AUGUST HUMAN RIGHTS UPDATE: EXTRAJUDICIAL KILLINGS

C O N F I D E N T I A L BOGOTA 003279

SIPDIS

E.O. 12958: DECL: 11/22/2016
TAGS: PHUM PGOV KJUS CO
SUBJECT: AUGUST HUMAN RIGHTS UPDATE: EXTRAJUDICIAL KILLINGS
A CONCERN, PROGRESS IN CASES

REF: BOGOTA 3084

Classified By: Political Counselor John S. Creamer. Reason: 1.4(b,d)

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SUMMARY
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1. (C) The UN High Commissioner on Human Rights (UNHCHR)
office in Medellin praised the GOC's commitment to end
extrajudicial killings, but said it remains a problem on the
ground. The Defense Ministry committee set up to address
such killings reported 112 alleged victims in 2007, but human
right groups and UNHCHR claim higher numbers. A local group
claims 67 homosexuals were killed in 2006-2007, with 22 more
murdered so far in 2008. We continue to press for progress
in GOC investigations of break-ins into various human rights
groups' offices. Justice and Peace (Justicia y Paz) received
threats from the criminal group "Aguilas Negras"; we are
working with the GOC on additional security. Former
paramilitary "Don Antonio" was convicted of the murder of
three unionists and a sociologist. The former Huila Assembly
president was convicted for the 1998 murder of a journalist.
The Inspector General's office (Procuraduria) ordered the
dismissal of the Special Forces Brigade Commander for his
role in the murder of three unionists in 2004. END SUMMARY.

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DESPITE PROGRESS, EXTRAJUDICIAL
KILLINGS REMAIN A CONCERN
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2. (C) UNHCHR Medellin office director Felipe Sanchez
praised the GOC's commitment to end extrajudicial killings,
but said such killings continue to occur. UNHCHR registered
14 alleged extrajudicial killings in the first six months of
this year in Antioquia and Cordoba, up from 13 during the
same period last year. All of the reported killings were
attributed to the Army, with most committed by the 14th
Brigade which operates in eastern Antioquia around Segovia,
Remedios and Puerto Berrio. Sanchez said in some cases
military units have used demobilized paramilitaries or FARC
to commit the murders. In other cases, they have used
demobilized fighters to recruit the victims. In eastern
Antioquia, the UNHCHR also continues to receive reports of
the Army using demobilized FARC or paramilitaries on patrols,
and also as members of voluntary informant networks (redes de
cooperantes). The MOD has banned both of these practices.


3. (C) Presidential Program on Human Rights director Carlos
Franco told us that the Directive 10 committee met on August
13 and reached agreement with the UNHCHR, Defense Ministry,
and Prosecutor General's Office (Fiscalia) on a common set of
numbers of alleged extrajudicial killings. These figures
show 38 alleged victims so far in 2008, as well as 112
victims in 2007. Franco said the committee also agreed to
create a database of seized weapons to prevent military
personnel from planting the same weapon on victims at the
scene of alleged combat deaths; set up a subgroup to respond
to individual and human rights groups' complaints on
killings; select some emblematic cases to follow through to
conclusion; and to classify complaints by case type (i.e.
criminal intent, violation of ROEs, excessive force, etc.) to
better identify the causes of the problem. Despite Franco's
assertion, UNHCHR later told us they do not completely agree
with the GOC's numbers. Human rights groups claim much
higher numbers than those of the GOC.

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REPORT FOCUSES ON VIOLENCE
AGAINST HOMOSEXUAL COMMUNITIES
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4. (U) Colombia Diversa, a Colombian human rights group
focusing on gay, lesbian, bisexual and transgender (GLBT)
issues, released its bi-annual report on violence against
homosexuals on August 27. The report documents 67
individuals killed due to their sexual preference in
2006-2007. So far in 2008, the group reports 22 deaths. 31%
of the murders occurred in Cali. The report says the
overwhelming number of victims of violence are transgender
individuals involved in prostitution. Police abuse is
reported in 31 cases. Of these, only three are under
criminal investigation, with six in the disciplinary system.
The group also cites high levels of prison violence against
homosexuals by guards and other prisoners. The report

highlights advances, such as the recent Constitutional court
decision extending health and pension benefits to same sex
couples, but criticizes societal discrimination against GLBTs
and the lack of a public policy to protect their rights.

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NEW AND OLD THREATS TO HUMAN RIGHTS GROUPS
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5. (C) Some human rights groups claim that various break-ins
and robberies of human rights defenders dating from last year
were conducted by military intelligence. We raised their
concerns with Army Commander General Mario Montoya who agreed
to look into the charges. He also asked for specific
information on the various incidents. We will continue to
raise this issue with senior GOC officials (reftel).


6. (SBU) We received calls on August 24th and 25th from
local human rights group Justice and Peace (Justicia y Paz)
and international human rights group Peace Brigades
International (PBI) about threats to their field and Bogota
offices by the "Aguilas Negras" criminal group. The threats
centered on the groups' work in the Curvarado/Jiguimiando
area. We contacted the military and police, who immediately
provided additional security to the groups. We also reached
out to the police and Fiscalia to support PBI's call for an
investigation of the threats.

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LABOR CASE REVELATIONS
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7. (U) Edgar I. Fierro (Don Antonio) was sentenced to 25
years in prison for the murder of three union members in the
department of Atlantico in 2003. Fierro, captured in 2006,
was convicted by the Tribunal in Bogota. Fierro was also
sentenced separately to 42 years in prison for the murder of
Alfredo Correa de Andreis, a sociologist killed in 2004.
Fierro has also admitted to prosecutors of the Justice and
Peace unit in Barranquilla that in 2004 he ordered the
assassination of Jose Humberto Torres, a well-known human
rights lawyer who works with the Committee of Solidarity with
Political Prisoners (CSPP). Torres has been granted
protective measures by the GOC. Fierro is also under
investigation for other murders.

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CONVICTION IN PRESS MURDER
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8. (U) Carlos Augusto Rojas Diaz, former president of the
Departmental Assembly in Huila department, was arrested on
August 26 for the murder of journalist Nelson Carvajal.
Rojas Diaz was originally absolved of the crime in 2000,
along with former Pitalito Mayor Fernando Bermudez and former
Neiva Education Secretary Ramiro Falla. The trial court's
ruling was upheld on appeal. The Fiscalia's Human Rights
unit re-opened their investigation into the murder in 2005.
Caravjal was killed in 1998 after publishing a story on local
government corruption. The Fiscalia has also brought murder
charges against two members of the FARC, Giovanni Molano
Bonilla and Franklyn Gonzalez Ramirez.

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PROCURADURIA ORDERS DISMISSAL OF
SPECIAL FORCES BRIGADE COMMANDER
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9. (C) The Procuraduria ordered the dismissal of Special
Forces Brigade Commander Colonel Medina Corredor--as well as
Captains Luis Castillo and Hiznardo Bravo and sub-lieutenant
Juan Ordonez--from the Armed Forces on August 31 due to their
involvement in the murders of three union members in Arauca
on August 3, 2004. The Procuraduria found that Medina
exceeded his authority in approving the military operation
whose objective was to kill, not capture, the three
unionists. The disciplinary body also determined that the
military officials later approved a cover-up to disguise the
murders as deaths in combat. The Procuraduria has forwarded
its evidence to the Fiscalia which will decide whether to
bring criminal charges against the officers. We halted U.S.
assistance to the Special Forces Brigade in July pending GOC
action against Medina.
BROWNFIELD