dispearance of several children following the excessive use of force by the police

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Colombia.

Brief description of the situation

The International Secretariat of OMCT is gravely concerned with the information recently received from reliable sources of the excessive use of police force while displacing members of the Embera Katío Community, from the Chocó Department[1]. According to a press release which was signed by the Asociación de Cabildos Indígenas Embera, Wounaan, Katío, Chamí y Tule (“Association of Embera, Wounaan, Katío, Chamí and Tule Indigenous Council” - OREWA) of the Chocó Department and published on 22 May 2007, the aforementioned members of the Embera Katío Community had made it known that: “[…] After not having found any real answers, and due to the worsening of our situation, we have chosen as a last resource to block the [Quibdó-Medellín] motorway. This measure is to be taken as an attempt to demand the presence of those who signed Act No.002 between the 25th and the 27th of April 2007, to demand the fulfilment of the commitments agreed to on the aforementioned act, and to obtain answers to the requests of the indigenous authorities which were established on resolution 001”.

The Embera Community demands, among other things, that the agreements reached with the government in April 2007 be respected. These agreements concern the appointment of teachers for the 14,000 children enrolled in school.

According to the information received, over 900 indigenous people from the Embera Katío village were brutally displaced from a place known as La Unión in the early hours of 26 May 2007. La Unión is located near Santa Cecilia, four hours away from Quibdó and Pereira. The Mobile Anti-Disturbance Squad (Escuadrón Móvil Antidisturbios - ESMAD), with headquarters in Pereira, was in charge of the displacement. The members of the community were reportedly having breakfast when the ESMAD irrupted into their community using tear gas. The ESMAD then beat and forcedly arrested the villagers, who were then driven away in buses. They had been told that they were being driven to Guarato, which is located between Pereira and the Chocó Department. Nevertheless, certain sources confirm that their final destination remains unknown.

The Prime Counsellor (consejero mayor) of the Regional Indigenous Council of Risaralda (Consejo Regional Indígena de Risaralda - CRIC) has made several statements to this day. According to these statements, it is feared that Gloria Inés Arce (6 years old, from the Conondo Community), José Murri Nariquiaza and Emilio Murri Nariquiaza (6 and 8 years old respectively, both of them from the Dokabú Community) may have fallen into the San Juan river as a consequence of the physical malaise brought about by the tear gas. Because of the recent heavy rain which has raised the water level, it is also feared that their bodies may have been carried downstream. Nevertheless, no further information was available at the time of this appeal’s publication, nor had their bodies been found.

Furthermore, several children were reportedly taken away from their mothers during the police operation. They were reportedly put into different buses, and so the mothers fear that they may go missing. Several indigenous people were harmed as a result of the police operation. Some of them even had to be taken to the Santa Cecilia medical stand. Moreover, members of the ESMAD burnt the indigenous people’s clothes and few belongings and tortured Pedro Pablo Murillo (one of the chief counsellors of the Local Head Council - Cabildo Mayor de la Zona), who was seriously injured. In addition, various items belonging to the indigenous people have been reported missing (mobile phones, money, clothes, survival utensils, etc.). When questioned on their actions, members of the ESMAD reported to have been “following orders from the higher ranks of Government as well as the Social Affaires Manager of Chocó”.

During the police operation, two nuns from the Quibdo diocese who were in the area doing humanitarian work were arrested and later released. Their names are Martha Janet Pérez and Nubia Salamanca.

According to the National Indigenous Organisation of Colombia (Organización Nacional Indígena de Colombia - ONIC-OREWA), the following is the list known to this day of people who were injured during the displacement operation:

• Pedro Pablo Murillo
• Raúl Murillo Tequia
• Leonel Querágama
• Libardo Tequia
• Cristina Tequia
• Amancia Pepe
• Diego Pepe
• José Argemiro Pepe
• Uriel Ebao
• Nicolás Bateza
• Elena Bateza
• Cesar Negueta
• Ilario Querágama.

According to the same source, the following is the list of people who went missing during the displacement operation, and whose whereabouts remain unknown to this day:

• From the Cevedé Community: Juan Guillermo Queragama Cheche, 13 years old; Iván Queragama Pepe, adult; Aurora Víricha Cheche, adult; Gilberto Querágama Viricha, 12 year old; Calixto Querágama Viricha, 10 year old; a one-year-old baby; Juan Alberto Tequia, 15 year old; Oliva Cheché Vitucay, adult; Guillermo Sintua, adult; Guillermo Sintua, 15 years old; Leonel Tequia Nariquiaza, adult; Willian Bateza Cheché, adult; Rafael Tequia, 16 years old; Celestino Bateza, adult; Aquileo Querágama, adult, and Óscar Baniama Arce, 10 years old.
• From the Aguasal Community: Elkin Murillo, 18 years old; Wilmor Murillo, 12 years old, and Milton Murillo, 12 years old.
• From the Dos Quebradas Community: Clímico Sintua Ebao, 8 years old.
• Brisas Community: Sigifredo Tequia Tequia, 16 years old.
• From the Vivicora Community: Ercilia Sintua Castañeda, girl; Hermeregildo Sintua Arce, boy; Laurcario Arce Sintua, boy; Humberto Tequia, boy; Dario Querámaga Sintua, boy, and Antonio Querágama Sintua, boy.

Furthermore, the ONIC has reported that a 6-month-old baby girl died due to the tear gas released in Guarato. Moreover, three pregnant women of emberas katios indigenous origin reportedly began to feel bad because of the tear gas released during the operations. They decided to go back to their communities, and it was later reported that the three of them had a miscarriage. This raises the death toll by four more victims.

The International Secretariat of OMCT strongly condemns these extremely violent events. OMCT would like to recall that Colombia has signed and ratified the Convention on the Rights of the Child, which, in its Article 6 states that “States Parties recognise that every child has the inherent right to life”, and “States Parties shall ensure to the maximum extent possible the survival and development of the child”. Furthermore, OMCT recalls to the Colombian authorities their duty to respect the legitimate and constitutional right of its citizens to undertake social protests.

Action requested

Please write to the Colombian authorities urging them to:

1. Immediately take all necessary measures to guarantee the physical and psychological safety and integrity of the aforementioned children and adults, of all members of the Embera Katío indigenous community, and of Sister Martha Janet Pérez and Sister Nubia Salamanca. Such measures should include appropriate free medical assistance for those who may need it;
2. Order a thorough, independent and impartial investigation into these events (especially into the alleged excessive use of police force against members of the Embera Katío Community, as well as into all of the human rights violations mentioned above), in order to identify all those responsible, bring them to trial and apply the civil penal and/or administrative sanctions as provided by law;
3. Guarantee that adequate compensation is awarded to the families of those who went missing or were wounded during these events,
4. Immediately apply the recommendations made by international and regional Human Rights organisations, including those made by the Office of the United Nations High Commissioner for Human Rights;
5. Ensure in all circumstances the respect of human rights and fundamental freedoms throughout the country, in accordance with international human rights standards, particularly the Convention on the Rights of the Child and the Convention Against Torture, which have been ratified by Colombia.

Addresses

• Permanent Mission of Colombia to the United Nations in Geneva. Chemin du Champ d’Anier, 17-19, 1209 Ginebra, Suiza. FAX: + 41.22.791.07.87; TEL.:+ 41.22.798.45.55. E-mail: mission.colombia@ties.itu.int
• Sr. Carlos Holmes Trujillo, Diplomatic Mission in Brussels: FAX: +32.2.646.54.91, E-mail: colombia@emcolbru.be
• H.E. Álvaro Uribe Vélez, President of the Republic, Cra. 8 # 7-26, Palacio de Nariño, Santa Fe de Bogotá. Fax: +57.1.566.20.71: auribe@presidencia.gov.co
• Sr. Francisco Santos, Vice-president of the Republic, Téls.: +571334.45.07, +573.7720130, E-mail: fsantos@presidencia.gov.co ; buzon1@presidencia.gov.co
• Programa DDHH de Vicepresidencia: ppdh@presidencia.gov.co; fibarra@presidencia.gov.co
• Observatorio DDHH de Vicepresidencia: obserdh@presidencia.gov.co
• Dr. Volmar Antonio Pérez Ortiz, Defensor del Pueblo, Calle 55 # 10-32, Bogotá. Fax: + 57.1.640.04.91 E-mail: secretaria_privada@hotmail.com ; agenda@agenda.gov.co
• Doctor Mario Hernán Iguarán Arana, Fiscal General de la Nación, Diagonal 22-B # 52-01, Bogotá. Fax: +57.1.570.20.00; +57.1.414.90.00 Extensión 1113, E-mail: contacto@fiscalia.gov.co; denuncie@fiscalia.gov.co
• Dr. Edgardo José Maya Villazón, Procurador General de la Nación, Cra. 5 #. 15-80, Bogotá. Fax: +57.1.342.97.23; +57.1.284.79.49 Fax: +57.1.342.97.23; E-mail: cap@procuraduria.gov.co, E-mail: quejas@procuraduria.gov.co; webmaster@procuraduria.gov.co; cap@procuraduria.gov.co; reygon@procuraduria.gov.co; anticorrupcion@presidencia.gov.co
• Dr. Juan Manuel Santos Calderón, Ministro de la Defensa, Avenida El Dorado con Cra. 52 CAN, Bogotá. Fax: +57.1.222.18.74; E-mail: siden@mindefensa.gov.co; infprotocol@mindefensa.gov.co; mdn@cable.net.co
• Dr. Carlos Franco, Director del Programa Presidencial de Derechos Humanos y de Derecho Internacional Humanitario (DIH). E-mail: cefranco@presidencia.gov.co

Please also write to the embassies of Colombia in your country.

***

Geneva, 31 May 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] The indigenous communities of the Embera peoples live in the Caldas, Risaralda, Antioquia, Chocó, Valle and Quindío Departments. They have been subjected to the implementation of large scale projects on their land, to a legislation that destroys their land, and to acts of violence led by the various figures in the armed conflict. They have also endured forced displacements, impoverishing conditions, persecution and alienation, all of which threaten some communities with extension.