 establishing criteria for the prioritization of situations and cases and introducing a new criminal investigation management system in the Office of the Public Prosecutor was adopted on 4 October 2012.
  2. 452. The Committee firmly expects that the new investigation policy adopted by the Office of the Public Prosecutor – in which it has been decided to give priority to all the murders of trade unionists cited in this case and a tripartite mechanism has been set up in the form of monthly meetings to discuss concerns and observations with respect to the investigations – will be conducive to the swift resolution of the cases that have been denounced, including the new allegations presented by the WFTU and the CUT, so that the perpetrators of all acts of violence against union leaders and members can be identified, prosecuted and convicted. The Committee requests the Government to inform it of the outcome of the investigations.

The Committee’s recommendations

The Committee’s recommendations
  1. 453. In the light of its foregoing interim conclusions, the Committee requests the Governing Body to approve the following recommendations:
    • (a) Deeply regretting the alleged acts of violence denounced in this case against union leaders and members, the Committee firmly expects that the new policy adopted by the Office of the Public Prosecutor concerning investigations – under which it has been decided to give priority to all cases of murders of trade unionists cited in this case and a tripartite mechanism has been set up in the form of monthly meetings to deal with concerns and observations with respect to the investigations – will be conducive to the swift resolution of the cases that have been denounced, including the new allegations presented by the WFTU and the CUT, so that the perpetrators of all acts of violence against union leaders and members can be identified, prosecuted and convicted. The Committee requests the Government to inform it of the outcome of the investigations concerning the acts of violence in the present case, especially regarding the functioning of the tripartite mechanism established to collaborate in the investigation of acts of violence against trade unionists. As regards recommendation (c) of its previous examination of this case, the Committee requests the complainant organizations to provide the Public Prosecutor with all the necessary information so that the relevant investigations can be instituted.
    • (b) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of the matters dealt with in this case.

Appendix

Appendix

Status of investigations (murders, attempted murders, death threats)

Murders

Trade union leaders

  • 1. Benito Díaz Álvarez – ADEMACOR
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor.
  • 2. Abdiel Hernán Ordóñez Dorado – ASEINPEC
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor.
  • 3. Luis Germán Restrepo Maldonado – SINTRAEMPAQUES
  • Status: the case has been tried and convictions have been handed down. Persons convicted: Jhon Bayron Cardona Sepúlveda, Alejandro Pérez Pérez, Alexander Correa Martínez, Hernán Javier Molina Saldarriaga, Nelson Camacho González and Ibio Efrén Caicedo. Responsible institution: National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.

Trade union members

  • 1. Walter Escobar Marín
  • Status: conviction.
  • Responsible institution: Specialized Prosecution Unit 15, Cali, Valle del Cauca.
  • The Government states that the complaint cites the murder of this teacher, but does not provide any information suggesting that the motive of the crime was the victim’s trade union activities. According to information provided by the national police, the incident took place during a confrontation between uniformed police and two individuals on bicycles who attacked a petrol station, gagged two employees and a guard and fired on the police. The outcome of the incident was that two individuals were injured and Escobar Marín, who was carrying a firearm, was killed. The Government adds that neither the complaint nor the investigation indicates the trade union to which the victim belonged.
  • 2. Luis Franklin Vélez Figueroa – SINTRAUNICOL
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 3. Jorge Alberto García Ospina – SER
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 4. María Rosabel Zapata Henao – SUTEV
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 83.
  • 5. Pablo Antonio Rodríguez Garavito – ASEDAR
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103.
  • 6. Rafael Antonio Sepúlveda Lara – SEPHEM and ANTHOC
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 123.
  • 7. Hebert González Herrera – FENSUAGRO
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 79.
  • 8. Jacinto Herrera – ASODEGUA
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 78.
  • 9. Miguel Ángel Guzmán Redondo – SER
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 10. Diego Rafael Cobo Mario – ADEMACOR
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 11. Gustavo Ignacio Gómez Vargas – SINALTRAINAL
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 12. John Fredy Díaz Ortiz – ASEINPEC
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 127.
  • 13. Fernando Abel Carrasquilla González – FENSUAGRO
  • Status: trial in progress – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 79.
  • 14. Oscar Eduardo Suárez Suescun – ASINORT
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 123.
  • 15. Zuly Balbina Rojas Leal – SINDESS
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103.
  • 16. Honorio Llorente Meléndez – SINTRAINAGRO
  • Status: trial in progress – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 79.
  • 17. Rafael Antonio Cantero Ceballos – ADEMACOR
  • Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 18. Mauricio Antonio Monsalve Vásquez – ADIDA
  • Status: under investigation – Prosecution Office, Section 127, Ituango.
  • 19. Pablo Suárez Cortez – Rural Workers’ Association of Arauca (ACA) Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 79.
  • 20. Ramiro Israel Montes Palencia – ADEMACOR Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 21. Raúl Medina Díaz –ACA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103. It is requested that the victim be removed from the list, as he was not a trade unionist.
  • 22. Apolinar Herrera –ACA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103. It is requested that the victim be removed from the list, as he was not a trade unionist.
  • 23. Zoraida Cortes López – SER Status: conviction – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 2.
  • 24. Fabio Sánchez Pérez –ACA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103. It is requested that the victim be removed from the list, as he was not a trade unionist.
  • 25. Freddy Fabián Martínez Castellanos – ADE Status: shelved. The Government states that the victim committed suicide on 26 January 2010 and the investigation was shelved on grounds of unusual conduct.
  • 26. Armando Cáceres Álvarez Status: under investigation – Prosecution Office, Section 34, Bogota D.C. The Government states that neither the complaint nor the investigation indicates the trade union to which the victim belonged. It therefore respectfully requests the Committee to ask the complainants for proof of the victim’s trade union membership and evidence of a cause linking the crime to his union activities.
  • 27. Lenny Yanube Renjifo Gómez – ASOINCA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 28. Ivan Eduardo Tovar Murillo – SIMATOL Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 89.
  • 29. Manuel Alfonso Cuello Valenzuela – SUDEB Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 84.
  • 30. Alberto Jaimes Pabón – FENSUAGRO Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103.
  • 31. Jorge Reinaldo Ramírez Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Prosecution Office, Section 23, La Unión, Valle del Cauca. The Government states that neither the complaint nor the investigation indicates the trade union to which the victim belonged. It therefore respectfully requests the Committee to ask the complainants for proof of the victim’s trade union membership, together with evidence of a cause linking the crime to his union activities.
  • 32. Norberto García Quiceno – SUTEV Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 124.
  • 33. Jaime Fernando Bazante Guzmán – ASOINCA Status: under investigation – Prosecution Office, Section 4, Caloto, Cauca.
  • 34. Henry Saúl Moya Moya – ASTRACATOL Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 1.
  • 35. Oberto Manuel Beltrán Narváez Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 1. The Government states that neither the complaint nor the investigation indicates the trade union to which the victim belonged. It therefore respectfully requests the Committee to ask the complainants for proof of the victim’s union membership, together with evidence of a cause linking the crime to his union activities.
  • 36. Rigoberto José Polo Contreras – ADEMACOR Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 84.
  • 37 and 38. Omar Alonso Restrepo Ospinay, José de Jesús Restrepo Restrepo – FEDEAGROMISBOL Status: under investigation – Specialized Prosecution Unit 5 – National Unit for persons who have disappeared or been forcibly removed.
  • 39. Pedro Elías Ballesteros Rojas – ASONAL JUDICIAL Status: trial in progress – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 2.
  • 40. Luis Fernando Hoyos Arteaga – ADEMACOR Status: trial in progress – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Prosecution Office, Section 4, Montería, Córdoba.
  • 41. William Tafur Velásquez – SINTRAM1ENERGETICA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 126.
  • 42. Omaira Tamayo Mendoza – EDUMAG Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 78.
  • 43. Carlos Hernando Castillo Calvache – ASEINPEC Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 87.
  • 44. María Ligia González de Pérez – FECODE Status: under investigation – Prosecution Office, Section 28, Tuluá, Valle del Cauca.
  • 45. Tomas de Aquino Buelvas Oviedo – ADEMACOR Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Specialized Office of the Public Prosecutor.
  • 46. Diego Leonardo Vanegas González – ADIDA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 84.
  • 47. Nevis Hernando Bula Sequéda – ADEMACOR Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 84.
  • 48. José Luis Montemiranda Rodríguez – SINCONTAXCAR Status: conviction – Prosecution Office, Section 48, Cartagena, Bolívar.
  • 49. Ariel de Jesús Benítez Hernández – ADIDA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 85.
  • 50. Wilson Albeiro Erazo Ascuntar – SINALTRAINAL Status: under investigation – Prosecution Office, Section 52, Palmira, Valle del Cauca.
  • 51. Alberto Hernández Molina – SIDEMS Status: under investigation – Prosecution Office, Section 1, Saravena, Norte de Santander.
  • 52. Ramiro Antonio Sánchez Muñoz – Asociación Gremial de Contratistas Status: under investigation – Prosecution Office, Section 1, Puerto Boyacá, Caldas.
  • 53. Dionys Alfredo Sierra Vergara – ADEMACOR Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 103.
  • 54. Carlos Arturo Castro Casas – SINTRAEMCALI Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 124.
  • 55. Carlos Julio Gómez González – SUTEV Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 124.
  • 56. Rafael Tobón Zea – SINTRAMIENERGETICA Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor.
  • 57. Juan Carlos Chaguí Cueter – SIGINPEC Status: under investigation – Prosecution Office, Section 4, Barranquilla, Atlántico.
  • 58. Carlos Arturo Castro Casas – SINTRAEMCALI Status: under investigation – Prosecution Office, Section 119, Cali, Valle del Cauca.
  • 59. Eduard Fabián Zúñiga Vásquez and Wilmer Serna – SINTRAINAGRO Status: under investigation – Sectional Prosecution Office, Apartado, Antioquia.
  • 60. John Fredy Carmona Bermúdez – SINALTRAINAL Status: under investigation – Murder Prosecution Office, Section 31, Medellín, Antioquia.
  • 61. Dora Liliana Ochoa Serna – SINTRAOFAN Status: under investigation – Prosecution Office, Section 87, Segovia, Antioquia.
  • 62. Tarcisio Betancourt Ballesteros – SINTRAMUNICIPIOS Status: under investigation – Prosecution Office, Section 139, Yumbo, Valle del Cauca.
  • 63. Jorge Alberto Durante – SINTRAINAGRO Status: under investigation.
  • 64. Carlos Julio Gómez González – SUTEV Status: under investigation – National Unit for Human Rights and International Humanitarian Law (DIH) of the Office of the Public Prosecutor – Specialized Prosecution Unit 124.
  • 65. Jorge Eliécer de los Ríos Cárdenas – SER Status: Jhorman David Rosero Villegas, Kevin Estiven Moncada and Lucas Ortiz Ortiz caught as the perpetrators. Responsible institution: Prosecution Office, Section 8, Dos Quebradas, Risaralda.
  • 66. Alejandro José Peñata López – ADEMACOR Status: under investigation – Prosecution Office, Section 21, Cereté, Córdoba.
  • 67. Eduardo Moisés Aponzá Cuero – SIMANA Status: under investigation – Prosecution Office, Section 28, Tumaco, Nariño.
  • 68. Omar Andrés Duran Vergara Status: the perpetrators have been arrested – Prosecution Office Section, Taraza, Antioquía.
  • 69. Luis Alfonso Díaz Villa – UNICORDOBA Status: under investigation – Prosecution Office, Section 6, Montería, Córdoba.
  • 70. Nayib de Jesús Tapias Jiménez – ADIDA Status: Mariano Esteban Barreto Machado has been caught – Prosecution Office, Section 30, Arboletes, Antioquia.
  • 71. Luis Arbey Quiroz Vivas – Teachers’ Trade Union, El Caquetá Status: under investigation – Prosecution Office, Section 36, La Unión, Valle del Cauca.
  • 72. Luis Alberto Bohórquez Chávez – Teachers’ Trade Union, El Caquetá Status: under investigation – Prosecution Office, Section 18, Puerto Rico, El Caquetá
  • 73. Manuel Esteban Tejada Ricardo – ADEMACOR Status: under investigation – Prosecution Office, Section 25, Planetarica.
  • 74. Ana Georgina Rodríguez Pinzón – SES Status: Rubén Eduardo Ramírez Corredor has been caught – Prosecution Office, Section 4, Socorro.
  • 75. Humberto de Jesús Espinoza Díaz – SER Status: under investigation – Prosecution Office, Anserma Caldas.
  • 76. Carlos Alberto Ayala Moreno – ASEP Status: Rubén Darios Rosero Quiroz has been convicted and Jesús Carlos Cuchimba Vallejos is scheduled to be heard – Prosecution Office, Section 44.
  • 77. Freddy Antonio Cuadrado Núñez – EDUMAG Status: under investigation.
  • 78. Carlos Julio Gómez González – SUTEV Status: under investigation. Responsible institution: Prosecution Office, Section 116.
  • 79. María Eugenia Arango Zapata – ADIDA Status: Omar Andrés Duran Vergara has been caught – Prosecution Office Section.
  • 80. Félix María Rincón Cáceres – ADE Status: under investigation – Prosecution Office, Section 307, Uri.
  • 81. José Alberto Martínez Berrio – ADUCESAR Status: under investigation – Prosecution Office, Section 22, Chiriguana.
  • 82. Gloria Contanza Gaona Rangel Status: trial in progress – court hearing set for July 2012.
  • 83. Héctor Orozco – FENSUAGRO Status: under investigation.
  • 84. Gildardo García Ducuara – CUT Status: under investigation.
  • 85. Francisco Manuel Valerio Orozco Status: under investigation.
  • 86. Beatriz Amparo Alarcón Gómez – ADIDA Status: conviction – Prosecution Office, Section 216.
  • 87. Gustavo Eliecer Gil Sierra Status: under investigation.
  • 88. Julián Andrés Chávez Moreno Status: under investigation.
  • 89. Aracely Quinchoa and Javier Estrada Ovalle Status: under investigation.
  • 90. Willington Siniesterra Ocoro Status: under investigation.
  • 91. Beatriz Oliva Dorado Molano Status: under investigation.
  • 92. José Isidro Rangel Avendaño Status: under investigation.
  • 93. Jorge Iván Montoya Torrado Status: under investigation. 94. Israel Verona Status: under investigation.
  • 95. Acibiades González Castro Status: under investigation.
  • 96. Carlos Andrés Cheiva Iriarte Status: preliminary hearing at the Second General District Court of Leticia on 6 July. The defence successfully called for the case to be dismissed, and an appeal has been lodged against the ruling.
  • 97. Diego Fernando Escobar Munera Status: under investigation.
  • 98. Henry Ramírez Daza Status: under investigation.
  • 99. Franco Ernesto Goyes Salazar Status: under investigation.
  • 100. Elkin Eduardo Gómez Saumeth Status: under investigation.
  • 101. Mauricio Antonio Montsalve Vásquez – ADIDA Status: indictment – Specialized Prosecution Unit 29, Medellín.
  • 102. Duvian Dario Rojo Cadavid – ADIDA Status: trial in progress – Prosecution Office, Section 11, Puerto Berrio.
  • 103. Javier Cárdenas Gil – Trade Union Association of Sand and Ballast Workers, El Quindio. Status: conviction – Prosecution Office, Section 15.
  • 104. Nelson Camacho González – USO Status: conviction – Prosecution Office, Section 1, Barrancabermeja.
  • 105. Jorge Reinaldo Ramírez Status: under investigation – Prosecution Office, Section 23, La Unión.
  • 106. Pedro Antonio Carreño Moreno – USO Status: trial in progress – Prosecution Office, Section 42.
  • 107. Rosendo Rojas Tovar – AICA Status: conviction – Prosecution Office, Section 18, Puerto Rico.
  • 108. Segundo Salvador Forero Piedrahita – EDUCAL Status: trial in progress – Prosecution Office, Section 2, Anserma.
  • 109. Diego Fernando Escobar Munera – ASONAL JUDICIAL Status: conviction – Specialized Prosecution Unit 20.
  • 110. Ibio Efren Caicedo Caldera – ADIDA Status: trial in progress – Specialized Prosecution Unit 14.
  • 111. Luis Fernández Hoyos Arteaga – ADEMACOR Status: trial in progress – Prosecution Office, Section 4.

Attempted murders

  • 1. Over Dorado Cardona – ADIDA Status: under investigation – Specialized Prosecution Office 39, Medellín, Antioquía.
  • 2. José Eliecer Martínez Cano (Mr Cardona’s escort) Status: conviction.
  • 3. Esteban Rafael Padilla Martínez and Munir Alir Cantillo Carrillo – SINTRAMIENERGETICA Status: under investigation – Prosecution Office, Section 62, Cali, Valle del Cauca.
  • 4. Dubán Antonio Vélez Mejía – SINALTRAINAL and Diego Fernando Ríos Palacio (escort) Status: under investigation – Prosecution Office, Section 121, Medellín, Antioquía.
  • 5. Wilson Sáenz Manchola – CUT Status: under investigation.

Death threats

  • 1. Yesid Calvache Saavedra – SINTRAPETROPUTUMAYO Status: under investigation – Prosecution Office, Section 41, Mocoa.
  • 2. Omar Romero Díaz Status: under investigation – Prosecution Office, Section 25.
  • 3. Mario Montes de Occa Anaya – ADEMACOR Status: under investigation – National Unit for Human Rights – Specialized Prosecution Unit 37.
  • 4. Luis Javier Correa Suárez – SINALTRAINAL Status: under investigation – Prosecution Office, Section 3, support structure, Bucaramanga. 5. Pedro Antonio Carreño Moreno – USO Status: trial in progress – Prosecution Office, Section 42, Villavicencio.
  • 6. José Omar Olivo Brito – EDUMAG Status: under investigation – National Unit for persons who have disappeared or been forcibly removed – Specialized Prosecution Unit 18.
  • 7. Over Dorado Cardona – ADIDA Status: under investigation – Specialized Prosecution Unit 39, Medellín.
  • 8. Rodolfo Vecino Acevedo – USO Status: under investigation – Specialized Prosecution Unit 1, Cartagena.
  • 9. Martín Fernando Ravelo Ravelo, Robinson Díaz Camargo, Rafael Rodríguez Moros – USO Status: under investigation – Prosecution Office, Section 1, Barrancabermeja.
  • 10. Rafael Cabarcas Cabarcas – USO Status: under investigation – Prosecution Office, Section 48, Cartagena.
  • 11. Gustavo Sarmiento Triviño – CGT Status: under investigation – Prosecution Office, Section 11, Pereira.
  • 12. Jaime Burbano, Oscar Salazar and Deyanira Martínez – SUTEC Status: under investigation – Prosecution Office, Section 2, Popayán, Cauca.
  • 13. Juan Carlos Valencia, María Eugenia Londoño, Vicente Villada, Diego Osorio, Guillermo Castaño, Jairo Quintero, Gustavo Marín, Hernando Aguirre, Carlos Valencia, Gerardo Santibáñez and Héctor García – SINTRAEMDES, SER, CUT Status: under investigation – Prosecution Office, Section 11, Pereira, Risaralda.
  • 14. Alex Gómez López, Octavio Collazos Calderón, Héctor Valencia, Libardo Pérez, Carlos Silva, Wilson Pérez, Yesid Doncel, Jorge Londoño, Franco Jojoa, Fernando Mecaya, Antonio Valen, Martha Vaquiro, Rosemery Londoño, Luz Mila Beltrán and Yolanda Fajardo – FENSUAGRO Status: under investigation – Prosecution Office, Section 8, Florencia.
  • 15. Miguel Alberto Fernández Orozco – CUT Status: under investigation – Local Prosecution Office 11, Popayán, Cauca.
  • 16. Fredis Enrique Marrugo Velásquez – USTRIAL Status: under investigation – Prosecution Office, Section 48, Cartagena.
  • 17. Henry Ezequiel Gordon Atencio – CUT Status: under investigation – Prosecution Office, Section 9, Barranquilla.
  • 18. Ingrid Vergara Chávez Movice Status: under investigation – Prosecution Office, Section 6, Síncelejo.
  • 19. Fernando Carvajal Becerra – SINTRAPETROPUTUMAYO Status: under investigation – Prosecution Office, Section 39, Mocoa, Putumayo.
  • 20. APROCOP, FUNCONDESABA, ASORVIM, USO, Human Rights Workers’ Association, OFP and ASODEV, SJR, PDPMM, SINDES, CREDHOS, Committee for Displaced Persons, Social Forum, ASODESAMUBA, SINALTRAINAL, ACVC, 16 Mayo Status: under investigation – Specialized Prosecution Unit 7, Bucaramanga.
  • 21. Luis Javier Correa Suárez, John Jairo Montoya S.J. – SINALTRAINAL and others Status: under investigation – Prosecution Office, Section 2, Barrancabermeja.
  • 22. Edgar Ramírez Delgado – SINTRAEMCALI Status: under investigation – Prosecution Office, Section 47, Cali, Valle del Cauca.
  • 23. Employees, Montajes JM SA Status: under investigation – Prosecution Office, Section 32, Villavicencio. 24. Luis Eduardo Benítez Niño Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 25. Members of the police and of the army Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 26. National police Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 27. Wilton Aguirre Díaz Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 28. Jefferson Ramiro Morales González Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 29. José Saúl Roa Gómez Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 30. Yeison Vásquez Álvarez Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 31. Juan Carlos Soler Vera Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 32. Leonardo Barajas Rodríguez Status: under investigation – Prosecution Office, Local Unit 7 of the Attorney’s General’s Office, Villavicencio.
  • 33. Duarte Rodríguez Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 34. Henry Jara Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 35. Fernando Bocanegra Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 36. Manuel Alberto Alvarado Jaramillo Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 37. Roñal Fernando Contreras Sissa Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 38. José Fernando Villamil Martínez Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 39. Diego Duvan Cely Riveros Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 40. Alex Heyner Garzón Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 41. Cristian Alexis Quiroga Pineda Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 42. Rodrigo Alfonso Romero Romero Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 43. Alexandra Uribe Abisambra Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 44. Llanos Orientales oil pipeline Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 45. Pacific Rubiales Energy Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 46. Jairo Alexander Miranda Barahona Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 47. Luis Alfonso Bétancourt Navarro Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 48. Laurentino Pérez Duitama Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 49. Wilson Alfonso Buitrago Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 50. Juan Carlos Nustes Mayorga and José Antonio Nupia Jiménez Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 51. José Elkin Quimbayo Mesa Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 52. Power, Gil and Gas Ltd Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 53. Javier Alexander Aris Cárdenas Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 54. Fernando Montoya Beltrán Status: under investigation – Prosecution Office, Local Unit 7, Villavicencio.
  • 55. Omar Darian Cárdenas Torres Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 56. Cesar Augusto Rodríguez Patarroyo Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 57. Jaime Ernesto Castilla Luna Status: under investigation – Prosecution Office, Section 34, Villavicencio.
  • 58. Edwin Antonio Pineda Parada Status: under investigation – Prosecution Office, Section 32, Villavicencio.
  • 59. José Eliecer Martínez Cano Status: conviction – Specialized Prosecution Unit 39, Medellín.
  • 60. José Fraybel Melo Bedoya Status: under investigation.
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