Rapport intérimaire - Rapport No. 337, Juin 2005

489. The Committee last examined this case at its November 2004 meeting [see 335th Report, paras. 680-731]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 2 and 4 November 2004; the World Federation of Trade Unions (WFTU) in communications dated 3 and 15 March 2005.

1. 490. The Government sent its observations in communications dated 28 September, 5 October and 3, 17 and 23 November 2004 and 2 February and 8 and 16 March, 20 April and 4 May 2005.
2. 491. 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. 492. At its November 2004 meeting, the Committee made the following recommendations on the allegations that were still pending, which for the most part referred to acts of violence against trade union members [see 335th Report, para. 731]:
2. (a) While noting that this time the Government provided more details on the allegations, the Committee expresses its deep concern about the extreme gravity of the situation and deeply deplores the fact that allegations have been submitted of 42 new murders of union officials and members, 17 threats, three abductions and disappearances, 11 arrests and two forced relocations. The Committee reiterates that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.
3. (b) The Committee notes the Government’s information regarding the protection measures provided for the trade union organizations SINALTRAINAL, and ASODEFENSA and for union officials of RISARALDA. The Committee requests the Government to continue keeping it informed of the protection measures and security schemes in force and those adopted in the future in respect of other unions and other departments or regions. The Committee must reiterate its request that the Government take particular account of those trade unions and regions to which it referred in previous examinations of the case, such as the health services and the Barrancabermeja Gas Company, as well as municipal administrations (municipality of Barrancabermeja) and department administrations (departments of Valle del Cauca and Antioquia). The Committee requests the Government to provide, as a matter of high priority, information on all these matters.
4. (c) The Committee notes with the utmost interest that the Government has provided detailed information on the Working Plan of the Inter-Institutional Commission for the Prevention of Violations and the Protection of Workers’ Rights and requests it to continue keeping it informed in detail of developments in the work of the said Commission.
5. (d) Concerning the investigations into acts of violence against union officials and members that are currently under way, the Committee requests the Government to continue making every possible effort to initiate investigations into all the alleged acts of violence up to March 2004, into those regarding which it has not reported the initiation of investigations or judicial proceedings (Appendix I), and into those listed in the section “New allegations” in the present report, on which it has not yet reported, and to continue sending its observations on the progress made in the investigations already begun on which the Government has already reported.
6. (e) In respect of the extremely serious situation that prevails in respect of impunity, the Committee finds itself obliged to reiterate the conclusions it reached in its previous examinations of the case, namely, that the lack of investigations in some cases, the limited progress in the investigations already begun in other cases and the total lack of convictions underscore the prevailing state of impunity, which inevitably contributes to the climate of violence affecting all sectors of society and the destruction of the trade union movement. The Committee once again urges the Government in the strongest terms to take the necessary measures to put an end to the intolerable situation of impunity and to punish effectively all those responsible.
7. (f) Regarding the trade union status of certain victims and allegations in respect of which information could not be provided because of insufficient data, the Committee observes that once again the complainant organizations have not provided information concerning the trade union status of certain victims, denied by the Government in the last examination of the case, and again urges them to provide all information relating to the trade union status of the victims, so that the Government can institute the relevant investigations concerning the victims listed in both the previous and the present examination of the case.
8. (g) As regards those cases where the Government states that the data supplied by the complainants is insufficient to identify the Prosecutor’s Offices conducting the investigations, the Committee must again strongly remind the complainant organizations of their duty to substantiate their allegations to the Committee in all cases where so requested, observes that to date the complainants have not provided any additional information and once again urges them to do everything in their power to provide the Government with the necessary information concerning the victims on whom the Government claims that it does not have sufficient data, listed in the 333rd Report as well as in the present report, so that the Government can state whether investigations have been instituted into these allegations and what stage they have reached. In turn, the Committee urges the Government to continue to endeavour to send all available information concerning the allegations made.
9. (h) Regarding the allegations submitted by FECODE concerning threatening telephone calls, harassment by armed persons, public statements designating them as military targets, warnings to resign their union office, raids on their homes, warnings not to take part in union activities and numerous murders, the Committee requests the Government to send its observations without delay.
10. (i) The Committee requests the Government to provide its observations on the new allegations of violence against trade unionists transmitted by the complainants.
11. (j) The Committee will examine the latest information submitted by the Government when it next examines this case.
12. B. New allegations
13. 493. In its communication of 2 November 2004, the ICFTU reports that on Saturday, 30 October and Monday, 1 November 2004, the Bogotá “El Dorado” airport immigration authorities deported the following trade union members who were going to participate in the annual coordination meeting for cooperation with the Colombian trade union movement, organized by the international trade union federations and the ICFTU, which was planned for 2 November:
14. - Víctor Báez Mosqueira, General Secretary of ICFTU/ORIT;
15. - Rodolfo Benítez, Regional Secretary of Union Network International (UNI);
16. - Antonio Rodríguez Fritz, Regional Secretary of the International Transport Workers’ Federation (ITF); and
17. - Cameron Duncan, Regional Secretary of Public Services International (PSI).
18. 494. The ICFTU adds that trade union delegates from the United Kingdom, Spain and Ireland who were due to participate in the 4th Conference of Working Women of the Single Confederation of Workers of Colombia (CUT) were also questioned upon their arrival and were only authorized to spend 72 hours in the country as opposed to being granted the usual six-month visa. The ICFTU expresses its fear that all these trade union members have been included on a government blacklist.
19. 495. The ICFTU attaches a communication dated 4 November 2004 (also attached by the Government) that was sent by the Government of Colombia in which the Government reiterates its commitment to the defence and respect of trade union rights and the right to organize, and reports that – in a meeting held in the Ministry of External Relations with the participation of those responsible for the consular area, the Director of the Administrative Department of Security and a representative of the Ministry of Social Security, as well as trade union leaders and members of Congress – they discussed what had happened and it was clear that it was due to a narrow interpretation of Decree No. 2107 (2001). It was also made clear that the people whose entry was granted subject to regularization of their migratory status within 72 hours had this restriction lifted by the Immigration Division of the Administrative Department of Security and that those people who were refused entry can come whenever they wish.
20. 496. In its communications of 3 and 15 March 2005, the World Federation of Trade Unions alleges that on 2 March, Rafael Cabarcas Cabarcas, a former member of the national board of directors of the USO, and who is currently working as a USO adviser, Cartagena division, was attacked, and his guard, Andrés Bohórquez, was also injured.
21. 497. The Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI) and the World Federation of Trade Unions (WFTU) sent new allegations in communications dated 21 April and 2 May 2005 respectively. The Committee will examine these allegations at its next meeting.
22. C. The Government’s reply
23. 498. In its communications dated 28 September, 3, 17 and 23 November 2004 and 2 February, 8 and 16 March and 20 April 2005, the Government indicates that it approached the various trade union organizations to try to obtain information regarding the acts, places and dates of the threats, kidnappings and assaults. The Government adds that the trade union organizations have not as yet replied as to the date and place where the offences took place, or the type of allegations. The following is a list of all the cases for which no information as to the place, date or type of allegation made has been received.
24. Trade union organization
25. Name
26. ASEDAR
27. Jaime Carrillo
28. ASEDAR
29. Celedonio Jaimes
30. ASEDAR
31. Francisco Rojas
32. USO
33. Roberto Vecino
34. SINTRAMUNICIPIO
35. Bugalagrande
36. Yesid Escobar
37. ASTDEMP
38. Martha Cecilia Díaz
39. CUT, Saravena
40. Alonso Campiño
41. Union of Workers at Saravena Town Hall
42. William Jiménez
43. CUT, Saravena
44. Orlando Pérez
45. SINTRAENAL
46. Blanca Segura
47. Construction Workers’ Union
48. Fabio Gómez
49. Union of Workers at Saravena Town Hall
50. Carlos Manuel Castro Pérez
51. Construction Workers’ Union
52. Eliseo Duran
53. Saravena Hospital Workers’ Union
54. José López
55. SUTEV
56. Ever Cuadros
57. ASPU
58. José Moises Luna
59. SINTRAMINENERGETICA
60. Jimy Rubio
61. SINDEAGRICULTORES
62. Urdí Robles
63. SINDEAGRICULTORES
64. Ney Medrano
65. SINDEAGRICULTORES
66. Eliécer Flórez
67. SINDEAGRICULTORES
68. Apolinar Herrera
69. Quindio Agricultural Workers’ Union
70. Policarpo Padilla
71. SINTRAGRIM
72. Víctor Oime
73. ACA
74. Nubia Vega
75. SINDIAGRICULTORES
76. Fanine Reyes
77. CUT, ARAUCA
78. Samuel Morales
79. ASEDAR
80. María Raquel Castro
81. SINTRAGRICOLAS, Ponedora
82. Víctor Jiménez
83. SINTRAMINENERGETICA
84. David Vergara
85. SINTRAMINENERGETICA
86. Seth Cure
87. ADEA
88. Luis Carlos Herrera
89. SINTRAPALMA
90. Julio Arteaga
91. SINTRAPALMA
92. Pablo Vargas
93. SINTRAPALMA
94. Alirio Rincón
95. SINTRAPALMA
96. Rauberto Rodríguez
97. SINTRANERGETICA
98. Alfredo Quesada
99. SINTRAUNICOL
100. Estiven García
101. SINTRAUNICOL
102. Carlos González
103. SINTRAUNICOL
104. José Luis Paez
105. SINTRAUNICOL
106. Carmelo José Pérez
107. SINTRAUNICOL
108. José Munera
109. SINTRAUNICOL
110. Antonio Flórez
111. SINTRAUNICOL
112. Luis Otalvaro
113. SINTRAUNICOL
114. Elizabeth Montoya
115. SINTRAUNICOL
116. Norberto Moreno
117. SINTRAUNICOL
118. Bessi Pertuz
119. SINTRAUNICOL
120. Luis Ernesto Rodríguez
121. SINTRAUNICOL
122. Alvaro Vélez
123. SINTRAUNICOL
124. Mario José López
125. SINTRAUNICOL
126. Alvaro Villamizar
127. SINTRAUNICOL
128. Eduardo Camacho
129. SINTRAUNICOL
130. Pedro Galeano
131. SINTRAUNICOL
132. Ana Milena Cobos
133. SINTRAINAGRO
134. Euclides Gómez
135. SINTRAINAGRO
136. Guillermo Rivera
137. ANTHOC
138. Noemí Quinayas
139. ANTHOC
140. María Hermencia Samboni
141. ANTHOC
142. Gilberto Martínez
143. ANTHOC
144. Carmen Torres
145. ANTHOC
146. Alvaro Márquez
147. ANTHOC
148. José Meriño
149. ANTHOC
150. Angel Salas
151. ANTHOC
152. Jesús Alfonso Naranjo
153. ANTHOC
154. Mario Nel Mora
155. SINTRAINAL
156. José Onofre Luna
157. SINTRAINAL
158. Alfonso Espinoza
159. SINTRAINAL
160. Rogelio Sánchez
161. SINTRAINAL
162. Freddy Ocoro
163. FENSUAGRO
164. Yorman Rodríguez
165. FENSUAGRO
166. Nubia González
167. FENSUAGRO
168. Perly Córdoba
169. FENSUAGRO
170. Juan de Jesús Gutiérrez
171. FENSUAGRO
172. Adolfo Tique
173. SINTRAHOSPICLINICAS
174. Harold García
175. SINTRAEMCALI
176. Oscar Figueroa
177. SINTRAEMCALI
178. Luis Hernando Rivera
179. SINTRAEMCALI
180. Rodrigo Escobar
181. SINTRAEMCALI
182. Gustavo Tacuma
183. SINTRAEMCALI
184. Luis Hernández
185. 499. As a result, the Government believes it impossible to begin the judicial process to investigate cases that are lacking the most basic information, The Government recalls that the Committee has indicated on a number of occasions that “complaints must be presented in writing, duly signed by a representative of a body entitled to present them and they must be as fully supported as possible by evidence of specific infringements of trade union rights”. As a result, the Government will refrain from responding to these allegations until the complainant organizations provide the information and proof of a trade union rights violation warranting the intervention of the Committee.
186. 500. Regarding certain cases presented as “new allegations”, the Government points out that this is not in fact the case and it has already supplied information. The Government again respectfully but energetically requests that the Freedom of Association Branch take more care in classifying the complaints presented by the trade union organizations and in analysing the elements of proof that back them up. Showing as “new allegations” [see 335th Report, para. 684], situations which are not so as they have already appeared in previous reports, not only confuses the members of the Freedom of Association Committee and the Governing Body as to the true situation of the country, but also contributes to creating the false impression that there have been no improvements made in that situation. The Government deeply deplores that in spite of repeated requests to this effect, the Freedom of Association Branch has not taken the necessary measures to avoid this sort of confusion, which does not contribute to the efforts of the Freedom of Association Committee and the Governing Body to strengthen freedom of association in the country.
187. 501. The cases that have been reported as “new allegations” which are not, are indicated in the following table:
188. Full name
189. Report in which it appears for the first time
190. The Government’s reply
191. Freedom of Association Committee’s comments
192. Espejo Ricardo
193. 333rd as a new allegation
194. Initially reported as abduction, the body was found later. Ibagué Prosecutor’s Office No. 4 Human Rights National Unit, File No. 1893. Investigation at the preliminary stage and active. Was not covered by the protection programme. Had not requested protection. He was not known to have received any threats.
195. In the 335th Report it records that the Government has stated the case to be at the preliminary and active stage of investigation.
196. Rodríguez Marco Antonio
197. 333rd as a new allegation
198. Initially reported as abduction, the body was found later. Ibagué Prosecutor’s Office No. 4 Human Rights National Unit, File No. 1893. Investigation at the preliminary stage and active. Was not covered by the protection programme. Had not requested protection. He was not known to have received any threats.
199. In the 335th Report it records that the Government has stated the case to be at the preliminary and active stage of investigation.
200. Céspedes José Orlando
201. 333rd as a new allegation
202. Initially reported as abduction, the body was found later. Ibagué Prosecutor’s Office No. 4 Human Rights National Unit, File No. 1893. Investigation at the preliminary stage and active. Was not covered by the protection programme. Had not requested protection. He was not known to have received any threats.
203. In the 335th Report it records that the Government has stated the case to be at the preliminary and active stage of investigation.
204. Frías Parada Orlando
205. 333rd as a new allegation
206. Prosecutor’s Office No. 15, Monterrey branch, File No. 2574. Investigation at the preliminary stage.
207. Did not note the Government’s reply.
208. 502. The Government would like to point out that, as on previous occasions, the information diligently submitted by the Government on the state of the ongoing judicial investigations is not always noted. This omission, which is unjustifiable given the zeal with which the Committee is investigating Colombia, does not allow the members of the Governing Body or the international community access to the Committee’s report, to duly understand the efforts that the Colombian State is making to investigate and punish those responsible for endangering the lives and the safety of trade union members and leaders.
209. 503. The Government deplores that in those cases where it has drawn attention to the lack of evidence in the judicial investigations confirming that the victim was a trade union member or leader, the Government’s reply was distorted, saying that “the Government denies” that they were so. The Government rejects this modus operandi of the Committee and demands that in such cases, in its report, it should at least stick to the exact information submitted by the Government, so as to avoid creating false impressions about the Government’s attitude in cases where there is no evidence of trade union activity.
210. 504. The Government demonstrates its disagreement with the recommendations contained in the 335th Report referring to the impunity surrounding the cases related to the murders of trade union members and leaders. As explained at the beginning of this report, the investigating bodies have begun their investigations, either on their own initiative or following complaints presented by the leaders of the various trade union organizations, as can be seen in the table sent on 28 October 2004 [see 335th Report, para. 691].
211. 505. Now, it is advisable to note that at each stage of the proceedings proof is needed that leads to the solving of the crime, which is why the proceedings are often long, this is no reason to state that impunity is rife in Colombia when trade union members are victims of offences such as murder because, as has been explained, criminal law requires that a trial be completed before a sentence can be given. If stages of the criminal proceedings were forgotten, it would be a violation of the right of Colombian citizens to be judged in full accordance with the proper proceedings, as in article 29 of the Political Constitution on due process.
212. 506. The Government adds that one of the reasons why it cannot always respond in certain cases is that the complainant organizations are not clear about the events that should be investigated (name of the trade union member, trade union post, place and date).
213. 507. The Government sends a list of the ongoing investigations regarding the allegations contained in the “new allegations” section of the 335th Report, paragraph 684, which reads as follows:
214. (1) Wilson Rafael Pelufo Arroyo, member of SINTRACOLECHERA, murder, 21 November 2003, Olaya de Barranquilla district, aggravated homicide, illegal carrying of weapons and aggravated theft. Through letter No. 33/undh-dih.0407-mfm. The city’s sitting criminal circuit judge’s proceedings were remitted so that he could get on with the corresponding distribution and the trial stage has begun.
215. Authors of the crime: Rodrigo Esteban Benavides Ospina and Arturo Alexander Pinedo Rivadeneira, non-commissioned officers in the National Army, resolution of accusation, police custody.
216. File No.: 1821
217. Branch: national
218. Investigating authority: National Unit for Human Rights and International Humanitarian Rights based in Barranquilla
219. Stage of proceedings: trial
220. Current status: active
221. (2) Jhon Jairo Iglesia Salazar, Wilson Quintero, José Céspedes, Ricardo Espejo Galindo, Marco Antonio Rodríguez Moreno, Germán Bernal Baquero and anon., Public Prosecutor, SINTRAAGRITOL, 10 November 2003, Cajamarca, murder, wanted: José Luis.
222. File No.: 1893
223. Branch: national
224. Investigating authority: Public Prosecutor No. 9 specialized in UDH
225. Stage of proceedings: preliminary
226. Current status: active
227. (3) José de Jesús Rojas Castañeda, member, ASEM, 3 December 2003, Barrancabermeja, murder.
228. File No.: 203453
229. Branch: Bucaramanga
230. Investigating authority: Eighth Public Prosecutor, Barrancabermeja district
231. Stage of proceedings: preliminary
232. Current status: active
233. (4) Orlando Frías Parada, member, Colombia Workers’ Union, 9 December 2003, Villanueva, murder.
234. File No.: 2574
235. Branch: Santa Rosa de Viterbo
236. Investigating authority: Public Prosecutor No. 15, Monterrey Branch
237. Stage of proceedings: preliminary
238. Current status: active
239. (5) Severo Bastos, member, SINTRADIN, 4 December 2003, Villa del Rosario, Cúcuta, murder.
240. File No.: 80183
241. Branch: Cúcuta
242. Investigating authority: Second Public Prosecutor, municipality of los Patios branch
243. Stage of proceedings: preliminary
244. Current status: active
245. (6) Ricardo Barragán Ortega, member of SINTRAEMCALI, Cali Municipal Enterprises Workers’ Union, 16 January 2004, Cali, murder.
246. The victim was with colleagues when intercepted by two motorbikes and shot five times in the head, one of the union members is Carlos William Olave Zamora; samples have been given to Bogotá CTI for final results.
247. File No.: 627693
248. Branch: Cali
249. Investigating authority: Public Prosecutor No. 26, Cali branch
250. Stage of proceedings: preliminary
251. Current status: active
252. (7) Alvaro Granados Rativa, Bogotá branch Vice-President, SUTIMAC – Construction Industry and Materials Workers’ Union, 8 February 2004, Cundinamarca, murder.
253. File No.: 743989
254. Branch: Bogotá
255. Investigating authority: Public Prosecutor No. 31, branch
256. Stage of proceedings: preliminary
257. Current status: collecting evidence
258. (8) Yesid Hernando Chicangana, member, ASOINCA, 9 February 2004, Santander de Quilichao, murder.
259. File No.: 14403
260. Branch: Popayan
261. Investigating authority: Public Prosecutor No. 2, Santander de Quilichao branch
262. Stage of proceedings: preliminary
263. Current status: collecting evidence
264. (9) Janeth del Socorro Vélez Galeano, member, Janeth del Socorro Veles, member, ADIDA, 15 February 2004, Lejanías District, Remedios, murder.
265. File No.: 4439
266. Branch: Medellin
267. Investigating authority: Public Prosecutor No. 110, Segovia branch
268. Stage of proceedings: preliminary
269. Current status: active
270. (10) Camilo Arturo Kike Azcarate, Manager, SINTRAGRACO, 24 January 2004, Bugalagrande, murder, Oscar Alonso, detained. Oscar Alonzo Rivera Mendoza detained as the motives of the crime appear to be passionate.
271. File No.: 91550
272. Branch: Buga
273. Investigating authority: Second Public Prosecutor, Buga branch
274. Stage of proceedings: preliminary
275. Current status: active
276. (11) Carlos Raúl Ospina, treasurer of the MERTULUA Union, SINTRAEMSDES, 24 February 2004, Tulúa, murder, case under investigation. In the preliminary proceedings there is no note of his being a member of any trade union and there were no known threats to his life. Carlos Raúl Ospina (in the preliminary reports as James Raúl Ospina).
277. File No.: 98910
278. Branch: Buga
279. Investigating authority: Public Prosecutor No. 33, Buga branch
280. Stage of proceedings: preliminary
281. Current status: collecting evidence
282. (12) Ernesto Rincón Cárdenas, information and press secretary, SINDIMAESTROS – Boyacá Teachers’ Union, 27 January 2004, Caldas, murder.
283. File No.: 1395
284. Branch: Tunja
285. Investigating authority: Public Prosecutor No. 25, Chiquinquirá branch
286. Stage of proceedings: preliminary
287. Current status: active
288. (13) José Luís Torres Pérez, member, ANTHOC, 4 March 2004, Barranquilla, murder, actions took place in front of Barranquilla Hospital.
289. File No.: 184081
290. Branch: Barranquilla
291. Investigating authority: Public Prosecutor No. 12, representative
292. Stage of proceedings: preliminary
293. Current status: collecting evidence
294. (14) Rosa Mary Daza Nieto, member of ASOINCA – Cauca Teachers’ Association, 15 March 2004, Bolívar, murder.
295. File No: 2320
296. Branch: Popayán
297. Investigating authority: Public Prosecutor, Bolívar branch, Cauca
298. Stage of proceedings: preliminary
299. Current status: collecting evidence
300. (15) Hugo Palacios Alvis, member of SINDISENA – National SENA Workers’ Union, 16 March 2004, Vertulia (Sincelejo), murder.
301. File No.: 43709
302. Branch: Sincelejo
303. Investigating authority: Public Prosecutor No. 9, Sincelejo branch
304. Stage of proceedings: preliminary
305. Current status: collecting evidence
306. (16) Ana Elizabeth Toledo Pubiano, teacher and member of ASEDAR – Arauca Educators’ Association, 18 March 2004, Arauca, murder.
307. Branch: Cúcuta
308. Investigating authority: TAME’s only branch
309. Stage of proceedings: preliminary
310. Current status: collecting evidence
311. (17) Segundo Rafael Vergara Correa, member, SINTRACONTAXCAR – Cartagena Taxi Drivers’ Trade Union, 22 March 2004, Campestre Milagro, murder.
312. File No.: 142729
313. Branch: Cartagena
314. Investigating authority: Public Prosecutor No. 9, Cartagena branch
315. Stage of proceedings: preliminary
316. Current status: collecting evidence
317. (18) Alexander Parra Díaz, member, SINDIMAESTROS – Boyacá Teachers’ Union, 28 March 2004, Chiquinquira, murder, case under investigation.
318. File No.: 68139
319. Branch: Tunja
320. Investigating authority: Public Prosecutor No. 22, Chiquinquirá branch
321. Stage of proceedings: preliminary
322. Current status: collecting evidence
323. (19) Juan Javier Giraldo Diosa, member of ADIDA – the Antioquia Teachers’ Association, 1 April 2004, Medellín, murder, case under investigation.
324. File No.: 800867
325. Branch: Medellín
326. Investigating authority: Branch Public Prosecutor
327. Stage of proceedings: preliminary
328. Current status: collecting evidence
329. (20) José García, member of ASEDAR, 12 April 2004, TAME, murder, case under investigation. Based on the information brought by the DNF, in the petition, it was noted in the record of proceedings that the victim was a member of the abovementioned union, there was no written proof of this in the file.
330. File No.: 86343
331. Branch: Cúcuta
332. Investigating authority: Unico, TAME branch
333. Stage of proceedings: preliminary
334. Current status: collecting evidence
335. (21) Jorge Mario Giraldo Cardona, member of ADIDA, 14 April 2004, Medellín, murder, case under investigation.
336. File No.: 77950
337. Branch: Medellín
338. Investigating authority: Public Prosecutor No. 156, branch
339. Stage of proceedings: preliminary
340. Current status: collecting evidence
341. (22) Raúl Perea Zúñiga, 14 April 2004, JPCTO delegate, murder, case under investigation. Raúl’s murder began proceedings. The Judicial Information System of the Prosecutor’s Office is not dealing with the attack on Edgar Perea, Vice-President, it was not reported as such, it is referred to in this investigation.
342. File No.: 651376
343. Branch: Cali
344. Investigating authority: Fiscal 23, branch, JPCTO delegate
345. Stage of proceedings: preliminary
346. Current status: active
347. (23) Carlos Alberto Chicaiza Betancourth, Manager of SINTRAEMSIRVA, 15 April 2004, Cali, murder, case under investigation.
348. File No.: 650784
349. Branch: Cali
350. Investigating authority: Public Prosecutor No. 46, Vioda branch
351. Stage of proceedings: preliminary
352. Current status: collecting evidence
353. (24) Jesús Fabián Burbano Guerrero, member of USO, 31 May 2004, Mocoa, murder,
354. File No.: 2611
355. Branch: Mocoa
356. Investigating authority: Public Prosecutor No. 51, Orito branch
357. Stage of proceedings: preliminary
358. Current status: active
359. (25) Luís Alberto Toro Colorado, member of SINALTRADIHITEXCO, 22 June 2004, Bello, Antioquia, murder, case under investigation. Public Prosecutor’s Office, Dr. Díaz Muñoz Edelmira, when the body was recovered it was not initially identified.
360. File No.: 138833
361. Branch: Antioquia
362. Investigating authority: Public Prosecutor No. 5, Bello branch
363. Stage of proceedings: preliminary
364. Current status: collecting evidence
365. (26) Hugo Fernando Castillo Sánchez, ID No. 94506632, 21 years old, and Diana Jimena Zúñiga Urbano, ID No. 31305573, civil servant, DAS and wife, 22 June 2004, Cali, Calle 27, Carrera 31, El Jardín, murder, case under investigation. Inspection of the body carried out by Public Prosecutor No. 71, Acts Nos. 1869, 1870, personal effects of the DAS worker were found (communications radio, Avantel and others). Difficulties in the investigation: Hugo Fernando Castillo Sánchez, ID No. 94506632, 21 years old, and Zúñiga Urbano Diana Jimena ID No. 31305573.
366. File No.: 667370
367. Branch: Cali
368. Investigating authority: Fiscal 47, Cali branch
369. Stage of proceedings: preliminary
370. Current status: active
371. (27) Carmen Elisa Nova Hernández, auxiliary nurse, Bucaramanga Clinic, SINTRACLINICAS, 15 July 2004, Provenza Bucaramanga district, murder, case under investigation.
372. File No.: 172
373. Branch: national
374. Investigating authority: Specialized Public Prosecutor, Bucaramanga
375. Stage of proceedings: preliminary
376. Current status: collecting evidence
377. (28) Héctor Alirio Martínez, (1) President, ANTHOC, Arauca; (2) Treasurer, CUT, Arauca, and (3) member of the CUT Arauca, 5 August 2004, Caserío Caño Seco, municipality of Saravena, Arauca, aggravated homicide, security measure, 16 September 2004, four detained, preliminary. The legal situation is resolved against the four suspects with a security measure involving detention, for the suspected co-offenders of the offence of aggravated homicide. The soldier Walter was investigated on 26 October 2004, and is in charge of ongoing military criminal justice proceedings. The conflict of jurisdiction is being resolved in the Superior Judicial Council.
378. Offenders: Juan Pablo Ordoñez Cañón (sub-lieutenant Colombian Army); Jhon Alejandro Hernández Suárez (professional soldier Colombian Army); Oscar Saúl Cuta Hernández (professional soldier Colombian Army); Daniel Caballero Rozo alias Patilla (civilian); and Walter Loaiza Culma (professional soldier).
379. Status of offenders: three members of the National Army and one civilian.
380. File No.: 2009
381. Branch: national
382. Investigating authority: National Unit for Human Rights – International Humanitarian Rights (office 27)
383. Stage of proceedings: preliminary
384. Current status: active and collecting evidence
385. (29) Jorge Eduardo Prieto Chamucero, President, ANTHOC, Arauca; killed on 5 August 2004, Caserío Caño Seco, municipality of Saravena, Arauca, aggravated homicide, security measure, 16 September 2004, four detained. The legal situation is resolved against the four suspects with a security measure involving detention, for the suspected co-offenders of the offence of aggravated homicide. The soldier Walter was investigated on 26 October 2004, and is in charge of ongoing military criminal justice proceedings. The conflict of jurisdiction is being resolved in the Superior Judicial Council.
386. Offenders: Juan Pablo Ordoñez Cañón (sub-lieutenant Colombian Army); Jhon Alejandro Hernández Suárez (professional soldier Colombian Army); Oscar Saúl Cuta Hernández (professional soldier Colombian Army); Daniel Caballero Rozo alias Patilla (civilian); and Walter Loaiza Culma (professional soldier).
387. Status of offenders: three members of the National Army and one civilian.
388. File No.: 2009
389. Branch: national
390. Investigating authority: National Unit for Human Rights – International Humanitarian Rights (office 27)
391. Stage of proceedings: preliminary
392. Current status: active and collecting evidence
393. (30) Leonel Goyeneche Goyeneche, Treasurer, CUT, Arauca, killed on 5 August 2004, Caserío Caño Seco, municipality of Saravena, Arauca, National Unit for Human Rights – International Humanitarian Rights (office 27), aggravated homicide, security measure, 16 September 2004, four detained, preliminary, active and collecting evidence. The legal situation is resolved against the four suspects with a security measure involving detention, for the suspected co-authors of the offence of aggravated homicide. The soldier Walter was investigated on 26 October 2004, and is in charge of ongoing military criminal justice proceedings. The conflict of jurisdiction is being resolved in the Superior Judicial Council.
394. Offenders: Juan Pablo Ordoñez Cañón (sub-lieutenant Colombian Army); Jhon Alejandro Hernández Suárez (professional soldier Colombian Army); Oscar Saúl Cuta Hernández (professional soldier Colombian Army); Daniel Caballero Rozo alias Patilla (civilian); and Walter Loaiza Culma (professional soldier).
395. Status of offenders: three members of the National Army and one civilian.
396. File No.: 2009
397. Branch: national
398. Investigating authority: National Unit for Human Rights – International Humanitarian Rights (office 27)
399. Stage of proceedings: preliminary
400. Current status: active and collecting evidence
401. (31) Yorman Rodríguez, SINDIAGRICULTORES, 23 October 2003, municipality of Coloso, rape and attempted theft of a mobile phone, preliminary, active, report submitted to the Office of the Ombudsman No. 27 on 21 January 2004 explains the events relating to attempted sexual assault and physical abuse by members of the police in a police post on 23 October 2003.
402. File No.: 41853
403. Branch: Sincelejo
404. Investigating authority: Public Prosecutor No. 7, Sincelejo branch
405. Stage of proceedings: preliminary
406. Current status: active
407. (32) Edgar, Perea Zúñiga, leader, SINTRAMETAL, 14 April 2004, attempted murder, case under investigation, Raúl’s murder began proceedings. The Judicial Information System of the Prosecutor’s Office is not dealing with the attack on Edgar Perea, Vice-President, it was not reported as such, it is referred to in this investigation.
408. File No.: 651376
409. Branch: Cali
410. Investigating authority: Public Prosecutor No. 23, branch, JPCTO delegate
411. Stage of proceedings: preliminary
412. Current status: active
413. (33) Mario Nel Mora Patiño, President, ANTHOC, 30 January 2001, personal threats.
414. File No.: 58375
415. Branch: Ibague
416. Investigating authority: Ibagué
417. Stage of proceedings: preliminary
418. Current status: active
419. (34) Jesús Alfonso Naranjo, member of the national board of directors of the union, ANTHOC, 21 January 2004, Honda, personal threats.
420. File No.: 1059
421. Branch: national
422. Investigating authority: National Unit for Human Rights and International Humanitarian Rights
423. Stage of proceedings: preliminary
424. Current status: active
425. (35) Rodolfo Vecino Acevedo, Hernando Meneses Velaides, Rafael Cabarcas Cabarcas, members of SINCONTAXCAR, 7 February 2004, personal threats. Attached: letter No. 0973 from the Public Prosecutor’s Office, consultant Myriam Paola Acevedo. Immediate action threats directed at USO, signed by the Collective Corporation of Lawyers reporting to the National Community. The accusers are José Franqui. It was impossible for the investigating units to travel to the scene of the acts as there are apparently self-defence groups there.
426. File No.: 140376
427. Branch: Cartagena
428. Investigating authority: Public Prosecutor No. 48, branch
429. Stage of proceedings: preliminary
430. Current status: active
431. (36) Domingo Rafael Tovar Arrieta, Manager of the CUT, Bogotá, personal threats.
432. File No.: 54125
433. Branch: Pereira
434. Investigating authority: Specialized Public Prosecutor’s Office No. 16
435. Stage of proceedings: active
436. (37) Domingo Rafael Tovar Arrieta, Manager of the CUT, Bogotá, personal threats.
437. File No.: 54262
438. Branch: Pereira
439. Investigating authority: Specialized Public Prosecutor’s Office No. 42
440. Stage of proceedings: active
441. (38) Domingo Rafael Tovar Arrieta, President of the Single Confederation of Workers of Colombia – CUT, Bogotá, personal threats.
442. File No.: 54266
443. Branch: Pereira
444. Investigating authority: Public Prosecutor, delegate to CTI Bogotá
445. Stage of proceedings: suspended
446. (39) Domingo Rafael, Tovar Arrieta, President of the CUT, Bogotá, personal threats.
447. File No.: 54273
448. Branch: Pereira
449. Investigating authority: Specialized Public Prosecutor No. 40
450. Stage of proceedings: suspended
451. (40) Figueroa Oscar, member of SINTRAEMCALI, personal threats.
452. File No.: 568147
453. Branch: Cali
454. Investigating authority: Public Prosecutor No. 91, Cali branch
455. Stage of proceedings: preliminary
456. Current status: active
457. (41) Oscar, Figueroa, member of SINTRAEMCALI, personal threats.
458. File No.: 568147
459. Branch: Cali
460. Investigating authority: Public Prosecutor No. 91, Cali branch
461. Stage of proceedings: preliminary
462. Current status: active
463. (42) Yesid Plaza Escobar, President – trade union member (leader-president), National Union of Workers in Departmental Territorial Entities – SINTRAENTEDDIMCCOL. In the course of his work, 13 February 2004, Bugalagrande, personal threats, under investigation, unknown, union under investigation. The report is in writing by Mr. Plaza Escobar Yesid, he attached the threatening letter he had received, it refers to a fact known locally in the municipality of Bugalagrande – Valle, where the events took place.
464. To date the suspected authors of this act have not been identified and singled out, which means that the case cannot be opened while the initial, preliminary investigation is ongoing.
465. File No.: 3313
466. Branch: Buga
467. Investigating authority: Public Prosecutor No. 32, branch
468. Stage of proceedings: preliminary
469. Current status: active
470. (43) Víctor Manuel Jiménez Fruto, Vice-President of the Union of Small Farmers of the Atlantic SINTRAGRICOLAS-FENSUAGRO-CUT, 22 October 2002, Ponedera, forced disappearance.
471. File No.: 139121
472. Branch: Barranquilla
473. Investigating authority: Public Prosecutor No. 32 Specialized Life Unit
474. Stage of proceedings: preliminary
475. Current status: active
476. (44) Luís Carlos Herrera Monsalve and Ahymer de Jesús Velásquez Urrego, Vice-President of ADEA, free, 17 March 2004, Vereda los Sauces, municipality of Caicedo, abduction, case under investigation, Front 34 of the FARC, apparent guerrilla abduction. Reported by Herrera Monsalve’s son, José Mauricio (information updated on 3 August 2004). Free on 22 June 2004 Herrera Monsalve and on 30 May Aimer Velásquez Urrego.
477. File No.: 799170
478. Branch: Medellín
479. Investigating authority: Specialized Public Prosecutor No. 48 Medellín
480. Stage of proceedings: preliminary
481. Current status: active
482. (45) Alfredo Rafael Francisco Conea de Andrés and his guard Eduardo Ochoa Martínez, File No. 2030 National Human Rights Unit preliminary stage.
483. (46) Luis Hernández Monroy, member of SINTRAEMCALI, personal threats on 6 February 2004, active preliminary investigation.
484. 508. Regarding the events in the municipality of Arauca on 5 August 2004, in which three trade union leaders – Jorge Eduardo Prieto Chamucero, President of ANTHOC, Arauca branch, Leonel Goyeneche, Treasurer of ASEDAR and Treasurer of the Arauca CUT subdivision and Héctor Alirio Martínez, former President of FENSUAGRO, Arauca and CUT member, numbers 28, 29 and 30 of the above list – were killed, the Government reports that this was an armed confrontation between the National Army, Pizarro Network Group, and ELN subversives. The Government points out that according to information given by the National Army, the trade union members were killed in an armed confrontation with members of the guerrilla group ELN of which they were alleged members, appearing linked to investigation No. 61427 carried out by Public Prosecutor No. 12 of the National Terrorism Unit for terrorism offences which is why the three people had an outstanding capture order at the time of the events. The army seized weapons, explosives and propaganda relating to ELN. An official committee of Specialized Public Prosecutors from the Human Rights National Unit of the National Public Prosecutor’s Office are currently carrying out investigation No. 2009 into those events, and are in the active trial stage. The investigating authority ordered the entailment and capture of sub-lieutenant Juan Pablo Ordóñez Cañón and professional soldiers Oscar Saúl Cuta Hernández and John Alejandro Hernández Suárez as well as the civilian Daniel Caballero Rozo. The Public Prosecutor’s Office requested that the soldiers be made available to the body in the Fifth Brigade of the Army’s facilities based in Bucaramanga.
485. 509. The Government points out that Samuel Morales Flórez and Raquel Castro were detained at the same time, linked in file No. 61427 being carried out by the National Counter Terrorist Unit, office No. 12 of the Specialized Public Prosecutor’s Office for the offence of rebellion, in preventative detention. The Government stresses that there are 32 people involved in this file number.
486. 510. The Government adds that humanitarian aid was given to the family of Prieto Chapucero to help with the burial.
487. 511. In addition, information was obtained about the detention of two trade union members on Wednesday, 11 August 2004 in Arauca for alleged rebellion and conspiracy to offend: Weimar Cetina, member of ANTHOC detained on Capture Order No. 210854 for the offence of rebellion, investigation filed under No. 63142, carried out by Specialized Public Prosecutor No. 12 of the National Counter Terrorism Unit, for extortion and Juan Rueda Angarita, secretary of the union of various services in Arauca, detained on Capture Order No. 210855, for the offence of rebellion and alleged member of the FARC, investigation file No. 63141 carried out by Specialized Public Prosecutor No. 21 of the National Counter Terrorist Unit. A rapid and independent investigation is under way to clarify events and assign responsibility so that the offenders may be duly punished.
488. 512. The Government adds that additional information has been brought by trade union organizations about the detentions of four trade union members in August in Saravena and TAME for alleged rebellion and conspiracy to offend. Henry Nerira, member of SINDESS detained in Saravena; Sergio Velásquez, member of SINDESS detained in Saravena, Francisco Javier Castro, member of ANTHOC, detained in Saravena and Luis Alfonso Cairá, member of ANTHOC, detained in TAME. The Government points out that the National Directorate of the Prosecutors’ Offices, Assignments Office reported that the Public Prosecutor’s branch units in Saravena and TAME do not have any information on the capture of these men.
489. 513. In light of these facts, the Government reports that the trade union offices requested a meeting on 24 August with the Vice-President of the Republic in which it was agreed to ratify the authorities’ commitment to maintain the guarantees and measures to protect the trade union movement; the results of the investigation into the events of 5 August in Caño Seco, being carried out by the National Public Prosecutor’s Office, are awaited. Meetings will be held about the guarantees for trade union work, intelligence archives, permanent mechanisms for dialogue between the governor, the police and the trade union leaders, the first of which is planned for 22 September 2004; the national Government took up the suggestion to invite the Inter-American Committee on Human Rights to visit the Arauca department. The national Government will implement a project of support for communities at risk in Arauca, and the Vice-President will convey to the Public Prosecutor’s Office and to the National Public Prosecutor the suggestions to have a public report on the human rights investigations and to transfer the Public Prosecutor’s support system outside the facilities of the 18th Brigade in the Arauca department. The Government will talk to the competent authorities, about the request made regarding the ILO. There will be a follow-up meeting on this agreement in November.
490. 514. Regarding the members of the UNIMOTOR union, the Government reports the following:
491. - José Edgar Jiménez Cardona, President of UNIMOTOR, personal or family threats, November 2004, File No. 707030, Public Prosecutor Branch No. 91 of the offences against individual freedom unit, preliminary stage;
492. - José Héctor Ramírez Sabogal, President of the UNIMOTOR union, personal threats, November 2004, File No. 707030, Public Prosecutor Branch No. 91 of the offences against individual freedom unit, preliminary stage;
493. - José María Villalba Esquivel, President of UNIMOTOR, personal or family threats, November 2004, File No. 707030, Public Prosecutor Branch No. 91 of the offences against individual freedom unit, preliminary stage;
494. - Delio Gómez Ledesma, member of UNIMOTOR, killed on 14 August 2002 in Laflora, File No. 507533, Public Prosecutor Branch No. 23, inhibitory and archive;
495. - Luis Hernando Caicedo León, member of UNIMOTOR, killed on 24 January 2003, file No. 54275, Public Prosecutor Branch No. 41, inhibitory and archive;
496. - Nelson Vergara Castro, member of UNIMOTOR, killed on 27 June 2003, in Ciudad Mode, file No. 574406, Public Prosecutor No. 26 from Cali, preliminary stage, collecting evidence; and
497. - José María Villalba Esquivel, Manager of UNIMOTOR, threats on 24 January 2003, file No. 58319, Public Prosecutor No. 93 from Cali, preliminary stage, collecting evidence.
498. 515. Regarding the detention of Mrs. Fadime Candelaria Reyes Reyes, member of the board of directors of SINDEAGRICULTORES and national FENSUAGRO delegate, the Government, through the National Public Prosecutor’s Office, reports that she is on trial for the offence of extortion before investigating authority No. 1 of Sincelejo File No. 46587, preliminary hearing, with an appeal dated 13 September 2004 and file No. 30132 against the same woman for the offence of rebellion in January 2003 in Sucre, before Public Prosecutor No. 16 from Sincelejo.
499. 516. Regarding clause (h) of the Committee’s recommendations in the previous examination of the case, regarding the aggression suffered by members of FECODE, the Government points out that in order to clarify the events and make inquiries into the state of the investigations, it wrote to that trade union organization and has not received any response.
500. 517. Regarding the allegations presented by ASODEFENSA, the Government points out that one of the functions of the National Ministry of Defence is to contribute to keeping the peace and tranquillity for Colombians endeavouring to provide security which facilitates economic development, protection and conservation of natural resources and to promote and protect human rights, as well as maintaining the necessary conditions for the exercise of and right to public freedoms to ensure that the inhabitants of Colombia can live together peacefully. So, the job of the National Ministry of Defence is not only to protect the lives of individuals but also the lives of its civil servants, as in the case of Armando Cuellar Valbuena, making effective all the efforts to protect his life, officiating at DAS for the relevant security study (another matter is the fact that Mr. Cuellar changed his transfer at the last minute to the Isla de San Andrés, a place where the National Army does not have any units, which is why it was decided to transfer to the city of Leticia, Amazonas, where no illegal armed groups operate). The Government points out that Mr. Cuellar, sued before the judicial authority, where he received a ruling in Labour Court No. 19 of the Bogotá Circuit, through which the reinstatement of the civil servant at the site in the city of Neiva was ordered.
501. 518. Regarding the cases related to Lilian Oveida Landínez Vásquez, Isidro Benítez Aldana, Víctor Hugo Mendieta Candela, Enrique Ruiz Vargas and Luz Amanda Lozano Bocanegra, the Government reports that the Ministry acted in accordance with domestic law.
502. 519. The Government adds that the Ministry denies preventing trade union meetings from being held, but for reasons of security it is not advisable for these meetings to be held in the brigades, as they have been the target of terrorist attacks. In particular, it is pertinent to note that the Committee on Freedom of Association declared that: “The right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered.”
503. 520. The National Ministry of Defence grants trade union permits whenever they do not interrupt the normal running of service, and to date has granted 498. This is based on ruling No. T-502 of 1998 given by the Constitutional Court, according to which, trade union permits for civil servants cannot affect good public service, that is that the absence of the civil servant must not affect the running and the services that the body should provide. Because of this, we point out that at no time has the trade union jurisdiction been violated nor has the right to freedom of association been attacked, bearing in mind that the trade union has not presented any evidence of this, to date there are no judicial proceedings that indicate so.
504. Measures of protection
505. 521. Regarding the measures of protection for members of SINALTRAINAL from Nestlé and Coca-Cola, the Government states that:
506. Through Act 47 of 18 May 1999
507. - Reinforcement of the Bogotá headquarters
508. Act 03 of 10 February 2000
509. - Reinforcement of the Barrancabermeja headquarters
510. Act 08 of 14 April 2000
511. - Reinforcement of the Cali headquarters
512. - Reinforcement of the Barranquilla headquarters
513. Act 16 of 4 September 2000
514. - Means of communication for directors
515. Act 18 of 22 November 2000
516. - Ten (10) mobile phones and reinforcement of the Bugalagrande branch headquarters
517. - Juan Carlos Galvis: medium risk, protection scheme made up of two (2) men
518. Act 17 of 20 October 2000
519. - Wilson Castro Padilla: medium risk, Bolívar branch President, one (1) land transport support while vehicles are available
520. - Luís Miguel Castrillón: medium risk, Bolívar branch member, one (1) temporary land transport support
521. Act 20 of 19 December 2000
522. - Azael A. Ceballos: mobile phone
523. - Rómulo Serna: mobile phone
524. - Eberth Suárez: mobile phone
525. - Jesús E. Gordon: mobile phone
526. - Alonso Rodríguez: mobile phone
527. - María Becerra: mobile phone
528. - Darío Henao: mobile phone
529. - Jaime Flor Lame: mobile phone
530. - Argemiro Mosquera: mobile phone
531. - María Lilia Mojica: mobile phone
532. - José de J. Correales: mobile phone
533. - Luz Mila Díaz: mobile phone
534. For the Bucaramanga branch:
535. - Alvaro González: mobile phone
536. - Jimmy Fontecha: mobile phone
537. - Luis Eduardo García: mobile phone
538. - Domingo Flórez: mobile phone
539. - Pedro Nel Carreño: mobile phone
540. - Jaime Díaz: mobile phone
541. - René Córdova: mobile phone
542. - Rugero Moisés: mobile phone
543. - Germán Pinto: mobile phone
544. - Mauricio Luna: mobile phone
545. - Orlando Durán: mobile phone
546. - Nelson Pérez: mobile phone
547. - Pedro Ciro López: mobile phone
548. Act 06 of 2001
549. - Bugalagrande board of directors: collective protection scheme made up of three (3) men and one (1) vehicle
550. Act 05 of 11 and 12 May 2001
551. - Guillermo Antonio Quiceno Quiceno: one (1) mobile phone
552. - Saúl Rincón Camelo: three (3) temporary relocation supports
553. Act 19 of 2001
554. - Hernán Manco: mobile phone
555. - Martín Emilio Gil Gil: mobile phone
556. - Luis Adolfo Cardona Usma: mobile phone
557. - National board of directors: collective scheme, change means of communication to mobile phone
558. - Barranca board of directors: collective protection scheme
559. Doncello-Florencia (Caquetá) branches:
560. - Gerardo Plazas Perdomo: one (1) communication device subject to coverage
561. - Fabio Vargas Trujillo: one (1) communication device subject to coverage
562. - Hernando Giraldo: one (1) communication device subject to coverage
563. - Avantel for the Barrancabermeja DAS branch for emergency network
564. Act 08 of 7 May 2002
565. - Mareluis Mieles (Víctor Mieles’s daughter): three (3) international tickets, and two (2) national relocation supports in one payment
566. Act 05 of 23 April 2002
567. - National board of directors: six (6) monthly air tickets
568. - Luis Adolfo Cardona: extension of temporary relocation support
569. - Wilson Castro: extension of temporary relocation support, Cartagena director
570. - Luis Hernán Manco: three (3) temporary relocation supports, Bogotá director
571. - Oscar Giraldo: three (3) temporary relocation supports
572. - Oscar Tascón: Vice-President, Valledupar branch, one (1) Avantel, Bogotá director
573. - Oswaldo Enrique Silva Ditta: President, Valledupar, one (1) Avantel, Bogotá director
574. - Luis Adolfo Cardona: one (1) vest and one (1) Avantel
575. - Wilson Castro: one (1) vest and one (1) Avantel
576. - Juan Carlos Galvis: armoured vehicle for the assigned protection scheme
577. - Extra Avantel for the approved protection scheme in Bogotá
578. Act 03 of 26 March 2002
579. - Wilson Cartro Padilla: President, Cartagena branch. Two (2) temporary relocation supports and one individual protection scheme
580. Act 01 of 10, 14 and 21 January 2002
581. - Luis Adolfo Carona Usma: three (3) temporary relocation supports and one (1) move support
582. - Reinforcement of the Bugalagrande Cúcuta headquarters
583. Act 15 of 18 September 2002
584. - William Mendoza Gómez: President, Barrancabermeja branch, medium-high risk, two (2) relocation supports and one (1) Avantel
585. - Efraín Guerrero: President, Bucaramanga branch, medium risk, individual protection scheme and one (1) transport support while the scheme is implemented
586. Act 14 of 24 July 2002
587. - Adolfo Munera López: Barranquilla branch, three (3) temporary relocation supports, payable monthly
588. - Juan Carlos Galvis: Barrancabermeja branch, one (1) extra guard, precautionary measures
589. Act 11 of 19 June 2002
590. - Jaime Santos Dean: Cartagena complaints committee, medium risk, high-level protection scheme
591. - William Mendoza Gómez: President, Santander branch, medium-high risk, individual protection scheme and transport support for 192 while the scheme is implemented
592. - Sub-director of Barrancabermeja: three (3) vests for the collective protection scheme
593. - Robinsón Domínguez Romero: Treasurer, Bolívar branch, medium risk, individual protection scheme
594. Act 12 of 8 August 2003
595. - Bolívar branch board of directors: all the protection schemes assigned to this branch are collective for the whole board of directors
596. - Reassess Lidys Jaraba of CUT Atlantic’s protection scheme to reassign it to the board of directors of SINALTRAINAL Atlantic
597. - Recommend only one protection scheme for SINALTRAINAL Bolívar, there were two (2)
598. Act 9 of 16 July 2003
599. - The Barranquilla protection scheme remains collective for the board of directors
600. The DAS delegate reported that SINALTRAINAL Bolívar’s protection schemes are being underused, so the CUT delegate asked that these schemes remain collective, one for SINALTRAINAL Bolívar and another for SINALTRAINAL Barranquilla. Dr. Sanjuán declared that there would be budget problems and that the transfer could happen but it would take too long. CRER welcomed the recommendation and suggested that the administration of the scheme be transferred to Barranquilla, initially being done in Cartagena.
601. Act 07 of 26 May 2003
602. - Gerardo Cajamarca Alarcón: one (1) Avantel, one (1) vest and one (1) protection scheme
603. - Efraín Guerrero Beltrán: transport support suspended from June 2003
604. Act 02 of 14 February 2003
605. - Oscar Giraldo: one (1) temporary relocation support
606. - Hernán Manco: dos (2) temporary relocation supports
607. - Luis Alberto Díaz: one (1) Avantel
608. - Edwin Molina: one (1) Avantel communication device
609. - Jaime Santos Dean: one (1) Avantel communication device
610. Act 05 of 17 March 2003
611. - Inspection of the reinforcement of the Dos Quebradas branch headquarters requested
612. Act 05 of 18 February 2004
613. - José Onofre Esquivel: medium-low risk, Avantel communication device
614. - Alvaro González: medium-low risk, self-defence course
615. - Rafael Ramón Suárez Díaz: low risk, self-defence course and police patrol
616. - Alvaro Rafael Aguilar Acuña: medium-low risk, self-defence course and police patrol
617. - Robinson Domínguez Romero: medium-low risk, self-defence course and police patrol
618. Summary of reinforced headquarters
619. - Bogotá headquarters: Carrera 15, No. 35-18, approved by Act 47 of 1999, worth 29,688,558 Colombian pesos
620. - Barranquilla headquarters: Carrera 14, No. 41-23, approved by Act 07 of 2000, worth 15,929,322 Colombian pesos
621. - Cartagena headquarters: Transversal 44, No. 21 C-30, approved by Act 51 of 1999, worth 16,463,956 Colombian pesos
622. - Barrancabermeja headquarters: Calle 71, No. 21-89, approved by Act 02 of 2000, worth 30,041,206 Colombian pesos
623. - Cali headquarters: Calle 47, No. 2 N-23, 2nd floor, approved by Act 07 of 2000, worth 16,510,643 Colombian pesos
624. - Medellín headquarters: Carrera 46, No. 49 A-27, office 713, worth 14,111,791 Colombian pesos
625. - Bugalagrande headquarters: Carrera 7, No. 6-35, approved by Act 01 of January 2002, worth 33,756,055 Colombian pesos
626. - Bucaramanga headquarters: Carrera 14, No. 41-73, 1st floor, worth 11,703,650 Colombian pesos
627. - Valledupar headquarters: worth 29,615,520 Colombian pesos
628. - Cúcuta headquarters: Calle 8, No. 0-99, Latin Quarter, 24,008,640 Colombian pesos
629. Summary of protection schemes
630. - Bolívar:
631. – in August 2003, it was recommended to leave only one (1) protection scheme for this branch for the board of directors, there had been two assigned, one for Wilson Castro Padilla and another for Robinson Domínguez Romero
632. - Barrancabermeja:
633. – one (1) individual protection scheme for Juan Carlos Galvis with an armoured vehicle and an extra guard
634. – one (1) collective protection scheme and three extra vests
635. - Bugalagrande:
636. – one (1) collective scheme made up of three men and one vehicle
637. - National
638. – one (1) collective scheme
639. - Bucaramanga:
640. – one (1) individual scheme for Efraín Guerrero
641. - Santander:
642. – one (1) individual scheme for William Mendoza Gómez
643. - Atlantic:
644. – one (1) collective scheme
645. - Facatativa:
646. – one (1) individual scheme for Gerardo Cajamarca Alarcón
647. Communication devices
648. - Antioquia: 2
649. - Atlantic: 4
650. - Bolívar: 1
651. - Cauca: 2
652. - César: 4
653. - Cundinamarca: 11
654. - Magdalena: 1
655. - North Santander: 4
656. - Santander: 21
657. - Valle del Cauca: 10
658. Other matters
659. 522. Regarding the ICFTU’s allegations that the Government denied entry to international trade union members, the Government deplores the fact that what constitutes an act of state sovereignty, not contrary to the Conventions on freedom of association and the right to organize, nor to the principles from which the ILO’s supervisory bodies have derived them, can be presented as an “illegitimate action contrary to Colombia’s international obligations before the International Labour Organization”. It also rejects the tendentious and unfounded affirmations put forward by the complainants, suggesting that trade union members who participated in an international trade union meeting in the country “are now on a blacklist drawn up by the Government Immigration Service”. Colombia, like any sovereign State, can, regarding matters of state sovereignty (article 3 of the Political Constitution) including migration, establish procedures which, in accordance with article 4 of the Political Constitution, must be respected by nationals and foreigners. As stated above, exercising these powers does not contravene the ILO Conventions on freedom of association or the supervisory bodies’ derivative principles.
660. 523. That the workers’ organizations use their complaints, as in this case, to so mislead the Committee on Freedom of Association and the Governing Body, does nothing to contribute to the ILO’s work in favour of freedom of association in the world. Only if the matters are not distorted and wrongly described, can the supervisory bodies of the Organization make recommendations that reflect reality.
661. 524. Lastly, the Government considers that just because the ICFTU mentioned it in their complaint, it does not mean that this allegation should be incorporated into Case No. 1787. The Government asks the Freedom of Association Service why this communication was not given the procedure corresponding to an intervention.
662. 525. The Government of Colombia wishes to make clear that it, at no stage, “deported” the listed trade union members, as the complaint submitted to the ILO wrongly states. In the Immigration Office of the “El Dorado” airport, the foreign workers who wished to enter were submitted to the normal short interview that takes place in all countries and with any traveller regardless of their nationality, race, gender, destination or origin, with an aim to establishing what they had come to do in the country. Wanting to know this information is something that is completely within the bounds of sovereignty and is something that is done by immigration authorities every day in thousands of airports around the world without the governments of those countries being accused of violating international agreements or these powers being called illegitimate. In this vein and given the responses of the foreigners, mentioning their participation in the 4th Conference of Working Women organized by CUT on 2, 3 and 4 November and that they were part of the committees, the officers dealing with the situation had to establish the procedure to follow and what treatment they should be given, which took approximately two hours, counting from when they arrived in the immigration zone until their exit from the zone, as logged in the DAS registers at the airport.
663. 526. Going ahead with these procedures is not contrary to the principles and norms regulating the power to determine who can or cannot enter a sovereign State. So, after carrying out the procedures outlined above with the aforementioned citizens, including the Spanish citizen Pilar Morales, they were granted entry into Colombia and an initial stay of 72 hours, which was properly explained to them; then, the same Security Administration Department changed their status, granting them a stay of 30 days. The Government states that these people were not in any way detained or deprived of their liberty, as has been tendentiously claimed, they were also allowed to contact their respective delegations. Some of them chose not to enter the country and returned to their countries of origin and it is these people who falsely claim to have been deported.
664. 527. The Government wishes to recall that the Committee has stated on a number of occasions in particular that: “… measures taken by the authorities in application of a law concerning immigration and nationality related to the sovereign right which every country has to decide who shall and who shall not be admitted to its territory”. In the same way, the Government recalls that the Committee has also indicated that only when the application of the measures adopted by the authorities to enforce their immigration laws results in “… workers being dismissed or otherwise prejudiced because of their trade union affiliations, [these measures] might infringe the principle that workers have the right to join trade unions of their own choosing”. In this case, the measures did not lead to the workers being dismissed nor did they affect their right to join trade unions of their own choosing.
665. 528. The Government notes that the Committee has stated that “it is not competent to express an opinion on questions concerning the validity of a residence permit or to pronounce upon the right of a government to extend or not to extend the validity of such a permit”. As described above, the DAS took the decision to initially authorize a permit for a stay of 72 hours, which was later increased to 30 days.
666. 529. The Government sent new observations in a communication dated 4 May 2005, received on 25 May.

D. The Committee’s conclusions

1. 530. The Committee notes the new allegations and the Government’s observations that consist of information regarding acts of violence against trade union members and leaders and the safety measures adopted for the members of certain trade union organizations. The Committee also notes the Government’s considerations of the Committee’s conclusions in its previous examination of the case.
2. 531. In this respect, the Committee notes that according to the Government some of the cases presented as “new allegations” in the Committee’s 335th Report are not in fact new, as they appear in previous reports on the case. The Government refers specifically to the allegations regarding Ricardo Espejo, Marco Antonio Rodríguez, José Orlando Céspedes and Orlando Frías Parada. The Committee observes that the first three allegations featured in the 333rd Report as abductions and in the 335th Report as murders and as such were correctly brought up as “new allegations” on both occasions but in different categories. Regarding Orlando Frías Parada, the Committee observes that among all the allegations presented in the recent examinations of the case, this allegation was presented twice. As for the Government’s observations regarding Mr. Frías Parada, these same observations appear in paragraph 689 of the 335th Report in the section on murders, item 58.
3. 532. The Committee also notes that the Government denounces the Committee for not always taking note of its observations about the state of the ongoing judicial investigations and attaches a list of those investigations that, it believes, were not taken into account in the Committee’s conclusions in the previous examination of the case. The Committee finds that in looking carefully at this list and the observations presented by the Government in the previous examination of the case it seems that all the investigations to which the Government refers were correctly recorded in the section on the Government’s reply, paragraph 689 and after of the 335th Report, and were taken into account in the drawing up of the Committee’s conclusions (which is why this list was not included again in this examination of the case). The Committee must point out in general that the Committee’s conclusions are not a reproduction of the complainants’ allegations and the Government’s observations but rather the result of a careful examination of them which highlights in a general way the concerns outlined by the former and the Government’s efforts to investigate the allegations.
4. 533. Regarding the substance of the issues dealt with in this case, the Committee notes that the Government reports on the investigations of:
5. - 34 murders, of which two cases have been dismissed for lack of evidence, one case has reached the trial stage and the rest are in the preliminary active stage;
6. - 17 threats, of which one investigation has been suspended and the rest are in the preliminary stage;
7. - one abduction, in the preliminary stage;
8. - one forced disappearance, in the preliminary stage;
9. - one attempted murder, in the preliminary stage;
10. - one relocation, in the preliminary stage; and
11. - one other type of violent act, in the preliminary stage.
12. 534. The Committee observes that most of these investigations, corresponding almost in their entirety to acts of violence alleged in the 335th Report, had already been reported to the Committee at its last examination of the case [see 335th Report, para. 718].
13. Investigations and the situation of impunity
14. 535. In general, the Committee deplores that the reigning situation of impunity instils a climate of fear which prevents the free exercise of trade union rights. 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, 4th edition, 1996, para. 47].
15. 536. Regarding impunity in particular, the Committee observes that most of the information submitted by the Government in this examination of the case had already been submitted in the previous examination, and that of the 56 investigations, one is at the trial stage, one has been suspended, two have been dismissed for lack of evidence and archived, and the rest are in the preliminary active stage, so that there have been no effective convictions.
16. 537. In addition, the Committee notes that the Government declares its disagreement with the recommendations contained in the previous examination of the case regarding impunity as it believes that having begun the relevant investigations, the stages of proceedings designed to clarify the facts should be respected, which can mean long procedures before reaching a verdict. In this respect, the Committee must emphasize that it does not in any way mean that due process should be altered. On the contrary, the Committee expects the investigations to be carried out and developed to their end, attempting by all possible means to find out who are the true authors of the violent acts reported so that they may be properly punished. The Committee recognizes in this regard that respecting the necessary stages of the proceedings can mean that the investigations are long and complex.
17. 538. However, from reading all the information submitted by the Government throughout the successive examinations of the case, regarding the investigations that have begun into the acts of violence committed against trade union leaders and members, the Committee observes that most of the investigations are in the preliminary stage or end in a dismissal for lack of evidence (which has already been observed by the Committee on previous occasions). The latter means that the case will not be investigated further unless new evidence is produced and therefore there will not be a ruling on the substance of the case and, ultimately, no sentence. The Committee observes that according to the information submitted by the Government, of the 34 murders for which investigations had begun, two had been dismissed for lack of evidence, one was in the trial stage and the rest were in the preliminary stage; of the 17 investigations into threats, one was suspended and the rest were in the preliminary stage; the other investigations into abductions, disappearances, attempted murders and other acts of violence were all in the preliminary stage. The situation is even worse when one also takes into account that since the last direct contacts mission which took place in January 2000, the Government has reported fewer than five effective sentences out of all the acts of violence towards trade union leaders and members. In these circumstances, the Committee can only conclude that there is indeed a serious situation of impunity. The Committee recalls that “The absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights” [see Digest, op. cit., para. 55].
18. 539. In these conditions, the Committee is bound to reiterate the conclusions it reached in its previous examinations of the case, namely, that the lack of investigations in some cases, the limited progress in the investigations already begun in other cases and the total lack of convictions underscore the prevailing state of impunity, which inevitably contributes to the climate of violence affecting all sectors of society and the destruction of the trade union movement. The Committee once again urges the Government, in the strongest terms, to take the necessary measures to carry on with the investigations which have begun and to put an end to the intolerable situation of impunity so as to punish effectively all those responsible.
19. 540. The Committee notes that the Government reports that in some cases the trade union members and leaders are targets of acts of violence because of their participation in, or links to, guerrilla movements. On this point, the Committee observes that such affirmations should only be made after the relevant judicial investigations have been carried out.
20. Allegations for which the Government states
21. that it has insufficient information
22. 541. The Committee notes that the Government states that one of the reasons why it cannot respond in certain cases is that the complainant organizations did not send sufficient information about the events to be investigated (the name of the trade union member, the trade union post, the place and the date of the events) in spite of the Government’s request to this effect. The Committee also notes the list drawn up by the Government regarding the allegations of threats, abductions and disappearances of trade union leaders and members on which the Government indicates that it will not respond until the complainant organizations provide the information and proof of a trade union rights violation warranting the intervention of the Committee.
23. 542. On this point, the Committee observes that those allegations already appeared in the previous examination of the case in the sections on threats, abductions and disappearances and that in almost all cases the place and date of the events were listed, while in some cases, the people or institutions that made the threats and the trade union to which the victims belonged were also listed. The Committee believes that as these are serious acts of violence, there is sufficient information to begin investigations on them or to find out if the investigations have already begun. In addition, it should be noted that these allegations have been systematized in the examination of the case, but that in accordance with the Committees’ procedures, copies of the complaints containing more detailed information have been sent to the Government. In these conditions, as these are serious allegations of abductions, disappearances and threats, the Committee requests the Government to take all the necessary measures so that, on the basis of the information recorded in this case, the corresponding investigations begin on these and all the other alleged acts of violence up to March 2005, on which there is no report that investigations or judicial proceedings have begun (Appendix I) and it asks the Government to continue sending its observations on the progress of the investigations that have already begun and on which it has already provided information.
24. 543. In addition, the Committee once again urges the complainant organizations to take all possible measures to provide the Government with all the information they have on the allegations presented so that it can properly carry out investigations into them.
25. Trade union status of some victims
26. 544. Regarding the trade union status of some victims queried by the Government, the Committee regrets that, once again, the complainant organizations did not submit that information to the Government and urges them once again to do so without delay.
27. Measures of protection for trade unions
28. and their members
29. 545. The Committee notes the Government’s information on the measures of protection for the SINALTRAINAL trade union leaders and members within the Coca-Cola and Nestlé corporations and the measures of protection adopted in some regions. The Committee requests the Government to continue to keep it informed of the measures of protection and of the security schemes implemented as well as those adopted in the future for other trade unions and other departments or regions.
30. Other matters
31. 546. Regarding clause (h) of the recommendations regarding aggression against FECODE members, the Committee asks the complainant organization to submit the necessary information to the Government so that it can carry out the relevant investigations.
32. 547. Regarding the ICFTU’s allegations that the Government denied entry to international trade union members, the Committee notes the Government’s questioning of their inclusion in this case and states that in exercising their sovereign rights, the immigration authorities did not deny entry but rather questioned the leaders about the purpose of their visit, which entailed staying in the airport facilities. The Committee takes note of the communication sent by the Government to the complainant organization indicating that the trade union members’ stay in the airport was due to a narrow interpretation of the relevant legislation on the part of the immigration officers and had nothing to do with a government policy to limit the movement of trade union members, and that their situation was sorted out within 72 hours. The Committee also notes that the Government states in its communication that the trade union members who decided not to enter into Colombian territory are welcome. In addition, the Committee notes that the Government reports that none of the leaders has been included on any kind of blacklist.
33. 548. Firstly, the Committee draws the attention of the Government to the fact that these allegations were included in this case because the complainant organization addressed its communication to the Committee on Freedom of Association in the framework of this case. Secondly, taking into account that according to the communications from both the complainants and the Government, the situation has now been resolved and, trusting that it will not be repeated in the future, the Committee will not proceed with an examination of these allegations.
34. 549. Lastly, and generally, the Committee considers that taking into account the violent situation which the trade union movement must face due to the serious situation of impunity, and the numerous cases that have not been resolved and the fact that the last mission of this Office to the area took place back in January 2000, it would be highly desirable to collect further and more detailed information from the Government and the workers’ and employers’ organizations, in order to have an up-to-date understanding of the situation. Consequently, the Committee suggests that the Chairperson of the Committee meet with the Government representative at the International Labour Conference in June 2005 with a view to determining possible future action so as to obtain the fullest information on the matter to place before the Committee.
35. 550. The Committee takes note of the communication sent by the Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI) dated 21 April 2005, which makes reference to serious allegations relative to anti-union acts against the Colombian trade union movement. The Committee also takes note of the communication of the World Federation of Trade Unions (WFTU) of 2 May 2005 which contains a list of trade union leaders who were assassinated in 2004 (some of these allegations have already been taken into account in previous examinations of the case). The Committee requests the Government to send without delay its observations in this respect. Finally, the Committee will examine the Government’s observations dated 4 May 2005 and received on 25 May 2005 at its next meeting.

Z. ANNEX

• Appendix I
• Acts of violence alleged against trade union leaders
• or members up until the March 2005 meeting of the Committee for which the Government has not communicated its observations or for which the Government does not report that investigations or judicial proceedings have been started particularly because it considers the information submitted by
• the complainants to be insufficient
• Murders
  1. (1) Edison Ariel, 17 October 2000, SINTRAINAGRO.
  2. (2) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo.
  3. (3) Ricardo Florez, member of SINTRAPALMA, 8 January 2001.
  4. (4) Alberto Pedroza Lozada, 22 March 2001.
  5. (5) Ramón Antonio Jaramillo, Prosecutor of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region.
  6. (6) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga, by paramilitaries.
  7. (7) Eliécer Orozco, FENSUAGRO, on 11 November 2001 in Ciénaga, by paramilitaries.
  8. (8) Alberto Torres, member of the Antioquia Teachers’ Association (ADIDA), on 12 December 2001, in Antioquia.
  9. (9) Edison de Jesús Castaño, member of ADIDA, on 25 February 2002, in Medellín.
  10. (10) Nicanor Sánchez, member of ADE, on 20 August 2002, in Vista Hermosa, Department of Meta.
  11. (11) José del Carmen Lobos, member of ADEC, on 15 October 2002, in Bogotá.
  12. (12) Edgar Rodríguez Guaracas member of ADEC, on 15 October 2002, in Bogotá.
  13. (13) Cecilia Gómez Córdoba, member of SIMANA, on 20 November 2002, in El Talón de Gómez, Department of Nariño.
  14. (14) Julio Vega, regional official of SINTRAINAGRO, by a group of paramilitaries and Colombian soldiers from the 5th Mobile Brigade Units, Counter-Insurgency Batallion No. 43 of the 18th Brigade, and the Narvas Pardo Batallion, together with 12 other residents of the communities of Flor Amarilla y Cravo Charo of the Department of Arauca, on 21 May 2004.
  15. (15) (34) Miguel Espinosa, former union official and founder member of the CUT, in the district of La Pradera, Barranquilla, Department of El Atlántico, on 30 June 2004.
  16. (16) Camilo Borja, member of the USO, in Barrancabermeja, on 12 July 2004.
  17. (17) Benedicto Caballero, Vice-President of the National Federation of Agricultural Cooperatives of Colombia (FENACOA), in the municipality of Mesitas, Department of Cundinamarca, on 22 July 2004.
  18. (18) Henry González López, member of the San Carlos Sugar Refinery Workers’ Union (SINTRASANCARLOS), in Tulúa, on 5 August 2004.
  19. (19) Gerardo de Jesús Vélez, member of the San Carlos Sugar Refinery Workers’ Union (SINTRASANCARLOS), in Tulúa, on 7 August 2004.
• Abductions and disappearances
  1. (1) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001
  2. (2) Luis Alberto Olaya, member of the Valle Single Education Workers’ Trade Union (SUTEV), in the Department of Valle del Cauca, on 15 July 2003.
  3. (3) David Vergara and Seth Cure, officials of SINTRAMIENERGETICA, on 29 September 2003
• Attempted murders
  1. (1) César Andrés Ortiz, member of the CGTD, on 26 December 2000. The CGTD provided the Government with the necessary information but there is no investigation.
  2. (2) Euclides Gómez, official of SINTRAINAGRO, in Ciénaga, on 31 July 2003.
  3. (3) Miguel Angel Bobadilla, Education Secretary of FENSUAGRO, on 19 November 2003
  4. (4) Explosive device at the headquarters of SINTRAEMCALI, on 6 February 2004
  5. (5) Berenice Celeyta, adviser to SINTRAEMCALI, on 6 February 2004.
• Death threats
  1. (1) Giovanni Uyazán Sánchez.
  2. (2) Reinaldo Villegas Vargas, member of the “José Alvear Restrepo” Society of Lawyers.
  3. (3) against SINTRHOINCOL workers on 9 July 2001.
  4. (4) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001.
  5. (5) against trade union officials in Yumbo.
  6. (6) the headquarters of SINTRAHOINCOL.
  7. (7) workers and members of the Arauca Power Company, by paramilitaries.
  8. (8) in Arauca, activists of the Arauca Educators’ Association (ASEDAR) and National Association of Workers and Employees in Hospitals and Clinics (ANTHOC).
  9. (9) the members of SINALTRAINAL, Bucaramanga branch, 14 March 2003.
  10. (10) Leónidas Ruiz Mosquera, chairman of the ASODEFENSA coffee sector subcommittee.
  11. (11) Jorge León Sarasty Petrel, National President of SINALTRACORPOICA, on 9 June 2003, in Montería, where he was advising on the formation of the union’s Córdoba branch.
  12. (12) Workers of the Drummond company (2,000 in all) working in conflict zones where paramilitary groups operate and consider them as military targets. Five officials and members have already been murdered and have been considered in previous examinations of the case. Currently, workers are being sent to remote areas where there is no security.
  13. (13) José Moisés Luna Rondón, member of the Association of University Professors (ASPU), on 31 July 2003.
  14. (14) David José Carranza Calle, son of Limberto Carranza, an official of SINTRAINAL, on 10 September 2003.
  15. (15) José Luis Páez Romero and Carmelo José Pérez Rossi, respectively President and member of the National Union of Workers and Employees of the University of Colombia (SINTRAUNICOL), on 29 September 2003.
  16. (16) José Onofre Luna, Alfonso Espinoza, Rogelio Sánchez and Freddy Ocoro, members of SINTRAINAL in Barrancabermeja, on 11 October 2003.
  17. (17) Jimmi Rubio, official of the National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA).
  18. (18) José Munera, President of SINTRAUNICOL, Antonio Florez, inter-union secretary, Luis Otalvaro, Secretary-General of the National Executive Board of SINTRAUNICOL, Elizabeth Montoya, Chairman of the Medellín Executive Subcommittee of SINTRAUNICOL and Norberto Moreno, activist, Bessi Pertuz, Vice-President of SINTRAUNICOL, Luis Ernesto Rodríguez, Chairman of the Bogotá Executive Subcommittee of SINTRAUNICOL, Alvaro Vélez, Chairman of the Montería Executive Subcommittee of SINTRAUNICOL, Mario José López Puerto, Treasurer of the National Executive Board of SINTRAUNICOL, Alvaro Villamizar, Chairman of the Santander Executive Subcommittee of SINTRAUNICOL, Eduardo Camacho and Pedro Galeano, activists of the Tolima Executive Subcommittee; Ana Milena Cobos official of the Fusagasugá Executive Subcommittee, Carlos González and Ariel Díaz, Treasurer and Human Rights Secretary of the Executive Subcommittee of the CUT-Valle were declared military objectives by the Self-Defence Units of Colombia, on 27 November 2003.
• Arrests
  1. (1) Alonso Campiño Bedoya, Vice-President of the CUT Saravena, William Jiménez, member of the Union of Workers of the Saravena Town Hall, Orlando Pérez, official of the CUT Saravena, Blanca Segura, President of the Educational Workers’ Union (SINTRAENAL), Fabio Gómez, member of the Construction Workers’ Union, Carlos Manuel Castro Pérez, member of the Union of Workers of the Saravena Town Hall, Eliseo Durán, member of the Construction Workers’ Union, and José López, member of the Saravena Hospital Workers’ Union, were arrested in the course of an operation conducted by members of the XVII Brigade and agents of the Public Prosecutors’ Office. According to the ICFTU, which lodged the relevant complaint, although some of those arrested were subsequently released others are still in prison.
  2. (2) Noemí Quinayas and María Hermencia Samboni, activists of the National Association of Workers’ and Employees in Hospitals and Clinics (ANTHOC), were held without charge, on 27 September 2003.
  3. (3) Ruddy Robles Secretary-General of SINDEAGRICULTORES, Ney Medrano and Eliécer Flores, members, on 14 October 2003, apparently without a warrant for their arrest.
  4. (4) Apolinar Herrera, Ney Medrano (SINDIAGRICULTORES), Policarpo Padilla, President of the Quindío Agricultural Workers Union, Calarcá branch, and more than 80 officials in the municipality of Cartagena del Chairán, including Víctor Oime of SINTRAGRIM, in November 2003.
  5. (5) Perly Córdoba and Juan de Jesús Gutiérrez Ardila, President of the Peasants’ Association of Arauca (ACA) and Director of Human Rights of FENSUAGRO-CUT and Treasurer of the ACA respectively, on 18 February 2004; two of their bodyguards have disappeared and their defence lawyer has received numerous threats.
  6. (6) Search of the private residence of Nubia Vega, official of the ACA, and arrest of her bodyguard, Víctor Enrique Amarillo.
  7. (7) Nubia González, daughter of the former President of SINDEAGRICULTORES and national delegate of FENSUAGRO.
  8. (8) Adolfo Tique, official of the Tolima Agricultural Workers’ Union, an affiliate of FENSUAGRO, was arrested by the army in the municipality of Dolores, Department of Tolima on 18 July 2004.
  9. (9) Samuel Morales Flórez, President of the CUT Arauca, María Raquel Castro, member of the Arauca Educators’ Association (ASEDAR), María Constanza Jaimes Fernández, partner of Jorge Eduardo Prieto Chamusero, who was murdered on the same day.
  10. (10) Jaime Duque Porras, arrested during a demonstration on 1 May 2004 by members of the Administrative Department of Security (DAS), and subsequently released.
• Abductions and disappearances
  • - David Vergara and Seth Cure, officials of SINTRAMIENERGETICA, on 29 September 2003.
• Forced relocations
  • - Ariano León, Julio Arteaga, Pablo Vargas, Alirio Rincón and Rauberto Rodríguez, members of SINTRAPALMA, in November 2004.
• Appendix II
• Acts of violence against trade union leaders
• or members mentioned in Appendix I of the
• Committee’s 335th Report or in the
• “new allegations” section of that report
• on which the Government has
• communicated its observations
  1. (1) Uriel Ortiz Coronado; (2) Wilson Rafael Pelufo Arroyo; (3) Ricardo Espejo; (4) Marco Antonio Rodríguez; (5) Germán Bernal; (6) José Céspedes; (7) José de Jesús Rojas Castañeda; (8) Orlando Frías Parada; (9) Severo Bastos; (10) Ricardo Barragán Ortega; (11) Alvaro Granados Rativa; (12) Yesid Chicangana; (13) Yanet del Socorro Vélez Galeano; (14) Camilo Kike Azcárate; (15) Carlos Raúl Ospina; (16) Ernesto Rincón; (17) Luis José Torres Pérez; (18) Oscar Emilio Santiago; (19) César Julio García; (20) Rosa Mary Daza; (21) Hugo Palacios Alvis; (22) Sandra Elizabeth Toledo Rubiano or Ana Isabel Toledo Pubiano; (23) Rafael Segundo Vergara; (24) Alexander Parra; (25) Juan Javier Giraldo; (26) José García; (27) Jorge Mario Giraldo Cardona; (28) Raúl Perea; (29) Carlos A. Chicaiza Betancourt; (30) Fabián Burbano; (31) Luis Alberto Toro Colorado; (32) Hugo Fernando Castillo Sánchez; (33) Carmen Elisa Nova Hernández; (34) Héctor Alirio Martínez; (35) Jorge Prieto; (36) Henry González López; (37) Gerardo de Jesús Vélez; (38) Yorman Rodríguez; (39) Oscar Figueroa; (40) Edgar Perera Zúñiga; (41) Jesús Alfonso Naranjo and Mario Nel Mora Patiño; (42) Jaime Carrillo, Celedonio Jaimes and Francisco Rojas; (43) Roberto Vecino; (44), Domingo Tovar; (45) Luis Hernández and Oscar Figueroa; (46) Yasid Escobar; (47) Fanine Reyes Reyes.