Intimidation and armed attack by paramilitaries in south of Tolima

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

Brief description of the situation

The International Secretariat of the OMCT has been informed by the Corporación para la Defensa y Promoción de los Derechos Humanos (REINICIAR- Corporation for the Defense and Promotion of Human Rights), a member organisation of the SOS-Torture Network, of the serious threats to the safety of the villagers in the south of the Tolima Department. This situation results from the activities of members of the “Black Eagles” (Águilas Negras) paramilitary group. Nevertheless, a strong military presence in the area includes that of a counter-guerilla battalion known as Piajo (Batallón Contraguerrilla No. 6 “Pijao” adscrito a la Sexta Brigada del Ejército), based in Ibagué, capital city of the Tolima Department.

According to the information received, in the evening of 6 April 2007 approximately thirty men showed up at the Montoso village in the Prado municipality, claiming to be members of the “Black Eagles”. They intimidated the villagers and asked the village merchants for money.

Around 5:00 in the morning the following day, a vehicle in which farmers were travelling from Montoso to the central town of Prado was shot at by men standing on the road. After having shot, the assailants headed to the Prado dam in a vehicle that had remained concealed until then.

These serious violations took place over Easter Week in a region with a very strong military presence. It must also be said that the government had reportedly stated that the area was safe for tourism (especially around the Hidro Prado dam) thanks to the “Democratic Safety” policy (política de “Seguridad Democrática”). The aforementioned policy was meant to guarantee safety in the area through the use of a highly equipped helicopter, along with other safety measures, which was meant to continuously fly over the area. Nevertheless, the safety measures did not prevent the events which took place Montoso on 6 and 7 April 2007 from happening.

The International Secretariat of the OMCT condemns these violent events as well as the harassment the local civil population is subject to, the alleged impunity of the perpetrators, and the lack of effective protective measures implemented by the municipal, governmental and national authorities to prevent such violations. OMCT urges the Colombian authorities to instruct the military to respect the International Humanitarian Law principle of protection of civilian persons.

OMCT also requests that, in accordance with the International Humanitarian Law, the Colombian authorities instruct whomever it is necessary to adequately protect the civil population of the Tolima Department and that of all Departments which are seriously affected by the armed conflict.

Background information

According to the information received, the Icononzo, Cunday, Villarrica, Purificación, Prado, Dolores, and Alpujarra municipalities have remained under military occupation since 2002[1]. Nevertheless, criminal paramilitary activities still take place in these locations. Furthermore, the Army reportedly carries out human rights violations against the local people, and a large number of farmers have been the victims of mass arrests, threats, displacements and even homicide. Some of these homicides, of which OMCT has been informed in the past, include:

• Cunday, Inspección de Tres Esquinas. 3 December 2005: Mr. Luís Peña and Jorge Ortega, farmers, were killed by paramilitary groups.
• Alto Torres, Cunday. 6 December 2005: farmers José Amariles and Mrs. Dora Ríos were murdered (the latter in Agua Negra, Purificación).
• 16 October 2006: farmers José Mario Guerrero Garzón, 17-year-old, and Héctor Jairo Yate Ramírez[2] were murdered.
• Alto Torres, Cunday. 10 November 2006: Mr. Rafael Antonio Murillo, farmer, was murdered.
• Vereda Berlín, Cunday. 21 December 2006: Mr. José Yobany Godoy, farmer, was murdered.
• Verda Berlín, Cunday. 12 January 2007: Mr. Esneider Díaz Díaz, farmer, was murdered.

Action requested

Please write to the Colombian authorities urging them to:

1. Immediately take the measures urgently needed to guarantee the physical and psychological safety and integrity of all members of the civil population in the rural and urban areas of the Icononzo, Cunday, Villarrica, Purificacioón, Prado, Dolores and Alpujarra municipalities, and more generally speaking, of the entire Tolima Department;
2. Order an immediate, independent, thorough and impartial investigation into the aggression, threats, harassment and assassination attempt committed against the people of the Montoso village, Prado municipality. Likewise, order an investigation into all the serious human rights violations committed against the inhabitants of the aforementioned municipalities, in order to identify all those responsible, provide them with a competent, independent and fair trial and apply the civil, penal and/or administrative sanctions as provided by law;
3. Immediately implement the recommendations done by international organisations and regional human rights groups, including those of the Office of the United Nations High Commissioner for Human Rights,
4. 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 Against Torture which has been ratified by Colombia.

Addresses

• Permanent Mission of Colombia to the United Nations in Geneva.. Chemin du Champ d’Anier, 17-19, 1209 Geneva, Switzerland. FAX: + 41.22.791.07.87; Tél.:+ 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
• S.E. Álvaro Uribe Vélez, President of the Republic, Carrera 8 # 7-26, Palacio de Nariño, Santa Fe de Bogotá, Colombia. Fax: +57.1.566.20.71 E-mail: auribe@presidencia.gov.co
• Sr. Francisco Santos, Vice-president of the Republic, Tel.: +571334.45.07, +573.7720130,
• E-mail: fsantos@presidencia.gov.co ; buzon1@presidencia.gov.co
• Programa DDHH de Vicepresidencia: ppdh@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; +571.284.79.49 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 Carrera 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
• Dr. Fernando Ibarra, Asesor del Programa Presidencial de Derechos Humanos y de DIH. Tel.: +57.1.336.03.11, FAX: +57.1.337.46.67, E-mail: fibarra@presidencia.gov.co

Please also write to the diplomatic representations of Colombia in your countries.

***

Geneva, 25 April 2007

Please let us know of any action undertaken, quoting this appeal’s number.

[1] On 14 June 2006, over five thousand farmers from all over the Chaparral Municipality in Tolima marched through the town’s streets. They rejected the “Democratic Safety” Policy and condemned the authorities’ arbitrary actions. They demanded justice so that the crimes against the local farmers, allegedly committed by military officials which later claim their victims were “guerilla fighters”, do not remain unpunished.

More generally speaking, the farmers requested an end to the war in the region, to the military crimes, and that the truth be found in the various murder cases of local inhabitants known for their leadership and integrity. Some such citizens included Mr. Tiberio García Cuellar, President of the “Communal Action Assembly of Aguas Claras” ( Junta de Acción Comunal de Aguas Claras), Mr. Deimer Verjan Pérez, an athlete, and three members of the Mendéz family. All of these peoples reportedly died in the hands of the “No.8 Mobile Brigade” (Brigada Móvil número ocho), and were registered dead as alleged guerilla fighters.

[2] On 16 April 2006 at around 3 pm, Mr. José Mario Guerrero Garzón, a farmer from Vereda de “Las Vegas del Café” at the Dolores Municipality, and Mr. Héctor Jairo Yate, a farmer from Vereda “Filo de Hambre” at the Prado Municipality, went missing. They had just left the village of Montoso in Prado and were heading to the Vereda “Las Vegas del Café”.

On 18 October 2006 the Centre for Army Operations (Centro de Operaciones del Comando del Ejército) published a press release informing that: “During the military operation ‘Reconquest’, there had been a crossfire which lasted several minutes. Troops belonging to the counter-guerilla battalion known as ‘Piajos’ were involved in this crossfire, which resulted in the death of several extremists”. After having established that Mr. José Mario Guerrero Garzón and Mr. Héctor Jairo Yate had died in the incident, reports confirmed that they were not members of the guerrilla but, instead, well known local farmers (See OMCT Appeal COL 041206 / COL 041206.CC, issued on 4 December 2006).