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OIDHACO - Newsletter 14
February 2010

OIDHACO, Oficina Internacional de derechos humanos - Acción Colombia | 22.02.2010

Editorial 

The flaws within the security policy

Ever since he began his time in office in 2002, President Uribe’s policy has been to improve the country’s security and to end the armed conflict militarily. During his two terms, he has promoted controversial measures, several of which were found to be unlawful by the Constitutional Court and many of them criticised by the United Nations. They include initiatives such as the network of civilian informants, which involves the civilian population in the armed conflict, in total disregard of the fact that they are protected persons in line with the principle of distinction between combatants and non-combatants, and exposing these people to possible reprisals. This policy of informants as well as the policy of paying civilians rewards for information and soldiers for the detention or killing of members of illegal groups has been responsible for many acts of injustice, including mass arbitrary detentions and, even more seriously, systematic extrajudicial executions. 

Editorial

The flaws within the security policy
Ever since he began his time in office in 2002, President Uribe’s policy has been to improve the country’s security and to end the armed conflict militarily. During his two terms, he has promoted controversial measures, several of which were found to be unlawful by the Constitutional Court and many of them criticised by the United Nations. They include initiatives such as the network of civilian informants, which involves the civilian population in the armed conflict, in total disregard of the fact that they are protected persons in line with the principle of distinction between combatants and non-combatants, and exposing these people to possible reprisals. This policy of informants as well as the policy of paying civilians rewards for information and soldiers for the detention or killing of members of illegal groups has been responsible for many acts of injustice, including mass arbitrary detentions and, even more seriously, systematic extrajudicial executions.
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Colombia in Europe

In a letter to Catherine Ashton, OIDHACO requests the opening of an investigation on human rights in Colombia in the framework of the GSP+

Deeply concerned about the serious human rights situation in Colombia, Oidhaco sent a letter to Catherine Ashton, High Representative of the European Union for Foreign Affairs and Vice-President of the European Commission, requesting the Commission to "open a serious and effective investigation under the GSP+ (Generalized System of Preferences)" in order to verify Colombia’s compliance with the human rights parameters required by the EU.

Letter in English (PDF Document)

Read Press release (PDF Document)

Special Rapporteur on the situation of indigenous peoples, James Anaya, urges Colombia to invite United Nations Special Advisor on the Prevention of Genocide

The report issued by Special Rapporteur James Anaya presents the situation of indigenous peoples as observed during his mission to Colombia between 22 and 27 July 2009. Mr. Anaya expresses concern about the precarious situation of the indigenous population and urges the State to invite the United Nations Special Advisor on the Prevention of Genocide to monitor the situation of indigenous communities under threat of cultural or physical extermination.

Summary of the report (Word Document)

Full report (PDF Document)

“False positives”: Testimonies of the mothers of Soacha

Amnesty International compiled testimonies of the mothers of young men from Soacha who were murdered by the Army and later presented as “guerrilleros killed in combat”. In their search for justice, the mothers have been threatened and attacked. Colombian journalist Felipe Zuleta Lleras shows in two documentaries how more than a thousand cases of “false positives” remain unpunished despite all the evidence available.

Read report in amnesty.org

Documentary:

“Poverty, a crime that is paid by death”, Part I 

“Poverty, a crime that is paid by death”, Part II

United Nations Special Rapporteur on the independence of judges and lawyers visits Colombia

Ms Gabriela Carina Knaul De Albuquerque E Silva visited Colombia from 7 to 16 December 2009. She was the fourth UN Rapporteur to visit the country in 2009. In a statement at the end of her mission, she expressed concern about the situation of fear and intimidation under which judicial servants work. She also reported on threats and attacks suffered by victims, witnesses, lawyers and prosecutors, which contribute to impunity.

Read statement (PDF Document ES)

PODEC: The "Uprooted people" aid instrument and the tendency of European Commission’s cooperation in Colombia

Based on a case study of the "uprooted people" instrument, financed by the European Commission in Colombia , the European NGO network PODEC informs about problems associated with the execution of projects through the Colombian Government. The global tendency to increasingly centralize the cooperation funds through governments has led, in Colombia , to further risks for the execution of projects by NGOs and has affected the beneficiary population. The study recommends the EU to maintain a significant part of its assistance as directly available for non-state actors.

Read report (PDF Document ES)

Spanish Parliamentarians visit Colombia in the context of EU-Colombia Free Trade Agreement’s negotiations

Seven Spanish Parliamentarians visited Colombia between 23 and 30 January. They met with several state institutions, the Government, representatives from civil society and victims. The objective of the visit was to inquire about the human rights situation in the context of current negotiations for a free trade agreement between the EU and Colombia . Spain aims at concluding these negotiations during its EU Presidency the first semester of this year. However, the many existing reservations and criticisms on human rights could slow down the ratification of the agreement by the European Parliament.

Final statement (PDF Document)

Illegal wiretappings constitute main obstruction to Colombian media’s work

The Foundation for the Freedom of the Press (FLIP) presented its annual report on Colombia . In this report, it shows that “The indicator of obstruction to press work dramatically increased as a result of the scandal about illegal wiretapping and surveillance against journalists by the Department of Administrative Security (DAS), the intelligence agency of the Presidency of the Republic. Undoubtedly, this fact was the most serious violation against freedom of the press in 2009.”

Read report in flip.org.co (ES)

Justice for Colombia rejects kidnapping and murder of Caquetá Governor

The Spanish coalition of “Justice for Colombia ” rejects the kidnapping and murder by the FARC of Luis Francisco Cuéllar, Governor of the Caquetá Department. In addition, it calls on the Colombian society and the different armed groups to search for a negotiated solution to the armed conflict with due respect for justice and the rights of victims.

Read Press release in justiciaporcolombia.org (ES)

News from Colombia

OHCHR concerned on judicial proceedings for extrajudicial executions

The Office of the High Commissioner for Human Rights expressed its deep concern about the judicial proceedings for extrajudicial executions of young men from sectors of southern Bogotá. Those crimes have been attributed to members of the Colombian Army. More than 30 of the accused soldiers in those cases were released for procedural reasons. The OHCHR alerts on the threats and attacks against witnesses, relatives of victims and law-enforcement officials and reminds the Government and the judiciary of their obligation to investigate and punish all human rights violations.

Read Press release in hchr.org.co (ES)

DAS: Advances in investigation of G-3 illegal intelligence activities

While investigations by the Attorney General's Office (Fiscalía) are ongoing, the dimensions of the scandal of illegal wiretappings and surveillance by the G-3 against human rights defenders, judges, journalists and political opponents, is coming to light. It is now known that the G-3 was not acting independently from the rest of the DAS and the Government. The former DAS Deputy Director, José Miguel Narváez, one of the accused in this case, would have been recommended for this position by the President of the Republic himself. Meanwhile, the trial of former DAS Director, Jorge Noguera, accused among others of “aggravated homicide” and “conspiracy to engage in criminal conduct”, started. The Office of the Prosecutor will investigate further about which government officials received information from the G-3 and what did the term “offensive intelligence” mean. In its declarations, Jorge Noguera acknowledged that the DAS was handing over information on trade unionists to President Uribe.

Read article in elespectador.com (ES)

“Ideas para la Paz” Foundation: Where is Colombia ’s paramilitarism going?

In a new publication, the Foundation “Ideas para la Paz” ( FI P) analyses the demobilization process of paramilitary groups and the current situation of paramilitarism. Based on this analysis, the FI P could identify the potential risks associated with a third generation of paramilitaries emerged after the demobilization process and linked to drug-trafficking.

Read report in (PDF Document ES) 

Human Rights Watch denounces links of new armed groups with Government and State security forces

Human Rights Watch ( HRW ) published the results of a two-year research in a report entitled “Paramilitaries’ Heirs: The New Face of Violence in Colombia ”. This report reveals the continuing relationship between the new armed groups and the Army, the Police, the Office of the Public Prosecutor and the intelligence services (DAS). Thanks to information transmitted by these official entities to those groups, their members could escape from military operations or arrests. HRW warns about the lack of necessary steps taken by the Government to identify and try the civil servants involved.

Read report in hrw.org