Interim Report - REPORT_NO348, November 2007

231. The Committee last examined this case at its November 2006 meeting [see 343rd Report, paras 375–427, approved by the Governing Body at its 297th Session, November 2006]. The International Confederation of Free Trade Unions (ICFTU) (now the ITUC) sent new allegations in a communication dated 27 September 2006. The Petroleum Industry Workers’ Trade Union (USO) sent new allegations in a communication dated 21 September 2006. The National Association of Civil Servants and Employees in the Judicial Branch (ASONAL JUDICIAL) sent new allegations in a communication dated 6 October 2006. The ITUC sent new allegations in communications dated 22 February, 19 March and 17 April 2007. The National Federation of Agricultural Unions (FENSUAGRO) sent new allegations in a communication dated 5 June 2007. The World Federation of Trade Unions (WFTU) sent new allegations in communications dated 16 May and 13 August 2007. The CUT also sent new allegations in a communication dated 16 August 2007 and the ITUC in a communication of 13 September 2007.

1. 232. The Government sent its observations in communications dated 4 November 2006, 30 May and 1 October 2007.
2. 233. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 234. At its November 2006 meeting the Committee made the following recommendations on the allegations that remained pending and that relate principally to acts of violence against trade unionists [see 343rd Report, para. 427]:
2. (a) In general, the Committee observes that, bearing in mind the new allegations relating to murders, disappearances, threats, detentions and harassment suffered by trade union officials and members, there is still an extremely serious problem of violence in Colombia.
3. (b) The Committee, whilst noting the protection measures being put in place by the Government, requests it to continue taking all possible steps to provide effective protection for all trade union members, enabling them to exercise their trade union rights freely and without fear. The Committee stresses the need for the interested parties to be able to rely on this protection, and requests the Government to indicate the reasons why the unions have not benefited from the mobile protection and security perimeter installation schemes in 2006.
4. (c) The Committee once again urges the Government, in the strongest possible terms, to take the necessary steps to pursue the investigations that have been initiated and to put an end to the intolerable impunity that currently exists, in order that all responsible parties can be effectively punished.
5. (d) The Committee firmly expects that the tripartite agreement signed in June 2006 between the Government and the social partners, which includes plans for permanent representation of the International Labour Organization and provides for careful follow-up of the findings of the Office of the Public Prosecutor’s special investigation group to combat impunity, will yield tangible results in the near future.
6. (e) The Committee requests the Government to keep it informed regarding the entry into force and the mode of application of the Justice and Peace Act, No. 975, of 2005, and its effect on the cases of violence still pending.
7. (f) As regards the allegations concerning the existence of a plan, known as “Operation Dragon”, to eliminate various trade union officials, the Committee firmly expects that, in light of the extremely serious nature of the allegations presented, the investigations can be properly concluded, and requests the Government to send information on developments in these investigations.
8. (g) As regards the allegations presented by the ICFTU concerning accusations made by a former member of the Administrative Department for Security, the Committee, stressing the serious nature of the accusations, requests the Government to carry out an independent investigation as a matter of urgency and to inform it of the outcome.
9. B. New allegations
10. 235. In their communications of 21 and 27 September and 6 October 2006 and 22 February, 19 March, 17 April, 5 June and 13 August 2007, the complainant organizations refer to the following allegations:
11. Murders
12. 1. Hugo Hernán Preafán Gómez, a member of ASONAL JUDICIAL, on 31 October 2006, in Villavicencio, Meta.
13. 2. Daniel Ruiz Bedoya, member of the Branch Union of the Guard of the National Prison Institute, on 9 January 2007, in Itagüí.
14. 3. Jaime Vanegas Castellanos, member of the Association of Teachers of the Atlantic, on 14 January 2007, in Solead.
15. 4. Francesco Bedoga Burgos, member of the Nariño Educational Workers’ Union (SIMANA), on 15 January 2007, in Ricaurte.
16. 5. María Teresa Chicaiza Barbano, member of the Nariño Educational Workers’ Union (SIMANA), on 15 January 2007, in Ricaurte.
17. 6. Arnoldo Enrique Campo Medina, member of the César Teachers’ Association (ADUCESAR), on 29 January 2007, in Chiriguana.
18. 7. Luis Fabián Moreno Marín, member of the Risaralda Teachers’ Union (SER), on 1 February 2007, in Pereira.
19. 8. Carmen Cecilia Santana Romaña, member of the Complaints Committee of the Trade Union of Stockworking Industry Workers (SINTRAINAGRO) and wife of Mr Hernán Correa Miranda, first Vice-President of the CUT, on 7 February 2007, in Apartadó.
20. 9. William Cabuyales Diáz, President of the Agricultural Workers’ Union of Cabuyal, member of the regional board of FERTRASUCCOL, on 28 February 2007, in Cali.
21. 10. Alcira Tapia Muñoz, member of the Primary Teachers’ Association of Cauca (ASOINCA), on 21 March 2007, in Popayán.
22. 11. Teresa Silva, member of the Primary Teachers’ Association of Cauca (ASOINCA), on 28 March 2007, in Santander.
23. 12. Miguel Macías, member of the Primary Teachers’ Association of Cauca (ASOINCA), on 27 April 2007, in Caldono.
24. 13. Luis Miguel Gómez Porto, President of the Sucre Farm Workers’ Union (SINDAGRICULTORES), affiliated to FENSUAGRO, on 3 May 2007, in the village of Ojito, municipality of Colosó, department of Sucre. He had been detained on 11 June 2004 by the Marina Infantry, accused of rebellion, and an unauthorized search of his home was subsequently carried out on 11 April 2005. FENSUAGRO accuses the Marina Infantry of his murder.
25. 14. Ana Silvia Melo de Rodríguez, founder and former Director of the “Manuela Betrán” Union of Workers and Retailers of Food and Drinks in the Plaza del Mercado del Barrio San Francisco (SINDIMANUELA), on 19 May 2007.
26. 15. Andrés Melán Cardona, son of a trade unionist of Textiles Ríonegro, on 6 June 2007, in Ríonegro, when his wife and brother were also wounded.
27. 16. Julio César Gómez Cano, member of the Primary Teachers’ Association of Antioquia (ADIDA), on 23 June 2007, in Ríonegro.
28. Assaults on persons
29. 1. On 14 May 2006, two men injured the son of Eduardo García Fuente, an ANTHOC official.
30. 2. On 15 August 2006, Ms Martha Cecilia Díaz Suárez, President of the Bucaramanga Executive Committee of the Santander Association of Public Servants, was abducted, intimidated and assaulted.
31. 3. Henry Alzate, Vice-President of the National Union of Workers in Gastronomy, Hotel and Allied Industries (Hogar–CGT), Cali branch of the CGT, on 13 February 2007, on the Cali South-Eastern motorway.
32. Threats and harassment
33. 1. Threats against SINTRAMINERGETICA, in particular against Rubén Morrón, on 13 June 2006.
34. 2. Threats against the National Trade Union School, which has been declared a military target.
35. 3. Threats against the “José Alvear Restrepo” Society of Lawyers (which represents a number of trade union organizations).
36. 4. Threats against SINALTRAINAL, on 5 May 2006, in particular against Eurípides Yance and Limberto Carranza, Jesús Tovar Castro, Henry Gordon, Tomás Ramos Quiroz, Gastón Tesillo, Carlos Hernández and Héctor Jairo Paz.
37. 5. Threats against Domingo Tovar Arrieta, director of the Human Rights Department of the CUT.
38. 6. Threats against the members of the Bochica Export SA Workers’ Union, by the armed group Aguilas Negras del Oriente, after the trade union was set up on 28 January 2007. Pressure by members of the enterprise for the trade union not to be set up and threats against the wives of the trade union members.
39. 7. Threats against the executive committees of SINTRATELEFONOS, SINTRAUNICOL, SINTRAEMCALI, FECODE, ANTHOC and UNEB.
40. 8. Harassment of the leaders of the United Teachers’ Organization of Caldas (EDUCAL), with the suspension of trade union leave and the initiation of disciplinary and administrative proceedings.
41. 9. Threats against Raúl Enrique Gómez Velasco, President of the Free Workers’ Federation of North Santander (FETRALNORTE), who on 12 June received the last of a series of threats, for which reason he decided to relocate with this family.
42. Detentions
43. 1. José Piñeres, 83 years of age, was detained on 30 April; a member of FENSUAGRO.
44. 2. Luis Fernando Duque, Telmo Cuero Tegue, César Adolfo Castro, Santander Tapias Morelo, Arbey Mina Estupiñán, Humberto Jaime Tenganan, Argemiro Narváez, Yarli Enerica Maniguaje, Ariel Ortiz Ramírez, María I Cabrera, were detained collectively on 11 February 2006 at the Puerto Asís Putumayo prison, accused of participating in the capture of the Teteye military base; members of organizations affiliated to FENSUAGRO.
45. 3. María del Rosario M., on 29 January 2006, who was later released.
46. 4. Omar Alberto Murcia Nova, on 1 March 2006, who was released on 27 March owing to lack of proof; a member of organizations affiliated to FENSUAGRO.
47. 5. Flor María Díaz, on 14 February 2006, at the Buen Pastor prison; a member of organizations affiliated to FENSUAGRO.
48. 6. Luis Arnulfo Quiroga, on 27 March 2006, accused of rebellion.
49. 7. Emilio Vargas Cortez, Carlos Alirio Romero, Esteban Bello, on 23 November 2005, for refusing to collaborate with the army; they have been released, but the case is not closed; members of organizations affiliated to FENSUAGRO.
50. 8. Yamid Delgado Susa, on 28 December 2005, accused of being a guerrilla fighter, has been released, but the case is not closed; member of organizations affiliated to FENSUAGRO.
51. 9. Edilma Firacative, Vitelvina Vargas Cortes, detained on 3 April 2006, accused of rebellion, have been released; members of organizations affiliated to FENSUAGRO.
52. 10. Agustín Ortiz, on 16 February 2006, has been released; member of organizations affiliated to FENSUAGRO.
53. 11. Alvaro Reyes Ruiz, Rosires Villegas Cárdenas, Juan Cárdenas Caucil, Elías Arrieta Lambraño, Antonio José Madera, Anselmo Vitoria, Antonio Tovar (father and son), Gerardo Salcedo, Nelson Mercado, Ideal Mejía, Evert Salgado, Yayo Salgado, Alberto Salgado Reyes Mejía, detained en masse on 26 May 2006, accused of rebellion; members of organizations affiliated to FENSUAGRO.
54. 12. Nieves Mayusa, Miguel Angel Bobadilla, Fanny Perdomo Ite, detained on 22 May 2006; members of organizations affiliated to FENSUAGRO.
55. 13. Víctor Oime Hormiga, Aristides Oime, Eduviges Ochoa, detained on 6 August 2006, accused of rebellion; members of organizations affiliated to FENSUAGRO.
56. 14. William Sharry, detained on 10 November 2006, arbitrarily, without a court order, by the army; member of organizations affiliated to FENSUAGRO.
57. 15. William Parra Rubio, Emilio Labrador Díaz, on 19 March 2007, by the national army; members of organizations affiliated to FENSUAGRO.
58. Violence against demonstrators
59. 1. On 9 February 2007, the members of the trade union organizations of the enterprises Glencore and Drummond and their families carried out a peaceful protest at the entrance to and exit from the village where the coalmine they exploit is located. This demonstration was violently repressed by the riot police, causing the death of Manuel Celis Mendoza and injuries to Laura Valentina Palma Ortiz, Gabriel Enrique Gómez, Neger Robles, Huges Coronel, Yely Karina Fonseca, Jairo Díaz and Yesy Liced Guerrero.
60. 2. On 8 June 2007, during a peaceful demonstration in the city of Manizales, the anti-riot flying squad ESMAD violently assaulted Juan Carlos Martínez Gil, member of the United Teachers’ Organization of Caldas (EDUCAL).
61. 236. In its communication dated 17 April 2007, the ITUC refers to the allegations made previously concerning the Administrative Department for Security (DAS) and submits a document entitled “The integrity of trade unionists in Colombia: Respect for trade union rights and freedoms and cleaning up the entities responsible for protection”, in which it alleges that the Department has close ties with the paramilitary forces. The ITUC considers that this connection raises doubts about the Government’s claim that it would do everything possible to end the violence and impunity suffered by the trade union movement.
62. 237. According to the ITUC, the statements received from the Deputy Director of Intelligence on 1 March 2006 by the Office of the Public Prosecutor, in the framework of the investigations that are currently under way, show that a policy exists to monitor and observe trade union activity and trade union officials, and that the information is used abusively and illegally and divulged to the paramilitary groups, which use it to violate the fundamental rights of trade union leaders and members. This information was published by the Colombian media following statements made by former and current high-level officials of the entity, and demonstrates, according to the report, that in contrast to what the Government has said, rather than concentrating on the safety of the members of trade union organizations, it in fact contributes to the risks they face.
63. 238. The DAS has a close and direct link with the President of the Republic, who appoints its director. The principal objective of the DAS is the formulation and adoption of policies in the administrative sector of intelligence and security. Moreover, it has other functions, such as gathering and processing national and international information to produce state intelligence, managing state intelligence, coordinating the exchange of information with national and international entities and acting as a criminal investigation body. The DAS is also responsible for providing personal protection services to persons who, owing to their responsibilities, position, functions or for other specific reasons, could be the target of attacks on their person when this could lead to breaches of public order. These persons include trade union leaders, human rights defenders and NGOs. The DAS has to carry out studies to assess the level of risk to the persons under threat who wish to be covered by the programmes of the Ministry of the Interior, and has to evaluate and classify the risk and decide on the appropriate measures to be taken. Lastly, if a protection scheme is assigned (armoured cars, bodyguards, means of communication, etc.) to the trade union official, the DAS is involved. According to the report, the function of protecting trade union leaders is not compatible with the fundamental function of the DAS, which consists of gathering and providing information to ensure state security.
64. 239. The ITUC also refers to the complaints lodged by the IT Director of the DAS, detained on 29 January 2005, who reported ties between paramilitary leaders, drug traffickers and the DAS, for the purpose of murdering left-wing leaders. According to the report, DAS detectives used official vehicles and weapons to provide protection to a member of the paramilitary groups, to stop him being captured by the national police.
65. 240. The Deputy Director of intelligence operations at the DAS told the authorities that her subdepartment is responsible for compiling in its databases all information relating to trade union activities: marches, protests, participants and leaders. The paramilitary presence within the DAS therefore gives grounds for grave concern for the Colombian trade union movement, as the DAS that is responsible for providing it with protection.
66. 241. According to the report there is also a strategy in place to exterminate the trade union movement, based on a list containing the names of left-wing activists to be dealt with by the self-defence forces (a paramilitary group). This list contains the names of 22 trade unionists. Seven of them have already been murdered, one has disappeared, five have been arbitrarily detained by state agents and one has received death threats. Two people have been assaulted. According to the report, in his statements the former IT Director indicated that DAS officials drew up the list and communicated it to members of the self-defence forces of Colombia at the DAS offices. According to these statements, the reason why the trade unionists were included on the list is “that they were people with connections to left-wing sectors that, according to intelligence within the DAS, they had been unionized as a result of collaborating with guerrilla groups”.
67. 242. This list includes the following persons, among others (some of whom have already been mentioned in previous examinations of this case):
68. 1. Víctor Manuel Jiménez Fruto, disappeared on 22 October 2002 in Ponedera.
69. 2. Saúl Alberto Colpas Castro, murdered on 13 July 2001 in Ponedera; he was the President of SINTRAGRICOLAS.
70. 3. José María Maldonado, murdered on 17 May 2005 in Ponedera; member of SINTRAGRICOLAS.
71. 4. Carmelo Piñeros, Alfonso Piñeros, Alberto Acosta, Argelio Contreras and Alfredo Oviedo were detained by members of the navy on 22 December 2003.
72. 5. Zuly Esther Codina Pérez, murdered on 11 November 2003 in Santa Marta, was the leader of the National Union of Health Workers (SINDESS) and of the Magdalena branch of the CGT.
73. 6. César Augusto Fonseca, José Rafael Fonseca and José Ramón Fonseca, murdered on 1 September 2003 by suspected paramilitaries; they were members of SINTRAGRICOLAS, affiliated to FENSUAGRO.
74. 7. Gilberto Martínez, Carmen Torres, Alvaro Márquez, José Meriño and Angel Salas were threatened by paramilitaries on 13 January 2004 by the United Self-Defence Forces of Colombia.
75. 8. Alfredo Correa de Andreis and Edgard Ochoa Martínez, murdered by suspected paramilitaries on 17 September 2004; members of FENSUAGRO–CUT.
76. 9. Nicolás Hernández Cabrera and Jaime Rodríguez, assaulted on 20 December 2003 in Ibagué; members of FENSUAGRO.
77. 10. Miguel Angel Bobadilla, injured in an assault on 19 November 2003 in Bogotá; member of FENSUAGRO.
78. 243. The investigations initiated into the various criminal offences targeting the above persons have not led to any positive results.
79. 244. In its communication of 13 August 2007, the WFTU alleges that the President and Vice-President of the nation have begun a campaign of slander and threats against the trade union movement, accusing them of having connections with the guerrilla forces.
80. C. The Government’s reply
81. 245. In their communications of 4 November 2006 and 30 May 2007, the Public Prosecutor and the Chief of the National Human Rights and International Humanitarian Law Unit of the Office of the Public Prosecutor both presented reports relating to the work carried out by the Office of the Public Prosecutor to combat impunity. The Government sent observations in a communication dated 1 October 2007.
82. 246. They indicate that in order to move forward in combating impunity, and in the framework of the Tripartite Accord for Freedom of Association and Democracy, inter-administrative agreement No. 156 of 2006 was signed to give fresh impetus to cases of human rights violations against trade unionists. Furthermore, in order to promote inter-institutional cooperation between the Offices of the President of the Republic, the Vice-President and the Public Prosecutor, strategies are being developed to try to shed light on the facts, to identify those responsible for masterminding and carrying out the violations, to impose more severe sentences and to prevent offences against the human rights of trade unionists, by adopting the necessary inter-institutional, national and local plans and programmes. The main objectives are to implement mechanisms to promote and monitor ILO cases, optimize the investigative process in legal investigations where the victim has ties with trade union organizations, process cases and relieve pressure on judicial offices, undertake a qualitative analysis of information and develop criminal policy processes. Under the terms of the Accord, the Office of the Public Prosecutor has appointed 13 prosecutors, detached with their own respective groups of investigators, and dealing exclusively with cases relating to trade unionists. In addition, 24 lawyers are dealing with the substantive elements of the investigations.
83. 247. In addition, the Superior Council of the Judiciary extended agreement No. 3592 of 2006 to establish three specialized criminal courts to relieve pressure in Cundinamarca so as to deal with the judicial proceedings relating to Case No. 1787.
84. 248. Up to now, the State of Colombia has allocated the following resources for the project to give impetus to cases: police – 770,000,000 pesos (ca. US$385,844); Office of the Public Prosecutor – 4,010,000,000 pesos (ca. US$2,019,815.35); Higher Council of the Judiciary – 550,000,000 pesos (ca. US$270,000).
85. 249. Complaints have been lodged with the ILO concerning 1,319 cases that are in the process of being verified and validated by the Office of the Public Prosecutor. Of these, 128 have been pre-selected for special attention and initial follow-up. In making this selection account was taken, among other matters, of the following criteria: the cases must reflect the overall situation of anti-union violence; where a situation of impunity is overcome in a particular case, this should serve as a source of outcomes and recommendations on methods for achieving justice in all cases of anti-union violence; the selected cases must be clear-cut regarding the victim’s status as a trade union member; there should be abundant, reliable and verifiable information on the selected cases; and they must provide a demonstration of the systematic and widespread perpetration of violations of rights.
86. 250. The Office of the Public Prosecutor states that much work has been done and rulings have been handed down in 37 cases involving 47 victims.
87. 251. The Government adds that the selected prosecutors are working assiduously, carrying out missions and gathering evidence, as well as reopening cases that have been shelved or set aside. In practice, 383 cases have been re-examined.
88. 252. In general terms, according to the Government, the following progress has been made in the cases under investigation.
89. Category
90. No.
91. Cases under investigation
92. 59
93. Individuals related to cases under investigation
94. 123
95. Cases before the courts
96. 34
97. Individuals before the courts
98. 77
99. Victims in cases before the courts
100. 65
101. Cases in which convictions have been handed down
102. 56
103. Persons convicted
104. 112
105. 253. With regard to the allegations relating to the DAS, the Government indicates that the President of the Republic, when notified of the charges concerning alleged irregularities within the DAS, called upon the then Director of the DAS, Jorge Noguera Coles, to resign from his position, which he did on 25 October 2005. He also declared void the appointment of the then Deputy Director of the DAS, José Miguel Narváez.
106. 254. It adds that the measures adopted by the Government made public the information on the alleged irregularities in the DAS. This made it possible to launch independent disciplinary and penal investigations by the Office of the Procurator-General and that of the Public Prosecutor.
107. 255. The Government adds that, by means of Decree No. 4201 of 18 November 2005, the President of the Republic established an independent and temporary commission in the DAS with the objective of establishing the origins of the crisis and making the recommendations that were considered appropriate. The above commission was set up for a period of six months and the following appointments were made:
108. – a former Director of the Reform Programme of the Public Administration;
109. – a former Procurator-General and university professor;
110. – a former Director of the DAS, newspaper columnist and university professor, a recognized opponent of the Government;
111. – a former Presidential Adviser;
112. – a former Deputy Director of the DAS, an official with over 20 years seniority in the DAS and who is now the Director of the DAS Intelligence Academy.
113. 256. On 7 January 2006, the independent and temporary commission submitted a first report to President Álvaro Uribe, and on 7 March of the same year it submitted its final report. Both reports were made public and are in the public domain. The above commission recommended the maintenance of the DAS as a civil intelligence agency and, within one year, the adoption of the following measures:
114. (a) Establishment of a civil body at the highest level directly responsible to the President of the Republic with the function of formulating the national intelligence plan, defining institutional responsibilities in this field and determining priorities for intervention. This body should coordinate the activities of the various participating authorities and serve as a forum for communication between them, without the various agencies that currently exist losing their respective autonomy or being under the control of a single central body.
115. (b) Establishment of a modern legal framework to ensure effectiveness in the collection and accurate analysis of intelligence information, and also to protect officials in the exercise of their legally determined functions.
116. (c) Strengthening and reorientation of the DAS as the intelligence and counter-intelligence agency of the Colombian State. In this respect, it recommended: adapting the training of its officials, as well as the whole of its institutional structure and the essential processes of its action and, for this purpose; strengthening the units responsible for intelligence and counter-intelligence in terms of skilled personnel, financial resources and technological support; and, as a consequence, renaming the agency the Administrative Intelligence Department (DAI).
117. (d) Maintaining the functions of the criminal investigation police of the DAS (under the coordination of the Office of the Public Prosecutor), however with their scope and practice restricted to the essential aspects of their functions.
118. (e) Maintaining as a priority function of the DAS the administrative and legal responsibility of acting as the INTERPOL Bureau in Colombia, while establishing an effective system of relations with the other authorities engaged in intelligence missions.
119. (f) Maintaining as a priority of the DAS the function of migration control, strengthening the coordination and collaboration mechanisms to facilitate appropriate access to the information required by other authorities to fulfil their respective legal responsibilities.
120. (g) Transferring to the national police the functions of the protection of persons at risk, except for high-level members of the Government, who should remain the responsibility of the DAS. This should ensure effective protection for those for whom it is really necessary, which should be provided in accordance with international human rights commitments.
121. (h) Implementing a specific system of administrative careers applicable to all those engaged in missions and human resources management, adopting an individual approach. A rigorous professional approach has to be developed from the training of officials through to their retirement, and including their recruitment, period of engagement and promotion. For this purpose, rules are proposed for specialized training, meritocracy and democracy and, in general, it is recommended that mechanisms should be adopted to enable career officials to gain access to the highest positions in the agency.
122. (i) Adopting a new corporate intelligence culture characterized by compliance with legality, high professional quality and the low profile of officials.
123. (j) The commission reiterates the need for the Office of the Procurator-General and that of the Public Prosecutor to achieve results as soon as possible with regard to the charges made by the directors of the Department in relation to the crisis which affected the DAS.
124. 257. Finally, the commission categorically supported the remedial measures adopted by the Director, the sole objective of which was to achieve greater confidence in the agency and its staff.
125. 258. The Government emphasizes that the progress achieved in relation to the recommendations made by the commission were as follows:
126. (a) The Higher Council of National Security and Defence, chaired by the President of the Republic, was maintained and coordinates the civil, police and military authorities at the national level and defines the missions of each institution to ensure cooperation between agencies in the security and defence sector, particularly in relation to intelligence.
127. (b) The Ministry of Defence is currently preparing a Bill to regulate intelligence activities in Colombia and ensure the protection of the agents engaged in this function. The DAS has participated actively in the formulation of the Bill.
128. (c) A revision was carried out of the academic curriculum of the Intelligence Academy, with a view to a career plan which allows the inclusion of more professionals in essential areas of DAS functions. The process of restructuring the DAS was also initiated in relation to its mission areas, seeking transparency and effectiveness in its action, as well as an effective reporting procedure.
129. (d) In coordination with the Office of the Public Prosecutor, the responsibilities of the DAS were determined in relation to the criminal investigation police, with a view to allocating the agency’s forces to major crimes.
130. (e) The restructuring envisages that the INTERPOL National Central Bureau in Colombia will be under the responsibility of the Office of the Director of the DAS, with administrative and budgetary autonomy.
131. (f) In the field of migration control, an improvement has been sought in service to the client with fewer complaints, greater efficiency, better use of resources in accordance with a process of the modernization of the migration control function. In the restructuring, the migration office will also become a directorate under the responsibility of the Office of the Director of the DAS.
132. (g) The Director of the DAS is playing the lead role in cutting back the protection of dignitaries: to date, 96 files have been transferred to the national police, equivalent to 28 per cent of the numbers escorted by the DAS, allowing the reassignment of 197 officers previously allocated to this function to the support and strengthening of intelligence and criminal investigation functions. For 2008, the Government is planning to transfer the administration of the protection programme from the Ministry of the Interior to the police, including the component covering trade union leaders (Protection Bureau of the DAS, September 2007).
133. (h) A policy has been determined based on meritocracy for the administration of human skills, in which the capacities of DAS officers are evaluated with a view to implementing a promotion and opportunities policy.
134. (i) In accordance with the policy of transparency and efficiency, the DAS developed a risk map which helped to identify the most sensitive positions within the agency. In accordance with this policy of risk evaluation, a total of 1,220 loyalty studies have been undertaken with polygraph evaluations, of which 951 corresponded to the risk map evaluation and 269 to procedures related to meritocracy.
135. (j) Both the Office of the Public Prosecutor and that of the Procurator-General are still proceeding with investigations into the situation of the DAS during the administration of Jorge Noguera Coles.
136. 259. The Government indicates that, from the very first, the Colombian Government took the initiative of carrying out an independent and exhaustive investigation in the DAS through the commission referred to above. It also adopted appropriate measures prior to carrying out the investigations, such as requesting the resignation of the Director and declaring the appointment of the Deputy Director void, with a view to facilitating the work of penal and disciplinary investigation bodies and obtaining transparent results.
137. 260. During the period when Dr Andrés Peñate was Director of the DAS, 417 internal investigations were also undertaken involving 675 officers, of whom 166 were dismissed by administrative decision and 25 were prosecuted.
138. 261. With regard to the relation between the DAS and the Programme for the Protection of Trade Union Leaders, the Government indicates that the Risk Evaluation and Regulation Committee (CRER), composed of the Deputy Minister of the Interior, the Human Rights Director of the Ministry of the Interior and Justice, the Director of the Presidential Programme for the Promotion, Respect and Guarantee of Human Rights and the Application of International Humanitarian Law, the Director of the DAS, the Director-General of the national police and the Director of Social Action, takes its decisions with the participation and approval of the representatives of trade unions and all of its constituent institutions. In light of the provisions respecting the functions of the DAS and the legislation that is in force, the information is restricted and consequently any irregular use of the information will be sanctioned and penalized. The Colombian Government has taken every measure to guarantee transparency within the DAS and has provided full means for the Office of the Public Prosecutor and that of the Procurator-General to carry out the investigations in an independent and impartial manner.
139. 262. The Government emphasizes that, in accordance with the investigations carried out by the Office of the Public Prosecutor and the DAS, it has not been possible to establish the existence of the list referred to in the complaint.
140. 263. With regard to the Peace and Justice Act, the Government indicates that the process of the demobilization of over 30,000 members of the AUC has been supported by the unswerving commitment of all the institutions of the Colombian State in the context of the peace process in which the present Government is taking the lead. The demobilization and disarmament of these structures has been achieved as a consequence of the notable action of the Colombian authorities, with the appropriate support of international organizations, has been followed by NGOs, and has the support of the victims. As a result, the achievements include the recuperation by the State of the lands in which demobilization has occurred, a decrease in the incidence of violence, the effective application of compensation procedures for victims (the priority actors), the seeking of the truth as an essential element of the process and the reintegration into civilian life of those who lay down their arms.
141. 264. The Government emphasizes that this is the first demobilization process in the world which requires total truth from those who are demobilized and guarantees the rights of victims to justice and comprehensive compensation. The Constitutional Court found the Peace and Justice Act to be in accordance with the Political Constitution and international treaties. The Act provides for independent decisions by the courts. The leaders of self-defence forces are detained in high-security prisons. The President of the Republic has ordered direct combat against groups which have sought to re-emerge and the Director of the national police submits a public monthly report on the results (report No. 15). A total of 16,500 weapons have been handed over. As of 17 September 2007, a total of 31,717 members of the AUC had been demobilized. Two specialized justice and peace chambers have been established in the High Courts of Bogotá and Barranquilla, and 40 officials, 18 magistrates and 22 employees have been appointed for the auxiliary magistrates chamber in the penal section of the Supreme Court of Justice. An allocation of almost 80,000 million pesos has been made to the Office of the Public Prosecutor.
142. 265. With regard to the progress achieved, the Government attaches the following table:
143. Number of cases brought under Act No. 975 of 2005
144. Number of applicants *
145. 2 978
146. Representative members who are applicants
147. 25
148. Representative members who are applicants and are detained
149. 21
150. Representative members who are applicants and sought through extradition
151. 8
152. Detained applicants **
153. 381
154. Applicants at liberty with judicial records
155. 414
156. Applicants without records
157. 2 183
158. Applicants not located
159. 84
160. Applicants located in departments ***
161. 2 099
162. Information: 17 Sep. 2007.
163. Notes:
164. * The lists were submitted by the National Government between 17 Aug. 2006 and 22 Aug. 2007.
165. ** The Government proposed 197 persons for the procedure envisaged for those in detention at the time of demobilization.
166. *** With the assistance of the Office of the Senior Adviser for Integration, the whereabouts of the applicants was identified by department, although the address of their place of residence is not available.
167. Inquiries based on initial statements
168. Commenced
169. 224
170. Completed
171. 172
172. Representative members and commanders who have made statements
173. 20
174. Programmes
175. 474
176. Information up to 17 Sep. 2007.
177. Note: Inquiries based on statements include representative members and commanders (see attached table).
178. Notifications to victims with time limits
179. Published
180. 1 731
181. To be published
182. 397
183. Information up to 17 Sep. 2007.
184. Inquiries involving exhumation
185. Graves exhumed
186. 756
187. Corpses found
188. 925
189. Bodies with proof of identification (DNA tests and awaiting laboratory tests)
190. 340
191. Bodies fully identified and being handed over
192. 60
193. Bodies handed over to families
194. 53
195. Inquiries undertaken between 29 Mar. 2006 and 12 Sep. 2007.
196. Note: Proof of identity is determined through ante-mortem data (dental records, fractures, clothing and personal objects).
197. Information for victims
198. Victims informed
199. 78 395
200. Information days convened for victims in 2006 (1,602 victims informed)
201. 17
202. Information days convened for victims in 2007 (13,706 victims informed)
203. 69
204. Information up to 14 Sep. 2007.
205. 266. With regard to allegations relating to the detention of trade unionists, the Government indicates that Ender Rolando Contreras García (Treasurer of SINTRAELECOL) and Edgar Botero Cárdenas are being tried for the crime of rebellion and the case is awaiting judgement by the Court of Arauca. Emiro Goyeneche Goyeneche was convicted of the crime of rebellion by the Criminal Court of the Saravena circuit and sentenced to 72 months of imprisonment with the additional penalty of proscription from exercising public rights and functions. Similarly, on 3 August 2007, Luis Raúl Rojas Gutierrez, Luis Ernesto Goyeneche Goyeneche and others were convicted by the Single Criminal Court of the Arauca circuit of the crime of rebellion and were sentenced to 72 months of imprisonment for joint responsibility for the crime of rebellion.
206. 267. Samuel Morales Flórez and María Raquel Castro Pérez were convicted of the crime of rebellion and sentenced to 72 months of imprisonment and a fine of 100 statutory minimum monthly wages at the current rate and an additional penalty of proscription from exercising public rights and functions.
207. 268. The Government adds that the definition of the crime of rebellion is as follows:
208. Section 467. Rebellion. Anyone who, through the use of arms, attempts to bring down the National Government or suppress or modify the current constitutional or statutory system, shall be liable to imprisonment for between ninety-six (96) to one hundred and sixty-two (162) months and a fine of from one hundred and thirty-three point thirty-three (133.33) to three hundred (300) statutory minimum monthly wages at the current rate.
209. 269. The Government adds that Miguel Angel Bobadilla is under trial for the crimes of abduction with extortion by the anti-abduction unit in case No. 70356, Procurator’s Office 09, and that judgement is awaited. According to the information provided by the Prosecutor’s Office, the investigation against Mr Bobadilla was initiated by the abduction of Rubén Darío Ramírez on 19 December 2002.

D. The Committee’s conclusions

1. 270. The Committee notes the communications submitted by the ITUC, the WFTU, the USO, the ASONAL JUDICIAL and the FENSUAGRO, which contain serious allegations of murders, disappearances, mass detentions and links between administrative bodies and paramilitary organizations. In this regard, the Committee asks the complainant organizations to send information concerning the link between these allegations and the questions dealt with in this case. The Committee also notes the reports of the Public Prosecutor of the Nation relating to the measures taken to undertake investigations of acts of violence against trade unionists and the Government’s reply of 27 September 2007.
2. 271. With particular reference to the acts of violence, the Committee notes that since it last examined the case, trade union organizations have denounced the murder of 16 trade union leaders and members, three assaults, eight cases of threats and harassment, 15 cases of detention and two of violence against demonstrators. The Committee also notes the allegations made by the ITUC concerning the presence of paramilitary elements in the DAS, which is responsible for state intelligence and for providing trade union leaders with protection, as well as the existence of a plan to exterminate certain members of the trade union movement.
3. 272. The Committee further notes that the reports provided by the Office of the Public Prosecutor refer to inter-administrative agreement No. 156 of 2006 intended to give fresh impetus to action on cases of human rights violations against trade unionists and that the agreement forms part of the implementation measures of the Tripartite Accord concluded in 2006; under the Accord, the Office of the Public Prosecutor has appointed 13 prosecutors detached with their respective work units and who will focus exclusively on investigations relating to trade unionists. The Committee notes that the Office of the Public Prosecutor pre-selected 128 of the 1,319 cases referred to in Case No. 1787, which are in the process of being verified and validated, which are to receive special attention and follow-up. Court rulings have been obtained in 37 of the 128 cases, involving 47 victims.
4. 273. The Committee also notes the Government’s indications containing further information on the progress made in the investigations of 59 cases that are under investigation involving 123 persons, 34 cases that are awaiting court rulings involving 77 individuals and 65 victims, and 56 cases in which rulings have been handed down with 112 persons convicted. The Committee further notes the information on the investigations concerning the existence of a link between the DAS and paramilitary groups, the implementation of Justice and Peace Act No. 975 and the detention and prosecution of trade union leaders and members.
5. 274. Firstly, the Committee considers that whenever acts of violence occur in which the victims are trade union leaders or members in the exercise of their functions and rights, the situation has to be considered serious and in this respect it recalls, as it has since the beginning of this case, that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free of violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 44].
6. 275. In this respect, the Committee deeply regrets that the Government has not provided its observations on the recent acts of violence committed against trade unionists (murders, assaults, disappearances, violence against demonstrators), the measures of protection adopted for threatened trade union leaders and their families and the measures adopted to prevent future acts of violence against them. The Committee requests the Government to report without delay on the measures adopted in relation to these acts of violence and threats denounced in the new allegations made in relation to the present case and the measures taken to prevent future acts of violence against trade unionists and their families.
7. 276. With regard to the progress made in the investigations, the Committee notes that, according to the reports of the Office of the Public Prosecutor, rulings have been handed down in 37 cases, involving 47 victims, in the context of the 128 cases of violence against trade unionists pre-selected by the Office of the Public Prosecutor for examination. The Committee nevertheless regrets that the report makes no reference to the identities of the victims or to the nature of the violence suffered by them; nor is information provided about those guilty of such acts, their origin and motives. The Committee further notes that, according to the report, 13 prosecutors have been appointed who will be assigned exclusively to the judicial investigations relating to trade unionists, that they are currently carrying out missions, gathering evidence and reactivating cases that have been shelved or set aside, and that two specialized criminal courts have been established to relieve the pressure with a view to dealing with the cases concerning trade unionists denounced in the present case.
8. 277. The Committee further notes that a subsequent communication from the Government contains a table showing the progress achieved in the investigations. The Committee observes that the table shows that 59 cases are being investigated with 123 persons under investigation, 34 cases involving 77 persons who have been charged and 65 victims are awaiting a ruling, and rulings have been handed down in 56 cases in which 112 persons were convicted. However, the Committee is not able to determine from the information provided by the Government whether these new cases of progress in the investigations are to be added to those enumerated by the Office of the Public Prosecutor, or already include the latter cases. Nor is it able to determine whether the cases relate to crimes against trade union victims, or those responsible, and particularly whether they include specific armed groups. The Committee expects that the measures adopted will lead to positive results in a greater number of investigations, which should cover both the 128 pre-selected cases, as well as the remaining existing cases, and it requests the Government to provide it with detailed information on the progress achieved in each of the investigations under way, with an indication of whether they relate to trade union victims, those responsible for the acts, and particularly whether they involved specified armed groups, and their motives, and to continue to take all the necessary measures to bring an end to the intolerable situation of impunity.
9. 278. With reference to the allegations made by the ITUC concerning the existence of a close link between paramilitary groups and the DAS, which is responsible for providing protection to trade union leaders and members, the Committee recalls that these allegations were already made in the previous examination of the case and are elaborated in greater depth on this occasion. According to the allegations, the DAS has links with paramilitary elements and has formulated a plan to exterminate certain members of the trade union movement, some of which appear on a list containing the names of certain trade union leaders who were the victims of the acts of violence denounced in the present case. The Committee notes the Government’s indication that it took the following measures: it requested the resignation of the Director of the DAS and declared void the appointment of the Deputy Director; it made public the information on the irregularities observed and launched the corresponding independent disciplinary and penal investigations by the Procurator-General and the Public Prosecutor; it established an independent commission with six members to establish the causes of the crisis and to make recommendations. The Committee notes that the above commission recommended the maintenance of the DAS, but considered, among other measures, that a national intelligence plan should be formulated and that responsibility for protecting persons at risk (who include trade unionists) should be transferred to the national police. The above commission also reiterated the need for the Procurator-General and the Public Prosecutor to achieve results as soon as possible with regard to the charges that have been made and which are still under investigation.
10. 279. With particular reference to the protection of trade unionists, the Committee notes the Government’s indication that it is planned to transfer the protection programme from the Ministry of the Interior to the police. The Government emphasizes that the protection of trade union leaders is determined on the basis of the recommendations of the Risk Evaluation and Regulation Committee (CRER), which includes representatives of trade unions. The Committee notes the Government’s indication that, under the terms of the provisions respecting the DAS and the legislation that is in force, the information used by the CRER is confidential and that any irregular use of such information is sanctioned and penalized.
11. 280. With regard to the alleged existence of a list of persons who are to be eliminated by paramilitary groups, the Committee notes the Government’s indication that the investigations carried out have not established the existence of this list.
12. 281. The Committee nevertheless observes that it cannot be determined from the Government’s indications whether the investigations that are being carried out on the DAS include measures to determine whether the allegations relating to the existence of a plan to exterminate members of the trade union movement are well-founded. The Committee emphasizes the extreme gravity of these allegations. Under these conditions, the Committee requests the Government, in the context of the investigations that are being carried out by the Public Prosecutor and the Procurator-General concerning the alleged relations between the DAS and paramilitary groups, to take the necessary steps to determine conclusively: (1) whether there was a violation of the legislation and the provisions governing the DAS in relation to the confidentiality of information concerning trade union leaders, and particularly whether this took the form of the divulgence of such information to paramilitary groups; (2) whether the divulgence of such information corresponded to a plan for the elimination of the trade union movement, the victims of which include murder victims who are on the list provided by the ITUC; (3) who was responsible for this violation; and (4) what was the extent of the participation of the DAS in these acts. The Committee urges the Government to ensure that these investigations are carried out on an urgent basis and expresses the firm hope that they will lead to clear results and that, where the allegations are found to be true, they will identify those responsible and prosecute and punish those who are guilty. The Committee requests the Government to provide full information on the investigations that are under way and their outcome.
13. 282. Taking into account the planned transfer of the protection programme for trade union leaders to the national police, the Committee requests the Government to take measures without delay to provide adequate protection to all those trade unionists who so request, in which they should have full confidence.
14. 283. With reference to the mass detentions of trade unionists alleged by FENSUAGRO in its communication of June 2007, as illustrated in a table, the Committee observes that the Government has not provided information in this connection. The Committee requests the Government to indicate whether these detentions are based on orders issued by the judicial authorities, on the reasons for such orders and on developments in the related judicial processes.
15. 284. In relation to Justice and Peace Act No. 975, intended to achieve the collective and individual reincorporation into civilian life of the members of clandestine armed groups, its impact on the rights of the victims to truth, as well as the pending cases of murders and violence against trade unionists, the Committee notes the information provided by the Government according to which over 30,000 members of the Self-defence Units of Colombia (a paramilitary group) have been demobilized. The Committee also notes that, according to the Government, this is the first demobilization process which requires total truth from those who are demobilized and guarantees the rights of victims to justice and comprehensive compensation; that the leaders of the AUC groups are detained in high-security prisons; and that more judges and employees have been appointed to deal with the prosecution of those responsible. The Committee further notes that 2,978 investigations are under way (the number of applicants under the Act), with many being detained and that statements have been taken from those presumed responsible, investigations involving exhumation and the provision of information to the victims. The Committee nevertheless observes that the information provided by the Government does not show the impact of the new Act in the cases of violations of the human rights of trade unionists referred to in the present case. Under these conditions, the Committee requests the Government to provide information on the impact in practice of the Justice and Peace Act on the pending cases of murders and violence against trade unionists which occurred both prior to the entry into force of the Act and following its entry into force, as well as the influence of the Act on the general climate of violence against trade union leaders and members.
16. 285. The Committee notes that the Government has not provided any information on the allegations relating to the existence of the so-called “Operation Dragon” plan to eliminate various trade union leaders, in relation to which the Government indicated previously that both the Office of the Public Prosecutor and that of the Procurator-General have initiated investigations. In view of the fact that this is a very important issue on which the Committee should be provided with detailed and up to date information by the Government, it urges the Government to provide its observations on this matter without delay.
17. 286. Finally, the Committee requests the Government to provide its observations without delay concerning the communications dated 16 August and 13 September 2007 from the CUT and the ITUC, respectively, which were included in the section on new allegations in the corresponding parts of the report, as well as in relation to the communication of the WFTU dated 13 August 2007.