Identifier
Created
Classification
Origin
09BOGOTA3365
2009-11-13 14:57:00
CONFIDENTIAL
Embassy Bogota
Cable title:
OCTOBER HUMAN RIGHTS UPDATE
how-toVZCZCXYZ0000 RR RUEHWEB DE RUEHBO #3365/01 3171457 ZNY CCCCC ZZH R 131457Z NOV 09 FM AMEMBASSY BOGOTA TO RUEHC/SECSTATE WASHDC 0834 INFO RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RHMFISS/DEPT OF JUSTICE WASHINGTON DC RHMFISS/HQ USSOUTHCOM MIAMI FL RUCNFB/FBI WASHINGTON DC RUEAIIA/CIA WASHINGTON DC RUEHBO/AMEMBASSY BOGOTA RUEHC/DEPT OF LABOR WASHINGTON DC RUEHCV/AMEMBASSY CARACAS 0668 RUEHGL/AMCONSUL GUAYAQUIL RUEHLP/AMEMBASSY LA PAZ RUEHPE/AMEMBASSY LIMA RUEHQT/AMEMBASSY QUITO RUEHZP/AMEMBASSY PANAMA RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L BOGOTA 003365
SIPDIS
E.O. 12958: DECL: 2019/11/13
TAGS: PHUM KJUS PGOV PTER ELAB MOPS CO
SUBJECT: OCTOBER HUMAN RIGHTS UPDATE
REF: REF A: 08BOGOTA3686
CLASSIFIED BY: Mark A Wells, Political Counselor; REASON: 1.4(B),(D)
SUMMARY
-------
C O N F I D E N T I A L BOGOTA 003365
SIPDIS
E.O. 12958: DECL: 2019/11/13
TAGS: PHUM KJUS PGOV PTER ELAB MOPS CO
SUBJECT: OCTOBER HUMAN RIGHTS UPDATE
REF: REF A: 08BOGOTA3686
CLASSIFIED BY: Mark A Wells, Political Counselor; REASON: 1.4(B),(D)
SUMMARY
--------------
1. (C) On October 26, the DCM addressed a labor event and conveyed
the USG's strong support for the work of labor leaders and other
activists. The Prosecutor General's Office obtained convictions
and issued arrest warrants in cases involving military
extrajudicial executions and paramilitary massacres. A Sincelejo
court ordered the GOC to make reparations payments for the 2001
Chengue massacre. The Meta Human Rights Ombudsman reports military
operations continue to violate International Humanitarian Law.
Threats and attacks on human rights activists continue to rise.
End Summary.
DCM ADDRESSES UNION EVENT
--------------
2. (U) On October 26, the Deputy Chief of Mission gave remarks at
an AFL-CIO ceremony in Bogota honoring human rights attorney
Yessika Hoyos Morales, the daughter of Colombian trade union leader
Darios Hoyos Franco who was assassinated for his union activism in
March 2001. The DCM highlighted the essential role unions play in
healthy, democratic societies. He applauded the contributions of
the AFL-CIO to workers' rights in the United States and
internationally, and expressed USG support for ongoing efforts to
end impunity for violence against labor leaders, human rights
defenders, and social activists.
FISCALIA ADVANCES CASES OF EXTRAJUDICIAL KILLINGS...
-------------- --------------
3. (U) Six members of the army were each sentenced to 19 years in
prison for the August 2006 murder of Douglas Antonio Perez Sibaja
in Puerto Asis, Putumayo.
4. (U) The Prosecutor General's Office (Fiscalia) ordered the
preventive detention of 15 members --including a Coronel, Major,
Captain, Lieutenant, Corporal, and 10 professional soldiers-- of
the anti-guerilla unit "Los Aniquiladores" ("The Annihilators") of
the 14th Brigade's Calibio Batallion in Cimitarra, Santander for
two January 2008 "false positive" (military murders presented as
combat kills) crimes. The defense has threatened counter-suits.
5. (U) Former United Self-Defense Forces of Colombia (AUC) member
Jose Dionisio Ramos Castillo, alias Joselito Carnaval, was
convicted for recruiting 14 victims in three separate "false
positive" crimes. Ramos received 22 years for recruiting the 11
victims of the July 2007 Toluviejo murders (REF A); 17 years for
recruiting two victims who were murdered in Galeras, Sucre, in
November 2007; and 20 years for recruiting a victim killed in San
Benito Abad, Sucre, also in November 2007.
...AND PARAMILITARY MURDERS
--------------
6. (U) AUC leader and fugitive Rodrigo Mercado Pelufo, alias
Cadena, was sentenced in absentia to 40 years for involvement in
the October 2000 Macayepo massacre of 15 people in Montes de Maria,
Bolivar. Former AUC leader Uber Enrique Banquez Martinez, alias
Juancho Dique, admitted guilt for the February 2000 El Salado,
Bolivar, massacre of 38 people. Former AUC member Robinson Solano
Gonzalez was sentenced to 16 years in prison for the March 2000
death of COLTABACO unionist Ciro Arias Blanco in Capitanejo,
Santander. Former AUC member Edgar Ignacio Fierro Florez, alias
Don Antonio, was sentenced to 19 years for the May 2005 murder of
former Electrocaribe union president Adan Alberto Pacheco Rodriguez
in Barranquilla.
COURT RULES GOC MUST PAY CHENGUE VICTIMS
--------------
7. (U) On October 5, the Fourth Administrative Circuit Court of
Sincelejo ordered the GOC to pay 2.5 billion pesos ($1.25 million)
to the families of the AUC's 27 victims in the 2001 Chengue
massacre.
META OMBUDSMAN HEARS HUMAN RIGHTS RHETORIC,
BUT SEES NO APPLICATION
--------------
8. (C) Eduardo Gonzalez Pardo, Human Rights Ombudsman for Meta
Department, told Polcouns October 7 that the Revolutionary Armed
Forces of Colombia (FARC) had changed strategy in southern Meta by
using small groups to exert influence over livelihoods, mainly by
threats, forced sales of land and cattle, forced displacements and
illegal road check points. Gonzalez said human rights reforms by
the Ministry of Defense had not filtered down to the field, noting
that the army continued to commit violations of International
Humanitarian Law (IHL),such as carelessly killing civilians during
engagements with the FARC, forcing the population to provide food
and lodging to troops, and denying food deliveries to areas
believed to be under FARC control. On this last point, Gonzalez
said his complaint to the area commander was answered with an
argument that the army's action was consistent with provisions in
the Geneva Convention. Gonzalez said the legal citation was
incorrect, but noted it was the first time he had witnessed the
army attempt to apply IHL and chalked it up to the innovation of
operational lawyers being assigned to field commanders.
THREATS AND ATTACKS AGAINST ACTIVISTS
--------------
9. (C) Human Rights lawyer Mario Montes de Oca of the Committee for
Families and Victims (COMFAVIC) --which handles over 4,000 land
tenure cases for paramilitary and guerilla victims-- was shot three
times on October 1 in Monteria, Cordoba; a COMFAVIC messenger died
in the attack. Another COMFAVIC lawyer, Ana Isabel Gomez Perez,
was killed in April 2009. Montes told us on October 22 that
COMFAVIC had received repeated threats and had applied for a
protection scheme through the Ministry of Interior and Justice
three times since 2007, including immediately after the murder of
Gomez Perez; each time the request was denied.
10. (U) Islena Rey Rodriguez, Director of the Civic Committee for
Human Rights in Meta, was shot and wounded on October 17 when a
gunman on a river bank fired at a procession of small boats
carrying community leaders. While initial press reports attributed
the attack to the FARC, Astrid Quintano, Deputy Director, told us
October 20 that the NGO had not received threats and they were wary
of ascribing the attack to a particular group. Rey Rodriguez is a
surviving member of the Patriotic Union (UP),the FARC's failed
political party whose members were massacred by paramilitaries.
Rey Rodriguez is a surviving member of the Patriotic Union (UP),
the FARC's failed political party whose members were massacred by
paramilitaries.
11. (U) In Narino, the criminal group "Los Rastrojos" issued a
pamphlet claiming certain NGOs and international organizations were
working with the FARC and would therefore be considered military
targets. The groups included the United Nations Development
Program, think tank Nuevo Arco Iris, Movement for Victims of Crimes
of the State (MOVICE),Departmental Committee for Human Rights,
FUNDEPAZ, Tumaco Pastoral Council, UNIPA, CAMAWARI, and Pastos
School.
12. (C) Syndicated journalist Victor Diusaba told us October 27
that armed men had threatened his minor son. Diusaba cited a
similar incident involving Caracol radio announcer Rodrigo Silva's
son who was warned to tell his father to stop his investigative
reporting. On October 29, MOVICE Sucre Director Ingrid Vergara
publicly denounced threats against her work that were issued to her
14-year-old daughter.
UNION LEADER LOSES INDIVIDUAL PROTECTION SCHEME
-------------- --
13. (C) SINTRAMIENERGETICA union leader Raul Sosa Avellanda told us
on October 9 that his individual protection scheme had been
cancelled. Poloff raised this issue with Ministry of Interior and
Justice Protection Program Director Luz Stella Moncada, who said
that Sosa's level of risk had been determined to have decreased,
and Sosa was placed in a collective protection scheme for the top
SINTRAMIENERGETICA leaders, which provides protection to the
union's office. Poloff noted that Sosa is a witness in a new
investigation into Drummond executives, and argued his situation
likely merits individual protection.
VIOLENCE PLAGUES AWA COMMUNITY
--------------
14. (U) On October 28 in Guayacana, Narino, unknown assailants
killed four Awa men who were attending the wake of an Awa man
killed in a drive-by shooting. According to the National
Indigenous Organization of Colombia (ONIC),the Awa represent 50%
of all indigenous killed this year.
BROWNFIELD
SIPDIS
E.O. 12958: DECL: 2019/11/13
TAGS: PHUM KJUS PGOV PTER ELAB MOPS CO
SUBJECT: OCTOBER HUMAN RIGHTS UPDATE
REF: REF A: 08BOGOTA3686
CLASSIFIED BY: Mark A Wells, Political Counselor; REASON: 1.4(B),(D)
SUMMARY
--------------
1. (C) On October 26, the DCM addressed a labor event and conveyed
the USG's strong support for the work of labor leaders and other
activists. The Prosecutor General's Office obtained convictions
and issued arrest warrants in cases involving military
extrajudicial executions and paramilitary massacres. A Sincelejo
court ordered the GOC to make reparations payments for the 2001
Chengue massacre. The Meta Human Rights Ombudsman reports military
operations continue to violate International Humanitarian Law.
Threats and attacks on human rights activists continue to rise.
End Summary.
DCM ADDRESSES UNION EVENT
--------------
2. (U) On October 26, the Deputy Chief of Mission gave remarks at
an AFL-CIO ceremony in Bogota honoring human rights attorney
Yessika Hoyos Morales, the daughter of Colombian trade union leader
Darios Hoyos Franco who was assassinated for his union activism in
March 2001. The DCM highlighted the essential role unions play in
healthy, democratic societies. He applauded the contributions of
the AFL-CIO to workers' rights in the United States and
internationally, and expressed USG support for ongoing efforts to
end impunity for violence against labor leaders, human rights
defenders, and social activists.
FISCALIA ADVANCES CASES OF EXTRAJUDICIAL KILLINGS...
-------------- --------------
3. (U) Six members of the army were each sentenced to 19 years in
prison for the August 2006 murder of Douglas Antonio Perez Sibaja
in Puerto Asis, Putumayo.
4. (U) The Prosecutor General's Office (Fiscalia) ordered the
preventive detention of 15 members --including a Coronel, Major,
Captain, Lieutenant, Corporal, and 10 professional soldiers-- of
the anti-guerilla unit "Los Aniquiladores" ("The Annihilators") of
the 14th Brigade's Calibio Batallion in Cimitarra, Santander for
two January 2008 "false positive" (military murders presented as
combat kills) crimes. The defense has threatened counter-suits.
5. (U) Former United Self-Defense Forces of Colombia (AUC) member
Jose Dionisio Ramos Castillo, alias Joselito Carnaval, was
convicted for recruiting 14 victims in three separate "false
positive" crimes. Ramos received 22 years for recruiting the 11
victims of the July 2007 Toluviejo murders (REF A); 17 years for
recruiting two victims who were murdered in Galeras, Sucre, in
November 2007; and 20 years for recruiting a victim killed in San
Benito Abad, Sucre, also in November 2007.
...AND PARAMILITARY MURDERS
--------------
6. (U) AUC leader and fugitive Rodrigo Mercado Pelufo, alias
Cadena, was sentenced in absentia to 40 years for involvement in
the October 2000 Macayepo massacre of 15 people in Montes de Maria,
Bolivar. Former AUC leader Uber Enrique Banquez Martinez, alias
Juancho Dique, admitted guilt for the February 2000 El Salado,
Bolivar, massacre of 38 people. Former AUC member Robinson Solano
Gonzalez was sentenced to 16 years in prison for the March 2000
death of COLTABACO unionist Ciro Arias Blanco in Capitanejo,
Santander. Former AUC member Edgar Ignacio Fierro Florez, alias
Don Antonio, was sentenced to 19 years for the May 2005 murder of
former Electrocaribe union president Adan Alberto Pacheco Rodriguez
in Barranquilla.
COURT RULES GOC MUST PAY CHENGUE VICTIMS
--------------
7. (U) On October 5, the Fourth Administrative Circuit Court of
Sincelejo ordered the GOC to pay 2.5 billion pesos ($1.25 million)
to the families of the AUC's 27 victims in the 2001 Chengue
massacre.
META OMBUDSMAN HEARS HUMAN RIGHTS RHETORIC,
BUT SEES NO APPLICATION
--------------
8. (C) Eduardo Gonzalez Pardo, Human Rights Ombudsman for Meta
Department, told Polcouns October 7 that the Revolutionary Armed
Forces of Colombia (FARC) had changed strategy in southern Meta by
using small groups to exert influence over livelihoods, mainly by
threats, forced sales of land and cattle, forced displacements and
illegal road check points. Gonzalez said human rights reforms by
the Ministry of Defense had not filtered down to the field, noting
that the army continued to commit violations of International
Humanitarian Law (IHL),such as carelessly killing civilians during
engagements with the FARC, forcing the population to provide food
and lodging to troops, and denying food deliveries to areas
believed to be under FARC control. On this last point, Gonzalez
said his complaint to the area commander was answered with an
argument that the army's action was consistent with provisions in
the Geneva Convention. Gonzalez said the legal citation was
incorrect, but noted it was the first time he had witnessed the
army attempt to apply IHL and chalked it up to the innovation of
operational lawyers being assigned to field commanders.
THREATS AND ATTACKS AGAINST ACTIVISTS
--------------
9. (C) Human Rights lawyer Mario Montes de Oca of the Committee for
Families and Victims (COMFAVIC) --which handles over 4,000 land
tenure cases for paramilitary and guerilla victims-- was shot three
times on October 1 in Monteria, Cordoba; a COMFAVIC messenger died
in the attack. Another COMFAVIC lawyer, Ana Isabel Gomez Perez,
was killed in April 2009. Montes told us on October 22 that
COMFAVIC had received repeated threats and had applied for a
protection scheme through the Ministry of Interior and Justice
three times since 2007, including immediately after the murder of
Gomez Perez; each time the request was denied.
10. (U) Islena Rey Rodriguez, Director of the Civic Committee for
Human Rights in Meta, was shot and wounded on October 17 when a
gunman on a river bank fired at a procession of small boats
carrying community leaders. While initial press reports attributed
the attack to the FARC, Astrid Quintano, Deputy Director, told us
October 20 that the NGO had not received threats and they were wary
of ascribing the attack to a particular group. Rey Rodriguez is a
surviving member of the Patriotic Union (UP),the FARC's failed
political party whose members were massacred by paramilitaries.
Rey Rodriguez is a surviving member of the Patriotic Union (UP),
the FARC's failed political party whose members were massacred by
paramilitaries.
11. (U) In Narino, the criminal group "Los Rastrojos" issued a
pamphlet claiming certain NGOs and international organizations were
working with the FARC and would therefore be considered military
targets. The groups included the United Nations Development
Program, think tank Nuevo Arco Iris, Movement for Victims of Crimes
of the State (MOVICE),Departmental Committee for Human Rights,
FUNDEPAZ, Tumaco Pastoral Council, UNIPA, CAMAWARI, and Pastos
School.
12. (C) Syndicated journalist Victor Diusaba told us October 27
that armed men had threatened his minor son. Diusaba cited a
similar incident involving Caracol radio announcer Rodrigo Silva's
son who was warned to tell his father to stop his investigative
reporting. On October 29, MOVICE Sucre Director Ingrid Vergara
publicly denounced threats against her work that were issued to her
14-year-old daughter.
UNION LEADER LOSES INDIVIDUAL PROTECTION SCHEME
-------------- --
13. (C) SINTRAMIENERGETICA union leader Raul Sosa Avellanda told us
on October 9 that his individual protection scheme had been
cancelled. Poloff raised this issue with Ministry of Interior and
Justice Protection Program Director Luz Stella Moncada, who said
that Sosa's level of risk had been determined to have decreased,
and Sosa was placed in a collective protection scheme for the top
SINTRAMIENERGETICA leaders, which provides protection to the
union's office. Poloff noted that Sosa is a witness in a new
investigation into Drummond executives, and argued his situation
likely merits individual protection.
VIOLENCE PLAGUES AWA COMMUNITY
--------------
14. (U) On October 28 in Guayacana, Narino, unknown assailants
killed four Awa men who were attending the wake of an Awa man
killed in a drive-by shooting. According to the National
Indigenous Organization of Colombia (ONIC),the Awa represent 50%
of all indigenous killed this year.
BROWNFIELD