13 December 2001 Edition
Colombia's human rights deficit
In an interview with Soledad Galiana, Agustin Jimenez, of the Political Prisoners Solidarity Committee, speaks frankly about human rights abuses in his native Colombia and the prospects for the Colombia 3.
We believe that in Colombia there is not due process or fair trial for anyone. And these three men's situation is not an exception
The Political Prisoners Solidarity Committee, a human rights foundation, was first established in 1973 in Colombia and from then on it has made its main objective the promotion of human rights. Colombia has one of the worst human rights records of any country in the world.
Trade unionists, human right defenders, community leaders, social activists, members of the religious orders and ordinary citizens are being victimised as part of the Colombian conflict.
The work of the Committee is mainly hands-on, providing legal support to those communities, groups or individuals defending themselves against human rights violations carried out against themselves or others in Colombia and/or abroad, by the Colombian establishment.
One of the Foundation's more significant activities is the defence of political prisoners' human rights and the provision of legal advice and representation in court.
Agustin Jimenez, the Committee president, knows about the risks of being a human rights defender in Colombia. More than 35 of his comrades have been murdered by paramilitary/state agents. Many others are living in exile and he has been threatened and has had to leave the country on previous occasions.
AP/RN: Undoubtedly, the Committee's work is really dangerous. In the year 2000, at least three-quarters of the trade unionists killed around the world were murdered in Colombia. In the case of human rights activists, the risks are very much the same. How is it possible to work for human rights in such a scenario?
Agustin Jimenez: The work of the foundation is really difficult, because we work to serve political prisoners, some of them people who were arrested while taking part in armed incursions.
For the last twenty-eight years, we have been autonomous, independent in our criteria and attitudes, marking a difference between our work of defending political prisoners and the reasons why those prisoners have been arrested.
However, the Colombian establishment has always tried to establish links between us and the insurgency organisations (guerrillas). Many of us have been arrested. Some have spent one or two years in jail before the government recognised their innocence and the falsehood of the accusations. They have raided our offices, raped members of the Committee.
The continuous verbal attacks by the government are the cause of attacks against our workers and comrades. Members of the paramilitary groups, in collusion with the security forces, have acted against our members.
In 1990, Doctor Gómez Pedraza was "disappeared". He was the first human rights defender, and member of the Committee, to suffer an attack in the country. His remains have not been found, the case is still open. Today, eleven years after his disappearance, his family and friends are still waiting for justice. Everything points to police and army officers being responsible for his disappearance.
Then, in 1995, Javier Barriga Vergel, was murdered in Cucutá. In 1996 some of our members were arrested - accused of guerrilla activities. After three years in jail, they were released when the government recognised their innocence. The same happened in 1997, and on the same year I was threatened and had to leave the country.
In 1993, some of our comrades, travelling from Medellín to Bogotá were murdered. Three months later two of our members in Cucutá were threatened and they are now living in exile in Spain. We had to close our offices for five months to obtain some security guarantees from the government. It took five months of strenuous negotiations, but we are still living under threat.
Over the last three years more than 35 human rights defenders have been murdered, and many, who are living in exile or have been internally displaced, are unable to continue their work
AP/RN: Recently, the Colombian government put in place a protection programme for human rights defenders that Human Rights Watch has denounced as insufficient and inappropriate. The government points out that they do not have enough money to offer protection to everyone. What is your opinion on this initiative?
AJ: Those protection measures will always be insufficient if the government does not show the political will to put an end to human rights violations.
For example, all last year the political authorities have been criticising our activities. They claim we are members of the guerrilla and that the guerrilla pays our wages. This creates a very difficult security situation for us.
Over the last three years more than 35 human rights defenders have been murdered, and many, who are living in exile or have been internally displaced, are unable to continue their work. The government's solution is to organise protection. But we keep telling them over and over again that the cause of the problem is the lack of political will. We are asking the government to expel from the security forces all those whose relationhip with the paramilitaries has been demonstrated. The UN and the Colombian administration also agreed on this question, but nothing has been done.
We want those members of the administration who try to criminalize our activities, endangering our lives, to be expelled and their activities investigated. But this has never happened.
We are asking for investigation of and punishment against those who have attacked human rights defenders, because this could prevent other people from doing the same, but none of these proposals have been seriously considered by the government. It is ready to offer us bullet-proof cars and bodyguards, but does not contemplate taking any political steps which could put an end to the problem.
On Friday 7 December, the president of the Workers Trade Union (USO) in Cartagena, Aury Sará Marrugo was disappeared (he was found dead together with his chauffeur two days after this interview took place). This demonstrates that all social and community based organisations are suffering the same treatment from Pastrana's government.
AP/RN: One of the key questions in Colombia is the so-called "impunity" - the freedom with which those responsible for attacks against human right defenders, trade unionists and social leaders are allowed to operate. And, in the case of human right abuses carried out by the military, the officer who gave the order is, in some occasions, the judge in the military court where the trial against the abusers is taking place - and so most cases are dismissed. It seems obvious that something is not working in Colombia legal or judicial system when human rights abusers do not even go to trial?
AJ: In 1998, a Supreme Court decision established that all the human rights abuses carried out by members of the security forces had to be brought to civil ordinary courts. Well, nothing has changed. Only a very small number of human rights violations carried out by the security forces have been brought to civil courts. Abusers are not being convicted as these cases are still being taken to the military courts.
In 2000, the National Security Act was passed by the parliament. This legislation is supposedly aimed at strengthening the army capability to confront the guerrilla forces. The reality of it is that most of this legislation is directed at increase the impunity of the army with regard to human rights abuse cases. This confirms that the state is ready to kill the population and finish the social organisations to win this war.
For example, this Act allows for the security forces to keep in custody anyone, as long as they please, without the relevant authority being notified of the arrest. They just have to claim that geographical conditions made notification impossible.
What we understand is that this legislation allows for social and community leaders to be arrested, tortured, badly treated to obtain certain information, to continue with the dirty war this country has been suffering for too many years.
AP/RN: In the case of someone charged with collaboration with, or membership of an insurgent group, are they still being tried in tribunals, in which the identity of the judge, the prosecutor and even the accusation witnesses are kept secret, and the testimonies of the latter are considered as being conclusive?
AJ: There have been some changes in this area of the justice system, if we can call it that. On 29 June 1999, a law was passed modifying, partially, the existing public order legislation in the cases of what we call regional justice. Some offences that were being tried by the regional courts have been transferred to what is called "special justice". The charge of rebellion remains under ordinary courts.
In 1997, the then army commander, Jarrio Bedolla, presented an unconstitutionality demand against article 127 of the Constitution. His idea was that someone charged with rebellion would automatically be charged with the crimes of terrorism and kidnapping, etc, also. We were the only organisation to oppose it and the Constitutional Court gave it the go ahead. So, now, everyone is being judged in the special courts and the sentences are particularly long - up to life imprisonment.
The idea is to criminalize political activities, to get public opinion to change in its attitude towards the insurgency movement - because the public do not feel the same way towards someone who is a member of an insurgency movement as they do for someone charged with kidnapping and terrorism.
So, everyone is judged by the Special courts, which have also suffered some changes. Now we are not confronting "faceless" witnesses, judges and prosecutors, but still there are other obstacles to due process. For example, the period to carry out an investigation into the supposed crime is doubled - usually the investigations go for six months, but for the Special Courts they can take up to a year. The detainees have no right to bail, so once they are charged they spend the year of the investigation in jail. The conditions for the defence are also very difficult.
AP/RN: Do you think that the Colombia 3 will have a fair trial?
AJ: We believe that in Colombia there is not due process or fair trial for anyone. And these three men's situation is not an exception. They will be treated with the same injustice and the same lack of due process that the majority of the detainees in Colombia are suffering.
We also believe that, due to the fact that they are foreigners, there are some aggravating circumstances when dealing with their defence. Among them, the distance between Colombia and Ireland and the difficulties that the families are encountering when trying to intervene in their favour. This has been proven by the Colombian government's decision not to allow the families and lawyers into the demilitarised area to get proof of their innocence. Added to this is the economic and personal burden that the families have to endure.
Other aspect to consider in the case of the three Irish citizens is that the Colombian government and others want to interfere in their defence and use their situation to influence the peace processes that are taking place in both countries. The US government is interfering through its embassy in Colombia. And the Colombian army is also openly and illegally hampering the case.
All this is a further complication for their defence, as they are placed in a disadvantaged position, making due process and proper legal defence in their case impossible.
AP/RN: The United Nations has recently carried out an investigation into the conditions of Colombian jails and has condemned them. We learned that after the three Irishmen were transferred finally from the detention centre La Dijin to La Picota jail, they had to be transferred back when a loaded gun was found in an adjacent cell. How is the situation of political prisoners and of the Colombia 3 right now?
AJ: The situation in Colombian jails is very serious and this is recognised at international level. The overcrowding is one of the main problems. The dignity and human rights of the prisoners are being threatened and the conditions are awful. The presence of paramilitary elements in the prisons, which have been placed in the jails to wage a war against the political prisoners, is causing an increase in the number of deaths.
This could give you an idea of the difficulties faced by the three Irish citizens. To guarantee their security, the Colombian army has compromised their dignity and human rights, pushing them to physical and psychological extremes because, although the detention centre where they are is secure, it lacks the minimum conditions for an extended detention period.
We believe that in Colombia there is not due process or fair trial for anyone. And these three men's situation is not an exception
The Political Prisoners Solidarity Committee, a human rights foundation, was first established in 1973 in Colombia and from then on it has made its main objective the promotion of human rights. Colombia has one of the worst human rights records of any country in the world.
Trade unionists, human right defenders, community leaders, social activists, members of the religious orders and ordinary citizens are being victimised as part of the Colombian conflict.
The work of the Committee is mainly hands-on, providing legal support to those communities, groups or individuals defending themselves against human rights violations carried out against themselves or others in Colombia and/or abroad, by the Colombian establishment.
One of the Foundation's more significant activities is the defence of political prisoners' human rights and the provision of legal advice and representation in court.
Agustin Jimenez, the Committee president, knows about the risks of being a human rights defender in Colombia. More than 35 of his comrades have been murdered by paramilitary/state agents. Many others are living in exile and he has been threatened and has had to leave the country on previous occasions.
AP/RN: Undoubtedly, the Committee's work is really dangerous. In the year 2000, at least three-quarters of the trade unionists killed around the world were murdered in Colombia. In the case of human rights activists, the risks are very much the same. How is it possible to work for human rights in such a scenario?
Agustin Jimenez: The work of the foundation is really difficult, because we work to serve political prisoners, some of them people who were arrested while taking part in armed incursions.
For the last twenty-eight years, we have been autonomous, independent in our criteria and attitudes, marking a difference between our work of defending political prisoners and the reasons why those prisoners have been arrested.
However, the Colombian establishment has always tried to establish links between us and the insurgency organisations (guerrillas). Many of us have been arrested. Some have spent one or two years in jail before the government recognised their innocence and the falsehood of the accusations. They have raided our offices, raped members of the Committee.
The continuous verbal attacks by the government are the cause of attacks against our workers and comrades. Members of the paramilitary groups, in collusion with the security forces, have acted against our members.
In 1990, Doctor Gómez Pedraza was "disappeared". He was the first human rights defender, and member of the Committee, to suffer an attack in the country. His remains have not been found, the case is still open. Today, eleven years after his disappearance, his family and friends are still waiting for justice. Everything points to police and army officers being responsible for his disappearance.
Then, in 1995, Javier Barriga Vergel, was murdered in Cucutá. In 1996 some of our members were arrested - accused of guerrilla activities. After three years in jail, they were released when the government recognised their innocence. The same happened in 1997, and on the same year I was threatened and had to leave the country.
In 1993, some of our comrades, travelling from Medellín to Bogotá were murdered. Three months later two of our members in Cucutá were threatened and they are now living in exile in Spain. We had to close our offices for five months to obtain some security guarantees from the government. It took five months of strenuous negotiations, but we are still living under threat.
Over the last three years more than 35 human rights defenders have been murdered, and many, who are living in exile or have been internally displaced, are unable to continue their work
AP/RN: Recently, the Colombian government put in place a protection programme for human rights defenders that Human Rights Watch has denounced as insufficient and inappropriate. The government points out that they do not have enough money to offer protection to everyone. What is your opinion on this initiative?
AJ: Those protection measures will always be insufficient if the government does not show the political will to put an end to human rights violations.
For example, all last year the political authorities have been criticising our activities. They claim we are members of the guerrilla and that the guerrilla pays our wages. This creates a very difficult security situation for us.
Over the last three years more than 35 human rights defenders have been murdered, and many, who are living in exile or have been internally displaced, are unable to continue their work. The government's solution is to organise protection. But we keep telling them over and over again that the cause of the problem is the lack of political will. We are asking the government to expel from the security forces all those whose relationhip with the paramilitaries has been demonstrated. The UN and the Colombian administration also agreed on this question, but nothing has been done.
We want those members of the administration who try to criminalize our activities, endangering our lives, to be expelled and their activities investigated. But this has never happened.
We are asking for investigation of and punishment against those who have attacked human rights defenders, because this could prevent other people from doing the same, but none of these proposals have been seriously considered by the government. It is ready to offer us bullet-proof cars and bodyguards, but does not contemplate taking any political steps which could put an end to the problem.
On Friday 7 December, the president of the Workers Trade Union (USO) in Cartagena, Aury Sará Marrugo was disappeared (he was found dead together with his chauffeur two days after this interview took place). This demonstrates that all social and community based organisations are suffering the same treatment from Pastrana's government.
AP/RN: One of the key questions in Colombia is the so-called "impunity" - the freedom with which those responsible for attacks against human right defenders, trade unionists and social leaders are allowed to operate. And, in the case of human right abuses carried out by the military, the officer who gave the order is, in some occasions, the judge in the military court where the trial against the abusers is taking place - and so most cases are dismissed. It seems obvious that something is not working in Colombia legal or judicial system when human rights abusers do not even go to trial?
AJ: In 1998, a Supreme Court decision established that all the human rights abuses carried out by members of the security forces had to be brought to civil ordinary courts. Well, nothing has changed. Only a very small number of human rights violations carried out by the security forces have been brought to civil courts. Abusers are not being convicted as these cases are still being taken to the military courts.
In 2000, the National Security Act was passed by the parliament. This legislation is supposedly aimed at strengthening the army capability to confront the guerrilla forces. The reality of it is that most of this legislation is directed at increase the impunity of the army with regard to human rights abuse cases. This confirms that the state is ready to kill the population and finish the social organisations to win this war.
For example, this Act allows for the security forces to keep in custody anyone, as long as they please, without the relevant authority being notified of the arrest. They just have to claim that geographical conditions made notification impossible.
What we understand is that this legislation allows for social and community leaders to be arrested, tortured, badly treated to obtain certain information, to continue with the dirty war this country has been suffering for too many years.
AP/RN: In the case of someone charged with collaboration with, or membership of an insurgent group, are they still being tried in tribunals, in which the identity of the judge, the prosecutor and even the accusation witnesses are kept secret, and the testimonies of the latter are considered as being conclusive?
AJ: There have been some changes in this area of the justice system, if we can call it that. On 29 June 1999, a law was passed modifying, partially, the existing public order legislation in the cases of what we call regional justice. Some offences that were being tried by the regional courts have been transferred to what is called "special justice". The charge of rebellion remains under ordinary courts.
In 1997, the then army commander, Jarrio Bedolla, presented an unconstitutionality demand against article 127 of the Constitution. His idea was that someone charged with rebellion would automatically be charged with the crimes of terrorism and kidnapping, etc, also. We were the only organisation to oppose it and the Constitutional Court gave it the go ahead. So, now, everyone is being judged in the special courts and the sentences are particularly long - up to life imprisonment.
The idea is to criminalize political activities, to get public opinion to change in its attitude towards the insurgency movement - because the public do not feel the same way towards someone who is a member of an insurgency movement as they do for someone charged with kidnapping and terrorism.
So, everyone is judged by the Special courts, which have also suffered some changes. Now we are not confronting "faceless" witnesses, judges and prosecutors, but still there are other obstacles to due process. For example, the period to carry out an investigation into the supposed crime is doubled - usually the investigations go for six months, but for the Special Courts they can take up to a year. The detainees have no right to bail, so once they are charged they spend the year of the investigation in jail. The conditions for the defence are also very difficult.
AP/RN: Do you think that the Colombia 3 will have a fair trial?
AJ: We believe that in Colombia there is not due process or fair trial for anyone. And these three men's situation is not an exception. They will be treated with the same injustice and the same lack of due process that the majority of the detainees in Colombia are suffering.
We also believe that, due to the fact that they are foreigners, there are some aggravating circumstances when dealing with their defence. Among them, the distance between Colombia and Ireland and the difficulties that the families are encountering when trying to intervene in their favour. This has been proven by the Colombian government's decision not to allow the families and lawyers into the demilitarised area to get proof of their innocence. Added to this is the economic and personal burden that the families have to endure.
Other aspect to consider in the case of the three Irish citizens is that the Colombian government and others want to interfere in their defence and use their situation to influence the peace processes that are taking place in both countries. The US government is interfering through its embassy in Colombia. And the Colombian army is also openly and illegally hampering the case.
All this is a further complication for their defence, as they are placed in a disadvantaged position, making due process and proper legal defence in their case impossible.
AP/RN: The United Nations has recently carried out an investigation into the conditions of Colombian jails and has condemned them. We learned that after the three Irishmen were transferred finally from the detention centre La Dijin to La Picota jail, they had to be transferred back when a loaded gun was found in an adjacent cell. How is the situation of political prisoners and of the Colombia 3 right now?
AJ: The situation in Colombian jails is very serious and this is recognised at international level. The overcrowding is one of the main problems. The dignity and human rights of the prisoners are being threatened and the conditions are awful. The presence of paramilitary elements in the prisons, which have been placed in the jails to wage a war against the political prisoners, is causing an increase in the number of deaths.
This could give you an idea of the difficulties faced by the three Irish citizens. To guarantee their security, the Colombian army has compromised their dignity and human rights, pushing them to physical and psychological extremes because, although the detention centre where they are is secure, it lacks the minimum conditions for an extended detention period.