Rapport intérimaire - Rapport No. 322, Juin 2000

1. 5. The Committee last examined this case at its November 1999 meeting (see 319th Report, paras. 5-116). The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 2 and 23 March, 4, 7, 11 and 12 April, and 3, 4 and 18 May 2000. The Single Confederation of Workers of Colombia (CUT) sent new allegations in communications dated 15 February and 19 May 2000. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) sent new allegations in a communication dated 15 February 2000. The Confederation of Workers of Colombia (CTC) sent new allegations in a communication dated 14 February 2000. The Petroleum Industry Workers' Trade Union (USO) submitted a complaint in a communication dated 15 February 2000. The General Confederation of Democratic Workers (CGTD) sent new allegations in a communication dated 18 April 2000. The Government sent its observations in communications dated 10 and 16 November 1999 and 9 March and 9, 15 and 19 May 2000.
2. 6. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 7. At its November 1999 meeting the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and various acts directed against trade unions, including acts of anti-union discrimination (see 319th Report, para. 116):
   • (a) Concerning the allegations in regard to which the Government had reported at the March 1999 meeting or earlier that investigations and legal proceedings were under way, the Committee regrets to note that the Government has not sent any new information on the development of proceedings concerning the individuals mentioned and urges the Government to provide information in that respect without delay.
     • Murders
   • (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta (13 August 1995); (3) Francisco Mosquera Córdoba (February 1996); (4) Carlos Arroyo de Arco (February 1996); (5) Francisco Antonio Usuga (22 March 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Umanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliacer Ojeda; (10) Alfonso Noguera Cano; (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndez Rodríguez (4 March 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Fredy Arboleda Aguirre; (15) William Alonso Suárez Gil; (16) Eladio de Jesús Chaverra Rodríguez; (17) Luis Carlos Muñoz (7 March 1997); (18) Nazareno de Jesús Rivera García (12 March 1997); (19) Héctor Gómez (22 March 1997); (20) Gilberto Casas Arboleda; (21) Norberto Casas Arboleda; (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton (25 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (29 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Avilés Arroyo (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camaño Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón (7 March 1997); (36) Isidro Segundo Gil Gil (9 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (7 April 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez (July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1998) (mentioned in the allegations as having diappeared); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1998); (51) Fernando Triana (31 January 1998); (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Ursola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (3 June 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); and (58) José Eduardo Umaña Mendoza (18 April 1998).
     • Disappearances
   • (1) Rodrigo Rodriguez Sierra (16 February 1995); (2) Ramón Osorio Beltrán (15 April 1997); (3) Alexander Cardoma (14 July 1998); (4) Mario Jiménez (27 July 1998).
   • (b) Concerning the allegations of murders and attempted murders in regard to which the Government reports that it has opened judicial investigations (murders: José Vicente Rincón (murdered on 7 January 1998 in Barrancabermeja); Jorge Boada Palencia (murdered on 18 April 1998); Jorge Duarte Chávez (murdered in Barrancabermeja on 9 May 1998); Carlos Rodríguez Márquez (murdered on 10 May 1998); Arcángel Rubio Ramírez Giraldo; Orfa Ligia Mejía (murdered on 7 October 1998); Macario Herrera Villota; Víctor Eloy Mieles Ospino and Rosa Ramírez; attempted murders: Virgilio Ochoa Pérez; Eugeniano Sánchez and Benito Rueda Villamizar). The Committee expresses its grave concern and repudiates these acts and requests the Government to keep it informed as a matter of urgency on the results of the investigations and prosecutions under way.
   • (c) As concerns the alleged murders of trade union leaders and members regarding which the Government reports that it is awaiting specific information from the Office of the Procurator-General (Oscar Artunduaga Nuñez, Jesús Orlando Arévalo, Moisés Canedo Estrada, Gladys Pulido Monroy, Oscar David Calandón Gonzales, Oswaldo Rojas, Julio Alfonso Poveda, Pedro Alejandrino Melchor Tapasco and Manuel Avila Ruiz), the Committee observes that the communicated information does not make it possible to establish whether an investigation is under way and again urges the Government without delay to take measures to have investigations opened and to keep it informed in this respect.
   • (d) Concerning the eight murder cases where the investigations have been adjourned by the competent Procurator's Office (Ernesto Emilio Fernández Pezter, murdered on 20 November 1995; Libardo Antonio Acevedo, murdered on 7 July 1996; Magaly Peñaranda, murdered on 27 July 1997; David Quintero Uribe, murdered on 7 August 1997; Aurelio Arbeláez, murdered on 4 March 1997; José Guillermo Asprilla Torres, murdered on 23 July 1997; Carlos Arturo Moreno López, murdered on 7 July 1995; and Luis Abel Villa León, murdered on 21 July 1997), the Committee asks the Government to initiate new investigations on these cases and to keep it informed in this regard.
   • (e) Concerning the Ministry of the Interior's protection programme for individuals who have been threatened, the Committee notes with interest the Government's statement that it has been stepped up together with the number of trade union leaders benefiting from protection, and the risk studies carried out for individuals and trade union organization; in addition, the Committee notes that investigations have been opened into the threats against the trade unionists Alexander López M., Robinson Emilio Masso Arias, Luis Eduardo Garzón Héctor Fajardo Abril and Hernando Fernández. The Committee urges the Government to take measures to protect trade unionists and unions at risk and to keep it informed of all new measures adopted in that regard.
   • (f) With regard to the death threats enumerated in the annex, the Committee urges the Government to take measures immediately to provide protection to the individuals threatened and to carry out investigations to identify the perpetrators:
     • Death threats
   • (1) Ms. Bertina Calderón (vice-chairperson of the CUT).
2. (2) The members of the executive committee of FENSUAGRO.
3. (3) Pedro Barón, president of the Tolima branch of the CUT, threatened by certain members of the security forces after having participated in a protest strike on 19 July 1995.
4. (4) The members of the executive committee of the Workers' Union of the Titán Corporation, Yumbo municipality, who received death threats from a paramilitary group named "Colombia Sin Guerrilla" - COSINGER (Colombia without guerrillas) on 26 October 1995 and 17 May 1996.
5. (5) The members of the executive committee of the Association of Agriculturalists of Southern Bolívar (Justo Partor Quiroz, secretary, Roque León Salgado, treasurer and Bersaly Hurtado, attorney).
6. (6) The National Executive Committee of the CUT, Messrs. Jesús Antonio González Luna (director of the human rights department) and Domingo Rafael Tovar Arrieta (director of the administrative department).
7. (7) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry Ocampo, Sergio Díaz and Fernando Cardona.
8. (8) Jairo Antonio Cardona Mejía, president of the Workers' Union of Cartago Municipality and other executives (Albeiro Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño, councillor).
9. (9) Clara Vaquero Sarmiento, chairperson of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies, who received threats on 27 March 1998.
10. (10) Pablo Emilio Calvo, vice-president of the Workers' Union of Cartago municipality, was threatened by death in a pamphlet.
11. (11) Threats were made to individuals linked to the work of the trade union movement, including the Colombian Lawyers' Commission and the José Alvear Attorneys' Collective.
12. (12) José Aníbal Quiroga, vice-president of the national committee of the Brinks company, received death threats in telephone calls urging him to abandon his trade union activities. His father also received threats.
    • (g) Concerning the allegations of death threats mentioned in paragraph 107 with respect to which the Government has not sent information regarding the development of the investigations, the Committee requests the Government to send it information on the development and results of these investigations.
    • (h) Concerning the allegations of detentions, the Committee requests the Government to inform it of the results of the investigations into the detention of Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta.
    • (i) Concerning the new and pending allegations of murders and attempted murders, disappearances, detentions, persecutions and unlawful imprisonment in respect of which the Government did not send observations, the Committee urges the Government to communicate without delay its observations on all of the allegations in the annex to this case, to take urgent measures to have investigations carried out in order to shed light on the incidents, determine where responsibility lies and punish the guilty parties, and to keep it informed of all developments in this respect. (The allegations relate to acts of violence on which the Government has sent no information or has sent inadequate information from which it is not possible to determine whether an investigation has been started. The allegations are reproduced below.)
      • Murders
    • (1) Manuel Francisco Giraldo, member of the executive committee of the National Union of Agricultural Workers (SINTRAINAGRO), murdered on 22 March 1995.
13. (2) Twenty-three workers who were members of SINTRAINAGRO, murdered on 29 August 1995.
14. (3) Alvaro David, member of the workers' committee of the "Los Planes" farm, affiliated to SINTRAINAGRO, murdered on 22 March 1996.
15. (4) Eduardo Ramos, trade union leader of "El Chispero" farm, Apartadó, Urabá, Antioquia, murdered on 14 July 1997.
16. (5) Marcos Pérez González, member of the Electrical Trade Union of Colombia (SINTRECOL), murdered on 10 October 1998.
17. (6) Jorge Ortega García, vice-president of the CUT, murdered on 20 October 1998 (Mr. Ortega García had presented new allegations connected with this case hours before his death).
18. (7) Ms. Hortensia Alfaro Banderas, vice-chairperson of SIDESC, on 24 October 1998 in the municipality of Manure, César administrative district.
19. (8) Jairo Cruz, president of the Union of Workers in Edible Oils, murdered on 26 October 1998 in the municipality of San Alberto, César administrative district.
20. (9) On 12 February 1999, in San Diego, César administrative district, the teachers Luis Peroza and Numael Vergel were murdered after having been kidnapped and tortured by unidentified armed groups. They were members of the César Association of Teachers.
21. (10) On 15 February 1999, Gilberto Tovar Escudero, official of the Workers' Union of Cartago municipality, Valle administrative district, was murdered.
22. (11) On 22 March, after having disappeared on 19 March, the trade union official Albeiro de Jesús Arce Velazquez was found dead in the river Cauca close to La Virginia municipality, Risaralda.
23. (12) Ricaurte Pérez Rengifo was kidnapped on 20 February in Medellín from the school where he taught and was found dead on 25 February on the outskirts of the city.
24. (13) The teacher Antonio Cerón Olarte del Hulla was murdered.
    • Attempted murders
25. (1) Gilberto Correño, leader of the Trade Union of Workers (USO), on 7 December 1996.
26. (2) César Blanco Moreno, president of the executive subcommittee of the Trade Union of Workers (USO), on 11 May 1998.
27. (3) On 5 April 1999, at 11 p.m. in Barranquilla, an attempt was made to murder three members of the national executive council of the Workers' Union of the Social Security Institute: Fernando Morales, now leader of the CUT, Alberto Pardo and Esaú Moreno.
    • Physical aggression and police repression
28. (1) Police repression against employees of public enterprises in Cartagena during a peaceful demonstration on 29 June 1995 (the Government reports that the Colombian authorities were not informed of the incident).
29. (2) A police assault, causing injuries, upon trade unionists César Castaño, Luis Alejandro Cruz Bernal and Martha Janeth Laguizamon, who were participating in an information day organized by the National Association of Transit Agents (ANDAT) on 6 January 1997.
30. (3) Mario Vergara and Heberto López, trade union officials of SITTELECOM, were brutally beaten by the police.
31. (4) On 13 October 1998, the police violently charged SITTELECOM workers, several of whom were injured.
32. (5) On 20 October 1998, in the city of Bogotá, on Carrera 7 between Calle 24 and Calle 27, riot police assaulted workers who were beginning a peaceful march to Plaza Bolívar, and on 22 October 1998, the police assaulted demonstrators who had gathered in Plaza Bolívar from all over the country.
    • Disappearances
33. (1) Jairo Navarro, trade unionist (6 June 1995).
34. (2) Rami Vaca, ECOPETROL union leader (27 October 1997).
35. (3) Misael Pinzón Granados, member of SINTRAINAGRO, kidnapped by persons believed to be members of the paramilitary forces in the municipality of Puerto Wilches, Santander, on 7 December 1997. According to information supplied by the DAS, it was found that the wife of the missing individual had submitted an appeal of habeas corpus to the judicial authorities after the case had been shelved for lack of evidence on which to proceed.
36. (4) Justiniano Herrera Escobar, working for the municipality of Antioquia, who formerly worked for Shellmar of Colombia, disappeared on 30 January 1999.
    • Detentions
      • -- On 8 October 1998, José Ignacio Reyes, SINTELECOM member.
      • -- On 16 October 1998, in the San Francisco area of Bolívar City, Orlando Rivera and Sandra Parra.
      • -- During the national strike on 31 August 1999, a large number of people were detained and the whereabouts of many of them are unknown (227 persons according to the information sent by the ICFTU and 300 according to the information provided by the CUT).
    • Unlawful imprisonment
      • -- Horacio Quintero and Osvaldo Blanco Ayala, workers, were detained in Tibú on 31 May 1999 by members of a self-defence group, who interrogated them to elicit whether they belonged to the Petroleum Industry Workers' Trade Union (USO). The workers declared that they only held membership. After death threats, they were released.
        • (j) In respect of the allegations concerning anti-union acts at the Andino, Citibank, Sudameris and Anglo Colombiano banking corporations, the Committee invites the complainants to explain the reasons for which they did not reply to the Government invitations.
        • (k) Regarding the allegations relating to violations of trade union and labour rights of trade union officials and workers of Brinks Colombia, the Committee, observing that these allegations were presented recently, requests the Government to send observations on the matter with all urgency.
        • (l) Concerning the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company, the Committee notes that the Government reports that: (1) a verdict was issued at second instance against Arnulfo Cruz Mora, upholding the rejection of the case against the company; (2) the case brought by Mr. Germán Bulla is at the documentary stage; (3) the case brought by Mr. Darío Ramirez was declared inadmissible because of defects. In these circumstances, the Committee requests the Government to keep it informed of the results of the cases brought by Germán Bulla and Darío Ramirez.
        • (m) With respect to the pending allegations in respect of which the Government has not sent information, concerning raids on headquarters, telephone tapping and surveillance of trade unionists at the premises of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive committee of the CUT-Atlántico in the city of Barranquilla, the Committee urges the Government without delay to communicate its observations regarding these incidents, to take urgent measures to have investigations carried out, and to keep it informed of all developments in this connection. (Specifically, the allegations concerned the following matters: (1) raiding of the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), tapping of the telephones of the trade union headquarters and the members and surveillance by armed persons of the president of FENSUAGRO, Luis Carlos Acero (the Government declares that this was not reported to the Colombian authorities); (2) on 6 February 1998, at 12.45, 15 individuals bearing weapons, exclusive to the armed forces, came to the premises of the executive subcommittee of the CUT-Atlántico in the centre of Barranquilla, broke in and pointed a revolver at Ms. Lydis Jaraba, member of the present national executive committee and the executive board of the subcommittee of the CUT-Atlántico. The individuals, who were not carrying any identification or search warrant, inspected all of the offices and then left (the Government reports that the Colombian authorities were not informed of the incident).)

B. New allegations by the complainants

1. 8. The ICFTU (communications of 2 and 23 March, 4, 7, 11 and 12 April, and 3, 4 and 18 May 2000), CUT (communications of 15 February and 19 May 2000), CTC (communication of 14 February 2000), USO (communication of 15 February 2000), ASODEFENSA (communication of 15 February 2000) and the General Confederation of Democratic Workers (CGTD) (communication of 18 April 2000) have presented new allegations.
2. 9. The ICFTU, the CUT and the CGTD allege the following acts of violence:
   • Murders
3. (1) César Herrera, treasurer of SINTRAINAGRO and former executive officer of the CUT.
4. (2) Jesús Orlando Crespo García, member of the departmental board of CUT-Valle and president of the Workers' Trade Union of the municipality of Bugalagran de Valle del Cauca, murdered on 31 January 2000.
5. (3) Guillermo Molina Trujillo, official of the Public Service Employers' and Workers' Trade Union, murdered on 1 March 2000 in Yarumal (north of Medellín).
6. (4) José Joaquín Ballestas García, president of the La Vereda Communal Action Board, murdered on 24 March 2000 in Ciénaga de Barbacoas (municipality of Ciénaga de Chucurí and Puerto Beccio).
7. (5) José Atamaco Fernández Quiñonez, member of the Workers' Trade Union of the Department of Antioquía, murdered on 29 March 2000 in the municipality of San Rafael in the eastern part of the department of Antioquía.
8. (6) Hernando Stevenis Vanegas, murdered on 24 March 2000 in La Rompida, municipality of Yondó, by a paramilitary unit that set up a base from 6. 30 a.m. to 3 p.m. barely ten minutes away from the Inland Waterways Base of Barrancabermejo.
9. (7) Julio César Jiménez, murdered on 16 March 2000 in San Tropel, municipality of Yondó, by a paramilitary unit.
10. (8) Aldemar Roa Córdoba, murdered on 26 March 2000 in San Rafael, municipality of Yondó, by a paramilitary unit.
11. (9) Jhon Jairo Duarte, whose body was found floating in the Magdalena river on 28 March 2000.
12. (10) Próspero Lagares, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC.
13. (11) Edison Bueno, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC.
14. (12) Diomedes Playonero Ortiz, member of the executive board of the Rural Workers' Association of Valle del Río Cimitarra (ACV), murdered on 31 March 2000 in the Playonero family's El Porvenir ranch by a paramilitary unit coming from the drug and cattle ranches of Puerto Berrío. The AVC states that: (1) in a radio broadcast on 4 April the paramilitary commander "Julián" said that he was in the city as part of a plan to take over Barrancabermejo, and (2) there is a state paramilitary plan to wipe out the rural workers, inhabitants and organizations of Magdalena Medio.
15. (13) Margarita María Pulgarín Trujillo, a member of ASONAL, murdered on 3 April 2000 in Medellín.
16. (14) Julio César Bethancurt, member of the Workers' Trade Union of the municipality of Yurubo, murdered on 3 April 2000.
17. (15) Islem de Jesús Quintero, member and General Secretary of the ATT, murdered on 5 April 2000 in Pereira, department of Risaralda.
18. (16) César Wilson Cortez, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 2 April 2000 in the municipality of Trinidad, department of Casanare.
19. (17) Rómulo Gamboa, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 8 April 2000 in the municipality of Trinidad, department of Casanare.
20. (18) Alejandro Avarez Isaza, unionist, murdered on 7 April 2000 in Argelia, Antioquia.
21. (19) Oscar Darío Zapata, delegate of the SINALTRADIHITEXCO executive board, murdered on 8 April 2000 in Girardota, Antioquia.
22. (20) Alberto Alvarez Macea, unionist, murdered on 8 April 2000, in Montería, capital of Córdoba.
23. (21) James Perez Chima, unionist, murdered on 10 April 2000.
24. (22) Milton Cañas, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja.
25. (23) Humberto Guerrero Porras, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja.
26. (24) Jimmy Acevedo, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000.
27. (25) Aníbal Bemberte, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000.
28. (26) Carmen Demilia Rivas, President of the National Association of Hospital and Clinic Workers, Cartago Section, of the Valle del Cavaz, on 17 May 2000 at the Corazón de Jesus Hospital.
    • Death threats
29. (1) Aníbal Meneses, president of the National Trade Union of Workers of the Spinning and Textiles Industry of Colombia (SINALTRAHIHITEXCO) and of the national executive board, threatened by the Industrial Front of the National Liberation Army.
30. (2) José Ricardo Toro Delgado, president of the National Association of Workers in Hospitals and Clinics (ANTHOC), threatened on 14 March 2000.
31. (3) The assistant-director of the Departmental Union of Health Workers of Cesar (SISDEC) threatened in the municipality of Aguachica.
    • Assault on demonstrators and detentions
32. (1) On 31 March 2000 anti-riot police broke into the premises of the Operations Centre of the Empresa de Acueducto de Bogotá to prevent workers belonging to the Workers' Trade Union of the Empresa de Acueducto from demonstrating. In the process the police manhandled the president of the trade union, Julio Beltrán, and the present president of the trade union, Abel Duarte, and arrested 11 workers.
33. (2) On 1 May 2000 in Medellin, the metropolitan police of the Valley of Aburrá advanced upon and arbitrarily detained 67 people participating in a commemoration march for International Labour Day. For their release, 24 of the detainees were obliged to sign a document acknowledging their responsibility for violent acts. To date, eight people are still detained, among them the trade union leader of the Departmental Association of Educators of Antioquia (ADIDA), Alberto Agueldo Rua.
34. 10. The CUT adds to its communication of 15 February 2000 a communication from the Colombian Teachers' Federation (FECODE) with a detailed list by name of teachers who have been murdered: 239 between 1987 and 1994; six in 1995; 52 in 1996; 35 in 1997; five in 1998; 27 in 1999. It also encloses a list of teachers who have been kidnapped and threatened. (The CUT has been asked to state whether the persons listed were union officials or members of a trade union and, if this is the case, to verify that the names have not already been included in previous lists.)
35. 11. The CTC alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured, and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the Brinks de Colombia SA company in order to induce the workers to resign from the CTC, as well as non-compliance with the collective agreement in force.
36. 12. The USO has sent information on the legal situation of trade union members and officials who had been arrested and regarding whom the Government had sent its observations. It further alleges the temporary detention of the national vice-president of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials.
37. 13. In a lengthy communication, ASODEFENSA alleges that its president, María Clara Baquero Sarmiento, and two of its officials and members have again received death threats and that, despite a request to the Government, they have not been granted protection. Moreover, ASODEFENSA alleges numerous acts of anti-union discrimination (transfers, refusal to grant time off for union activities) and interference by the authorities.
38. 14. The CGTD alleges the dismissal on 31 March 2000 of eight officers of the Union of Workers and Public Employees of the Arauca municipality (SINTREMAR).

C. The Government's reply

1. 15. In its communications dated 10 and 16 November 1999 the Government states, regarding the alleged occurrences in Brinks de Colombia SA, that the Public's Defence Council recently convened a meeting of the parties concerned (the company and the trade union) and the Coordinator of the Human Rights Office of the Ministry of Labour and Social Security to examine the allegations. At the meeting it was found that the trade union had not informed the Ministry, Public Prosecutor or Ministry of the Interior of its allegations. The representatives of the CTC further recognized that its vice-president, José Aníbal Quiroga and another official used the alleged threats against them to get the company to help them leave the country or, instead, pay them a large sum of money. In the end they opted for compensation. Other members of the trade union said that they had been threatened and had asked the company for firearms to defend themselves. To date, the Brinks de Colombia trade unionists have not lodged any official complaint regarding the threats. The Ministry of Labour and Social Security offered to act as intermediary in the collective dispute, at the request of the parties concerned, and to pass on the details of the alleged threats to the Committee for the Regulation and Evaluation of Risks, at the request of the trade union.
2. 16. Regarding Brinks de Colombia's alleged failure to respect the working day, the Government states that the Regional Director of Labour and Social Security of Cundinamarca ruled on 16 November 1998 that the working day imposed by the company complied with the provisions of its internal regulations. As to the alleged violation of the collective agreement, the Ministry of Labour asked the Regional Director of Labour to conduct an administrative inquiry into the matter. Finally, the Government states that an objective analysis of the problem suggests that labour relations in the company are inadequate and that at the heart of the matter lies a climate of mutual suspicion, but that at the beginning of February 2000 the Ministry of Labour and Social Security was asked to mediate a solution to the labour dispute and agreed to do so. Mediation will begin as soon as the parties concerned (company and trade union) indicate their willingness to resume special negotiation of the list of demands or to designate arbitrators so that the Ministry can convene an arbitration tribunal.
3. 17. In its communication dated 9 March 2000 the Government states that, at the request of the Ministry of Labour and Social Security, 25 special investigation subunits of the Office of the Public Prosecutor have been set up (decisions Nos. 300-325 of 26 June 1999, issued by the National Directorate of the Public Prosecutor) to examine the alleged violation of the human rights of the trade union members (decision No. 814 of 29 October 1999, issued by the National Directorate of the Public Prosecutor). Once the investigation subunits had been set up in the various sections of the Office of the Public Prosecutor throughout the country, the National Directorate of the Public Prosecutor asked them to submit information on developments every two months. The reports that have so far been received from the various sections of the Office of the Public Prosecutor provide details on the judicial status of some of the relevant files, most of which have been located and reopened.
4. 18. According to the chief of the National Human Rights Unit of the Office of the Public Prosecutor, "because the events under investigation occurred such a long time ago and because of the changes in legislation and mandate and the problem of tracing documents, finding the files has been a lengthy process. Most of them are more than five years old and there is no systematic data bank or reliable data on criminal offences in the country. Nevertheless, the Prosecutor-General has been most diligent in pursuing the investigations through the special units set up for the purpose".
5. 19. The Government adds that, in order to facilitate the work of the National Human Rights Unit of the Office of the Public Prosecutor and of the special investigations subunits, the Ministry of Labour and Social Security seconded to the national unit members of its senior staff responsible for registering murders and disappearances in connection with Case No. 1787 of the Committee on Freedom of Association - which also appear in the data bank of the Ministry's Office of Human Rights where they are being followed up.
6. 20. Thanks to the efforts of the Office of the Public Prosecutor, reports have been received on the appointment of special prosecutors for the following files under Case No. 1787:
   • Odulfo Zambrano López, file No. 9410: "By decision of 13 January 2000, the Coordinator of Penal Justice Prosecutors of the Specialized Circuit in the city of Pasto is commissioned to grant a hearing to Walberto Jiménez, who is employed in the same city in infantry battalion No. 9 'Batalla de Boyacá'. The Directorate of the Technical Investigation Body (CTI) (Endnote 1) of Barranquilla has likewise been commissioned to use its intelligence network to locate the whereabouts of Wilex del Rosario Rodríguez Gutiérrez and Miguel Velandia González."
   • Esaú Moreno Martínez, file No. 12280: "By decision of 12 January 2000, María Cervantes, Carmen Cecilla Maestre Luque, Ramón Serje, María Ariza and police officer Castillo have been ordered to make sworn statements. The CTI has been commissioned to establish the correct names of a number of persons apparently involved in penal proceedings who are employees of the social security system."
   • Aurelio de Jesús Arbeláez (or Peláez), file No. 1902, which had been filed by virtue of section 326 of the Penal Code: "By decision of 4 January of the present year the investigation has been reopened. An analysis of the file has made it possible to establish that the persons possibly responsible for his death were members of paramilitary groups in which persons known under the aliases of 'El Filósofo' and 'El Zarco', who have been committing selective murders since January 1997 in Segovia, operate in Puerto Berrío and Yondó."
   • Hector de Jesús Gómez Cortés, file No. 2056: "By decision of 4 January of the present year the investigation, which had been suspended on 30 January last year, has been reopened. The CTI has been ordered to produce the findings of its investigators in accordance with the orders of the then prosecutor, in order to determine the perpetrators and motives of the murder."
   • Luis David Alvarado (mistakenly listed as Alvaro David), file No. 4134: "By decision of 14 December of the immediately preceding year the investigation, which had been suspended since 5 December 1996, has been reopened. On 15 January of the present year the CTI received orders to compile new data in order to clarify the circumstances of this murder."
   • Arturo Moreno López, file No. 3710: "By decision of 14 December of the immediately preceding year the investigation, which had been suspended since 7 November 1996, has been reopened."
   • José Guillermo Asprilla Torres, file No. 4969: "Likewise, by decision of 14 December 1999 the investigation, which had been suspended since 9 June 1999, has been reopened."
   • Luis Abel León Villa (mistakenly listed as Luis Abel Villa León), file No. 896: "According to information received from the local unit of the Office of the Public Prosecutor located in Amagá, the staff of the CTI received orders on 14 August 1997 but were unable to provide any positive information in their report. Moreover, their inquiries showed that Luis Abel León Villa did not belong to any trade union formation. The preliminary investigation was suspended on 6 May 1998 and temporarily shelved."
   • Fabio Humberto Burbano Córdoba, file No. 16318: "The investigation is in its preliminary stages. The latest development was the issue of decision No. 019 of 24 May 1999 calling for evidence, including the hearing of a number of INPEC guards and the urgent submission to the investigation unit of the evidence called for earlier."
   • Jesús Arley Escobar, file No. 17438 (shown as No. 104995): "Guard and member of the INPEC trade union. A decision of 18 January of the present year ordered the submission of evidence previously requested; specifically, the CTI was requested to submit immediately mission file No. 054 of 27 August 1998 and a new mission was ordered to hear statements from guards at the Villa Hermosa prison and Palmira penitentiary. A judicial inspection was ordered by virtue of decision No. 16318."
   • Libardo Antonio Acevedo, file No. 12873: "Served as president of the Regional Free Workers' Trade Union Federation of Valle del Cauca (FESTRALVA). By decision of 11 May 1998 the investigation was suspended and shelved. The file has been requested from the Archive Section of the Joint Secretariat and is to be reopened."
   • Cesar Herrera. The responsibility of his murder attributed to the FARC, which had condemned him to death. His trade union had not asked the Committee for the Regulation and Evaluation of Risks for any protection for this trade union official.
   • Jesús Orlando Crespo García. No request for protection was made for this trade union official. Information on the investigation is being awaited from the Public Prosecutor.
   • The Government encloses a document from the Ministry of the Interior on arrangements for the protection of trade union leaders which shows that, as requested by the Committee, the following trade union officials and boards have been granted protection: officials of the National Agricultural Single Trade Union Federation (FENSUAGRO) and the Workers' Trade Union of the municipality of Cartago; two CUT officials, Jesús Antonio González Luna and Domingo Tovar Arrieta; members of the Colombian Board of Jurists of the José Alvear Restrepo Lawyers Collective; María Clara Baquero of ASODEFENSA; and José Aníbal Quiroga, vice-president of the National Board of SINTRABRINKS.
7. 21. Finally, in its communications dated 9 March and 9, 15 and 19 May 2000, the Government sent its response to the recommendations adopted by the Committee at its November 1999 meeting on alleged violence against trade union officials and members and other anti-union practices listed in the annex to this document.

D. The Committee's conclusions

1. 22. The Committee observes that the allegations pending in the present case relate mainly to acts of violence (murders, disappearances, kidnappings, physical aggression, death threats, detentions) against trade union officials and members from 1995 until recently, as well as the searching of union headquarters and anti-union dismissals.
2. 23. In the first place, the Committee notes that a direct contacts mission visited the country from 7 to 16 February 2000. It wishes to thank Mr. Mesquita Barros and Mr. Pérez Pérez for their mission report.
   • Violence against trade union officials and members
3. 24. The Committee notes the conclusions reached by the direct contacts mission on the alleged acts of violence against trade union officials and members. In particular, the Committee notes with concern the mission's statement that:
   • The scale of murders, kidnappings, death threats and other violent acts against trade union officials and members is unprecedented in Colombia's history. The Government and trade union confederations (CUT, CGDT and CTC) have provided widely divergent figures for the number of victims during the period 1991-99 and it is important that these divergences be clarified. That said, the figures are extremely alarming. (Endnote 2)
   • The Committee requests the Government to take appropriate steps, possibly by convening a working group of independent representatives accepted by both parties, to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years and to keep it informed of its findings.
4. 25. The Committee further notes that there is an extraordinarily widespread and complex climate of violence in the country that causes thousands of victims every year and that the violence affects other categories as well as trade union officials and members. Regarding the perpetrators of violence against union leaders, the Committee notes from the mission report that "the vast majority of violations are committed by the paramilitary, to a much lesser extent by the guerrillas and in some cases by the armed forces. Nevertheless, quite often the perpetrators are neither known nor whether they belong to an armed group. Moreover, regarding the participation of public officials (especially of officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails, the Committee notes the mission's statement that:
   • It is, however, very serious that no thorough global investigation at the institutional level has yet been undertaken against these practices with a view to imposing sanctions, and that no radical and systematic measures have been taken to break up the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers; in the mission's opinion such measures are absolutely necessary and urgent - especially in the case of the United Self-Defence Units of Colombia whose dismantling shows no sign of any real progress.
   • The Committee therefore requests the Government urgently to take measures in this respect. The Committee recalls 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" and 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, paras. 46 and 47).
5. 26. Regarding the protection of trade union officials, the Committee notes with interest that the mission's statement that:
   • The Government has devoted considerable human and financial resources to a programme of protection for advocates of human rights that has been extended to a number of trade union officials. This programme takes the form of security systems and escorts for union officials who have been threatened (52 escorts for 41 officials and 46 escorts for 21 trade union headquarters), (Endnote 3) protective barriers around trade union headquarters (41), access to economic assistance and transfer abroad, etc., with a budget of 8,000 million pesos (over US$4 million).
   • The Committee further observes that the mission's statement that, "although these measures have most likely prevented murders, they are judged by the trade union organizations to be insufficient" and that "the budget allocated should in any case be substantially increased and additional measures envisaged in consultation with the trade union organizations". The Committee requests the Government to take steps to have the budget allocation increased and, in consultation with the trade union organizations, to adopt additional measures to protect the life of trade union officials who have been threatened.
6. 27. The Committee observes that the mission emphasizes that:
   • Although the reasons cannot be accurately ascertained, there has been a very substantial reduction in the number of union officials and members who have been assassinated in 1998 and 1999 compared with 1996 and 1997, (Endnote 4) but murders continue to occur regularly; for example, between November 1999 (when the case was last examined by the Committee on Freedom of Association) and the end of the mission on 16 February 2000 the Committee was informed of the murder of two union officials and several union members. There has, however, been a very considerable increase in death threats which have reached the hundreds, as well as an increase in the number of temporary kidnappings of union leaders and members, for the most part by self-defence groups and especially guerrilla organizations. There have also been attacks on trade union headquarters, and detentions, though no disappearances were reported in 1999. It is difficult to know whether this trend in the number of murders is likely to continue.
7. 28. The Committee observes that, since the two murders of union officials between November 1999 and February 2000 that are referred to in the mission's report, the complainant organizations have reported the murder of five more trade union officials and 19 union members, death threats against union officials and physical aggression against demonstrators. The Committee expresses its grave concern at the allegations contained in the latest communications from the complainant organizations and requests the Government to take immediate steps to initiate inquiries in order to clarify these instances of violence and to sanction those responsible and to communicate to it its observations on the matter.
   • Allegations concerning violent acts that were pending from the November 1999 meeting
8. 29. Regarding the alleged acts of violence against trade union officials and members (murders, disappearances, physical aggression, kidnappings and death threats) which the Government had announced that it was investigating, and the allegations that were still pending at the end of its previous examination of the case, the Committee notes the Government's statement that it has ordered inquiries into all the allegations (see annex). The Committee requests the Government to keep it informed of the findings of all the inquiries currently under way.
9. 30. However, although the Government states that inquiries have been initiated into the allegations in this case, the Committee regrets that in only three instances have the persons responsible for the murders been arrested and that only in ten cases a formal invetsigation has been opened linked to the murders of unionists. On the question of impunity, the Committee notes the direct contacts mission's statement that:
   • Without disregarding the numerous measures that have been adopted by the authorities to combat impunity in general, the alarming fact is that, as far as identifying the material and moral perpetrators of the murders of union officials and members, the outcome of the procedures in terms of convictions is virtually nil. Only in exceptional cases have the events been clarified, the guilty parties identified and the full rigour of the law applied, as is apparent from the information supplied by the Public Prosecutor on 105 cases before the Committee on Freedom of Association that have been investigated. To this must be added the slow progress and excessive delays in many of the judicial proceedings and the lack of public confidence in the judicial system. Although the mission is fully aware that the persons responsible for the violence employ irregular war techniques, operate secretly, resort to selective attacks and have all kinds of resources at their disposal, considerably more effort must be made to combat the extremely serious and intolerable situation of impunity which is one of the main reasons for the violence.
   • The Committee recalls that:
   • In the event that judicial investigations into the murder and disappearance of trade unionists are rarely successful, the Committee has considered it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and has pointed out that such a situation means that, in practice, the guilty parties enjoy impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights,
   • and 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., paras. 54 and 55). In these circumstances, the Committee wishes to express its grave concern at the situation of impunity and requests the Government to make additional efforts of a substantial nature against the serious and intolerable situations of impunity and to keep it informed of developments.
10. 31. Regarding the alleged death threats against (1) members of the executive board of the Titán SA workers' trade union of the municipality of Yumbo, (2) members of the executive board of the South Bolivár Agricultural and Mining Workers' Association, (3) Oscar Arturo Orozco and Hernán de Jesús Ortiz, (4) Wilson García Quiceno, (5) Henry Ocampo, (6) Sergio Díaz, (7) Fernando Cardona, (8) Aguirre Restrepo Oscar, (9) Arrango Alvaro Alberto, (10) Varrio Castaño Horacio, (11) Franco Jorge Humberto, (12) Giraldo Héctor de Jesús, (13) Gutiérrez Jairo Humberto, (14) Restrepo Luis Norberto, and (15) Jorge Eliécer Marín Trujillo, the Committee urges the Government to provide the necessary protection for these trade union leaders and stresses the need for all these threats to be reported to the Public Prosecutor. In addition, the Committee requests the Government to keep it informed of the outcome of the inquiries into the disappearances of Alexander Cardona (14 June 1998) and Mario Jiménez (27 July 1998).
11. 32. The Committee notes that the Government has assigned the cases of the raiding of the headquarters of the Executive Committee of the CUT-Atlántico and the aggression of a trade unionist to the Prosecutor's office to carry out an inquiry. The Committee requests the Government to keep it informed in this regard. With regard to the raiding of the premises of the FENSUAGRO and the surveillance of its President by the armed forces, the Committee notes that these allegations have not been reported to the authorities. The Committee requests the Government to ensure that an inquiry is established and to keep it informed in this regard.
    • Other allegations
12. 33. Regarding the allegations of anti-union discrimination in the Andino Citibank, Sudameris and Anglo Colombiano banks that were still pending, the Committee observes that the complainant organizations have not sent it the observations it had requested on the subject. In these circumstances, the Committee does not intend to pursue its examination of these allegations any further.
13. 34. Regarding the alleged violation of trade union and labour rights of trade union officials and workers of Brinks de Colombia SA (the complainants alleged that the working day had been increased in violation of the company's internal regulations), the Committee notes the Government's statement that: (1) the Regional Director of Labour and Social Security of Cundinamarca ruled on 16 November 1998 noting that the working day imposed by the company complied with the provisions of its internal regulations; (2) an administrative inquiry has been ordered into the possible violation of the collective agreement; and (3) at the beginning of February 2000 the Ministry of Labour and Social Security was asked to mediate a solution to the labour dispute and agreed to do so. In these circumstances, the Committee asks the Government to keep it informed of the outcome of the administrative inquiry into the possible violation of the collective agreement.
14. 35. Regarding the court proceedings concerning dismissals in the Textilia Ltda. company initiated by Germán Bulla and Darío Ramírez, on which no judgement has yet been handed down, the Committee notes the Government's assurances that it will be informed of the judgements as soon as they have been handed down. In these circumstances, the Committee expects that the judicial authorities will hand down their judgements in the near future and requests the Government to communicate to it the final outcome of the said proceedings.
    • New allegations
15. 36. Finally, the Committee requests the Government to communicate its observations without delay on all the new allegations recently presented by the ICFTU, the CUT, the CTC, the CGTD, the USO and ASODEFENSA.

Response to the recommendations made by the Committee at its November 1999

1. meeting [see 319th Report, para. 116]
2. Subparagraph (a)
3. Murders
4. =================================================================
5. Name
6. Date Place Trade union Presumed
7. organization perpetrators
8. =================================================================
9. Antonio Moreno Asprilla 1
10. 12.08.95 Antioquia Sintrainagro Self-defence groups
11. Observations:
12. Prosecutor's Office, Medellín: File No.18542 (apparently for
13. being a guerrillero). Involved: Over Silgado and others
14. Manuel Ballesta Alvarez 2 13.08.95 Antioquia Sintrainagro Self-defence
15. groups
16. Observations: Specialist judge, Medellín: File No.18542
17. (apparently for being a guerrillero or guerrilla auxilary)
18. Francisco Mosquera C.
19. 05.02.96 Antioquia Sintramdarien Not indicated
20. Observations: Prosecutor's Office, Quibdó, "collecting evidence"
21. Carlos Antonio Arroyo
22. 05.02.96 Antioquia Sintramdarien Not indicated
23. Observations: Prosecutor's Office, Medellín:
24. File No. 23050 - "preliminary stage"
25. Francisco Antonio Usuga
26. 23.02.96 Antioquia Sintrainagro People's committees
27. Observations: Prosecutor's Office, Medellín: File No. 1813
28. Pedro Luis Bermúdez J.
29. 06.06.95 Antioquia Sintrainagro Self-defence groups
30. Observations: Prosecutor's Office, Medellín:
31. File No. 1406 - "collecting evidence"
32. Armando Humanes Petro 3
33. 23.05.96 Córdoba Fecode Self-defence groups
34. Observations:
35. Prosecutor's Office, Medellín: File No. 22837. Involved: Rafael
36. Kerguelen and Carlos Castaño Gil. Special Unit of Montería
37. William Gustavo Jaimes T.
38. 28.08.95 Not indicated Anuc-campesino Not indicated
39. Observations: Prosecutor's Office, Bogotá: File No. 237279
40. - "preliminary stage". There was no link to trade unionism
41. Jaime Eliécer Ojeda
42. 23.05.94 N.Santander Sintraminobras Self-defence groups
43. Observations:
44. Prosecutor's Office, Cúcuta: File No. 2485 -s. 326, CPP
45. Alfonso Noguera Cano
46. 04.11.94 N.Santander Sintramunicipio Not indicated
47. Observations: Prosecutor's Office, Cúcuta:
48. File No. 7970 -"collecting evidence". The presumed author retracted
49. Alvaro Hoyos Pabón
50. 12.12.95 Valle Sintratitan Self-defence groups
51. Observations:
52. Prosecutor's Office, Yumbo: File No. 527, s. 326, CPP
53. Néstor Eduardo Galindo 4
54. 03.07.97 Valle Anthoc-Yumbo Self-inflicted
55. Observations: Prosecutor's Office, Cali:
56. File No. 79856. Links with FARC - handling explosives
57. Erieleth Barón Daza
58. 03.05.97 Valle Not indicated Not indicated
59. Observations:
60. Prosecutor's Office, Cali: File No. 104995 - "preliminary stage"
61. Jhon Freddy Arboleda A.
62. 03.07.97 Antioquia Fensuagro Not indicated
63. Observations:
64. Prosecutor's Office, Medellín: File No. 817 - "preliminary stage"
65. William Alonso Suárez Gil
66. 03.07.97 Antioquia Fensuagro Not indicated
67. Observations: Prosecutor's Office, Medellín: "preliminary stage"
68. Eladio de Jesús Chaverra R.
69. 03.07.97 Antioquia Fensuagro Not indicated
70. Observations: Prosecutor's Office, Medellín:
71. File No. 817 - "collecting evidence"
72. Luis Carlos Muñoz Z.
73. 03.07.97 Antioquia Sintramunicipio Not indicated
74. Observations: Prosecutor's Office, Medellín:
75. File No. 98926 - "preliminary stage"
76. Nazareno de Jesús Rivera G.
77. 03.12.97 Antioquia Sintrafronmines Not indicated
78. Observations: Military Penal Court
79. Héctor de Jesús Gómez C.
80. 22.03.97 Antioquia Not indicated Not indicated
81. Observations: Prosecutor's Office, Segovia: File No. 2056.
82. Investigation reopened on 4 Jan. 2000
83. Gilberto Casas Arboleda
84. 11.02.97 Antioquia Sintrainagro Self-defence groups
85. Observations: Prosecutor's Office, Medellín:
86. File No. 22858 - "preliminary stage"
87. Norberto Casas Arboleda
88. 11.02.97 Antioquia Fensuagro Self-defence groups
89. Observations: Prosecutor's Office, Medellín:
90. File No. 22858 - "preliminary stage". Special prosecutor
91. Alcides de Jesús Palacios C.
92. 11.02.97 Antioquia Fensuagro Self-defence groups
93. Observations: Prosecutor's Office, Medellín:
94. File No. 22858 - "preliminary stage". Special prosecutor
95. Argiro de Jesús Betancur 5
96. 11.02.97 Antioquia Fensuagro Self-defence groups
97. Observations: Prosecutor's Office, Medellín:
98. File No. 22858 - "preliminary stage". Special prosecutor
99. José Isidoro Leyton M.
100. 22.03.97 Tolima CGTD-Tolima Delinquents
101. Observations: Prosecutor's Office, Bogotá:
102. File No. 7311. One person arrested
103. Eduardo Enrique Ramos M.
104. 14.07.97 Antioquia Sintrainagro Not indicated
105. Observations: Prosecutor's Office, Apartadó: File No. 4960
106. Libardo Cuéllar Navia
107. 23.07.97 Huila Fecode Delinquents
108. Observations: Penal Court 2 of Pitalito, Huila - motive:
109. car theft/four persons have been cleared
110. Wenceslao Varela T.
111. 19.07.97 Bolívar Fecode Not indicated
112. Observations: Prosecutor's Office, 25, Mompox: File No. 396
113. Abraham Figueroa Bolaños
114. 25.07.97 Caquetá Fecode Self-defence groups
115. Observations: Prosecutor's Office, Human Rights Unit:
116. File No. 253 (worked with indigenous peoples)
117. Edgar Camacho Bolaños
118. 25.07.97 Caquetá Fecode Self-defence groups
119. Observations: Prosecutor's Office, Human Rights Unit:
120. File No. 251 (worked with indigenous peoples)
121. Félix Antonio Avilés A. 6
122. 01.12.97 Córdoba Fecode Self-defence groups
123. Observations: Prosecutor's Office, Medellín: File No. 24365
124. (apparently perpetrator of attacks on FUNPAZCOR and GANACOR)
125. Juan Camacho Herrera
126. 25.04.97 Bolívar Sindicato minero Not indicated
127. Observations: Prosecutor's Office, Human Rights Unit.
128. Arrest warrant issued for 2 persons
129. Luis Orlando Camacho G.
130. 20.07.97 Cesar Not affiliated Not indicated
131. Observations: Prosecutor's Office, Aguachica:
132. File No. 4750 - s. 326 CPP
133. Hernando Cuadros M.
134. 1994 N.Santander Uso-Tibú Guerrilla-EPL
135. Observations: Prosecutor's Office, Cúcuta: File No. 9364 -
136. "preliminary stage". The Attorney-General began an inquiry
137. because of allegations of involvement of the National Police
138. in this murder. The inquiry was archived in April 1997. Before
139. specialized judges, a public prosecutor stated that there was
140. evidence linking this murder to the subversive group, the EPL
141. Freddy Francisco Fuentes 7
142. 18.07.97 Córdoba Fecode Guerrilla-ELN
143. Observations: Prosecutor's Office, Human Rights Unit: File
144. No. 245. The Attorney-General began an inquiry to show the link
145. between this murder and state agents. The inquiry was archived
146. Víctor Julio Garzón H.
147. 07.03.97 Bogotá Fensuagro Self-defence groups
148. Observations: Prosecutor's Office, Human Rights Unit:
149. File No. 232 - "preliminary stage"
150. Isidro Segundo Gil Gil
151. 03.12.96 Not indicated Sinaltrainal Not indicated
152. Observations: Prosecutor's Office, Human Rights Unit:
153. File No. 164 - "under inquiry"
154. José Silvio Gómez
155. 01.04.96 Antioquia Sintrainagro Self-defence groups
156. Observations: Prosecutor's Office, Chigorodó:
157. File No. 1850 - "preliminary stage"
158. Enoc Mendoza Riasco
159. 04.07.97 Magdalena Fecode Guerrilla
160. Observations: Special delegation to the Prosecutor of Ciénaga
161. Luis Orlando Quiceno López
162. 16.07.97 Antioquia Sutimac Self-defense groups
163. of Urabá
164. Observations: Prosecutor's Office, Santa Bárbara:
165. File No. 667 - "preliminary stage"
166. Arnold Sánchez Maza 8
167. 13.07.97 Córdoba Fecode Self-defence groups
168. Observations: Specialist Prosecutor of Montería Prosecutor's
169. Office. Murder motive: membership in the ELN
170. Camilo Eliécer Suárez Ariza
171. 21.07.97 Magdalena Fensuagro Self-defence groups
172. Observations: Prosecutor's Office, Santa Marta, and Regional
173. Office of Barranquilla: File No. 524/8988.
174. Assigned to a special prosecutor
175. Mauricio Tapias Llerena
176. 21.07.97 Magdalena Fensuagro Self-defence groups
177. Observations: Prosecutor's Office, Santa Marta, and Regional
178. Office, Barranquilla: File No. 524/8988.
179. Assigned to a special prosecutor
180. Atilio José Vásquez Suárez
181. 28.07.97 Bolívar FecodeE Not indicated
182. Observations: Prosecutor's Office, Barranquilla:
183. File No. 8578 (rector - kidnapped for extortion)
184. Odulfo Zambrano López
185. 27.10.97 Atlántico Sintraelecol Self-defence groups
186. Observations: Prosecutor's Office, Barranquilla: File No. 9410
187. Alvaro José Taborda A. 9
188. 08.01.97 Córdoba Fecode Self-defence groups
189. Observations: Prosecutor's Office, Human Rights Unit:
190. File No. 184/609
191. Elkin Clavijo
192. 30.11.97 Antioquia Sintraporce Guerrilla-ELN
193. Observations: Prosecutor's Office, Nacional: File No. 25110
194. Alfonso Niño
195. 30.11.97 Antioquia Sintraporce Guerrilla-ELN
196. Observations: Prosecutor's Office, Nacional:
197. File No. 369 - "preliminary stage"
198. Luis Emilio Puerta Orrego
199. 22.11.97 Antioquia Sintraporce Guerrilla-ELN
200. Observations: Prosecutor's National Human Rights Unit
201. Fabio Humberto Burbano C.
202. 12.01.98 Cauca Aseinpec-Cali Self-defence groups
203. Observations: Prosecutor's Office, Cali:
204. File No. 16318 - "collecting evidence"
205. Osfanol Torres Cárdenas
206. 31.01.96 Antioquia Sintraempúblicas Self-defence groups
207. Observations: Prosecutor's Office, Medellín:
208. File No. 165069, s. 326 CPP
209. Fernando Triana
210. 31.01.98 Antioquia Fenaltrase-Ant. Self-defence groups
211. Observations: Prosecutor's Office: verification
212. Francisco Hurtado Cabezas
213. 12.02.98 Nariño Festracol Not indicated
214. Observations: Prosecutor's Office, Human Rights Unit:
215. File No. 511, s. 326 CPP
216. Misael Díaz Urzola
217. 26.05.98 Córdoba Feduniversitarios Not indicated
218. Observations: Prosecutor's National Human Rights Unit
219. Sabas Domingo Socadagui
220. 03.06.97 Arauca Not indicated Not indicated
221. Observations: Special DAS Unit: File No. 2533
222. (apparently a crime of passion - homosexual relations)
223. Jesús Arley Escobar P.
224. 18.07.97 Valle Aseinpec Not indicated
225. Observations: Prosecutor's Office, Cali: File No. 104995
226. José Raúl Giraldo H.
227. 25.11.97 Antioquia Sindicons Self-defence groups
228. Observations: Prosecutor's Office, Medellín:
229. File No. 160872, s. 326 CPP
230. Bernardo Orrego Orrego
231. 06.03.97 Antioquia A. Vendedores Police
232. Observations: Polinal Medellín: File No. 751.
233. Police officer arrested
234. Eduardo Umaña Mendoza 10
235. 18.04.98 Bogotá No connection with Hired assassins
236. trade union movement.
237. Independent criminal lawyer
238. Observations: Prosecutor's Office: File No. 346. Inquiry in
239. progress; six persons arrested. The apparent perpetrator was
240. recently extradited from Spain
241. =================================================================
242. Notes:
243. 1 Antonio Moreno Asprilla, murdered in Chigorodó on 12 August 1995. According
244. to the Prosecutor's Office of Medellín, the perpetrators were five members of
245. a self-defence group. Motive: "apparently for being a guerrillero". File No.
246. 18542.
247. 2 Manuel Ballesta Álvarez. File No. 18542 being handled by a specialist judge.
248. Motive: "apparently for being a guerrillero or guerrilla auxillery".
249. 3 Armando José Humanes Petro, teacher, murdered on 23 May 1996; managed the
250. teachers' housing cooperative. According to the report of the Police
251. Department of Córdoba - Judicial Police and Investigations Section, Humanes
252. Petro "was a member of the urban structure of the EPL". Rafael Gerguelen
253. (currently under arrest) and Carlos Castaño Gil, members of a self-defence
254. group, have been linked with this crime and charged accordingly.
255. 4 Néstor Eduardo Galindo. According to a recent report of the Prosecutor's
256. Office of Cali, he caused his own death while handling explosives. Had links
257. with the FARC-EP guerrilla movement.
258. 5 Argiro de Jesús Betancur E. Linked to an indictment for rioting brought by
259. the Terrorism Unit of the Prosecutor's Office. File No. 2788 of 1996. Accused
260. of "active participation in subversion".
261. 6 Félix Antonio Avilés Arroyo, murdered on 1 December 1997. A member of the
262. M-19. His murder is claimed by a self-defence group, ostensibly for his
263. participation in terrorist attacks in Montería. The investigation is being
264. conducted by the Specialist Prosecutor's Office of Montería (Police Department
265. of Córdoba - Judicial Police and Investigation Section).
266. 7 Freddy Francisco Fuentes Paternina, teacher. According to reports from the
267. Police Department of Córdoba - Judicial Police and Investigation Section, "he
268. was a member of the guerrilla group Corriente de Renovación Socialista".
269. According to a public statement by the guerrilla organization known as the
270. National Liberation Army (ELN), he was the subject of a political trial for
271. embezzlement of funds belonging to the "Astolfo Gonzáles" Front that he had
272. been entrusted with to carry out terrorist acts against political leaders and
273. public corporation candidates. Fuentes Paternina was known in the "Astolfo
274. Gonzáles" Front as "el Docto"; he was a member of the Tactical-Military
275. Committee and of the ELN urban militias in Montería.
276. 8 Arnold Enrique Sánchez Maza, kidnapped from his home by persons travelling
277. in a van on 13 July 1997 and subsequently murdered. Hypothesis: paramilitary
278. groups. Motive: member of the ELN's "Astolfo Gonzáles" Front. At the time of
279. his murder, Sánchez Maza was unemployed and was not a member of the teaching
280. profession (Police Department of Córdoba - Judicial Police and Investigation
281. Section).
282. 9 Alvaro José Taborda Alvarez, teacher, murdered on 8 January 1997. According
283. to a police report, the self-defence groups claimed responsibility for the
284. murder in a communiqué issued in Montería, accusing him - along with others -
285. of responsibility for the terrorist attacks against the headquarters of
286. FUNPAZCOR and GANACOR (POLINAL).
287. 10 José Eduardo Umaña Mendoza, lawyer, murdered in Bogotá on 18 April 1998.
288. The investigation of the Prosecutor's Office, under File No. 346, is currently
289. in process. Six persons linked to the crime are in preventive detention. A man
290. who was apparently the perpetrator of the crime was recently extradited from
291. Spain. Umaña Mendoza was the defence lawyer for a group of USO union members
292. who were under arrest for crimes unconnected with their trade union activities
293. (rioting and terrorism). He was neither a member nor an official of a trade
294. union.
295. =================================================================
296. Disappearances
297. - Rodrigo Rodriguez Sierra. Disappeared on 16 February 1995. President of
298. SINTRAPROACEITES. Accused: member of the National Police. The Attorney-General
299. undertook an investigation which was archived in February 1997.
300. - Ramón Alberto Osorio Beltran. Disappeared on 13 May 1997. The
301. Attorney-General ordered the opening of the preliminary inquiry on 15 August
302. 1997.
303. Subparagraph (b)
304. Murders and attempted murders
305. =================================================================
306. Name
307. Date Place Trade union Presumed
308. organization perpetrators
309. =================================================================
310. Murders
311. José Vicente Rincón 1
312. 07.01.98 Santander Sintrafercol Guerrilla-ELN
313. Observations: Prosecutor's Office, 1a, Barrancabermeja:
314. File No. 12371, s. 326, CPP
315. Jorge Boada Palencia 2
316. 18.04.98 Bogotá Aseinpec Not indicated
317. Observations: National Prosecutor's Office, Human Resources Unit:
318. File No. 353, "currently in process"
319. Jorge Duarte Chávez 3
320. 09.05.98 Santander USO Not indicated
321. Observations: Prosecutor's Office, 8a, Barrancabermeja:
322. File No. 13205
323. Carlos Rodríguez M. 4
324. 10.05.98 Atlántico USO Not indicated
325. Observations: Prosecutor's Office, Barranquilla
326. Arcángel Rubio Ramírez 5
327. 08.01.98 Cundina-marca Sittelecom Not indicated
328. Observations: Prosecutor's Office, Fusagasugá:
329. File No. 4825, s. 326, CPP (motive: apparently car theft)
330. Orfa Lígia Mejia
331. 07.10.98 Nariño Fecode Not indicated
332. Observations: Prosecutor's Office, 22, Ipiales: File No. 330
333. Macario Herrera Villota
334. 25.10.98 Huila Fecode Delinquents
335. Observations: Prosecutor's Office, Neiva: File No. 1664
336. (motive: theft of a taxi)
337. Víctor Eloy Mieles Ospino and Rosa Ramírez 6
338. 22.07.99 Cesar None Self-defence groups
339. Observations: Prosecutor's Office: in the process of collecting
340. evidence. Neither he nor his wife was involved with any trade union
341. movement
342. Attempted murders
343. Virgilio Ochoa
344. 16.10.98 Santander Sintracuenponal Not indicated
345. Observations: Prosecutor's Office, collecting evidence
346. Eugeniano Sánchez
347. 16.10.98 Santander Sintracuenponal Not indicated
348. Observations: Prosecutor's Office, collecting evidence
349. Benito Rueda Villamizar
350. 16.10.98 Santander Sintracuenponal Not indicated
351. Observations: Prosecutor's Office, collecting evidence
352. =================================================================
353. Notes:
354. 1 José Vicente Rincón. The General Inspectorate - Human Rights Group of the
355. National Police, state that their inquiries have established that the
356. perpetrators of the crime are known under the aliases of "Pepe", "Chuzo" and
357. "Petete" and are active members of the ELN urban militias operating in the
358. north-west sector of Barrancabermeja (POLINAL).
359. 2 Jorge Boada Palencia, INPEC union official, murdered on 18 April 1998.
360. Murder perpetrated by Hugo Toro Restrepo, alias "Bochica" (POLINAL).
361. 3 Jorge Duarte Chávez, murdered in Barrancabermeja on 9 May 1998. Intelligence
362. sources indicate that the crime was committed by persons operating under the
363. aliases of "Andrés", "Walfran" and "Ramón" or "Ramiro", members of the ELN
364. people's militias (POLINAL).
365. 4 Carlos Rodríguez Márquez, murdered in Barranquilla on 10 May 1998. According
366. to POLINAL sources, he was murdered for reasons connected with personal or
367. family problems, as is apparent from statements by the children of his
368. companion.
369. 5 Arcángel Rubio Ramírez Giraldo, member of the Telecom trade union, murdered
370. in the municipality of Venecia, Cundinamarca. Investigations conducted by the
371. Sectional Prosecutor's Office under File No. 4825, Fiscal 05. Statements have
372. been taken from María Cenelia Zuluaga, Luis Alfredo Ríos, Benigno Vela,
373. Guillermo León Pérez, Rosalba González, Miguel Fernández and José Evert
374. Rodríguez. According to the investigation being conducted by the Police
375. Department of Dundinamarca - National Police Section, "an analysis of events
376. suggests that the crime may have been committed by a gang of car thieves
377. since, in addition to the loss of a blue Chevrolet Samurai (registration
378. number MQC 136), other belongings of the victim such as a gold chain, cellular
379. phone, magnetic telephone belonging to Telecom, BCH credit card, various tools
380. from the car and from Telecom, etc., were also taken".
381. 6 Victor Eloy Mieles Ospino and Rosa Ramírez, murdered in 1999. Mieles Ospino
382. had had to leave the country after being threatened, apparently by
383. self-defence groups. Shortly after his return to the country he resigned from
384. CICOLAC and settled in another area from where he had been threatened. It is
385. not known why he returned to the area he had left, where he was unfortunately
386. murdered with his wife. He had not been involved in any trade union activity
387. for a long time, following his exile and resignation from the company (and
388. therefore his trade union office).
389. =================================================================
390. Subparagraph (c)
391. Murders
392. =================================================================
393. Name
394. Date Place Trade union Presumed
395. organization perpetrators
396. =================================================================
397. Oscar Artunduaga Núñez
398. 1998 Valle Sintraemcali Hired assassins
399. Observations: Prosecutor's Office, Cali: File No. 154765.
400. Two men, one dead, the other on the run
401. Jesús Orlando Arévalo
402. 14.01.99 Arauca None, retired ELN
403. Observations: First Prosecutor's Office, Arauca:
404. File No. 2533. Collecting evidence
405. Moisés Canedo Estrada
406. 20.01.99 Antioquia No links with Not indicated
407. the trade union
408. movement
409. Observations: Prosecutor's Office, Medellín,
410. transferred from Amalfi
411. Gladis Pulido Monroy
412. 18.12.98 Boyacá FECODE Guerrilla
413. Observations: Prosecutor's Office, Santa Rosa de Viterbo:
414. File No. 750 ("La Libertad", municipality of La Capilla).
415. The absence of sufficient results would be due to the fear of
416. certain persons testifying who had knowledge of the facts
417. Oscar David Blandón
418. Observations: Prosecutor's Office, collecting evidence
419. Oswaldo Rojas Sánchez
420. 11.02.99 Valle Sintramunicipio Sicario
421. Observations: Prosecutor's Office, Cali: File No. 163215.
422. Collecting evidence. Resigned from the Protection Branch
423. Julio Alfonso Poveda
424. 17.02.99 Bogotá No links with Self-defence groups
425. the trade union
426. movement
427. Observations: Prosecutor's Office: National Human Rights Unit:
428. File No. 461, investigation in progress. Four persons linked
429. to the crime
430. Pedro Alejandrino Melchor
431. 06.04.99 Caldas FECODE Guerrilla FARC
432. Observations: Special Prosecutor of Manizales: preliminary stage
433. Gildardo Tapasco
434. 06.04.99 Caldas FECODE Guerrilla FARC
435. Observations: Special Prosecutor of Manizales: preliminary stage
436. Manuel Salvador Avila 1
437. 22.04.99 Santander Sintrainagro Self-defence groups
438. Observations: Prosecutor's Office: information from POLINAL
439. Esaú Moreno Martínez
440. 05.04.99 Atlántico Sintraiss Sicario
441. Observations: Prosecutor's Office, Barranquilla: File No. 12280
442. =================================================================
443. Note:
444. 1 Manuel Salvador Avila Ruiz, President of SINTRAINAGRO - Puerto Wilches
445. Section. The Police Department of Santander - Judicial Police and
446. Investigation Section - Homicides and Illegal Armed Groups Unit, in
447. communication No. 3620 of 20 September 1999 responded to a 3 June 1999 request
448. from the Office of the United Nations High Commission for Human Rights in
449. Colombia as follows:
450. The victim worked at the Palmas Bucarelia Company where he was Inspector for
451. Industrial Safety and had been elected President of SINTRAINAGRO - Puerto
452. Wilches Section. The kidnapping and subsequent murder of Manuel Salvador Avila
453. Ruiz occurred around 7.30 p.m. on 22 April 1999 as he was returning to Puente
454. Sogamoso from Bucaramanga with Francisco Javier Meza Cadavid, who was also
455. working for the Palmas Bucarelia Company at the time. At Patio Bonito on the
456. Magdalena Medio main road from Puerto Araujo to San Alberto, they were
457. intercepted by a dual cabin green van with no number plates in which six armed
458. persons were travelling; when they were asked their names, one of the
459. kidnapped persons pointed to Manuel Salvador and said "It is him", whereupon
460. the kidnappers pushed him into the green van. He was found murdered the next
461. day.
462. Investigations so far indicate that the murder was committed by the AUSAC
463. self-defence units of Santander and el Sur del Cesar on orders from a person
464. bearing the alias "Samuel", since the green van used by the delinquents on
465. this occasion had been involved in other criminal acts such as the recent
466. murder of Carlos Barón.
467. The investigation shows that Manuel Salvador Avila Ruiz was thought to have
468. planned the kidnapping of ten senior engineers of the Palmas de Bucarelia,
469. Brisas y Monterrey companies on 17 September 1997. They were held hostage by
470. the FARC's Frente 24 for six months.
471. The commander of the self-defence group is Guillermo Cristancho Acosta, alias
472. "Camilo".
473. The Police Department ordered an investigation and 20 statements have been
474. collected which will be submitted to the Specialist Prosecutor's Office of
475. Cúcuta where the relevant files have been sent. (Signed by Brigadier General
476. Tobías Durán Quintanilla - Departmental Police Commander, Santander.)
477. =================================================================
478. Subparagraph (d)
479. =================================================================
480. Name
481. Date Place Trade union Presumed
482. organization perpetrators
483. =================================================================
484. Ernesto Emilio Fernández F.
485. 20.11.95 Cesar Fecode Self-defence groups
486. Observations: National Prosecutor's Office, Human Rights Unit:
487. File No. 111, "collecting evidence". The Attorney-General began
488. an inquiry following denunciations of possible responsibility of
489. state agents. The inquiry was archived in May 1996 due to lack of
490. merit
491. Libardo Antonio Acevedo
492. 07.07.96 Valle Festralva-CTC Not indicated
493. Observations: Special Prosecutor
494. Magali Peñaranda Arévalo
495. 27.07.97 N.Santander Sintramunicipio Not indicated
496. Observations: Submitted to a special investigation
497. David Quintero Uribe
498. 07.08.97 Cesar Sintracuacesar Not indicated
499. Observations: Submitted to a special investigation
500. Aurelio de J. Arbeláez
501. 04.03.97 Antioquia Sintrafromines Not indicated
502. Observations: Prosecutor's Office, Segovia: File No. 1902.
503. The investigation was reopened on 4 Jan. 2000
504. José Guillermo Asprilla T.
505. 23.07.97 Antioquia Sintrainagro Not indicated
506. Observations: Prosecutor's Office, Chigorodó: File No. 4969.
507. The investigation was reopened on 14 Dec. 1999
508. Carlos Arturo Moreno L.
509. 07.07.95 Antioquia Sintrainagro Self-defence groups
510. Observations: Prosecutor's Office, Apartadó: File No. 3710.
511. The investigation was reopened on 14 Dec. 1999
512. Luis Abel León Villa
513. 21.07.97 Antioquia None Not indicated
514. Observations: Prosecutor's Office, Amagá: File No. 896.
515. The investigation has been reopened. Not a trade unionist
516. =================================================================
517. Subparagraphs (e) and (f)
518. Threats
519. The Government communicated information on measures of protection for some
520. union leaders and offices which the complainant had not mentioned.
521. Following an inquiry, the trade union officials listed below have been granted
522. adequate protection under the Risk Evaluation and Protection Programme for
523. persons in a "high-risk" situation:
524. Yesid Camacho Jiménez, official of ANTHOC Tolima, two escorts
525. Luz Amparo Cahavarria, official of CUT Antioquia, two escorts
526. Jesús Ruiz, official of CUT Antioquia, two escorts
527. Over Dorado, official of CUT Antioquia, two escorts
528. Carlos Posada, official of CUT Antioquia, one escort
529. Nicolás Castro Olaya, official of CUT Atlántico, one escort
530. Islena Rey Rodríguez, official of CUT Meta, two escorts
531. Pedro Barón Gutiérrez, official of CUT Tolima, one escort
532. Carlos Arbey González Quintero, official of CUT Valle, two escorts
533. Alexander López, President of SINTRAEMCALI, two escorts
534. Nelson Amaya Guevara, official of CUT Valle, two escorts
535. SINTRA, municipality of Cartago (Valle), two escorts and one vehicle
536. Other persons threatened
537. Bertina Calderón. A government report of 15 January 1999 stated that Bertina
538. Calderón, currently a CUT official, "has been granted protection along with
539. the other CUT officials". No trade union headquarters has better security than
540. the CUT; in addition to a safety perimeter, ID checks and videos (ninth
541. floor), a large number of escorts have been assigned to the CUT officials on
542. its premises. The two trade union representatives on the Risk Evaluation
543. Committee (both members of the CUT) have not made an official request for
544. personal protection for Bertina Calderón, and the Government is not aware that
545. any allegations have been lodged with the Prosecutor's Office or any other
546. state security body to the effect that she has been threatened.
547. According to a report submitted on 20 September, the situation of a large
548. number of trade union organizations that have requested special protection has
549. been carefully studied. The Risk Evaluation Committee approved the setting up
550. of safety perimeters for 42 trade unions and for the National Trade Union
551. School of Antioquia. The following organizations currently have a safety
552. perimeter and protection:
553. National CUT - Single Workers' Confederation, Santafé de Bogotá
554. National CTC - Workers' Confederation of Colombia, Santafé de Bogotá
555. National CGTD - General Democratic Workers' Confederation, Santafé de Bogotá
556. National FECODE - National Teachers' Federation, Santafé de Bogotá
557. ASONAL JUDICIAL - National Association of Public Servants and Employers of the
558. Judiciary, Cúcuta
559. ASINORT (affiliated to FECODE-CUT) - Teachers' Trade Union Association of
560. North Santander, Cúcuta
561. CUT - Single Workers' Confederation, Cúcuta Section
562. ANTHOC - National Association of Hospital Workers, Ibagué
563. ANTHOC - National Association of Hospital Workers, Ocaña
564. SINTRAELECOL - Electrical Workers' Trade Union of Colombia, Pasto
565. FENSUAGRO - National Agricultural Workers' Single Trade Union Federation,
566. Santafé de Bogotá
567. SINTRATELEFONOS - Telephone Company Workers' Trade Union, Santafé de Bogotá
568. SINALTRAINAL - National Food Industry Workers' Trade Union, Santafé de Bogotá
569. Subparagraph (g)
570. Threats
571. According to information from the Prosecutor's Office, the situation of the
572. investigations conducted into threats against the persons listed below is as
573. follows:
574. Martha Cecilia Cadavid. File No. 25323. Investigation carried out by the
575. Specialist Unit of the Prosecutor's Office of Medellín.
576. Carlos Hugo Jaramillo. File No. 27222. Investigation carried out by the
577. Specialist Unit of the Prosecutor's Office of Bogotá. Shelved on 4 December
578. 1997, no reason having been found to pursue the investigation.
579. José Luis Jaramillo Galeano. File Nos. 154543 and 154719. Investigation
580. carried out by the Public Security Unit. According to the latest report,
581. "collecting evidence".
582. Rangel Ramos Zapata. File No. 161950. Carried out by the Public Security Unit
583. of Medellín, "collecting evidence". The study of the revaluation of the level
584. of risk and seriousness of practical threats by Mr. Zapata undertaken by the
585. Directorate of Protection of the Department of Administration and Security
586. (DAS) concluded that there was no evidence of factors or situations against
587. the liberty, life or integrity of the evaluator. Nevertheless, the Office of
588. Security of the Department of Antioquía provided its guard with a vehicle and
589. some weapons. The DAS section of Antioquía carried out studies of security and
590. risk by Ramos Zapata. In 1998 it provided for two revolvers, two communication
591. radios, two bullet-proof vests and one vehicle.
592. Jorge Eliécer Marín Trujillo. File No. 2851. Investigation carried out by the
593. Prosecutor's Office, 24. Suspended on 2 July 1998, insufficient grounds having
594. been found to pursue the investigation.
595. Víctor Ramírez. File No. 7096. Investigation carried out by the
596. Barrancabermeja Section Unit of the Prosecutor's Office. A restraining order
597. was issued on 21 April 1995, no grounds having been found to take any action
598. against the persons alleged to be responsible.
599. As regards the other cases referred to in paragraph 107, of which the
600. Prosecutor's Office has taken note, no information is forthcoming on the
601. investigations as the allegations have not been duly submitted to the
602. Prosecutor's Office.
603. Subparagraph (h)
604. Arrests
605. Luis David Rodríguez Pérez. Neither the company (INCORA) nor the trade union
606. (SINTRADIN) have reported his alleged arrest. Inquiries conducted by the
607. Ministry of Labour and Social Security with the Human Resources Directorate of
608. INCORA, "Rodríguez Pérez was separated from and compensated by the company on
609. 1 May 1993. He was subsequently granted a pension from 25 December 1994 when
610. he reached retirement age. He is currently receiving his pension in the
611. municipality of Arauca where he lives".
612. Elder Fernández and Gustavo Minorta. "Following inquiries into Elder Fernández
613. and Gustavo Minorta, said to be members of ECOPETROL (USO) and to have been
614. arrested in December 1996, both USO and ECOPETROL stated that they were
615. unknown to them and that they had not reported any such arrest. It is
616. therefore important that the Committee on Freedom of Association of the ILO
617. request its source for more details". Elder Fernández and Gustavo Minorta "are
618. not members of USO and are not listed as being under arrest by any
619. administrative or judicial authority".
620. Subparagraph (i)
621. Regarding the "allegations concerning acts of violence on which the Government
622. has not sent information or has sent insufficient information for it to be
623. established whether an investigation has been opened", the following
624. information is submitted:
625. =================================================================
626. Name
627. Date Place Trade union Presumed
628. organization perpetrators
629. =================================================================
630. Murders
631. Manuel Francisco Giraldo
632. 22.03.95 Antioquia Sintrainagro Self-defence groups
633. Observations: Prosecutor's Office, Apartadó:
634. File No. 17684, "preliminary stage"
635. Luis David Alvarado
636. 22.03.96 Antioquia Sintrainagro Guerrilla
637. Observations: Prosecutor's Office, Apartadó: File No. 4134
638. (listed as Álvaro David). Investigation reopened in Dec. 1999
639. Eduardo Enrique Ramos M.
640. 14.07.97 Antioquia Sintrainagro Not indicated
641. Observations: Prosecutor's Office, Apartadó
642. File No. 4960, "preliminary stage"
643. Marcos Pérez González
644. 10.10.98 Not indicated Sintraelecol Not indicated
645. Observations: Prosecutor's Office: in progress
646. Jorge Luis Ortega G. 1
647. 20.10.98 Bogotá Sintraelelcol-CUT Not indicated
648. Observations: National Prosecutor's Office, Human Rights Unit:
649. File No. 398. Several persons arrested
650. Hortensia Alfaro Banderas
651. 24.10.98 Cesar Sindesc Self-defence groups
652. Observations: Prosecutor's Office, Barranquilla:
653. File No. 11353, "preliminary stage"
654. Jairo Cruz
655. 26.10.98 Cesar Proaceites Not indicated
656. Observations: Special Prosecutor of Valledupar. Case No. 13215
657. Luis Peroza
658. 12.02.99 Cesar Fecode Self-defence groups
659. Observations: Prosecutor of Valledupar: in progress
660. Numael Vergel Ortiz
661. 12.02.99 Cesar Fecode Self-defence groups
662. Observations: Prosecutor of Valledupar: in progress
663. Gilberto Tovar Escudero
664. 15.02.99 Valle Sintracartago Self-defence groups
665. Observations: Prosecutor's Office, in progress
666. Albeiro de Jesús Arce V.
667. 19.03.99 Valle Sintracartago Self-defence groups
668. Observations: Prosecutor's Office: in progress
669. Ricaurte Pérez Rengifo
670. 25.02.99 Antioquia Fecode Not indicated
671. Observations: Prosecutor's Office: in progress
672. Antonio Cerón Olarte
673. Huila Fecode Not indicated
674. Observations: Prosecutor's Office: in progress
675. Attempted murders
676. Gilberto Carreño
677. Observations: Prosecutor's Office: in progress
678. Cesar Blanco Moreno
679. 28.08.95 N.Santander Not indicated Not indicated
680. Observations: Prosecutor's Office: File No. 2239. Several
681. statements have been collected. Special intervention by the
682. Office of the Public Prosecutor
683. Fernando Morales, Alberto Pardo and Esaú Moreno
684. 1999 Atlántico Sintraiss Not indicated
685. Observations: Special Investigation Unit of the Prosecutor's Office:
686. in progress
687. Physical aggression 2
688. Public enterprises - Cartagena
689. 29.06.99 Bolívar Public enterprise POLINAL
690. trade unions
691. Observations: This case will be taken over by the Human Rights
692. Directorate of POLINAL
693. Cesar Castaño, Luis Cruz and Janeth Leguizamón - ANDAT
694. 06.01.97 Not indicated ANDAT POLINAL
695. Observations: This case will be taken over by the Human Rights
696. Directorate of POLINAL
697. Mario Vergara and Heberto López
698. N. P. Bogotá SITTELECOM POLINAL
699. Observations: This case will be taken over by the Human Rights
700. Directorate of POLINAL
701. TELECOM workers
702. 13.10.98 Bogotá SITTELECOM POLINAL
703. Observations: This case will be taken over by the Human Rights
704. Directorate of POLINAL
705. Protest march Plaza de Bolívar
706. 20.10.98 Bogotá Workers POLINAL
707. Observations: This case will be taken over by the Human Rights
708. Directorate of POLINAL
709. Disappearances
710. Jairo Navarro
711. 06.06.95 Antioquia Sintrainagro Self-defence groups
712. Observations: Prosecutor's Office: kidnapped from the "La Playa"
713. ranch, Carepa
714. Rami Vaca 3
715. 27.10.97 Cesar Not indicated ELN
716. Observations: POLINAL: held by the ELN and freed three days later
717. Misael Pinzón Granados 4
718. 07.12.97 Santander Sintrainagro Self-defence groups
719. Observations: Prosecutor's Office, Cúcuta:
720. kidnapped in Puerto Wilches
721. Justiniano Herrera Escobar
722. 30.01.99 Antioquia Not indicated Not indicated
723. Observations: Prosecutor's Office: in progress
724. Detentions
725. José Ignacio Reyes 2
726. 08.10.98 Bogotá SITTELECOM
727. Observations: This case will be taken over by the Human Rights
728. Directorate of POLINAL
729. Orlando Rivero and Sandra Parra 2
730. 16.10.98 Bogotá Not indicated
731. Observations: This case will be taken over by the Human Rights
732. Directorate of POLINAL
733. Paro Cívico Nacional 5
734. 31.08.99 National strike Participants POLINAL
735. Observations: File No. CIOSL:277, CUT:300. Arrested.
736. The whereabouts of several people are unknown
737. Unlawful imprisonment
738. Horacio Quintero and Oswaldo Blanco Ayala
739. 31.05.99 Not indicated USO Self-defence groups
740. Observations: Held and interrogated. "Freed after having received
741. death threats." Additional information being requested from the
742. Prosecutor's Office
743. =================================================================
744. Notes:
745. 1 Jorge Luis Ortega, Vice-President of the CUT, murdered on 20 October 1998.
746. According to the Prosecutor's Office, by decision of 15 June 1999, Ovidio
747. Serrano Avendaño was placed under preventive detention. The data bank shows
748. that Ortega García was threatened in writing and by telephone on 23 April 1998
749. (source: CUT). He was also arrested for rioting in the municipality of Mesitas
750. del Colegio on 2 December 1994. Two former members of the National Police:
751. Rafael Cépedes Álvarez and Edgar Armando Daza Díaz, thought to be the
752. perpetrators of the crime, were arrested in December 1999.
753. 2 Regarding the physical aggression against and detention of José Ignacio
754. Reyes, Orlando Rivero and Sandra Parra, no allegations have been submitted to
755. the Prosecutor's Office. At the request of the Ministry of Labour and Social
756. Security, these cases will be taken over by the Human Rights Directorate of
757. POLINAL.
758. 3 Rami Vaca, trade union official of ECOPETROL. According to the DAS, Rami
759. Vaca and 11 employees of ECOPETROL were kidnapped on 27 October 1997 by the
760. ELN's Frente Camilo Torres Restrepo in Los Caliches (César). All were released
761. (National Police report, 16 September 1999).
762. 4 Misael Pinzón Granados, trade union official of SINTRAINAGRO - Puerto
763. Wilches Section. Kidnapped on 12 July 1996 by the AUSAC, led by Guillermo
764. Cristancho Acosta, alias "Camilo". The Police Department of Santander has
765. heard 23 statements and made two identikit portraits of individuals known
766. under the aliases of "Salomón" and "Walter". These will be sent to the General
767. Prosecutor's Office which is investigating the case under summons No. 12,458.
768. "Walter" died in a confrontation with the ELN's "Capitán Parmenio" Front on 29
769. May 1999 in the municipality of Zapatoca and was identified as Mauricio
770. Sánchez Bravo.
771. 5 Under an agreement signed with the organizers of the national strike on the
772. night of 31 August 1999, the persons arrested were released - except for those
773. guilty of crimes, who were duly charged. This was accepted by the organizers,
774. as shown in the record of proceedings. In the light of this agreement, the
775. Ministry of Labour and Social Security asked the workers' confederations for a
776. list of the detainees, who were immediately turned over to the Human Rights
777. Directorate of the National Police. The latter immediately notified the
778. Ministry of the police stations where the detainees were being held and of the
779. Prosecutor's Offices where those who had been charged had been sent. The vast
780. majority of the detainees were neither union members nor inhabitants of the
781. districts where the disturbances took place.
782. According to the Human Rights Directorate of the Police in Bogotá, where the
783. demonstration was most effective, 201 persons were briefly detained and 58
784. were charged, many of them being subsequently released by the local
785. Prosecutor's Offices.
786. =================================================================
787. Information concerning some of the new allegations
788. Murders of trade union leaders:
789. (1) César Herrera. His murder is attributed to the FARC.
790. (2) Jesús Orlando Crespo García. Information is being awaited from the Public
791. Prosecutor.
792. Subparagraph (j)
793. The Ministry of Labour and Social Security has not received any reply from the
794. organizations that submitted complaints against the Andino, Citibank,
795. Sudameris and Anglo Colombiano banking corporations in response to the
796. Committee on Freedom of Association's request that they explain the reasons
797. for their allegations. Any communications sent by the complainant
798. organizations will be handled by this office.
799. Subparagraph (k)
800. [The Government has already responded to this point.]
801. Subparagraph (l)
802. The Ministry of Labour and Social Security will inform the Committee on
803. Freedom of Association of the court cases brought by Germán Bulla and Darío
804. Ramírez as soon as it has additional information.
805. Subparagraph (m)
806. - No information is available on the raiding of the Single Agricultural Trade
807. Union Federation (FENSUAGRO), on the telephone tapping of its headquarters and
808. trade union members or on the surveillance of the Federation's President, Luis
809. Carlos Acero, by armed persons. As far as has been ascertained, these
810. allegations have not been reported to the Colombian authorities.
811. - Regarding the raiding of the headquarters of the Executive Committee of the
812. CUT-Atlántico and the aggression against Lydis Jaraba by 15 armed men on 6
813. February 1998, the Colombian authorities have not been requested to conduct an
814. inquiry into any such allegations. The Government has nevertheless requested
815. the National Prosecutor's Office to assign the case to one of its special
816. investigation subunits for it to carry out the necessary inquiry.