ARBITRARY DETENTION FOCUS OF HUMAN RIGHTS

UNCLAS BOGOTA 001824 SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV PTER KJUS ELAB CO SUBJECT: ARBITRARY DETENTION FOCUS OF HUMAN RIGHTS CERTIFICATION CONSULTATIONS REF: A. BOGOTA 1047 ¶B. BOGOTA 896 SUMMARY -------------- ¶1. Post's biannual certification consultations with human rights groups focused primarily on arbitrary detention. Participants reported the rate of detentions had declined under the new accusatory system. Still, they said the Colombian National Police (CNP) frequently abuse its right to provisionally detain subjects. They alleged the CNP targets vulnerable groups, fails to properly document arrests, and abuses some detainees. End Summary ¶2. On May 27, Post hosted the biannual consultations with human rights groups. As agreed previously with the groups, the discussion focused on issues dealing with arbitrary detention. Attendees included Mauricio Angel, International Crisis Group; Mario Gomez Jimenez, Antonio Restrepo Barco Foundation; Leonardo Reales, CIMARRON; Mauricio Albarracin, Colombian Lawyers Commission (CCJ); Jahel Quiroga Carrillo, Reiniciar; Alberto Yepes, Coordinacion Colombia Europa Estados Unidos (CCEEU); Father Mauricio Garcia, Center for Research and Popular Education (CINEP); Augustin Jimenez, Political Prisoner Solidarity Committee; Father Alvaro Franco, Inter-ecclesiastic Commission for Justice and Peace (Justice and Peace). ARBITRARY DETENTIONS DECLINE UNDER LAW 906 -------------- ¶3. Reiniciar's Quiroga claimed her group documented 2200 cases of arbitrary detention from 2004-2007, down from 6333 cases during the period from 2002-2004. Gomez of Restrepo Barco Foundation linked the reduction in arbitrary detentions to the roll-out of the new accusatory system (Law 906). Still, the groups said arbitrary detention remains a serious concern. URBAN SETTING: IRREGULAR DETENTIONS, TARGETED GROUPS -------------- -------------- ¶4. CCJ's Albarracin claimed provisional detention under Law 906--which grants the CNP the right to detain individuals for up to 36 hours without an arrest warrant in specific cases (for individuals caught in the act of a crime or for those in considered in need of protective custody)--has led to abuse. Father Garcia described various instances of illegal police detention in urban areas involving: harassment of specific groups, detentions based on improper or nonexistent documentation, and detention for more than the legal 36-hour limit. Albarracin said human rights training and directives issued by CNP Commander General Oscar Naranjo has had little impact on police abuses. RURAL SETTING: ARBITRARY DETENTION MORE FREQUENT -------------- -------------- ¶5. Yepes said there is even greater abuse of provisional detention in rural areas, where military detentions are common. He claimed local prosecutors use evidence provided by military intelligence as a basis to arbitrarily detain individuals, and underscored under both the old and new Criminal Procedural Code, intelligence reports are not admissible evidence in court. He reported it is common for arrests to be made the same day a police report is filed, allowing no time to conduct an impartial investigation. He claimed detentions are more frequent in areas where GOC's Center for Coordination and Integrated Action (CCAI) is active. ¶6. Franco and Yepes criticized the use of paid testimony from demobilized combatants, questioning the veracity of such witnesses. Franco described a case of 25 campesinos who were signaled as members of the National Liberation Army (ELN) by a paid informant on March 29 and were detained until April 22 when they were released for lack of evidence. Franco asserted that human rights defenders are at greater risk for arbitrary detention (SEPTEL). OTHER HUMAN RIGHTS CONCERNS: ABUSE AND PRISON CONDITIONS -------------- ¶7. Quiroga cited a case of 18 transsexuals who were raped by members of the CNP and held for more than 36 hours. Another case involved two Bogota youth who were doused with gasoline while improperly detained. In both instances, the CNP failed to complete required documentation. (Note: In the Bogota case, the Station Commander was replaced and four policemen were suspended pending criminal prosecution and disciplinary action.) ¶8. Jimenez of the Political Prisoner Solidarity Committee criticized the state of Colombian prisons, citing overcrowding and inhumane conditions. He said individuals awaiting trial often account for fifty percent of the prison population. Jimenez claimed conditions are even worse for those held for the crime of rebellion, stating they are denied health services, recreation, and benefits provided to other prisoners. Brownfield