Colombia
14.06.02
Urgent Interventions

Colombia: execution of disappeared person, Mr. César Tulio Gutiérrez Daza

Case COL 290402.1
Execution of disappeared person

Geneva, June 14th 2002

The International Secretariat of the OMCT requests your urgent intervention on the following case in Colombia.

New Information:

The International Secretariat of the OMCT has been informed about the illegal execution of Mr. César Tulio Gutiérrez Daza, who had disappeared since early February 2002 in Guateque (Boyacá).

According to the information received from the Colombian Association of the Families of the Detainees and the Disappeared (ASFADDES), on June 11th 2002, Ms. Bertha Daza, mother of Mr. César Tulio Gutiérrez Daza, informed the association that her son had been found dead.

The reports from ASFADDES state that on May 27th 2002, the Public prosecutor’s regional office in Guateque (Boyacá) found two bodies, one of which was initially unidentified. In a joint effort with the authorities of the municipality of Almeida, the prosecutor’s office established that the body belonged to Mr. César Tulio Gutiérrez Daza. The information indicates that the body was found a in severe state of decomposition (the authorities established that at least 30 days had passed since his death), and that it was torn to pieces.

The International Secretariat of the OMCT would like to recall that forced disappearance is considered a crime, and expresses its condemnation of such acts of violence, of the persecution of the civilian population, of the impunity that the authors of such acts seem to enjoy, and of the lack of preventive measures from the regional and national authorities in order to prevent these acts.

Reminder of the situation:

The International Secretariat of the OMCT has been informed of the forced disappearance of Mr. César Tulio Gutiérrez Daza in the department of Boyacá.

According to the information received from the Colombian Association of the Families of the Detainees and the Disappeared (ASFADDES), several reports of forced disappearances have been made, among which figures that of Mr. César Tulio Gutiérrez Daza, a 30 year old from Almeida, Boyacá; a construction worker who was recorded as having disappeared since February 1st 2002. The reports state that Mr. Gutiérrez Daza disappeared on the day he left his home in “El Yabir” to go to work in the nearby town of “El Rosal”. He had borrowed a motorcycle that he returned to the owner later on the same day.

The reports add that he left work at six in the afternoon accompanied by Mr. Anderson Calderón Daza and Mr. Rodrigo Peralta. Mr. César Tulio Gutiérrez Daza, however, took a different route when the group reached a point called San Judas. After leaving his workmates Mr. César Tulio Gutiérrez Daza, took the path that led him to his house, however since then there has been no information about his whereabouts. According to Mr. Gutiérrez Daza’s mother, her son had previously told her that he feared for his life. On January 19th 2001 he had been involved in a legal investigation, as the family Vaca Gutiérrez had accused him of killing Ms. Gumercinda Vaca.

Require action:
Please write to the Colombian authorities urging them to:

i. order an immediate and thorough investigation on the illegal execution of Mr. César Tulio Gutiérrez Daza, in order to identify those responsible, bring them to justice, and apply the civil and/or administrative sanctions as stated by the law;

ii. take immediately the necessary measures to establish the whereabouts of the persons previously mentioned (refer to case COL 290402), and to guarantee their security and physical and psychological integrity;

iii. carry out the recommendations given by the regional and international organisations, including the Office of the High Commissioner for Human Rights and the Inter-American Commission for Human Rights;

iv. guarantee the respect for human rights and the fundamental liberties throughout the country, in conformity with the national law and the international norms on human rights.

Addresses:
· S.E. Andrés Pastrana Arango, Presidente de la República, Cra. 8 n°.7-26, Palacio de Nariño, Santafé de Bogotá.Fax: (+57 1) 2867434; (+57 1) 2866842; (+57 1) 28421 86
· Dr. Reinaldo Botero, Consejería Presidencial de Derechos Humanos, Calle 7 n°. 6-54 Piso 3, Santafé de Bogotá, D. C. Fax: (+57 1) 337 13 51. obserdh@presidencia.gov.co
· Doctor Gustavo Bell Lemus, Ministro de la Defensa, Avenida El Dorado con Cra. 52 CAN, Santafé de Bogotá. Fax: (+57 1) 222 18 74 ; e-mail : (dirección electrónica): siden@mindefensa.gov.co
· Doctor Armando Estrada Villa, Ministro del Interior, Cra. 8 n°. 8-09 Santa Fe de Bogotá, Santafé de Bogotá. Fax: (+57 1) 286 80 25 ; (+57 1) 286 84 05 ; (+57 1) 281 58 84 ; e-mail: minisint@col1.telecom.com.co
· Doctor Edgardo José Maya Villazón, Procurador General de la Nación, Carrera 5 n°. 15-80, Santa Fe de Bogotá.Fax: (+57 1) 284 0472; (+57 1) 342 97 23 ; (+57 1) 282 76 14 e-mail : reygon@procuraduria.gov.co
· Doctor Luis Camilo Osorio, Fiscal General de la Nación, Diagonal 22 B n°. 52-01, Santafé de Bogotá. Fax: (+57 1) 570 20 08 ; (+57 1) 570 20 00; e-mail : contacto@fiscalia.gov.co ; denuncie@fiscalia.gov.co ; webmaster@fiscalia.gov.co
· Doctor Eduardo Cifuentes, Defensor del Pueblo, Defensoría del Pueblo, Calle 55 n°. 10-32 Santa Fe de Bogotá. Fax: (+ 57 1) 346 12 25
· General Fernando Tapias Stahelin, Comandante de las Fuerzas Militares, Avenida el Dorado con Cra. 52, Santafé de Bogotá. Fax: (+57 1) 222 29 35 ; e-mail : siden@mindefensa.gov.co ; pilaque@cgm.mil.co

Please write to the diplomatic representations in your respective countries

Geneva, June 14th 2002

Kindly inform us of any action taken on this case quoting the code of this appeal on your reply.