Interim Report - Report No 353, March 2009

Case No 1787 (Colombia) - Complaint date: 28-JUN-94 - Follow-up

Allegations: Murders and other acts of violence against trade union leaders and trade unionists

1. 469. The Committee last examined this case at its November 2007 meeting [see 348th Report, paras 231–287, approved by the Governing Body at its 300th Session, November 2007]. The International Trade Union Confederation (ITUC) sent new allegations in communications dated 15 November 2007 and 19 March 2008. The World Federation of Trade Unions (WFTU) sent new allegations in communications dated 27 November 2007, 25 April and 25 June 2008. The Single Confederation of Workers of Colombia (CUT), the General Confederation of Workers (CGT) and the Confederation of Workers of Colombia (CTC) sent new allegations in a communication dated 12 June 2008. The Union of Public Employees of Sena (SINDESENA) sent new allegations in communications dated 23 January and 21 May 2008. The Telecommunications Company Workers’ Union (SINTRATELEFONOS) sent new allegations in a communication dated 2 June 2008. The ITUC sent new allegations in a communication dated 4 March 2009.
2. 470. The Government sent its observations in communications dated January, 7 and 21 May, July and 22 August 2008, and 13 February 2009.
3. 471. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 472. At its session of November 2007, the Committee considered it necessary to draw the special attention of the Governing Body to this case because of the extreme seriousness and urgency of the matters dealt with therein and made the following recommendations concerning the outstanding allegations, which related chiefly to acts of violence against trade unionists [see 348th Report, paras 4 and 287]:
   • (a) In general, the Committee considers that in view of the persistence of acts of violence of which trade union leaders and members are the victims in the exercise of their functions, the situation is extremely grave;
   • (b) With regard to the progress of the investigations and the information provided by the Office of the Public Prosecutor and the Government, the Committee takes note of certain encouraging steps taken such as the creation of a sub-unit for trade union matters and expects that the measures adopted will lead to positive outcomes in a greater number of investigations, which should cover both the 128 pre-selected cases, as well as the other existing cases, and it urges the Government to provide it with detailed information on the progress made in each of the investigations under way, where they relate to trade union victims, on those responsible for such acts, particularly in the case that they are specific armed groups, and on their motives, and that it will continue to take all the necessary measures to bring an end to the intolerable situation of impunity;
   • (c) In relation to the alleged links between the DAS and paramilitary groups, the Committee asks the complainant organizations to send information concerning the link between these allegations and the questions dealt with in this case and requests the Government to take all the necessary measures to ensure that, in the context of the investigations that are being undertaken by the Public Prosecutor and the Procurator-General, the necessary steps are taken to determine conclusively: (1) whether there has been a violation of the legislation and of the provisions governing the DAS with regard to the confidentiality of the information relating to the trade union leaders, particularly through the divulgence of such information to paramilitary groups; (2) whether the divulgence of this information corresponded to a plan for the elimination of the trade union movement, with the victims including the persons murdered who are included on the list provided by the ITUC; (3) those who were responsible for such violations; and (4) the extent of the involvement of the DAS in such acts. The Committee urges the Government to ensure that such investigations are carried out on an urgent basis and expresses the firm hope that they will achieve tangible results and, if the allegations are proven to be true, will identify those responsible and prosecute and punish those who are guilty. The Committee requests the Government to provide full information on the investigations that are under way and their outcome;
   • (d) In view of the planned notification of the protection programme for trade union leaders to the national police, the Committee requests the Government to take measures without delay to provide adequate protection to all those trade unionists who so request and to ensure that such protection has the full confidence of the trade unionists concerned;
   • (e) The Committee further requests the Government to provide information on the measures adopted in relation to the acts of violence denounced most recently, which are contained in the section on new allegations in the present case, and on the measures intended to prevent future acts of violence against trade unionists and their families;
   • (f) With regard to the mass detentions of trade union members of FENSUAGRO, the Committee requests the Government to indicate whether they have their origin in orders issued by the judicial authorities and on the reasons for such orders and the progress made in the judicial processes related to these detentions;
   • (g) With reference to Justice and Peace Act No. 975, intended to achieve the collective and individual reincorporation into civilian life of the members of clandestine armed groups, its impact on the rights of the victims to truth, as well as the pending cases of murders and violence against trade unionists, the Committee requests the Government to indicate the impact in practice of the Justice and Peace Act on the pending cases of murders and violence against trade unionists which occurred both prior to the entry into force of the Act and since its entry into force, as well as the influence of the Act on the general climate of violence against trade union leaders and members;
   • (h) The Committee urges the Government to provide without delay its observations on the allegations relating to the existence of the so-called “Operation Dragon” plan to eliminate several trade union leaders, in relation to which the Government indicated previously that both the Office of the Public Prosecutor and that of the Procurator-General have launched investigations; and
   • (i) Finally, the Committee requests the Government to provide its observations on the communications dated 16 August and 13 September 2007 from the CUT and the ITUC without delay, respectively, which have been added to the section on new allegations in the corresponding part of the report, as well on the communication from the WFTU dated 13 August 2007.

B. New allegations

1. 473. In their communications dated 15 and 27 November 2007, 19 March, 25 April, 21 May, 2, 12 and 25 June 2008, the ITUC, WFTU, CUT, CGT, CTC, SINDESENA and SINTRATELEFONOS refer to the following acts of violence.
   • Murders
2. 1. Julio César Gómez Cano, official of the Antioquia Teachers’ Association (ADIDA), in June 2007.
3. 2. Leónidas Silva Castro, official of the North Santander Teachers’ Union (ASINORT), in the Prados del Norte District, on 2 November 2007.
4. 3. Giraldo Rey, president of the branch committee of the National Union of Fruit, Agro-industrial, Fisheries, Hotels and Tourism Workers of the Grajales Industrial Group.
5. 4. Mercedes Consuelo Restrepo Campos, official of the Valle Single Union of Teachers (SUTEC), in Cartago, on 7 November 2007.
6. 5. José de Jesús Marín Vargas, member of the National Union of Food Workers (SINALTRAINAL), in the town of Dos Quebradas, on 22 November 2007.
7. 6. Mario Zuluaga Correa, member of the Medical Union (ASMEDAS), in Medellín, on 2 January 2008.
8. 7. Ramiro de Jesús Pérez Zapata, member of the executive committee of ADIDA on 12 January 2008.
9. 8. Israel González, General Secretary of the Tolima Farmworkers’ Association (ASTRACATOL).
10. 9. Yebraín Suárez, official of the Union of Guards of the National Prison Service (SIGGINPEC), in Itagüi, on 28 January 2008.
11. 10. José Martín Duarte Acero, member of SINTRAMBIENTE, in the La Macarena national park, on 2 February 2008.
12. 11. María del Carmen Mesa Pasachoa, member of the Arauca Teachers’ Association (ASEDAR), on 8 February 2008.
13. 12. Arley Benavídez Samboni, CUT activist, on 9 February 2008.
14. 13. José Giraldo Mamian, member of ASOINCA-FECODE, in the town of La Vega, on 9 February 2008.
15. 14. Carmen Cecilia Carvajal Ramírez, member of ASINORT, on 4 March 2008.
16. 15. Leónidas Gómez Rozo, of the National Union of Bank Employees (UNEB), disappeared on 5 March and was found murdered on 7 March 2008.
17. 16. Gildardo Antonio Gómez Alzate, delegate of ADIDA, on 7 March 2008.
18. 17. Carlos Burbano, member of the National Association of Hospital Workers of Colombia (ANTHOC), on 12 March 2008.
19. 18. Víctor Manuel Muñoz of ADUCESAR-FECODE in the town of Codazzi, on 12 March 2008.
20. 19. Manuel Antonio Jiménez, member of FENSUAGRO, in Puerto Asís, on 16 March 2008.
21. 20. José Fernando Quiroz, member of CICACFROMAYO-FENSUAGRO, in Puerto Asís, on 16 March 2008.
22. 21. José Gregorio Astros Amaya, member of ASEINPEC, in the Department of Valle, on 18 March 2008.
23. 22. Adolfo González Montes, member of SINTRACARBON, on 25 March 2008.
24. 23. Luz Mariela Díaz López, member of ASEP, FECODE, in the town of La Hormiga, on 1 April 2008.
25. 24. Emerson Iván Herrera Ruales, member of ASEP, FECODE, in the town of La Hormiga, on 1 April 2008.
26. 25. Jesús Heberto Caballero Ariza, official of SINDESENA, in the town of Sabanalarga, on 21 April 2008.
    • Death threats
27. 1. Against Mr Carlos Julio Peñaloza García, teacher president of ASINORT, in the context of a complaint he had made concerning notifications and improvement of conditions of work of teachers in the town of Pamplonita (allegation filed under No. 2554).
28. 2. Rodolfo Bello Merchán, member of ASINORT relating to the process of notifications of teachers in the town of Pamplonita (allegation filed under No. 2554).
29. 3. Against SINDESENA Medellín, by the paramilitary group “Aguilas Negras”, on 21 January 2008.
30. 4. Héctor Vásquez Fernández and José Joaquín Vásquez Ríos, members of the Escuela Sindical Nacional, on 25 February 2008.
31. 5. Over Dorado, president of ADIDA, received a death threat on 1 April 2008.
32. 6. David Flórez (president of CUT Santander), Javier Correa (president of SINALTRAINAL), César Plazas (treasurer of CUT Santander), Martha C. Díaz (president of ASTDEMP), Fernando Porras (official of CUT Santander), César Tamayo (official of FENSUAGRO), William Rivera (official of SUDEVI), Nohora Villamizar, member of CUT Santander, threatened on 11 June 2008 by paramilitaries.
33. 7. Belcy Rincón, threatened by the paramilitary group “Aguilas Negras”, on 19 June 2008.
34. 8. Lina Paola Malagón, lawyer of The Colombian Commission of Lawyers which represents CUT, threatened by the paramilitary group “Aguilas Negras” on 2 March 2009.
    • Assaults
35. 1. Rafael Boada, president of the National Union of Bank Employees (UNEB), received two gunshot wounds in his car on 7 March 2008.
36. 2. Eduardo Arévalo, member of SUTIMAC, gunshot wound on 26 March 2008.
37. 3. Jorge Gamboa Caballero, president of the Petroleum Industry Workers’ Trade Union, in the town of San Vicente de Chucurí, on 23 April 2008.
38. 4. Against the national headquarters of SINDESENA, on 18 May 2008, violent entry, violence against the building manager and theft of property.
    • Detentions
39. 1. Manuel de Jesús Reyes, legal representative of the Sucre Department Agricultural Workers Union, SINDAGRICULTORES, on 27 March 2008.
40. 474. The ITUC emphasizes that the teaching profession in Colombia is one of the most affected by anti-union violence and stresses the need for a special unit in the Office of the Public Prosecutor to achieve concrete and credible results in the investigations into the murders which have occurred.
41. 475. In its communication of 2 June 2008, the Bogotá Telecommunications Company Workers’ Union refers to the allegations previously submitted by the WFTU that the President and Vice-President of the nation had launched a campaign of slander and threats against the trade union movement, accusing them of having links to the guerrillas. SINTRATELEFONOS reports that it has initiated criminal proceedings against the VicePresident and the Adviser to the President for the offence of slander.
42. 476. In their communication of 12 June 2008, the CUT, CGT and CTC sent a communication in which they presented an updated list of the 2,669 trade union members murdered and 193 abducted and disappeared in the period between 1 January 1986 and 1 June 2008. This list was sent to the Government. The complainant organizations indicated that, bearing in mind that in the present case the proceedings before the Committee on Freedom of Association is a fundamental source of work of the Sub-unit of the Office of the Public Prosecutor and the Colombian judges designated under the tripartite agreement, this list needs to be investigated and subsequent reports should refer to them. They add that the list is not exhaustive.

C. The Government’s reply

1. 477. In its communications of January, 7 and 21 May, July and 22 August 2008, and 13 February 2009, the Government indicates that all the institutions of the Colombian State were committed to the process of demobilizing the over 30,000 members of the AUC in the framework of the peace process led by the current Government. The demobilization and disarming of these groups was duly supported by international organizations, monitored by NGOs and had the active involvement of 125,000 victims who came forward to file their claims.
2. 478. In the Office of the Public Prosecutor, in 2007 alone, prosecutors and assistants reviewed 240,000 cases which now provide sufficient information to uncover the concealment of the truth by the former paramilitaries on pain of losing all benefits and possible imposition of sentences which could be up to 60 years in prison.
3. 479. The Government again refers to the Justice and Peace Act and its special provisions. It points out that 21 offices of the National Justice and Peace Unit were created by Decree No. 122 of 18 January 2008, and the staffing establishment of the Office of the Public Prosecutor was modified, assigning to that Unit 93 prosecutors attached to the circuit courts, 32 prosecutors attached to special circuit criminal courts, 39 prosecutors attached to the district court, among other things. 217,498 cases related to incidents which occurred in areas of influence of the demobilized AUC groups were reviewed.
4. 480. According to the Office of the Public Prosecutor, the results of the Justice and Peace Act relating to cases of trade unionists in May 2008 were: number of proceedings opened: 11; arrest warrants: 5; persons arrested: 10; and convictions: 1.
5. 481. The Government refers to the emergence of new criminal gangs, among them the “Aguilas Negras”. These criminal gangs are organizations which are taking over armed control of strategic drug-trafficking zones. They represent the creation of organizations to dominate drug-trafficking and hire ex-paramilitaries. The criminal gangs project themselves as a new generation of cartels, strengthened by an extremely wealthy military apparatus with transnational reach, based on its location in frontier areas and seaports. It seeks to create a new model of criminal activity by strengthening organizations in areas where ex-AUC paramilitaries have strategic influence. Currently, 18 criminal gangs have been identified, with 2,196 men in 16 departments and 101 towns. Following Government instructions, the law enforcement agencies have put in place a powerful mechanism, the “Integrated Centre for Intelligence against Criminal Gangs – C12 BACRIM”, responsible for coordinating, checking and acting on results against criminal gangs, in order to ensure the process of demobilization, disarming and reintegration.
6. 482. In general, with regard to the murders of trade union officials and members, the Government reiterates that Colombia is a country where levels of violence, in part derived from the activities of illegal groups financed by drug-trafficking, extortion and kidnapping, had peaked in 2002. The violence affects the whole population without discrimination, including members of the trade union movement. Thanks to the democratic security policy, in 2003, the general upward spiral of violence began to reverse.
7. 483. This improvement was also seen with respect to members of trade unions thanks to the special measures taken by the national Government and the judiciary, such as strengthening the budgets and organization of the national Government’s protection programmes and strengthening the judiciary by creating the Special Unit in the Office of the Public Prosecutor and the special courts to clear the bottleneck and combat the impunity of crimes against members of the trade union movement. As a result, the aggregate rate of murders for the Colombian population fell by 40 per cent between 2002 and 2007, and the rate of murders of trade union members fell by 82 per cent according to statistics of the Escuela Sindical Nacional and by 87 per cent according to national government figures.
8. 484. Despite all these efforts, regrettably in the current year new incidents have occurred affecting the lives of trade unionists, in the face of which the Government has adopted new measures to combat impunity and violence, such as, the system of rewards offered to anyone who provides information leading to the arrest of those who commit acts of violence. Thanks to this system and the work of the criminal police and the Office of the Public Prosecutor, five people have been arrested for murders in 2008, as shown below:
   • Investigations initiated
   • Cases in which an arrest has been made
9. 1. File No. 4441.
   • Victim: Mario Zuluaga Correa.
   • Occupation or profession: Doctor.
   • Trade union: ASMEDIAS (Medical Trade Union).
   • Status in the trade union: Member.
   • Offence: Aggravated homicide with qualified and aggravated robbery.
   • Stage: Submission of preliminary indictment.
   • Name of accused: Yenson Alexander González.
   • Date of the incident: 20 January 2008.
   • Place of the incident: Medellín Antioquia.
   • Summary: The incident occurred at apartment 401, No. 42-19, 51st Street, the home of the victim. Dr Mario Zuluaga was found at his home. He had been manually strangled.
   • Action in the proceedings: Preliminary hearing in which an arrest warrant was requested on 4 April 2008; formulation of charge of the offence of aggravated homicide with qualified and aggravated robbery, with application for remand in custody on 8 April 2008. The application was approved by District Criminal Court No. 1, Enforcement of Guarantees, Medellín. Investigations into a second person who was apparently involved in the offence are ongoing.
10. 2. File No. 4445.
    • Victim: María Teresa Trujillo Orozco.
    • Occupation and trade union: Teacher. ASOINCA.
    • Offence: Homicide.
    • Stage: Submission of indictment.
    • Accused: Wilson Cristo Herrera Pineda.
    • Date and place of the incident: 7 March 2008; Santander de Quilichao Cauca.
    • Summary: Occurred in the outskirts of the municipality of Santander de Quilichao Cauca. The victim was on the public highway when she was attacked by two persons, when, during a struggle with her to steal her belongings, one of them caused fatal injuries with a sharp instrument and then fled immediately.
    • Action in the proceedings: Application for arrest warrant, 6 March 2008. Hearing to confirm the arrest, formulation of the charge and preventive detention order on 7 March 2008. The indictment was submitted on 4 April 2008. A preliminary hearing was requested in the ILO decongestant court. Date yet to be fixed.
11. 3. File No. 4456.
    • Victims: Luz Mariela Díaz López, Emerson Iván Herrera Ruales.
    • Occupation and trade union: Teachers; SEP.
    • Stage: Submission of indictment.
    • Accused: Edgardo Alexander Díaz.
    • Date and place of the incident: 1 April 2008; Valle del Guamuez (Putumayo).
    • Summary: The victims were travelling by motorcycle through the Los Pomos district of the municipality of Valle de Guamuez when they were intercepted by two persons who threatened them with a firearm and fired repeated shots causing their death.
    • Action in the proceedings: Initially prosecuted by the Hormiga Putumayo Prosecutor’s Office, Section No. 50. On 8 April, the arrest of Edgardo Alexander Díaz, was approved, the indictment was formulated and an application was made for remand in custody, which was approved by the guarantee control judge. The matter was requested in letter No. 05 of 15 April 2008 of the Hormiga Putumayo Prosecutor’s Office, Section No. 50. in the remand process. On 2 May 2008, the indictment was submitted in Bogotá. The hearing was set for 16 May 2008.
12. 4. Criminal summons No. 7673660000186200800154.
    • Prosecutor: Section No. 47, Sevilla, Valle.
    • Victim: Omar Ariza.
    • Profession trade union: Teacher; SUTEV.
    • Date and place of the incident: 7 April 2008; Farm in Sevilla Valle.
    • Stage of proceedings: Awaiting the report of the youth unit – Tulúa Prosecutor’s Office, Section 51, Valle. In this case, the trial of Andrés David Alegría and Jhon Luis Restrepo was held before the Sevilla district judge. Sentencing was deferred until 2 July 2008.
    • Other investigations
13. 1. File No. 440.
    • Victim: Ramiro Jesús Zapata.
    • Occupation or profession: Secondary teacher Genoveva Díaz of San Jerónimo Antioquia, member of ADIDA.
    • Date and place of the incident: 12 January 2008; San Jerónimo district, Antioquia.
    • Stage: Investigation.
    • Action in the proceedings: Prosecuted by Prosecutor’s Office, section 6, of Santa Fe de Antioquia.
14. 2. Victim: Israel González.
    • Occupation or profession: Farmer.
    • Organization: ASTRACATOL.
    • Stage: Investigation.
    • Date of the incident: 24 January 2008.
    • Place of the incident: Tolima.
    • Summary: Mr Israel Gonzáles, president of the Mesetas de San Antonio district action committee, Tolima, was killed in a fight.
    • It seems that the deceased was carrying a 38 calibre revolver, a grenade and a book of keys, and was presented as a subversive killed in combat.
    • It should be noted that ASTRACATOL, according to the annexed certification, is not a trade union but a farmers’ organization, for which reason it is requested that the case should be excluded.
15. 3. File No. 4443.
    • Victim: José Yebrail Suárez Leal.
    • Occupation or profession: Inpec officer, maximum security prison, Itagüi (Antioquia), SIGGINPEC.
    • Stage: Investigation.
    • Date of the incident: 28 January 2008.
    • Place of the incident: Intersection of 56th with 50th street in the municipality of Bello Antioquia.
16. 4. File No. 4453.
    • Victim: Víctor Manuel Muñoz Benavides.
    • Occupation and Trade Union: Teacher; ADUCESAR.
17. 5. File No. 4454.
    • Victim: José Gregorio Astros Amaya.
    • Profession and Trade Union: Inpec Inspection Commander; ASEINPEC.
    • Stage: Investigation.
    • Date and Place of the incident: 18 March 2007; Cartago, Valle.
18. 6. File No. 4455.
    • Victim: Adolfo Gonzáles Montes.
    • Occupation and Trade Union: Operator 15 – Cerrejón mine; SINTRACARBON.
    • Stage: Investigation.
    • Date and place of the incident: 22 March 2008; Riohacha Guajira.
    • Action in the proceedings: Investigation conducted by Prosecutor’s Office, section 3, Riohacha Guajira. A methodological programme was prepared. On 13 May 2008, legal instructions were issued to the police.
19. 7. Criminal summons No. 08636001108200880036.
    • Prosecutor’s office: Section 1, Barranquilla.
    • Victim: Jesús Herberto Caballero Ariza, official of SINDISENA, Atlántico branch committee.
    • Stage of proceedings: Investigation, active stage.
    • Date and place of the incident: 17 April 2008; Barranquilla.
20. 8. File No. 4444.
    • Criminal indictment No. 5068361056192008800012.
    • Victim: José Martín Duarte Acero.
    • Occupation and Trade Union: Forestry engineer, SINTRAMBIENTE.
    • Stage: Investigation.
    • Date and place of the incident: 2 February 2008; San Juan de Arama (Meta).
    • Action in the proceedings: Prosecutor’s office, section 14 of the municipality of Granada carried out the methodological programme with the police intelligence unit (SIJIN) of San Juan de Arama.
21. 9. File No. 4446.
    • Victim: Arley Benavidez Samboni.
    • Occupation and Trade Union: Moto taxi driver; ANTHOC (had been made redundant due to reorganization but was a member of the trade union).
    • Offence: Homicide.
    • Stage: Investigation.
    • Date and place of the incident: 9 February 2008; La Sierra-Cauca.
    • Action in the proceedings: Prosecuted by Prosecutor’s Office section 2, Balboa Cauca.
22. 10. File No. 4447.
    • Victim: José Giraldo Mamian.
    • Occupation and Trade Union: Teacher; ASOINCA.
    • Stage: Investigation.
    • Date of the incident: 9 February 2008.
    • Place of the incident: Paraíso district of the municipality of La Sierra-Cauca.
    • Action in the proceedings: Prosecuted by Prosecutor’s Office section 1, Popayán.
23. 11. File No. 4449.
    • Victim: Carmen Cecilia Carvajal Ramírez.
    • Occupation and trade union: Teacher; ASINORT.
    • Stage: Investigation.
    • Date of the incident: 4 March 2008.
    • Place of the incident: Ocaña Norte de Santander.
    • Action in the proceedings: Investigation conducted by Prosecutor’s Office, section 1, Ocaña.
24. 12. File No. 4450.
    • Victim: Segundo Leónidas Gómez Rozo.
    • Occupation and trade union: Bank employee; UNEB.
    • Stage: Investigation.
    • Date of the incident: 8 March 2008.
    • Place of the incident: Bogotá DC.
    • Action in the proceedings: Resolution of 18 March 2008, Prosecutor’s Office, section 191, Homicide Unit.
25. 13. File No. 4451.
    • Victim: Gildardo Antonio Gómez Alzate.
    • Occupation and trade union: Teacher; ADIDA.
    • Stage: Investigation.
    • Date and place of the incident: 9 March 2008; Medellín (Antioquia).
    • Action in the proceedings.
    • Prosecuted by Prosecutor’s Office, section 98, Medellín.
26. 14. File No. 4452.
    • Victim: Carlos Burbano.
    • Occupation and trade union: Nursing auxiliary; ANTHOC.
    • Stage: Investigation.
    • Date and place of the incident: 9 March 2008; San Vicente del Caguán.
    • Summary: Action in the proceedings.
    • Prosecuted by Special Prosecutor’s Office, section 2, Florencia.
27. 485. With regard to the allegations submitted by the WFTU relating to the murder of Mr Luis Miguel Gómez Porto of the union of small and medium-sized farmers of SINDEAGRICULTORES, the Government indicates that according to the information provided by the Marine Infantry, the incident arose as a consequence of military action by the Marine Infantry, who were initially attacked with firearms, apparently by the victim. The Government adds that Mr Gómez Porto was arrested on 12 April 2005, at the request of the Prosecutor’s Office, section 16, Sincelejo, for the crime of rebellion. Subsequently, he was released by order of the Sincelejo First Criminal Circuit Court on 19 May 2006. The Office of the Public Prosecutor initiated an investigation into the death of Mr Gómez, Case No. 72578, Prosecutor’s Office section 7, Sincelejo.
28. 486. As regards the allegations relating to threats, the Government sends the following information:
29. 1. Over Dorado Cardona: according to the results of the technical study, the level of risk and degree of threat proved normal, for which reason it is proposed to withdraw the hard security measures provided by the Ministry of the Interior and Justice, which are a vehicle with two escorts, but soft measures such as bullet-proof vest, means of communication and preventive security patrols by the national police will continue to be provided.
30. 2. Jorge Enrique Gamboa Caballero: the report indicates that on 23 April at 4 p.m., there was an assault on the president of USO, in which respect it should be pointed out that according to the information received both from the DAS and the national police, an incident occurred which might have caused misunderstandings but at no time was it an assault, since:
    • (a) by Order No. 065 of 22 April, patrolmen Héctor María Vargas Muñoz and Gabriel Hernando Jaimes Pardo were ordered to patrol;
    • (b) the purpose of the patrol was to provide security for the movements of the Colonel and a protest that was taking place in the area; these situations justified the assessment of possible risks;
    • (c) while the press conference was being held by the president of USO, the patrolmen were attacked by the crowd and dispossessed of their arms; and
    • (d) the Colonel then personally warned Mr Gamboa and the crowd that those persons belonged to the national police.
      • In the above circumstances, it must be reiterated that the State is firmly resolved to prevent and punish any violation of the rights of workers and all Colombians, and it should also be pointed out that Mr Jorge Gamboa is provided with hard security measures (car, escorts, communication devices) by the Ministry of the Interior.
    • 3. Rafael Boada: the national Government, through the Ministry of Social Security, at the request of the trade union, provided protection measures through the Ministry of the Interior and with the grant by the Banco Popular which granted, in addition to trade union leave, a special leave for two months in order to provide Mr Boada with protection mechanisms.
31. 4. Eduardo Arévalo: the only information is that communicated to the public, and the Prosecutor’s Office does not have any information on the subject. According to the facts stated in the letter from the alleged assault victim, the Human Rights Directorate in the Ministry of the Interior was requested urgently to assess the level of risk and degree of threat, with a view to the adoption of protection measures. However, the gentleman has a cellphone with which he can communicate with the authorities in any risk situation, and preventive patrols are carried out by the Atlantico police.
32. 5. Manuel de Jesús Reyes: the Secretariat of the Government of Sucre, in letter No. 038 of 1 April 2008, informed this programme that the Prosecutor’s Office has issued an order for his arrest in relation to the investigation of Case No. 76995 of the Sincelejo Second Special Prosecutor’s Office, for the offences of rebellion, extortion and terrorism. He was arrested on 26 March 2008, in an inter-agency operation carried out by personnel of the national police attached to the Sucre Police Department and personnel of the First Marine Infantry Brigade. The prosecution was conducted by the Sincelejo Second Special Prosecutor’s Office, in which documentary and witness evidence was produced, and arrest warrant No. 36000033222 was issued. The arrest was normal, his rights were respected at all times, and he was handed over to the competent authority.
    • Protection measures for trade unions
33. 487. The Government also refers to the following protection measures provided to trade unions:
34. 1. SIGGINPEC:
    • - Means of communication: Avantel phone for Juan de la Rosa Grimaldos, adviser to the union; Sandro Rivera Sogamoso, legal representative and Diego Alonso Arias (who is currently out of the country).
35. 2. ASEINPEC:
    • - Individual protection: for Freddy Antonio Mayorga Meléndez, national president (with normal vehicle), for six months while the risk and degree of threat is reassessed (under CRER 21-05-08).
    • - Land transport support: for María Elsa Páez García, treasurer, national executive committee, for 150 hours per month, for three months, while the risk and degree of threat is reassessed (under CRER 21-05-08).
    • - Escorts: two mixed units for Freddy Antonio Mayorga Meléndez, national president and one national police escort for María Elsa Páez.
    • - Means of communication: two Avantel phones for Freddy Mayorga and his security system; two Avantel phones for María Elsa Páez and her escort; and five Avantel phones for the National Executive Committee.
    • - National airline tickets: three national airline tickets per month for Mr Freddy Antonio Mayorga Meléndez, national president.
36. 3. UNEB:
    • - Land transport support: for Luis Fernando Jiménez Madiedo, Barranquilla branch, for 100 hours per month while the risk and degree of threat is reassessed (under CRER 21-05-08).
    • - Escorts: for Luis Fernando Jiménez Madiedo, Barranquilla section.
    • - Means of communication: Avantel phone for Luis Fernando Jiménez Madiedo, Barranquilla branch and Rafael Boada Cavanzo, branch president, Bucaramanga.
    • - Support for temporary relocation: for Rafael Boada Cavanzo, branch president, Bucaramanga, in the sum of one million, three hundred and eighty-five thousand pesos – (1,385,000 pesos).
    • - Armoured protection: for headquarters of the national executive committee and the Bogotá branch, both located in this city.
37. 4. ASINORT:
    • - a group scheme for Myriam Tamara, Crisanto Torres Albarracín and Félix María Gonzales whose entitlement stems from the president, Myriam Tamara Carrero;
    • - a group scheme for Leonardo Sánchez and Alvaro Pineda Castro;
    • - four Avantel communication devices; and
    • - transport support:
      • – one approved for Myriam Tamara Carrero;
      • – three for Alvaro Pineda Castro; and
      • – one for Félix María Gonzales.
    • 5. Cauca Teachers’ Association (ASOINCA):
    • - a group scheme for the Executive Committee of ASOINCA;
    • - armoured protection for the trade union headquarters;
    • - six group transport supports, worth 1,920,000 pesos c/u;
    • - eight cellphones; and
    • - three supports for temporary relocation, approved for Carlos Fernando Devia Villegas.
38. 6. Nariño Teachers’ Union (SIMANA):
    • - a group scheme for the executive committee of the union;
    • - three cellphones;
    • - nine Avantel communication devices;
    • - armoured protection of the union headquarters;
    • - personal transport support, one for Lucía Patricia Hidalgo, four for Aracelly Ibarra, and nine for Javier Dorado Rosero;
    • - two group transport supports; and
    • - one escort unit for Javier Dorado Rosero.
39. 7. Single Union of Education Workers of Valle (SUTEV):
    • - a group scheme, assigned to the SUTEV executive committee, Cali;
    • - a group scheme, assigned to the SUTEV executive committee, Buenaventura;
    • - two Avantel communication devices for SUTEV, Cartago;
    • - six group transport subsidies worth 1,920,000 pesos, for the SUTEV executive committee, Cali;
    • - one escort unit for the SUTEV executive committee, Cali;
    • - four Avantel communication devices; and
    • - maintenance of the armoured protection of the headquarters of SUTEV Cali.
40. 8. Arauca Teachers’ Association (ASEDAR):
    • - a group scheme, assigned to the executive committee of the organization;
    • - nine group transport subsidies, worth 1,920,000 pesos;
    • - a national ticket for Mr Hernando Sánchez Blanco;
    • - two cellphones; and
    • - armoured protection of the union headquarters.
41. 9. ADIDA:
    • - two Avantel communication devices.
42. 10. César Teachers’ Association (ADUCESAR):
    • - six temporary relocation subsidies; three for Ms Elsa Rosado and three for Ms Yodima Castro.
43. 11. Putumayo Teachers’ Association (ASEP):
    • - six temporary relocation subsidies, one cellphone and a relocation grant for Mr Paulo Emilio Anacona, as vice-president of ASEP.
44. 12. ANTHOC:
    • Individual schemes: three implemented:
    • – Esperanza Cardona, Chinchiná branch committee, individual scheme consisting of two escorts, a vehicle and two pistols;
    • – Yesid Camacho, two escorts, a normal vehicle, two pistols, two bullet-proof vests, a two-way radio, two side-arms and a machine gun; and
    • – Gilberto Martínez, two escorts, a normal vehicle.
    • Group schemes: ten implemented:
    • – National Executive Committee, three escorts, a normal vehicle, four small arms, an Avantel phone and three bullet-proof vests;
    • – Valle branch committee, provided with a normal vehicle, an escort, three small arms;
    • – Barranquilla branch committee, two escorts, two small arms and a normal vehicle;
    • – Atlántico branch committee, two escorts, two arms, a normal vehicle and a bullet-proof vest;
    • – Cúcuta branch committee, three escorts, three pistols, a machine gun, an Avantel phone, three bullet-proof vests and a normal vehicle;
    • – Cauca Department branch committee, implemented for 11 members of the executive committee, three escorts, three pistols, a radio, three bullet-proof vests and a normal vehicle;
    • – Popayán branch committee, an escort and a land transport support;
    • – Florencia branch committee, two escorts, a normal vehicle;
    • – Ibagué branch committee, two group schemes; and
    • – Bolivar branch committee, three escorts and transport support.
    • Armoured protection of headquarters:
    • – The Barranquilla, Bogotá, Ibagué and Ocaña offices are armour protected.
    • Communication devices:
45. – 43 Avantel phones; and
46. – 62 cellphones.
    • Policies adopted to reduce violence
    • against trade unionists
47. 488. The Government emphasizes its commitment to reducing the number of murders and acts of violence against trade union leaders. To that end, additional measures have been taken to strengthen police protection measures, as follows:
    • – transitional directive No. 151 of 31 August 2007, of the Directorate General of the National Police, which contains orders and instructions to optimize conditions of security of trade unionists and the exercise of their activities in Colombia; and
    • – permanent directive No. 020 of 31 August 2007, which harmonizes the criteria for police organization through coordination based on prevention and guarantee of the fundamental human rights of persons at risk.
48. 489. Recognizing the especially vulnerable situation of schoolteachers, the Government has taken the following measures:
    • – Decree No. 3222 of 10 November 2003, creating an inter-institutional group at national and sub-national level for the prevention of threats. This body is made up of representatives of the Ministry of Education, the Ministry of the Interior and Justice, the Ministry of Social Security, the Office of the Procurator General, the VicePresident of the Republic and FECODE. In addition, there are now in the 78 certified regional bodies Note1 committees of threatened teachers, which are responsible for arranging the notification of teachers in state educational establishments as a protection measure.
    • – Ministerial directive No. 014 of 2002 on protection of threatened and relocated teachers was issued, and also directives Nos 020 of 2003 and 03 of 2004, on the incorporation of teachers and administrative staff in staff schemes financed from resources of the general taxation system. These directives establish guidelines aimed at protecting the lives and physical integrity of teachers and the arrangements for their reinstatement to work in educational establishments.
    • Note 1: Under article 20 of Act No. 715 of 2001, departments, districts and municipalities with over 100 inhabitants are certified regional bodies with powers to manage educational resources.
49. 490. Between 2002 and November 2007, 653 definitive relocations took place, 506 temporary relocations and 87 teachers are awaiting relocation.
    • Measures to advance investigations relating to acts of violence against trade unionists
50. 491. In inter-administrative agreement No. 15406 of 2006, the Government is seeking to implement measures to give an impetus to and pursue ILO cases by: (i) optimizing the investigative process; (ii) clearing of cases and decongestion of documentation; and (iii) qualitative analysis of the information and characterization of the offences by strengthening the National Human Rights Unit, the anti-terrorism unit and the related regional sections.
51. 492. The number of prosecutors in the National Human Rights Unit has been increased to strengthen the investigations into recruitment of children, homicides alleged to have been committed by agents of the State, sexual violence in armed conflict, cases of the patriotic union and trade unions, among others.
52. 493. Currently, there are 19 prosecutors specially assigned to the investigation of cases of human rights violations against trade unionists.
    • (Table not included)
53. 494. In collaboration with the workers’ confederations and under the auspices of the ILO, the Office of the Public Prosecutor undertook the investigation of 1,288 cases under its decongestion programme in the investigation of crimes against trade unionists.
    • Work of the sub-unit since its creation until 20 January 2009
    • Cases assigned / 1 302
    • Cases under preliminary investigation – questioning of accused / 654
    • Cases in progress – accused charged / 208
    • Preventive detention measures / 261
    • Indictments / 91
    • Formulation of charges for plea bargain / 103
    • Convictions / 120
    • Persons convicted in relation to the 60 convictions / 160
    • Total Victims / 1 544
    • Note 1. The assigned cases included 610 investigated for homicide with 816 victims, on several occasions combined with other offences and 290 for the offence of threats, among others.
    • Note 2. Of the total cases assigned, 61 are being prosecuted under the adversarial system – Act No. 906 of 2004.
    • Note 3. Of the 120 convictions, five relate to cases heard under the adversarial system – Act No. 906 of 2004.
    • Note 4. The 120 convictions were handed down in 85 cases.
    • Comparative table of the activities of the UNDH and IHL sub-unit for offences against trade unionists
54. (20 January 2008–20 January 2009)
    • (Table not included)
    • Prioritized cases in the UNDH and IHL sub-unit for offences against trade unionists
    • (Cases prioritized at 20 August 2008)
    • Current stage / 20 August 2008
    • Inhibitory / 4
    • Investigations / 47
    • Trial / 4
    • Judgement pending / 1
    • To be located / 1
    • Preclusion / 2
    • Preliminary / 109
    • Conviction – hearing for sentencing / 1
    • Dismissed / 2
    • Subtotal / 171
    • Cases ending in a conviction / 14
    • Cases incorporated with another because the facts were connected / 1
    • Victim case – discuss with confederations / 1
    • Total / 187*
    • * In fact, 185 priority cases were being processed. Two cases were withdrawn at the request of the unions as they did not concern anti-union violence.
    • Convictions in prioritized cases at 20 January 2009
    • Description / 20 October 2007 / 20 January 2009
    • Cases with conviction / 11 / 31
    • Convictions / 11 / 39
    • Persons convicted / 20 / 57
    • Prioritized cases
    • Act No. 600 of 2000/Act No. 906 of 2004
    • Act No. 906 / 29
    • Act No. 600 / 156
    • Total / 185
    • Note 1. It should be highlighted that in 27 of the 27 cases involving a conviction, the decision was handed down since the creation of the Unit for offences against trade unionists, and 52 persons were convicted.
    • Note 2. The idea of prioritized cases originated in the tripartite agreement on freedom of association and democracy, signed on 1 June 2006, between the national Government, employers and trade unions. It should be noted that in recognizing the positions of the representatives of each of these sectors, their number was increased without limit, despite the fact that the original intention was to prioritize only 100 cases. For this reason, it was decided in a meeting held on 2 October 2007 with representatives of the Government, Prosecutor’s Office and trade unions, to prioritize 187 of the 1,264 cases assigned to the Unit for offences against trade unionists, which basically comprise investigations relating to the three main trade union confederations: CUT, CGT and CTC, and those relating to murders of trade unionists in 2006 and 2007. Currently, eight prioritized cases are in progress under the supervision of the Office of the Public Prosecutor and the rest under the sub-unit of the prosecutor’s office for offences against trade unionists.
    • Convictions in the 1,251 investigated by the UNDH and IHL sub-unit for offences against trade unionists
55. (at 20 January 2009) *
    • (Table not included)
    • Convictions by year of incident
    • (Table not included)
    • Statistics on convictions by office
    • (Table not included)
    • Intention of the perpetrator according to the sentence (at 20 August 2008)
    • (Table not included)
    • Convicted persons by group to which they belong (at 20 August 2008)
    • (Table not included)
    • Murders 2006 , 2007, 2008
    • (Tables not included)
    • Cases assigned to UNDH and IHL judges
    • (Table not included)
    • Results obtained in the UNDH and IHL sub-unit for offences against trade unionists
    • according to information from the Justice and Peace Unit at 20 August 2008
    • Statistics on bills of indictment for advanced ruling relating to persons covered by the Justice and Peace Act
    • (Table not included)
    • The protection programme
    • (Table not included)
    • Budget 2007 and 2008
    • (Table not included)
56. 495. Persons assigned for the protection of trade unionists:
    • – DAS: 19 official staff escorts.
    • – MIJ: 432 contract escorts charged to the Ministry of the Interior and Justice, for a total of 451 escorts, with 297 pistols, 164 revolvers and 76 machine guns.
    • – Police: 12 escort officers, each armed with a pistol.
    • In total, 463 persons are assigned for the protection of trade unionists.
57. 496. The Human Rights Directorate, with the support of USAID/MSD Colombia, has been operating a “Preventive Security Project” since 2004, which is intended to complement the hard and soft measures granted under the Protection Programme, by implementing mechanisms which allow the target group, including trade union officials and activists, to adopt self-protection measures which reduce their vulnerability.
58. 497. Since 2004, the Directorate has been undertaking training in preventive security in 11 departments of the country and has trained 428 trade union leaders.
    • Information on “Operation Dragon”
59. 498. As previously reported to the Committee, the Office of the Procurator General, through the Office of the National Director of Special Investigations, is investigating the complaint by Dr Alexander López Maya, in Case No. 009-152804-06, and it is at the evaluation of the investigation stage.
60. 499. Also according to information from the Prosecutor’s Office (Prosecutor’s Office 2 assigned to the National Human Rights and IHL Unit), the investigation is currently filed under File No. 2028 and is being evaluated to determine whether it should proceed to the judicial investigation stage.
61. 500. Lastly, with regard to the allegations submitted by the World Federation of Trade Unions on behalf of SINTRATELEFONOS, SINTRAEMCALI and SINTRAUNICOL, the Government reports that the International Seminar held in Quito, Ecuador, from 9 to 13 July 2007, produced a final declaration in which it made grave pronouncements such as the following: “We support all forms of combat which allow the gathering of forces for the revolution, which strike the enemy and bring closer the triumph of our goals, believing that only the use of organized violence of the masses will be able to strike decisive blows to overcome the bourgeois-imperialist domination and seize power.” … “From this international platform, we, the organizations participating in this seminar, express our solidarity with … the struggle of the insurgent movements in Colombia, the Philippines, Nepal ...”.
62. 501. In the light of such grave events and bearing in mind that not only did the trade unions SINTRATELEFONOS, SITRAEMCALI and SINTRAUNICOL appear in that declaration, but also the International Front National Liberation Army (ELN) (Colombia) and the Armed Revolutionary Forces of Colombia (FARC-EP), the Vice-President of the Republic, in a letter of 19 July 2007, invited the three trade unions to comment on this. In the light of the foregoing, the Government categorically rejects the allegations of the Federation suggesting that the Government is stigmatizing trade union officials by describing them as guerrillas, since that allegation does not reflect the facts and is totally without foundation, as can be seen from the letter sent to the three trade unions involved in the matter, and from whom the Government duly sought a clear explanation.

D. The Committee’s conclusions

1. 502. The Committee notes the communications submitted by the ITUC, WFTU, CGT, SINDESENA and SINTRATELEFONOS. The Committee notes the detailed observations of the Government on the outstanding questions. The Committee notes that the information sent by the Government and the Office of the Public Prosecutor, which is contained both in the main part and the annex to this case refers to investigations which are in progress in relation to the murders and other acts of violence perpetrated against trade union officials and members and other criminal offences and complaints by trade unions and deputies; information relating to the sentences handed down in many of the judicial proceedings initiated; the protection measures adopted for trade union officials, members and headquarters; the special protection measures for members of the teaching profession.
   • Acts of violence
2. 503. With regard to the acts of violence in particular, the Committee notes that since the last examination of the case in November 2007, the trade unions have reported the murder of 25 union officials and members, four assaults, seven cases of threats and persecution and one case of detention.
3. 504. In this respect, the Committee notes that in its observations, the Government provides information on investigations initiated in relation to almost all the recent cases of violence reported which are contained in the “new allegations” section.
4. 505. The Committee also notes the Government’s information concerning the emergence of new violent groups or criminal gangs such as the “Aguilas Negras” responsible for some of the acts of violence described in this case. The Government indicates that 18 groups with these characteristics have been identified and adds that these gangs are tending to strengthen organizations in the former areas of influence of the United Self-defence Groups of Colombia which are being demobilized. The Committee notes that according to the Government, a system of rewards has been developed for people who provide information leading to the arrest of the perpetrators of acts of violence. This mechanism, together with the work of the police and the Prosecutor’s Office, allowed the arrest of five persons presumed to be responsible for murders.
5. 506. The Committee also notes that the Government further indicates that the violence resulting from the activities of the illegal groups, on the one hand affects the population as a whole and, on the other, that it has been considerably reduced since the programme of democratic security began to be implemented. In this respect, the Government states that between 2002 and 2007, the aggregate rate of murders fell by 40 per cent and the rate of murders of trade unionists fell by 82 per cent.
6. 507. Taking all this information into account, together with the new allegations, the Committee observes that considerable progress has been made in combating violence. Nevertheless, the situation of officials, members and the trade union movement in general is still grave. The Committee has noted the complaint of the murder of 25 officials and members, four assaults, seven cases of threats and persecution and one case of detention. The Committee deplores this situation which it considers unacceptable, and totally incompatible with the requirements of Convention No. 87. The Committee observes that the trade union sector continues to be the target of acts of violence of certain radicalized groups and considers that this is a matter of extreme concern. Indeed, the Committee has reiterated on many occasions in the context of this case that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected, [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 44]. Under these circumstances, the Committee urges the Government to continue to take all the necessary measures to ensure that workers and trade unions can fully exercise their rights in freedom and security.
7. 508. The Committee also notes the detailed information sent by the Government with respect to the protection measures adopted for trade union officials, which will be examined below.
   • Investigations and situation of impunity
8. 509. With regard to the acts of violence reported and the investigations initiated in that respect, the Committee notes that the CUT, CGT and CTC submitted a list of 2,669 officials and members murdered and 197 disappeared, which incidents occurred between 1 January 1986 and 30 April 2008. This list was transmitted to the Government so that it would have the information to be taken into account in the investigations into the cases concerned. In this regard, bearing in mind that according to the Government’s observations and the information provided by the Office of the Public Prosecutor, the latter undertook the investigation of 1,302 cases under its decongestion programme in the investigation of crimes against trade unionists, the Committee invites the trade unions to make available to the Government and the Office of the Public Prosecutor all the additional relevant information which it may have in order to enable the Office of the Public Prosecutor to update the number of cases that require investigation. The Committee requests the Government to keep it informed in that respect.
9. 510. The Committee also notes the information sent by the Office of the Public Prosecutor which takes into account the work of four courts responsible for examining the cases of violence against trade unionists (see annex). The Committee notes with interest that the number of prosecutors specially assigned to the investigation of human rights violations against trade unionists has been increased from 13 to 19.
10. 511. The Committee notes with interest that in the context of the investigations undertaken by the Office of the Public Prosecutor, chiefly by the Human Rights and International Humanitarian Law Sub-Unit for offences against trade unionists, up to 20 January 2009, 171 convictions involving 199 persons were handed down, of which 134 were sentenced to a custodial sentence. The Committee notes that of the convicted persons, 100 belonged to the United Self-defence Groups of Colombia, 22 to guerrilla groups (FARC, ELN, EPL), 56 were common criminals and two were members of “Aguilas Negras”.
11. 512. The Committee notes this progress and the wealth of information provided by the Government, in particular the Office of the Public Prosecutor, in relation to the victims, motives for their murder and groups or persons responsible. The Committee observes, however, that the majority of the cases listed, both those included in the general list of 1,302 cases, and the 185 cases which by agreement between the Government, the trade union confederations and the employers were given priority, are at the preliminary stage. Indeed, 171 convictions, although they constitute progress, are still not many when set against the 1,302 cases outstanding. The Committee recalls the importance of the investigations yielding concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future. In these circumstances, the Committee requests the Government to continue to take all the necessary measures to achieve significant progress in the outstanding investigations and the new investigations begun on the basis of the complaints contained in the “new allegations” section and thereby to put an end to the intolerable situation of impunity, and to inform it in detail concerning progress in each of the investigations begun, who the guilty persons were, and, in particular, whether it was a case of specific armed groups and what their motives were.
12. 513. As regards the complaints of the ITUC concerning the existence of a close link between paramilitary groups and the DAS which is responsible for providing protection to trade union officials and members, the Committee recalls that according to those complaints, a plan had been drawn up to exterminate certain members of the trade union movement; that consequently, the Government requested the resignation of the Director of the DAS and dismissed its Deputy Director; it published the irregularities detected and the corresponding independent investigations, both disciplinary and criminal, were initiated by the Public Prosecutor and the Procurator General; an independent commission of six members was set up to establish the causes of the crisis and to make recommendations. The Committee recalls in this respect that it had requested the Government to ensure that, in the context of the investigations that were being undertaken by the Public Prosecutor and the Procurator General, the necessary steps had been taken to determine conclusively: (1) whether there had been a violation of the legislation and of the provisions governing the DAS with regard to the confidentiality of the information relating to trade union leaders, particularly through the divulgence of such information to paramilitary groups; (2) whether the divulgence of this information corresponded to a plan for the elimination of the trade union movement, including among the victims the persons on the list of those murdered provided by the ITUC; (3) those who were responsible for such violations; and (4) the extent of the involvement of the DAS in such acts. The Committee expresses its concern at the gravity of this situation and notes with deep regret that the Government has not sent its observations in this respect and strongly urges it to do so without delay.
13. 514. With reference to the Justice and Peace Act No. 975, the Committee recalls that it had requested the Government to indicate the impact in practice of the Justice and Peace Act on the pending cases of murders and violence against trade unionists which occurred both prior to the entry into force of the Act and since its entry into force, as well as the influence of the Act on the general climate of violence against trade union leaders and members. In this respect, the Committee notes that the Government indicates that so far 217,498 cases have been reviewed related to the incidents which occurred in zones of influences of the AUC in the context of the Justice and Peace Act. The Government reports that according to the information provided by the Office of the Public Prosecutor, the results of the Justice and Peace Act relating to the cases of trade unionists up to May 2008 are: 11 proceedings opened, five arrest warrants, ten persons arrested and one conviction. While observing that the impact of this new law on investigations into acts of violence against the trade union movement is for the moment very limited, the Committee requests the Government to continue to keep it informed of progress in the application of this law and its relation to progress in the abovementioned investigations.
14. 515. As regards the so-called “Operation Dragon”, which according to the allegations was intended to eliminate several trade union officials, the Committee notes that the Government reports that the Office of the Procurator General, through the Director of Special Investigations, is conducting an investigation. The Prosecutor’s Office reports that the investigation, under File No. 2028, is now being evaluated to see whether it should proceed to the institution of proceedings. The Committee regrets that despite the time elapsed, the Government has not been able to provide more information on allegations of such gravity. In these circumstances, the Committee urges the Government to take the necessary measures to ensure that this investigation yields concrete results as soon as possible, and to send its observations in this respect.
15. 516. As regards the mass detentions of trade unionists alleged by FENSUAGRO in its communication of June 2007, once again the Committee observes that the Government has not sent information in this respect. In these circumstances, bearing in mind the time that has elapsed, the Committee urges the Government to inform it without delay whether the trade unionists are still detained, whether the detentions are based on orders issued by the judicial authority and the grounds for those orders and the status of the related judicial proceedings.
16. 517. With respect to the allegations submitted by the WFTU, according to which the President and the Vice-President of the country initiated a campaign of slander and threats against the trade union movement accusing it of having links with the guerrillas, the Committee notes that in its communication of 2 June 2008, the Bogotá SINTRATELEFONOS again refers to those allegations highlighting that, as a result of the declarations made during the seminar in Ecuador, the trade union officials were accused of being guerrillas. In this respect, the Committee notes that the Government states that in the international seminar held in Quito, Ecuador, from 9 to 13 July 2007, a final declaration was issued justifying the use of violence as a means for seizing power. The Government denies any stigmatization of the trade union movement and indicates that during the formulation of the declaration in question in Quito, the trade unions SINTRATELEFONOS, SINTRAEMCALI and SINTRAUNICOL, the ELN and FARC were present. For these reasons, the Vice-President of the Republic, in a letter of 19 July 2007, requested the trade unions to comment in this respect.
    • Protection of trade unionists
17. 518. As regards protection measures for trade unionists, the Committee notes with interest the broad range of measures adopted by the Government which benefit many threatened trade unions and officials. Indeed, the Committee notes the information provided by the Government, according to which 7,911 security measures have been adopted, of which 1,433 are for the trade union movement, thus representing 18 per cent of the total protection measures for all vulnerable groups (members of the Patriotic Union, councillors, peace agreements, leaders, journalists, deputies, among others). The Committee also notes that the Directorate of Human Rights has been implementing the “Preventive Security Project” since 2004, which is intended to complement protection measures with mechanisms which allow the population to adopt self-protection measures which reduce their vulnerability, and 428 trade union leaders have been trained.
18. 519. The Committee also notes the allegations of the ITUC concerning the particular situation of vulnerability in which teachers find themselves. In this respect, the Committee notes the Government’s information according to which Decree No. 3222 of 10 November 2003 created an inter-institutional group for the prevention of threats, made up of. representatives of the Ministry of Education, the Ministry of the Interior and Justice, the Ministry of Social Security, the Office of the Procurator General, the Vice-President of the Republic and FECODE. In addition, there are now in the 78 regional bodies which are responsible for arranging the relocation of teachers in state educational establishments as a protection measure. In addition, ministerial directive No. 014 of 2002 on protection of threatened and relocated teachers and directives Nos 020 of 2003 and 03 of 2004 were issued, on the incorporation of teachers and administrative staff in staff schemes, establishing guidelines aimed at protecting the lives and physical integrity of teachers. The Committee notes that between 2002 and November 2007, 653 teachers had been definitively relocated, 506 provisionally relocated and 87 teachers were awaiting relocation.
19. 520. The Committee observes in relation to these protection measures that, on the one hand, they constitute a confirmation of the particular vulnerability of trade union members and officias, (including teachers) in the exercise of their trade union rights. However, on the other, they demonstrate the Government’s determination to put an end to this situation to ensure that trade union officials and members can exercise their rights freely and in security. In these circumstances, the Committee requests the Government, while using every means in its power to eradicate violence against trade union officials and members, to take all necessary measures to ensure better and broader protection for threatened trade union officials and members who request it. The Committee requests the Government to continue to send information on any additional measures adopted in this respect and to keep it informed of developments.

The Committee's recommendations

1. 521. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) With regard to acts of violence in particular, the Committee observes that considerable progress has been made in combating violence. Nevertheless, the situation of officials, members and the trade union movement in general continues to be grave; the Committee deplores this situation which it considers unacceptable and totally incompatible with the requirements of the Convention. Under these circumstances, the Committee urges the Government to continue to take all the necessary measures to ensure that workers and trade unions can exercise their rights in full in freedom and security.
   • (b) With regard to the list submitted by the trade union confederations which contains 2,669 officials and members murdered and 197 disappeared, in incidents which occurred between 1 January 1986 and 30 April 2008, the Committee invites the trade unions to make available to the Government and the Office of the Public Prosecutor all the additional relevant information which it may have in order to enable the Office of the Public Prosecutor to update the number of cases that require investigation. The Committee requests the Government to keep it informed in that respect.
   • (c) With respect to progress in the investigations and information provided by the Office of the Public Prosecutor and the Government, the Committee requests the Government to continue to take all the necessary measures to achieve significant progress in the outstanding investigations and the new investigations begun on the basis of the complaints contained in the “new allegations” section and thereby to put an end to the intolerable situation of impunity. The Committee requests the Government to inform it in detail concerning progress in each of the investigations begun, who the guilty persons were, and, in particular, whether it was a case of specific armed groups and what their motives were.
   • (d) As regards the complaints of the ITUC concerning the existence of a close link between paramilitary groups and the DAS which is responsible for providing protection to trade union officials and members, the Committee notes with deep regret that the Government has not sent its observations and strongly urges it to do so without delay.
   • (e) With reference to the Justice and Peace Act, No. 975, while observing that the impact of this new law on investigations into acts of violence against the trade union movement is now very limited, the Committee requests the Government to continue to keep it informed of progress in the application of this law and its relation to progress in the abovementioned investigations.
   • (f) As regards the so-called “Operation Dragon”, which according to the allegations was intended to eliminate several trade union officials, the Committee urges the Government to take the necessary measures to ensure that this investigation yields concrete results as soon as possible and to send its observations in this respect.
   • (g) As regards the mass detentions of trade unionists alleged by FENSUAGRO in its communication of June 2007, once again the Committee observes that the Government has not sent information in this respect. In these circumstances, bearing in mind the time that has elapsed, the Committee urges the Government to inform it without delay whether the trade unionists are still detained, whether the detentions are based on orders issued by the judicial authority and the grounds for those orders and the status of the related judicial proceedings.
   • (h) As regards protection measures for trade unionists, the Committee requests the Government, while using every means in its power to eradicate violence against trade union officials and members, to take all necessary measures to ensure better and broader protection for threatened trade union officials and members who request it. The Committee requests the Government to continue to send information on any additional measures adopted in this respect and to keep it informed of developments.
   • (i) The Committee considers it necessary to draw the special attention of the Governing Body to this case because of the extreme seriousness and urgency of the matters dealt with therein.

Z. Annex

• Statistical information provided by the Government
• Statistical table of all active cases convictions, referrals and proceedings, 2007 and 2008
• (Table not included)
• Total cases, ILO programme
• (Table not included)
• Total cases received, ILO programme
  2007. 2007 / 2008
  41. 41 / 75
• Updated to 28 August 2008.
• General management report
  1. 1 Victims – murdered: Jorge Eduardo Prieto Chamucero, Héctor Alirio Martínez, Leonel Goyeneche.
• Unique case code: 81001031007001-2005-00060-00, received 13 July 2007. For sentencing.
• Internal number of each court: 2007-001-2.
• Offence: Aggravated homicide.
• Accused: Jhon Jairo Hernández Suárez, Juan Pablo Ordoñez Cañón, Walter Loaiza Culma, Oscar Raúl Cuta, Daniel Caballero Rozo.
• Prison establishment (EPC): Tolemaida. In Combita, Daniel Caballero Rozo.
• Originating court, city: Single Criminal Court. Arauca Special Circuit Decongestion Court.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Guilty verdict and sentenced to 40 years prison and accessories 20 years. Returned to originating court on 28 August 2007.
  2. 2 Victims – murdered: Rafael Jaimes Torra (member of trade union of ECOPETROL), Germán Augusto Corzo García (member of trade union of ECOPETROL).
• Unique case code: 68001310700310-2006-0102-00, received 18 July 2007. For sentencing.
• Internal number of each court: 2007-001-1.
• Offence: Homicide, aggravated, conspiracy to commit offences, illegal carriage of arms.
• Accused: Ronaldo David Ruiz and Luis Alfonso Hitla Gómez.
• EPC: Bucaramanga.
• Originating court, city: Special Criminal Circuit Court 3 – Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Convicted 3 August 2007 and sentenced to 450 months of prison and accessories 20 years. Returned to originating court on 9 August 2007.
  3. 3 Victim – murdered: Jorge Dario Hoys Franco (recognized trade union member of the Fusagasuga region).
• Unique case code: 250003207001-2006-00019-00, received 18 July 2007. For sentencing.
• Internal number of each court: 2007-002-2.
• Offence: Aggravated homicide and attempted homicide.
• Accused: Carlos Alberto Monroy Rodríguez.
• EPC: Arrest warrant in force.
• Originating court, city: First Special Criminal Circuit Court of Cundinamarca.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Convicted 14 August 2007 and sentenced to 40 years prison and accessories 20 years. Returned to originating court on 28 August 2007.
  4. 4 Victims – murdered: Joel Paolo Niño Alean (member of USO), Juvenal Esteban Otero Gamero (member of USO).
• Unique case code: 6800131070020-2005-00419-00, received 17 July 2007. For sentencing.
• Internal number of each court: 2007-002-1.
• Offence: Terrorism, conspiracy to commit offences, forced displacement.
• Accused: Jamer Suárez Sierra, Jhon Jairo Valle Montesino, Freddy Sepúlveda Ríos, Edwin Gerardo Méndez Sepúlveda.
• EPC: Barrancabermeja.
• Originating court, city: Second Special Criminal Circuit Court, Bucaramanga.
• Trial Court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Final verdict 13 August 2007 Acquitted. Returned to originating court 15 September 2007.
  5. 5 Victims – murdered: Alejandra Camargo Cabrales (murdered – child, 2 years old), Alma Renata Cabrales and René Alfredo Cabrales.
• Unique case code: 230013107001-2006-00027-00, received 3 August 2007. Trial stage.
• Offence: Aggravated homicide and similar crimes.
• Accused: Salvatore Mancuso Gómez, Carlos Castaño Gil and Fidel Castaño Gil.
• EPC: Itagüí Maximum Security (Mancuso Salvatore).
• Originating court: Special Criminal Circuit Court, Montería – Córdoba.
• Trial Court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Prisoner (Salvatore Mancuso), Castaño Fidel (under valid arrest warrant). Preliminary hearing held on 28 August 2007. Sent to Bogotá High Court on appeal on 30 August 2007. On 4 December 2007, the original case which was appealed was remanded by the Bogotá High Court. A date was set for the preliminary hearing on 18 December and postponed to 10 January 2008. On 10 January 2008, the hearing was adjourned. On 31 January 2008, the preliminary hearing continued and a date was set for the public hearing in 27 and 28 February 2008. The public hearing took place, and judgement was reserved. The judgement was handed down on 26 March 2008, with Salvatore Mancuso Gómez and Fidel Castaño Gil sentenced on the main charge to 40 years prison and on the accessory charge to 20 years. Ordered to pay compensation of 500 times the legal minimum monthly wage. Suspended sentence or house detention not granted. Returned to the originating court on 31 March 2008.
  6. 6 Victim – murdered: Manuel Enrique Charris (employee of Drumond).
• Unique case code: 087583104001-2007-00163-00, received 6 August 2007. Preparation for public hearing.
• Offence: Aggravated homicide with qualified and aggravated robbery.
• Accused: Erwin Arturo Pérez Díaz.
• EPC: Current arrest warrant.
• Originating court, city: Single Criminal Circuit Court, Soledad (Atlántico).
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage of proceedings – Sent for trial: The public hearing was held on 25 and 26 September 2007. On 28 September, the judgement was handed down, with a sentence of 312 months prison and accessory term of ten years. Returned to the originating court on 5 October 2007.
  7. 7 Victim – murdered: Juan de Jesús Orduz (leader of Commune 6, Cúcuta, Edil).
• Unique case code: 540013107002-2006-0108-00, received on 8 August 2007.
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: Luis Evelio Sánchez López and Obrison Cartagena Correa.
• EPC: Bogotá Model Prison (Evelio Sánchez) and arrest warrant for Obrison Cartagena Correa.
• Originating court, city: Seconcd Special Criminal Circuit Court, Cúcuta.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage of proceedings – Sent for trial: On 13 August 2007, there was held to be a conflict of jurisdiction and the trial was returned to the originating court on 15 August 2007.
  8. 8 Victims – murdered: Enrique Gustavo Sánchez González, Albeiro de Jesús Ledesma, José Agustín Colmenares, Luis Enrique Guisao, José Viviano Hurtado Moreno, José Alberto Martínez Ballesta. All members of the CUT more specifically SINTRAINAGRO.
• Victims – injured: César Cuesta Castellanos, José Ancizar Restrepo Díaz.
• Unique case code: 1217 UNDH – 2006-0063, received on 13 August 2007. For sentencing.
• Offence: Homicide against a protected person, bodily harm of a protected person, aggravated rebellion and acts of terrorism.
• Accused: Jhoverman Sánchez Arroyave, alias “Manteco”.
• EPC: Not in custody, arrest warrant.
• Originating court, city: First Special Criminal Circuit Court, Antioquia.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage of proceedings – Sent for trial: Convicted 4 September 2007 and sentenced to 40 years prison with accessory term of 20 years. Returned to originating court on 7 September 2007.
  9. 9 Victims – murdered: Aury Sara Marrugo (trade union branch committee USO), Enrique Arellano Puello (escort).
• Unique case code: 13-001-31-07001-2005-00047-00, received 21 August 2007. For sentencing.
• Offence: Aggravated homicide, conspiracy to commit offences, damage to property and taking of hostages.
• Accused: Salvatore Mancuso Gómez, Carlos Castaño Gil and Uber Enrique Banquez Martínez.
• EPC: Itagüi High and Medium Security (Salvatore Mancuso and Uber Banquez Martínez).
• Originating court, city: Single Special Criminal Circuit Court, Cartagena.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage of proceedings – Sent for trial. Convicted on 18 October 2007 and sentenced to 40 years prison and accessory terms of 20 years. Returned to the originating court on 19 October 2007.
  10. 10 Victim – murdered: Julio Alfonso Poveda Guata (member, Federation of Agriculture and Livestock Cooperatives).
• Unique case code: 110013104016-2007-00615-00, received 23 August 2007. Pending initiation of preliminary trial stage.
• Offence: Aggravated homicide.
• Accused: Eduardo Enrique Corena Morales, Temilda Rosa Martínez de Martínez.
• EPC: Current arrest warrant.
• Originating court, city: Criminal Circuit Court 17, Bogotá.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Public hearing in 8 November, continued 10 December 2007. Public hearing proceeded and concluded. Returned to court for judgement. On 14 December 2007, final judgement - acquittal of Mr Eduardo Enrique Corena Morales and Ms Temilda Rosa Martínez de Martínez on the principle of reasonable doubt and arrest warrants cancelled.
  11. 11 Victim – murdered: Luciano Enrique Romero Molina (SINTRAINAL).
• Unique case code: 200012038001-2007-056-00, received 30 August 2007. Pending initiation of a public hearing.
• Offence: Aggravated homicide of a protected person, conspiracy to commit offences and aggravated robbery.
• Accused: Ustariz Acuña José Antonio, Contreras Puello Jhonathan David.
• EPC: Valledupar.
• Originating court, city: Special criminal circuit court, Valledupar.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Public hearing of 24 September 2007 deferred, and re-set for 4 October 2007. Continued on 6 November 2007, concluded and reserved for judgement. On 26 November 2007, the judgement was handed down, with José Antonio Ustariz Acuña sentenced on the main charge to 40 years prison and a fine of 9,251 times the legal monthly minimum wage. Jhonathan David Contreras Puello was sentenced to 37 years 5 months and payment of a fine of 9,251 times the legal monthly minimum wage and 20 years prison on the accessory charges.
  12. 12 Victim: Eufracio Emilio Ruiz Santiago (Engineering Workers’ Union, San Carlos de Tulúa Valle).
• Unique case code: 768343104001-2007-00144-00, received 6 September 2007. Opening of preliminary proceedings.
• Offence: Threats.
• Accused: Rubén Jairo Pasos Díaz.
• EPC: No arrest warrant, not under arrest.
• Originating court, city: First Criminal Circuit Court, Tulúa – Valle.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Conviction on 9 October 2007, with sentence to 15 months prison and 15 months on the accessory charge. Returned to originating court on 11 October 2007.
  13. 13 Victims – murdered: Rafael Jaimes Torra (member of USO), Germán Augusto Corzo García (member of USO).
• Unique case code: 680013107002-2006-0212-00, received 6 September, bundles of copies and originals on 13 September 2007. Set down for public hearing.
• Offence: Aggravated homicide, conspiracy to commit offences, manufacture and illegal carriage of firearms.
• Accused: Luis Fernando Muñoz Mantilla and Ricardo Ramos Valderrama.
• EPC: Tierra Alta Córdoba.
• Originating court, city: Second Special Criminal Circuit Court, Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage of proceedings – Sent for trial: 30 October 2007 convicted and sentenced to 40 years of prison and 20 years accessory. Returned to the originating court on 1 November 2007.
  14. 14 Victim – murdered: Max Rafael Villa García (belonged to the Atlantico Teachers’ Association (ADEA)).
• Unique case code: 080013104007-2007-0039-00, received 14 September 2007. For sentencing.
• Offence: Homicide.
• Accused: Amaury García Gómez, Edwin Alberto Maestre García, Jhon Jairo Bandera and Juan Alberto Torres García.
• EPC: Bosque, Barranquilla (Amaury García Gómez) and the rest of the group in Barranquilla Model Prison.
• Originating court, city: Criminal Circuit Court 7, Barranquilla.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Final judgement and conviction on 9 October 2007. Edwin Alberto Maestre, Amary García Gómez and Jhon Jairo Bandera Villegas sentenced to 300 months in prison and 20 years accessory and Juan Alberto Castro Torres acquitted and released on bail. On 10 October 2007 returned to originating court.
  15. 15 Victim – murdered: Miguel Enrique Lora Gómez (representative of street vendors of Maicao – Guajira).
• Unique case code: 4443031889002-2005-00032-00, received 14 September 2007. For sentencing.
• Offence: Homicide.
• Accused: Víctor Hazbun Cáceres.
• EPC: Arrest warrant in force.
• Originating court, city: Second Mixed Circuit Court, Maicao.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Final judgment on 28 September 2007 and acquittal of Víctor Hazbun Cáceres and cancellation of arrest warrants. Returned to originating court on 1 October 2007.
  16. 16 Victim: the State.
• Unique case code: 730013104003-2005-00105-00, received 17 September 2007. For initiation of public hearing.
• Offence: Rebellion.
• Accused: Félix Antonio Valencia Herrera, Guillermo Tirana Salguero, Jorge Humberto Muñoz Vélez, Gustavo Avila Díaz, Jorge Nelson Ortigoza Díaz, Carlos Alberto Arévalo López, Darío Arévalo López, Fenibal Novoa Rodríguez, Ismael Lozano González, Carlos Julio Vera Pamo, Carmen Rosa Vásquez Camacho, Ramiro Bazurdo González, Yineth Torres Rodríguez (house arrest), Faustino Ortiz García, Ligia Garzón Bonilla, José Antonio Rodríguez Ramos, Justino Tique Ducuara and Elicio Vera (at liberty).
• EPC: Not in custody.
• Originating court, city: Criminal Circuit Court 6, Ibagué.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: By order of 4 October 2007, returned due to lack of jurisdiction because the victims are not trade unionists. On 8 October 2007 returned to originating court for trial.
  17. 17 Victim: the State.
• Unique case code: 730013104063-2005-00164-00, received 17 September 2007. For initiation of public hearing.
• Offence: Rebellion.
• Accused: Jairo Morales Osorio, Jorge Pinzón, Adolfo Tique, Maximiliano González Bazurdo (house arrest), Carlos Arturo Lozano Salguero, Martín Vásquez Camacho, Alvaro Pavón González, Noé Peña Navarro, Alvaro González, José Ignacio Cardona Patiño and Simeón Romero Hernández (Picaleña prison).
• EPC: Picaleña Prison, Ibagué.
• Originating court, city: Third Criminal Circuit Court, Ibagué.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: By order of 3 October 2007, returned due to lack of jurisdiction because the victims are not trade unionists. On 5 October 2007 returned to originating court for trial.
  18. 18 Victims – murdered: Abigail Girón Campos (member of AICA), Elkin Yanin Rivera Girón (son of Abigail).
• Unique case code: 18 0013107002-2007-00016-00, received 18 September 2007. For public hearing.
• Offence: Aggravated homicide and rebellion.
• Accused: Javier Reyes Hernández.
• EPC: Chiquinquirá Prison and Penitentiary.
• Originating court, city: Second Special Criminal Circuit Court, Florencia – Caquetá.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Continuation of public hearing on 23 October 2007 and judgement reserved. Convicted on 7 November 2007 and sentenced to 40 years prison and 20 years accessory. Returned to Originating court on 7 November 2007.
  19. 19 Victim – murdered: Juan Carlos Ramírez Rey (member of ASEINPEC).
• Unique case code: 500013107003-2006-00073-00, received 26 September 2007. For initiation of trial proceedings.
• Offence: Aggravated homicide, manufacture and illegal carriage of arms and qualified robbery.
• Accused: Carlos Eduardo Acosta Hurtado.
• EPC: Villavicencio Prison and Penitentiary.
• Originating court, city: Third Special Criminal Circuit Court, Villavicencio – Meta.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Preliminary hearing begun on 13 November 2007 and date set for public hearing on 4 December 2007. Hearing postponed to 11 December 2007. Public hearing held on 11 December and reserved for judgement. On 21 December 2007 conviction handed down and Carlos Eduardo Acosta Hurtado sentenced on the main charge to 32 and a half years in prison and barred from public office for 20 years. On 27 December 2007 the case was partially returned. On 24 January, copies were sent.
  20. 20 Victims – murdered: Fabio Coley Coronado (member of CTI), Jorge Luis de Rosa Mejía (member of CTI), Sadith Helena Mendoza (friend), Aida Cecilia Padilla Mercado (friend).
• Unique case code: 700013107001-2007-00047-00, received 27 September 2007. For initiation of trial proceedings.
• Offence: Aggravated homicide and forced disappearance.
• Accused: Rodrigo Antonio Mercado Pelufo, alias “Cadena”, Uber Enrique Banquez Martínez and Hernán Giraldo Serna.
• EPC: Itagüi (Uber Banquez and Hernán Giraldo). Rodrigo Antonio Mercado missing.
• Originating court, city: Special Criminal Circuit Court, Sincelejo – Sucre.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Preliminary hearing begun on 18 October 2007 and order issued on 31 October 2007 that due to lack of jurisdiction, the trial must be returned. On 1 November 2007, the trial was returned to the originating court.
  21. 21 Victims murdered: Geiner Antonio Munive Rodríguez (Medical Director of the Recetor Casanare Health Centre), Nairo Omero Chaparro (ambulance driver).
• Unique case code: 850013107001-2007-0091-00, received 1 October 2007. For plea bargain.
• Offence: Forced disappearance.
• Accused: Alexander González Urbina.
• EPC: Cómbita Prison (Boyacá).
• Originating court, city: Single Special Criminal Circuit Court, Yopal – Casanare.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Returned to originating court because the victims are not trade unionists. On 17 October 2007 the ILO panel of judges decided to return it for lack of jurisdiction. The same day, returned to originating court.
  22. 22 Victims – kidnapped: Roger Alfredo Rendón (SENA instructor), Jairo Miguel Guerra (official of the Instituto Ambiental del Pacífico), Feliz Cuesta Asprilla, Pastor Mostacilla, José Aristarco Mosquera (officials of the Instituto Ambiental del Pacífico), Fabio Emilio Patiño.
• Unique case code: 27301-31-07-2001-2007-00082-00, received 1 October 2007. For initiation of trial stage.
• Offence: Aggravated kidnapping with extortion and conspiracy to commit offences.
• Accused: Julio Emilio Usuga Urrego.
• EPC: Cómbita Prison (Boyacá).
• Originating court, city: Special Court 9 assigned to the ILO, Medellín.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Public hearing set down for 27 November 2007. On 27 November 2007 the public hearing was postponed and set for 3 December 2007. Public hearing postponed to 27 December 2007. On 27 December 2007 the public hearing was postponed and set down for 30 January 2008. The hearing took place and the defendant entered an appeal on grounds of conflict of jurisdictions. On 2 April 2008, a decision was received from the High Court in Bogotá and the hearing was set to continue on 10 April 2008. At the request of the defendant, a new date was set for 23 April 2008. The hearing rook place and a new date was set for 6 May 2008. On 6 May, the public hearing was held and judgement reserved. On 30 May, Julio Emilio Usura Urrego was sentenced to 480 months of prison and a fine of 22,000 times the legal minimum monthly wage.
  23. 23 Victims murdered: Daniel Cortés Cortés (member of SINTRAELECOL), Leonardo Flores Vega.
• Unique case code: 680816000135200600327 (prosecutor’s reference), received 3 October 2007. For initiation of trial stage.
• Offence: Aggravated homicide, qualified and aggravated robbery, illegal carriage of personal side arms.
• Accused: Weimar Alfonso Quintana Murillo, Wilmar Johnson Gallego Cárdenas.
• EPC: Arrest warrant in force.
• Originating court, city: Special National Human Rights (UNDH) and IHL Unit, Prosecutor’s Office  4, ILO, Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: On 25 October 2007 in Barrancabermeja hearing for presentation of charges (Act No. 906 of 2004). Date set for preliminary hearing on 21 November 2007. Public hearing set for 11, 12 and 13 December 2007. On 11 December 2007 oral evidence was heard (article 366 of Act No. 906 of 2004), the initial charge was presented (article 367). Hearing of evidence (chapter III of Act No. 906/2004). On 12 December 2007 continuation of hearing of evidence, submissions of the parties (article 442 of Act No. 906/04). Decision in the case (article 446 of Act No. 906/04). On 13 December 2007 hearing of decision in the case and sentencing: Weimar Alfonso Quintana Murillo and Wilmar Johnson Gallego Cárdenas sentenced to 45 years of prison for the offences of aggravated homicide with similar and other crimes including aggravated robbery and aggravated trafficking and carriage of illegal arms. Accessory sentence – disbarred from public office for a period of 20 years.
  24. 24 Victim – murdered: Jhon Alirio Carmona (street vendors of Pereira – Risaralda).
• Unique case code: 660013104006-2007-00010-00, received 26 October 2007. For initiation of trial stage.
• Offence: Culpable homicide.
• Accused: Luis Eduardo Carvajal Giraldo, Leonardo Antonio González Rodríguez.
• EPC: Released from prison.
• Originating court, city: Criminal Circuit Court 6, Risaralda.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 29 October 2007, hearing of legal representatives. Preliminary hearing set for 26 November 2007. Preliminary hearing postponed and set for 3 December 2007. Hearing postponed and set for 9 and 10 January 2008 for public hearing. Hearing set for 28 January 2008. On 28 January 2008 public hearing commenced, concluded and judgement handed down. On 28 March 2008 Luis Eduardo Carvajal Giraldo and Leonardo Antonio González Rodríguez were sentenced to 24 months prison and a fine of ten times the legal minimum monthly wage. Disbarred for the same time as the principal sentence. Suspended sentence.
  25. 25 Victim – murdered: Oswaldo Moreno Igabué (president of the Community Action Committee).
• Unique case code: 50-001-31-07-2007-00067-00, received 30 October 2007. For prosecution, control of legality and arrest order.
• Offence: Aggravated homicide.
• Accused: Alvaro Alejandro Ospina Aguirre, Diógenes Garzón Reyes, Edilson Perdomo Monroy, José Dimas Cuero Caicedo, James Yobani Lozano Bedoya, Alvaro Betancourt Guzmán, Francisco Alirio Florez, Juan de Jesús Justacara García, Norbey Cubillos Carrillo, Miguel Alberto Lamprea Céspedes, Joel Hortelio Parrado Parrado and Oswaldo Beltrán.
• EPC: Remand in custody of Norbey Cubides Carrillo, Edilson Perdomo Monroy, Joel Hortelio Parrado Parrado and Juan de Jesús Justacara García (Villavicencio Prison).
• Originating court, city: Special Prosecutor’s Office 10, assigned to the ILO, Villavicencio.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 30 October 2007, application to the Centre for Judicial Services, Villavicencio, for formal trial and allocation of case number. 31 October 2007, Second Court proposes conflict of jurisdictions and on 1 November case returned to Criminal Circuit Court 3, Villavicencio.
  26. 26 Victim – murdered: Isabel Toro Soler (member of FECODE, Yopal).
• Unique case code: 850013104002-2007-00130-00, received 30 October 2007. For initiation of trial stage.
• Offence: Aggravated homicide.
• Accused: Cristian Mauricio Barreto Alvarez.
• EPC: Villavicencio District Prison.
• Originating court, city: Special Prosecutor’s Office 10, assigned to the ILO, Villavicencio.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 30 October 2007 application to the Office of Judicial Support, Yopal, for formal trial and allocation of case number, and once granted, set down for hearing, deadline for notification under article 400, Criminal Procedures Code (CPP) starts to run and date of preliminary hearing 27 November 2007. On 27 November 2007 preliminary hearing held and public hearing set for 18 December 2007. On 18 December 2007 public hearing commenced and evidence was taken from several witnesses. The public hearing was set to continue on 14 January 2008. On 14 January 2008, the hearing was postponed to 24 January 2008. On 24 January 2008 the public hearing took place and judgement was reserved. On 31 January 2008 a judgement was handed down and Cristian Mauricio Barreto Alvarez was convicted on the main charge to 314 months of prison and on the accessory charges to the same term.
  27. 27 Victim – murdered: Marco Antonio Salazar Prado (membership of which trade union to be confirmed).
• Unique case code: 520013107002-2007-00095-00, received 30 October 2007. For initiation of trial stage.
• Offence: Aggravated homicide.
• Accused: César Julián Orozco Sánchez.
• EPC: Bogotá Model Prison.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 10, Bogotá.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 1 October 2007 application to the Centre for Special Services, Pasto, for formal trial and case number. On 1 November 2007 recommends proceeding and the time limit under article 400 CPP starts to run. Order issued 27 November 2007 for return to the originating court as lacking jurisdiction, and partially returned to the originating court.
  28. 28 Victims – murdered: Alberto Márquez García (member of Unión Patriótica “UP” and Colombian Communist Party “PCC”), Nelson Castiblanco Franco (DAS escort).
• Unique case code: 730013107002-2007-00275-00, received 7 November 2007. For plea bargain.
• Offence: Conspiracy to commit offences, aggravated homicide, illegal carriage of arms and bodily harm.
• Accused: Jhon Fredy Rubio Sierra.
• EPC: Picaleña.
• Originating court, city: Special Criminal Circuit Court 2, Ibagué – Tolima.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 8 November 2007. 19 November 2007 plea bargain entered and Jhon Fredy Rubio Sierra alias “Mono Miguel” sentenced to prison term of 266 months and 20 days, fine of 2,000 times the legal minimum monthly wage and 20 years on the accessory charges. On 20 November 2007, returned to originating court.
  29. 29 Victim – murdered: Luis José Torres Pérez (member of the Union of Health Workers of Atlántico (ANTHOC)).
• Unique case code: 080013104007-2007-00731-00, received 23 November 2007. Plea bargain entered.
• Incidents: 4 March 2004.
• Offence: Aggravated homicide.
• Accused: Edgar Ignacio Fierro Florez.
• EPC: Barranquilla Model Prison.
• Originating court, city: Special Criminal Circuit Court 7, Barranquilla.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 23 November 2007 and hearing for plea bargain. On 27 November 2007, acceptance of plea bargain and Edgar Ignacio Fierro Florez sentenced to 150 months and the same term for accessory counts. Partially returned to the originating court on the same date.
  30. 30 Victim – murdered: Edgar Manuel Ramírez Gutiérrez (member of SINTRAELECOL, Santander branch).
• Unique case code: 680013107002-2007-00171-00, received 26 November 2007. Presentation of indictment for initiation of trial stage.
• Incidents: 22 February 2001.
• Offence: Aggravated homicide, conspiracy to commit offences and illegal carriage of arms.
• Accused: Juvenal Pérez Niño.
• EPC: Bosque Model Prison – Barranquilla.
• Originating court, city: Special Criminal Circuit Court 2, Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 3 November 2007 and pursuant to article 400 CPP notification starts to run, date of preliminary hearing set for 28 December 2007, hearing held and public hearing set for 22 January 2008. Public hearing held and hearing for judgement set for 31 January 2008. On 31 January 2008, Juvenal Pérez Niño sentenced to 320 months prison and accessory term of 20 years. Returned to originating court on 6 February 2008.
  31. 31 Victim – murdered: Julio Otero Muñoz (Academic Vice-Rector of Magdalena University).
• Unique case code: 47001-3107-001-2007-00012-00, received 26 November 2007. For sentencing.
• Incidents: 14 May 2001 – Santa Marta.
• Offence: Aggravated homicide.
• Accused: Reinaldo de Jesús Torres Forero.
• EPC: Rodrigo de Bastidas de Santa Marta.
• Originating court, city: Special Criminal Circuit Court, Santa Marta – Magdalena.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 4 December 2007. Reserved for judgement. On 26 December 2007 conviction and sentencing of Reinaldo de Jesús Torres Forero to 25 years prison and accessory term of 20 years.
  32. 32 Victim – murdered: Hugo Elias Maduro Rodríguez (student leader at Magdalena University).
• Unique case code: 470013107001-2007-00031-00, received 30 November 2007. For trial and plea bargain.
• Incidents: 26 May 2000.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Luis Carlos López Castro and Gelmer Sait Hincapié de la Cruz.
• EPC: Luis Carlos López Castro (Valledupar Prison) and Gelmer Sait Hincapié de la Cruz (Itagüi Prison).
• Originating court, city: Second Special Criminal Circuit Court, Bucaramanga.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: On 4 December proceedings opened and decision of lack of jurisdiction issued, and case returned to originating court.
  33. 33 Victim – murdered: Blanca Ludivia Hernández Velásquez (member of National Union of Health and Social Security (SINDESS), Armenia Branch (Quindío)).
• Unique case code: 631303104001-2006-00212-00, received 11 December 2007. Continuation of trial stage. Public hearing.
• Offence: Aggravated homicide.
• Accused: Ciro Gómez Rayo.
• EPC: Arrest warrant in force.
• Originating court, city: Single Criminal Circuit Court, Calarcá – Quindío.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 12 December 2007. Public hearing set for 11 January 2008. Public hearing held on 1 February 2008. On 1 February public hearing held and reserved for judgement. 29 February 2008 Ciro Gómez Rayo convicted and sentenced to 25 years prison on the main charge and 20 years on the accessory.
  34. 34 Victim – murdered: Helio Rodríguez Ruiz (member of the Union of Catering, Hotel and Other Workers of Colombia (HOCAR), Barrancabermeja branch).
• Unique case code: 110013104911-2007-00014-00, received 12 December 2007. Plea bargain.
• Incidents: 20 July 2002, Barrancabermeja – Santander.
• Offence: Aggravated homicide with other offences, illegal carriage of arms.
• Accused: Dagoberto Pérez Giraldo and Wilfred Martínez Giraldo.
• EPC: Bucaramanga Model Prison (on another charge).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 14 December 2007. 21 December 2007 Dagoberto Pérez Giraldo and Wilfred Martínez Giraldo convicted and sentenced on the main and accessory charges to 13 years and 4 months prison.
  35. 35 Victim – murdered: Gustavo Castellón Puentes (member of the National Union of Family Benefit Fund Workers (SINALTRACOMFA), Barrancabermeja branch).
• Unique case code: 110013104911-2007-00015-00, received 12 December 2007. Plea bargain.
• Incidents: 20 October 2001, Barrancabermeja – Santander.
• Offence: Aggravated homicide and other offences, illegal carriage of arms.
• Accused: Dagoberto Pérez Giraldo.
• EPC: Bucaramanga Model Prison (on other charges).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened 14 December 2007. 21 December 2007 Dagoberto Pérez Giraldo convicted and sentenced on the main and accessory charges to 13 years and 4 months prison.
  36. 36 Victim – murdered: Cervanto Lerma Guevara (member of the USO, l Barrancabermeja branch).
• Unique case code: 110013104911-2007-00016-00, received 12 December 2007. Plea bargain.
• Incidents: 10 October 2001, Barrancabermeja – Santander.
• Offence: Aggravated homicide.
• Accused: Luis Alfonso Hitta Gómez.
• EPC: Bucaramanga Model Prison (on another charge).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: Proceedings opened on 14 December 2007. 21 December 2007 Luis Alfonso Hitta Gómez convicted and sentenced to 150 months prison on the main and accessory charges.
  37. 37 Victim – murdered: Cristóbal Uribe Beltrán (member of the ANTHOC, North Santander branch).
• Unique case code: 110013104911-2007-00017-00, received 12 December 2007. Plea bargain.
• Incidents: 28 June 2001, Esperanza de Tibú District – North Santander.
• Offence: Aggravated homicide with other crimes and illegal carriage of arms.
• Accused: Edilfredo Esquivel Ruiz and other offences, illegal carriage of arms.
• EPC: Bucaramanga Model Prison (on another charge).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO Bucaramanga.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 14 December 2007. 21 December 2007 Edilfredo Esquivel Ruiz convicted and sentence to 13 years and 4 months prison on the main and accessory charges.
  38. 38 Victim – murdered: Felipe Santiago Mendoza Navarro (member of the USO, l Barrancabermeja branch).
• Unique case code: 110013104911-2007-00018-00, received 12 December 2007. Plea bargain.
• Incidents: 15 August 2002, Esperanza Tibú District, North Santander.
• Offence: Aggravated homicide.
• Accused: Edilfredo Esquivel Ruiz.
• EPC: Bucaramanga Model Prison (on another charge).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 14 December 2007. 21 December 2007 Edilfredo Esquivel Ruiz convicted and sentence to 150 months prison on the main and accessory charges.
  39. 39 Victim – murdered: Manuel Salvador Guerrero Angulo (member of the USO, l Barrancabermeja branch).
• Unique case code: 110013104911-2007-00013-00, received 14 December 2007. Commencement of trial stage.
• Incidents: 2 and 3 November 2003 – Vereda Potosí, Anaime Estate, municipality of Cajamarca. Department of Tolima.
• Offence: Aggravated multiple homicide, aggravated forced disappearance, aggravated torture, aggravated kidnapping and extortion and aggravated qualified robbery.
• Accused: Jair Nuñez Reina.
• EPC: La Dorada – Caldas.
• Originating court, city: UNDH–IHL, prosecutor’s office, Bogotá.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 20 December 2007. Preliminary hearing set for 18 January 2008. Preliminary hearing set for 1 February 2008. On 1 February preliminary hearing held and appeal entered. 14, 15, 18, 19, 20 and 21 February public hearing held, then adjourned until 25 March 2008. Tracing of witnesses. 25 March proceedings initiated and suspended for non-remission, new date set for 27 March. Adjourned for failure of defence to appear, fixed for 11 April 2008. Hearing held and set to continue on 22 and 23 April 2008. Hearing held and set to continue on 19, 20 and 21 May 2008 at 9 a.m., 19, 20 and 21 May public hearing continued and adjourned to 4, 5 and 6 June. Public hearing held and new dates set for 7, 8 and 9 July. Hearing held and reserved for judgement. 13 August Jair Nuñez Reina acquitted.
  40. 40 Victim – murdered: Luis Alberto López Plata (member of the Union of Transport Industry Workers of Santander (SINCOTRAINDER).
• Unique case code: 110013107911-2007-0010-00, received 12 December 2007. For plea bargain.
• Incidents: 16 October 2001 – Planada del Cerro district, Barrancabermeja, Santander.
• Offence: Aggravated homicide, with other offences, illegal carriage of arms.
• Accused: Wilmar Alonso Padilla Garrido alias “Sergio or El Orejón”, José Ricardo Rodríguez alias “Wilson or Peinilla”.
• EPC: Barrancabermeja, Municipal Prison.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened 14 December 2007. Reserved for judgement 19 December 2007, entry of plea bargain for the criminal offence of manufacture, carriage and trafficking of arms. Wilmar Alonso Padilla Garrido alias “Sergio or El Orejón” and José Ricardo Rodríguez alias “Wilson or Peinilla” to 190 months of prison for the main offence and the same term for the accessory charge.
  41. 41 Victim – murdered: Manuel Salvador Guerrero (ex-member of USO).
• Unique case code: 110013104911-2007-00014-00, received 12 December 2007. For plea bargain.
• Incidents: 16 March 2002, commercial establishment called “La Parranda”, Barrancabermeja, Santander.
• Offence: Aggravated homicide, and other offences, illegal carriage of arms, qualified and aggravated robbery.
• Accused: Wilfred Martínez Giraldo, Edgar Javier Padilla Garrido, Luis Alfonso Hitta Gómez.
• EPC: Bucaramanga Model Prison (on another charge).
• Originating court, city: UNDH–ILH Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened 20 December 2007, reserved for sentencing. On 28 December Wilfred Martínez Giraldo alias “Gavilán” sentenced on the main charge to 192 months prison as accomplice in the offence of aggravated homicide. Edgar Javier Padilla Garrido, alias “Rony El Orejón” and Luis Alfonso Hitta Gómez alias “Jacobo” sentenced on the main charge to 241 months prison as accomplices in the offences of aggravated homicide, qualified and aggravated robbery and illegal carriage of firearms. For the accessory offences, the accused were sentenced to be barred from public office for 20 years.
• General report from 16 January 2008
  42. 42 Victim – murdered: Elías Durán Rico (member of SINFUTRANSDIBA).
• Unique case code: 110013107911-2008-0001-00, received 16 January 2008, for plea bargain.
• Offence: Aggravated homicide.
• Accused: Edgar Ignacio Fierro Flórez.
• EPC: Barranquilla Model Prison.
• Originating court, city: UNDH–ILH Prosecutor’s Office 10, Bucaramanga.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 17 January 2008, proceedings opened and reserved for judgement; 31 January 2008 handing down of judgment and acceptance of charges by Edgar Ignacio Fierro Flórez. Sentenced to 230 months prison and an accessory sentence for the same term.
  43. 43 Victim – murdered: Adán Alberto Pacheco (ex-president of SINTAELECOL).
• Unique case code: 110013107912-2008-000-00, received 16 January 2008, for plea bargain.
• Offence: Aggravated homicide.
• Accused: Edgar Ignacio Fierro Flórez.
• EPC: Barranquilla Model Prison.
• Originating court, city: UNDH–ILH Special Prosecutor’s Office 4, ILO, Bucaramanga.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 17 January 2008, proceedings opened and reserved for judgement; 31 January 2008 handing down of judgment and acceptance of charges by Edgar Ignacio Fierro Flórez. Sentenced to 230 months prison and an accessory sentence for the same term.
  44. 44 Victims – murdered: Ricardo Espejo Galindo and others (members of the Union of Agricultural Workers of Tolima (SINTRAGRITOL)).
• Unique case code: 730043107001-2007-00235-00, received 24 January 2008. Initiation of trial stage.
• Offence: Aggravated homicide, torture and other.
• Accused: Juan Carlos Rodríguez Agudelo, Wilson Casallas Suescun and Albeiro Pérez Duque.
• EPC: Casallas Suescun (Cantón Sur Bogotá); Pérez Duquez (Tolemaida Military Detention Centre); Juan Carlos Rodríguez Agudelo (Bogotá Model Prison).
• Originating court, city: Special Criminal Circuit Court 1, Ibagué.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: proceedings opened on 28 January 2008, preliminary hearing set for 13 February 2008. Preliminary hearing held and public hearing set down for 3, 4, 5, 6 and 7 March. Public hearing held and further dates set for 1, 2 and 3 April 2008. Tracing of missing witnesses. Date for continuation set for 7, 8 and 9 May 2008. 7 and 8 May hearing continued and continued hearing set for 20 June. Judgement hearing on 19 August. Order on retrial, appeal as subsidiary granted.
  45. 45 Victims: Abdón Vesga Pineda, William Hugo Ayala Pérez, María Elsa Páez García, Neftalí Rojas Aguilar, Jesús Gustavo Vargas Suarez (members of the Association of Employers of the National Prison Institute (ASEINPEC)).
• Unique case code: 110014004063-2006-00306-00, received 17 January 2008. Commencement of trial stage.
• Offence: Violation of rights of meeting and association.
• Accused: Ricardo Agreda Pinillos.
• EPC: Not in custody.
• Originating court, city: Municipal Criminal Court 63, Bogotá.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 18 January 2008 order to return to originating court due to lack of jurisdiction. 24 January 2008 returned in full to the originating court.
  46. 46 Victims: Carlos Manuel Solarte López and Rodrigo Jaramillo Reyes (National Union of Workers of SINTRABRINKS).
• Unique case code: 110014004063-2004-0657-01, received 17 January 2008. Commencement of trial stage.
• Offence: Violation of rights of meeting and association.
• Accused: Maximilano Guerrero and others.
• EPC: Not in custody.
• Originating court, city: Municipal Criminal Court 63, Bogotá.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 18 January 2008 order to return to originating court due to lack of jurisdiction. 24 January 2008 returned in full to the originating court.
  47. 47 Victims – murdered: Luis Alberto López Plata and Luis Manuel Anaya Aguas (president and treasurer of SINCOTRAINDER).
• Unique case code: 110013107911-2008-003-00, received 22 January 2008. Control of legality.
• Incidents: 16 and 19 October 2001 in Barrancabermeja.
• Offence: Aggravated homicide.
• Accused: Norberto Guarín, José Beltrán, Davis Pinto, Ariel Salazar and Héctor Navarro.
• EPC: Barranca Prison.
• Originating court, city: Special Prosecutor’s Office 4, Bucaramanga.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 22 January 2008 proceedings opened and order to notify the accused within five days from 23 January 2008. 31 January the court declares the action for control of legality inadmissible. On 7 February 2008, returned to Special Prosecutor’s Office 4, Bucaramanga.
  48. 48 Victim – murdered: Gregorio Izquierdo Meléndez (president of SINTRAEMSERPA).
• Unique case code: 110013107911-2008-0002-00, received 21 January 2008. Commencement of trial stage.
• Incidents: 13 September 2006 in Arauca.
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: Wilmar Benavides Téllez and Leonardo Corrales Martínez.
• EPC: Bogotá Model Prison.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 20, Bogotá.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 22 January 2008 proceedings opened and order for notification pursuant to article 400, Act No. 600/2000. Preliminary hearing set for 12 March 2008. On 12 March 2008 public hearing commenced and suspended to request public defence lawyer. Measures taken to appoint defence lawyer. Date for preliminary hearing set at 23 April 2008. On 23 April 2008, public defence lawyer appointed and a new date set for the preliminary hearing. Preliminary hearing held and 19, 20 and 21 May 2008 set for public hearing. On 19 and 20 May public hearing held and concluding submissions made. On 6 June, Wilar Benavides and Leonardo Corrales sentence to 420 months prison and fine of 6,500 times the legal minimum monthly wage. On 27 June leave to appeal granted.
  49. 49 Victim – murdered: Marco Antonio Salazar Prado (to be confirmed to which trade union he belonged).
• Unique case code: 520013107002-2007-00095-00, received 4 February 2008. For initiation of trial stage.
• Offence: Aggravated homicide.
• Accused: César Julián Orozco Sánchez.
• EPC: Bogotá Model Prison.
• Originating court, city: Criminal Circuit Court 3, Pasto.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 5 February proceedings opened. 8 February 2008 decision that the court lacked jurisdiction and order to return the case to the originating court, partially returned to the originating court.
  50. 50 Victims – murdered: Alberto Márquez García and Nelson Castiblanco Franco (SINTRAGRITOL).
• Unique case code: 110013107911-2008-0005-00, received 6 February 2008. Plea bargain.
• Incidents: Natagaima – Tolima 15 July 2003.
• Offence: Double aggravated homicide and other.
• Accused: Diego José Martínez Goyeneche.
• EPC: Picota Penitentiary.
• Originating court, city: Prosecutor’s Office 5, assigned to the ILO, Neiva.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 7 February 2008 proceedings opened and reserved for judgement. 21 February 2008 judged handed down, proceedings declared partially void. Decision approved in part. Diego José Martínez Goyeneche sentenced on the main charge to 320 months prison and a fine of 2,000 times the legal minimum monthly wage.
  51. 51 Victim – murdered: Felipe Santiago Mendoza Navarro (member of USO).
• Unique case code: 110013104911-2008-000300-00, received 8 February 2008. Plea bargain.
• Incidents: 15 August 2002 in Tibú – North Santander.
• Offence: Aggravated homicide and other.
• Accused: Gilmar Mena Cabrera.
• EPC: Cúcuta Model Prison.
• Originating court, city: Special Prosecutor’s Office 4, Bucaramanga (ILO), Neiva.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 February 2008 proceedings opened and reserved for judgement. 13 February 2008 Gilmar Mena Cabrera convicted and sentenced on the main charge to 153 months prison. Accessory sentences for the same term as the main charge.
  52. 52 Victims – murdered: Jacobo Rodríguez (member of AICA) and Judith Andrade Vargas (wife).
• Unique case code: 180013107001-2007-00034-01, received 12 February 2008. Plea bargain.
• Incidents: 18 September 2001. Puerto Rico – Caquetá.
• Offence: Aggravated homicide.
• Accused: Walter Hernández Muñeton.
• EPC: Not in custody.
• Originating court, city: Special Court No. 1 Florencia – Caquetá.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 12 February 2008 proceedings opened and reserved for judgement. 28 February 2008 Walter Hernández Muñeton convicted and sentenced to 465 months prison on the main charge and accessory sentence, barred from rights and public office for 20 years. Compensation of 600 times the legal minimum monthly wage.
  53. 53 Victim – murdered: Alvaro Granados Rativa (member of SUTIMAC).
• Unique case code: 110013104911200800004, received 29 February 2008. Decision to prosecute.
• Incidents: 8 February 2004 in Bogotá DC.
• Offence: Aggravated homicide and illegal carriage of arms.
• Accused: Melquicedet Viuche Hernández.
• EPC: Acacias Penitentiary – Meta.
• Originating court, city: Prosecutor’s Office 10 attached to the special criminal circuit courts, Villavicencio.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: On 3 March 2008 received from the Centre for Administrative Services, proceedings opened and set down for 2 April this year at 10 a.m., for the preliminary hearing. Transfer under article 400 of Act No. 600 of 2000, on 4 March and 7 April 2008, progress in preliminary hearing, since, although set for 2 April, was suspended due to the absence of the defence lawyer. On 22 April this year public hearing, 23 April, reserved for judgement. 15 May 2008, Melquicedet Viuche Hernández convicted and sentenced in the principal charge to 27 years and 2 months prison. Barred from exercise of rights and public office for a term of 20 years. Compensation for injury and moral damages of 250 times the legal minimum monthly wage.
  54. 54 Victim – murdered: Ricardo Luis Orozco Serrano (national vice-president of ANTHOC).
• Unique case code: 110013310791220080000500, received 4 March 2008. Plea bargain.
• Incidents: 2 April 2001 in Soledad – Atlántico.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Carlos Arturo Romero Cuartas.
• EPC: Acacias Medium and High Security Penitentiary – Meta.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 2.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 5 March 2008 proceedings opened and reserved for judgement. 27 March 2008 Carlos Arturo Romero Cuartas convicted and sentenced on the main charge to 270 months prison and a fine of 4,333.3 times the legal minimum monthly wage and accessory sentence barred from rights and public office for 20 years. Compensation of 1,000 times the legal minimum monthly wage. Sent to originating court.
  55. 55 Victim: Fredy Ocoro Otero (Municipal Trade Union of Bugalagrande (FENANSINTRAP – CUT))
• Unique case code: 1100113107911200800006, received 4 March 2008. Plea bargain.
• Offence: Forced displacement and conspiracy to commit offences to force displacement.
• Accused: Elkin Casarrubia Posada and Herbert Veloza García.
• EPC: Vista Hermosa Court Cells, Medellín and Court Cells, Itagüi.
• Originating court, city: Special Prosecution Unit 8, ILO.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 14 March 2008 order to return to the Single Criminal Circuit Decongestion Court (ILO). 14 March 2008, and accordingly the case was returned.
  56. 56 Victim – murdered: Fredy Ocoro Otero (affiliated to the Union of Official Workers of the Municipality of Bugalagrande (FENANSINTRAP – CUT)).
• Unique case code: 1100113107911200800005, received 14 March 2008. Plea bargain.
• Offence: Forced displacement and conspiracy to commit offences to force displacement.
• Accused: Elkin Casarrubia Posada and Herbert Veloza García.
• EPC: Vista Hermosa Court Cells, Medellín and Court Cells, Itagüi.
• Originating court, city: First Special Criminal Circuit Decongestion Court (ILO).
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 14 March 2008 proceedings opened and reserved for judgement. 15 April Elkin Casarrubia Posada and Herbert Veloza García convicted and sentenced in the main charge to 5 years and 4 months prison. Not ordered to pay compensation for material damages. For moral damages, order to pay to the victim the amount of 400 times the legal minimum monthly wage.
  57. 57 Victims: Rosa Judith Polanco, Gloria Rodríguez, Elicideth Aguirre (members of ANTHOC).
• Unique case code: 50001310700120080001700, received 14 March 2008. Control of legality.
• Offence: Aggravated conspiracy to commit offences, aggravated forced displacement and threats.
• Accused: Claudia Lucía Morales Torres, Patricia Mahacha Gutiérrez, Hernando Augusto Sotomayor Rivera, Robinson Isaza Muñoz, Germán Enciso López and Gerardo Fierro Cifuentes.
• EPC: Mitú Prison (Vaupez), Bucaramanga Women’s Prison (Santander) and Prison of the Judicial District of Villavicencio (Meta).
• Originating court, city: First Special Criminal Circuit Court, Villavicencio.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 14 March 2008 control of legality requested by the legal defence lawyers Pedro Julio Gordillo Hernández and Hernán Barreto Moreno on behalf of the accused Claudia Lucía Morales Torres and Patricia Mahacha Gutiérrez admitted. On 31 March the notification lapsed. On 7 April 2008, it was decided: 1. to refuse the action for control of legality against the detention measures filed by the Prosecutor, on 8 April, in accordance with the order of the court, the case was returned to the originating court.
  58. 58 Victim – murdered: Lázaro de Jesús Gil Alvarez (ex-official of FECODE).
• Unique case code: 110013310791220080000600, received 25 March 2008. Plea bargain.
• Incidents: 29 September 2000 in the vía San Francisco – Medellín.
• Offence: Homicide against a protected person and simple kidnapping.
• Accused: Rodrigo Alonso Agudelo Ciro.
• EPC: Bellavista Prison – Antioquia.
• Originating court, city: Special Prosecutor’s Office, Unit 9, ILO.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: on 28 March proceedings opened and reserved for judgement. 2 April 2008, act of formulation of charges for plea bargain declared void. Order to return the case to Special Prosecutor’s Office, Unit 9, to correct the indicated mistake. Order to notify the parties, 17 April. Sent to originating Prosecutor’s Office. 29 April received the case with the mistake corrected. 20 May Rodrigo Alonso Agudelo Ciro sentenced to 207 months prison.
  59. 59 Victim – murdered: Ernesto Alfonso Giraldo Martínez (member of ADIDA).
• Unique case code: 11001-31-04911-2008-00007-00, received 26 March 2008. Plea bargain.
• Incidents: 21 March 2002.
• Offence: Homicide of a protected person and acts of terrorism.
• Accused: Rodrigo Alonso Agudelo Ciro.
• EPC: Bellavista Prison – Antioquia.
• Originating court, city: Special Prosecutor’s Office, Unit 9, ILO.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 27 March referred on grounds of jurisdiction to the Single Criminal Circuit Decongestion Court (ILO).
  60. 60 Victim – murdered: Martha Cecilia Maya Amaya.
• Unique case code: 11001-31-04911-2008-00006-00, received 27 March 2008. Commencement of trial stage.
• Incidents: 6 October 2004.
• Offence: Aggravated homicide and rebellion.
• Accused: Mario Caamaño Parra, Jimmy José Rubio Suárez and Jhon Geiner Hinojosa López.
• EPC: Arrest warrant in force.
• Originating court, city: Special Prosecutor’s Office Unit, ILO.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: On 28 March 2008 proceedings opened and 21 April set for preliminary hearing. On 14 April ordered to be returned to the Criminal Circuit Court, Valledupar (Trial), because the status of trade unionist was not accredited.
  61. 61 Victim – murdered: Ernesto Alfonso Giraldo Martínez (National Association of Teachers (ADIDA)).
• Unique case code: 11001-31-04911-2008-00007-00, received 26 March 2008. Plea bargain.
• Incidents: 21 March 2002.
• Offence: Homicide of protected person and acts of terrorism.
• Accused: Rodrigo Alonso Agudelo Ciro.
• EPC: Bellavista Prison – Antioquia.
• Originating court, city: First Special Criminal Circuit Decongestion Court (ILO).
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: On 28 March proceedings opened and reserved for judgement. 18 April 2008 Rodrigo Alonso Agudelo Ciro convicted and sentenced on the main charge to 20 years prison and a fine of 2,000 times the legal minimum monthly wage. Accessory sentence, barred from rights and public office for 15 years. Application for suspended sentence refused. Ordered to pay compensation in the form, terms and amount indicated under the relevant heading.
  62. 62 Victims – murdered: César Augusto Fonseca Morales, José Rafael Fonseca Morales and José Ramón Fonseca Cassiani (members of SINTRAGRICOLA).
• Unique case code: 11001-31-04911-2008-008, received 3 April 2008. Plea bargain.
• Offence: Aggravated homicide and similar offences.
• Accused: Edgar Ignacio Fierro Flórez “don Antonio”.
• EPC: Barranquilla Model Prison.
• Originating court, city: Second Special Prosecutor’s Office seconded to ILO.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 3 April returned to court. 4 April proceedings opened and certification of trade union requested. 9 April 2008 reserved for judgement. 30 April judgement: (1) Edgar Ignacio Fierro Flórez, alias “don Antonio” convicted on the main charge to 300 months, i.e. 25 years in prison. Seven hundred and fifty (750) times the legal minimum monthly wage applicable at the time of payment, as compensation for moral damages caused by the punishable act of aggravated homicide and similar offences.
  63. 63 Victim – murdered: Soraya Patricia Díaz Arias (Union of Secondary Teachers).
• Unique case code: 110013107912-2008-00007-00, received 8 April 2008. Plea bargain.
• Incidents: 2 September 2003, in the suburb of Puerto Giraldo, town of Ponedra – Atlántico.
• Offence: Homicide of a protected person and conspiracy to commit offences.
• Accused: Henry de Jesús Tabares Vélez and Yhon Jairo Agudelo Castrillón.
• EPC: La Blanca Prison, Manizales.
• Originating court, city: Special Prosecutor’s Office 9, attached to the ILO, Medellín.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 2 April 2008 returned to court. Order to return to Special Prosecutor’s Office 9 (ILO). 4 April returned to Prosecutor’s Office. 21 April received from Special Prosecutor’s Office 9 and returned to Second Court. 21 April proceedings opened and reserved for judgement. 7 May 2008, judgement: One: Henry de Jesús Tabares Vélez and Yhon Jairo Agudelo Castrillón sentences on the main charge to 450 months prison and a fine of 6,750 times the legal minimum monthly wage. Two: Henry de Jesús Tabares Vélez and Yhon Jairo Agudelo Castrillón ordered to pay compensation for moral damages of 1,000 times the legal minimum monthly wage. Three: the entry of this judgement in the Victims Compensation Fund. … Six: return of the case to the Special Criminal Circuit Court –Medellín Division (Antioquia). 13 May the original proceeding was returned to the court.
  64. 64 Victim – murdered: Roberth Cañarte (SINTRAMUNICIPIO BUGALAGRANDE).
• Unique case code: 110013107912-2008-00008-00, received 8 April 2008. Plea bargain.
• Offence: Aggravated homicide, simple kidnapping, carriage of arms and conspiracy to commit offences.
• Accused: Hebert Veloza Vélez alias “HH” and Elkin Casarrubia Posada.
• EPC: Elkin Casarrubia Villahermosa Court Cells, Medellín, Antioquia and Hebert Veloza in Bellavista Prison, Antioquia.
• Originating court, city: Special Prosecutor’s Office 8, (ILO), Cali – Valle.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 9 April returned to court. Proceedings opened and reserved for judgement. 24 April 2008 judgement: (1) Hebert Veloza García sentenced to 309 months prison and a fine of 5,880 times the legal minimum monthly wage and Elkin Casarrubia Posada sentenced to 275 months prison and a fine of 90. (2) the criminal investigation of Hebert Veloza Vélez and Elkin Casarrubia Posada in relation to the offence of carriage of firearms closed, as the matter was time-barred in law. (3) certified copies sent to the Office of the Public Prosecutor to investigate Elkin Casarrubia Posada for conspiracy to commit offences. (4) ordered jointly to pay compensation for moral damages in the amount of 1,000 times the legal minimum monthly wage. (5) certified copies sent to Héctor Fabio Correa Victoria, Mayor of Bugalagrande and to the chief of police of the town, Sergeant Juan Carlos Rojas González. 30 April 2008, sent to originating court.
  65. 65 Victim – murdered: Jesús Orlando Crespo (SINTRAMUNICIPIO BUGALAGRANDE).
• Unique case code: 11001-31-07-911-2008-00009, received 8 April 2008. Plea bargain.
• Offence: Aggravated homicide.
• Accused: Elkin Casarrubia Posada.
• EPC: Villahermosa Prison, Medellín, Antioquia.
• Originating court, city: Special Prosecutor’s Office 8, (ILO), Cali – Valle.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 9 April. returned to court. Proceedings opened and reserved for judgement. 21 April 2008 Elkin Casarrubia Posada convicted and sentenced to 230 months prison. Accessory sentence barred from rights and public office for 20 years. Moral damages of 500 times the legal minimum monthly wage. Sent to originating court.
  66. 66 Victim – murdered:
• Unique case code: 110013107911-2008-00010, received 10 April 2008. With decision to prosecute.
• Incidents: 26 November 2001 in Abriaqui – Antioquia.
• Offence: Kidnapping and extortion.
• Accused: Aicardo de Jesús Agudelo Rodríguez.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 9.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 11 April 2008 proceedings opened and notice under article 400 CPP. On 7 May preliminary hearing set for 27 May 2008. 22 May order to proceed, resignation of defence lawyer accepted, new official defence appointed. 27 May preliminary hearing held and public hearing set for 10 and 11 June. 10 June public hearing held. 24 June Aicardo de Jesús Agudelo Rodríguez convicted and sentenced to 432 months prison and fine of 999.99 times the legal minimum monthly wage.
  67. 67 Victims – murdered: Fidel Antonio Seguro Cano and Ramón Chaverra Robledo (officials of SINTRAOFRAN).
• Unique case code: 11001-31-04911-2008-009, received 10 April 2008. Plea bargain.
• Incidents: 17 July 2001 in Bolívar – Antioquia.
• Offence: Homicide of protected person and acts of terrorism.
• Accused: Aldides de Jesús Durango.
• EPC: Medium and High Security Prison, Itagüi.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 9.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 14 April proceedings opened and reserved for judgement. 19 May Aldides de Jesús Durango convicted and sentenced to 26 years and 8 months prison and fine of 400 times the legal minimum monthly wage.
  68. 68 Victim – murdered: Ana Rubiela Villada Rodríguez (Single Union of Education Workers of Valle (SUTEV)).
• Unique case code: 11001-31-0911-2008-0010, received 18 April 2008. Plea bargain.
• Incidents: 26 October 2001 in Sevilla – Valle.
• Offence: Homicide of protected person and forced disappearance.
• Accused: Hebert Veloza Vélez alias “HH” and Elkin Casarrubia Posada.
• EPC: Bellavista Prison, Antioquia.
• Originating court, city: Special Prosecutor’s Office 8 (ILO).
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 18 April 2008 Returned to Single Criminal Circuit Decongestion Court (ILO). 21 April 2008, proceedings opened and proceedings passed to office for plea bargain. 4 June Hebert Veloza Vélez and Elkin Casarrubia convicted and sentenced to 16 years and 8 months prison.
  69. 69 Victim – murdered: Oscar David Polo Charry (Union of Teachers of Magdalena (EDUMAG)).
• Unique case code: 11001-31-07912-2008-0009, received 25 April 2008. Formulation of indictment in absence.
• Incidents: 28 October 2002 in suburb of Medialuna –Pivijay – Magdalena.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: José Antonio Blanco Morales, Julio César Noriega Castrillón, Luis Antonio Olea Páez, Roberto Carlos Romo Palacios, Dair Alfonso Patriño Torregoza and Fausto Santander Moreno Polo.
• EPC: Arrest warrant in force.
• Originating court, city: First Special Prosecutor’s Office (ILO).
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 28 April 2008 Returned to Second Special Criminal Circuit Decongestion Court (ILO). 29 April proceedings opened and article 400 CPP notice starts to run. 8 May 2008, notice under article 40 suspended. 11 June, public defender accepted, application for dismissal.. 20 June, dismissal refused. 22 July investigation into the accused. 21 August, public hearing.
  70. 70 Victim – murdered: Jaime Alberto Lobato Montenegro (Union of Teachers of Magdalena (EDUMAG)).
• Unique case code: 110013107911-2008-0011-00, received 2 May 2008. Formulation of indictment in absence.
• Incidents: 3 August 2002 in suburb of Medialuna –Pivijay – Magdalena.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: José Antonio Blanco Morales, Julio César Noriega Castrillón, Luis Antonio Olea Páez, Roberto Carlos Romo Palacios, Dair Alfonso Patiño Torregoza and Fausto Santander Moreno Polo.
• EPC: Arrest warrant in force.
• Originating court, city: First Special Prosecutor’s Office (ILO).
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 6 May sent to First Special Criminal Circuit Decongestion Court (ILO). 6 May proceedings opened and article 400 CPP notice starts to run. 27 May article 400 notice expires. 28 May order set date of preliminary hearing at 12 June. 4 June 2008, order to proceed with arrest warrant. 6 June order appointing official defender. 11 June public defender accepted and application of copies allowed. 12 June preliminary hearing, refusal of application for dismissal, defender enters appeal, which is granted and sent to Court. 22 August public hearing.
  71. 71 Victims – murdered: Emerson Iván Herrera Ruales and Luz Mariela Díaz López (Teachers Union of Putumayo).
• Unique case code: 8686560005202008016000, received 2 May 2008. Act of indictment, Act No. 600-2000.
• Incidents: 1 April 2008, Vereda Los Pomos – town of la Hormiga – Putumayo.
• Offence: Aggravated homicide with illegal carriage of arms.
• Accused: Edgardo Alexander Díaz.
• EPC: Mocoa Penitentiary – Putumayo.
• Originating court, city: UNDH Special Prosecutor’s Office 48, Bogotá DC.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 2 May Returned to Single Criminal Circuit Decongestion Court (ILO). Date for hearing for formulation of charge set for 16 May 2008. 16 May, hearing for formulation of charge. 10 June, preliminary hearing. 18 an 19 July 2008, oral hearing. 1 August conclusion of oral hearing. 22 September for judgement.
  72. 72 Victim – murdered: Hugo Alfonso Iguaran Cotes (SINTRAUNICOL).
• Unique case code: 110013107911-2008-0012, received 7 May 2008. Plea bargain with arrest.
• Incidents: 10 September 2000 in Montería – Córdoba.
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: Walter José Mejía López.
• EPC: San Sebastián de Ternera.
• Originating court, city: First Special Prosecutor’s Office, ILO, Cartagena.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 May, sent to First Special Criminal Circuit Decongestion Court (ILO) and originals sent. 8 May 2008, proceedings opened and reserved for judgement. 20 May, plea bargain, sentencing of Walter José Mejía Lópezto 233 months prison and a fine of 3,610.11 times the legal minimum monthly wage. In course of notification.
  73. 73 Victims – murdered: Luis Alfonso Brito and Eneida Quintero Apiayu (Teachers Association of Guajira (ASODEGUA)).
• Unique case code: 110013107912-2008-0010-00, received 12 May 2008. Plea bargain with arrest.
• Incidents: 4 February 2006 in Barbacoas (Guajira).
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: Roger Adán Pérez Romero and Jaiber Rodríguez Rincón.
• EPC: Barranquilla Model Prison.
• Originating court, city: First Special Prosecutor’s Office, ILO, Cartagena.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 13 May, sent to Second Special Criminal Circuit Decongestion Court (ILO) and originals sent. 15 May proceedings opened and plea bargain entered. 21 March, proceedings returned for addition of charge. 29 May proceedings returned and admitted to court for judgment. 12 June Roger Adán Pérez Romero and Jaiber Rodríguez Rincón convicted and sentenced to 303 prison and fine of 3,900 times the legal minimum monthly wage.
  74. 74 Victims – murdered: Alfredo Rafael Francisco Correa de Andreis (ASOPROSIMBOL) and Edelberto Ochoa Martínez (escort).
• Unique case code: 08001310720080027-01, received 20 May 2008. Formulation of charge with arrest and application for plea bargain.
• Incidents: 17 September 2004 in Barranquilla – Atlántico.
• Offence: Aggravated homicide, Homicide of protected person and aggravated conspiracy to commit offences.
• Accused: Rodrigo Tovar Pupo, alias “Jorge 40”, Juan Carlos Rodríguez León, alias “El Gato” and Edgar Ignacio Fierro Flórez alias “don Antonio”.
• EPC: Barranquilla Model Prison (Fierro Flórez and Rodríguez León).
• Originating court, city: Single Special Criminal Circuit Court, Barranquilla.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 28 May proceedings opened and article 400 CPP notice starts to run. Date set for preliminary hearing. 25 July hearing took place and adjournment of the proceedings ordered. Public hearing set for 10 September.
  75. 75 Victim – murdered: Miguel Alberto Fernández Orozco (CUT, Cauca branch).
• Unique case code: 19001310400420070004000, received 23 May 2008. Received for public hearing.
• Incidents: 2005 – Popayán – Cauca.
• Offence: Threats.
• Accused: Alba Susana Chávez Muñoz.
• EPC: Not in custody.
• Originating court, city: Criminal Circuit Court 4, Popayán.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 23 May proceedings opened and public hearing set for 18 June. Public hearing held and reserved for judgement. 4 July, order for dismissal, including decision to close investigation.
  76. 76 Victim – murdered: María Teresa Trujillo de Orozco (Cauca Teachers Association (ASOINCA)).
• Unique case code: 1969860006332008003600, received 29 May 2008. Admitted for preliminary hearing.
• Incidents: 2008 – Santander de Quilichao.
• Offence: Aggravated homicide.
• Accused: Wilson Cristo Herrera Pineda.
• EPC: Santander de Quilichao Circuit Prison.
• Originating court, city: First Criminal Circuit Court, Santander de Quilichao.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 7 May proceedings opened and date set for preliminary hearing on 20 June 2008. Preliminary hearing held. 8, 9 and 10 July oral hearing. 25 July 2008 continuation of oral hearing. 21 August 2008 continuation of oral hearing.
  77. 77 Victims: Miguel Angel Rendon Graciano (vice-president, trade union committee, Union of Public Employees of Sena (SINDESENA)) and others.
• Unique case code: 110013107912-2008-00012-00, received 29 May 2008. Decision to prosecute.
• Incidents: 2002 Quibdo – Chocó.
• Offence: Aggravated kidnapping and extortion and conspiracy to commit offences.
• Accused: Ogli Angel Padilla Romero and Carlos William Palacios Cuesta.
• EPC: Arrest warrant in force.
• Originating court, city: Special Prosecutor’s Office 9, Medellín.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 3 June 2008 proceedings opened, article 400 notice starts to run. 5 August set as date for preliminary hearing. 25 August conclusion of public hearing.
  78. 78 Victim – murdered: Jorge Eliecer Guillén Leal (Union of Chemical Industry Workers (SINTRAINQUIGAS)).
• Unique case code: 680816000135200600704, received 5 June 2008. Received with submission of charges (Act No. 906).
• Incidents: 2006 – Barrancabermeja – Santander.
• Offence: Conspiracy to commit offences, aggravated homicide and carriage of arms.
• Accused: Juan David Guerra Ortega and Klever Guillermo Herrera Ruiz.
• EPC: DAS – Bucaramanga (Juan David) Montería Prison (Klever).
• Originating court, city: UNDH–IHL Prosecutor’s Office 79.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 6 June 2008 sent to court. 6 June proceedings opened. 23 June hearing for verification and specification of sentence and judgement. Judgement: (1) Juan David Guerra convicted and sentenced to 176 months of prison and fine of 4,762.5 times the legal minimum monthly wage. (2) Klever Guillermo Herrera Ruiz convicted and sentenced to 245 months of prison. Appeal filed by the defence which was allowed and sentence suspended. 23 June 2008 sent to High Court, Criminal Division.
  79. 79 Victim: Germán Ignacio Vargas Tarquino.
• Unique case code: 110013107911-2008-00014-00, received 6 June 2008. Decision to prosecute without arrest.
• Incidents: 4 February 2002 in Prado (Tolima).
• Offence: simple kidnapping and threats.
• Accused: Diego Hernán Vera Roldan and Ricaurte Soria Ortíz.
• EPC: Picaleña Ibague (Vera Roldan) and Acacias Medium Security Prison (Soria Ortíz).
• Originating court, city: Prosecutor’s Office 5 attached to the ILO Special Criminal Circuit Court Tolima, Huila and Caquetá.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 6 June 2008 proceedings opened and article 400 notice starts to run. On grounds of jurisdiction, order to return the proceedings as the victim was not a trade union member or leader.
  80. 80 Victim – murdered: Helio Rodríguez Ruiz (Union of Catering, Hotel and Other Workers of Colombia (HOCAR)).
• Unique case code: 110013107912-2008-0013-00, received 9 June 2008. Decision to prosecute without arrest.
• Incidents: 2000 in Bucaramanga (Santander).
• Offence: Aggravated homicide and carriage of arms.
• Accused: Guillermo Hurtado Moreno and Ricardo Ramos Valderrama.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Prosecutor’s Office 79.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 13 June 2008 proceedings opened and article 400 notice starts to run. 11 July 2008 sent to Single Special Criminal Circuit Decongestion Court (ILO) on grounds of jurisdiction.
  81. 81 Victim – murdered: Gustavo Castellón Puentes (SINALTRACOMFA).
• Unique case code: 110013107911-2008-0015-00, received 9 June 2008. Decision to prosecute without arrest.
• Incidents: 2001 in Bucaramanga (Santander).
• Offence: Aggravated homicide and carriage of arms.
• Accused: Guillermo Hurtado Moreno and Wilfredo Osorio Gil.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Prosecutor’s Office 79.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 10 June 2008 assigned to court, proceedings opened and article 400 notice starts to run. 11 July ordered sent to Single Special Criminal Circuit Decongestion Court (ILO) on grounds of jurisdiction.
  82. 82 Victims: Luis Carlos Herrera Monsalve and Aymer Velásquez Urrego (vice-president, Association of Departmental Employees (ADCA)).
• Unique case code: 110013107912-2008-0014-00, received 18 June 2008. Decision to prosecute without arrest.
• Incidents: 2004 in Caicedo (Antioquia).
• Offence: Aggravated kidnapping with extortion.
• Accused: Aircardo de Jesús Agudelo Rodríguez.
• EPC: Arrest warrant in force.
• Originating court, city: Special Prosecutor’s Office 9, ILO, Medellín – Antioquia.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 19 June 2008 assigned to court. Article 400 notice starts to run. 26 August public hearing concludes.
  83. 83 Victims: María Eloisa Vega Guzmán and Zenaida Bermúdez Castro (UNIMAC).
• Unique case code: 11001-31-04911-2008-00014, received 19 June 2008. Decision to prosecute without arrest.
• Incidents: 2000.
• Offence: Illegal coercion.
• Accused: Oscar Antonio Hernández Gómez.
• EPC: No.
• Originating court, city: Criminal Circuit Court 55, Bogotá.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 20 June proceedings opened. 15 July preliminary hearing, appeal and sent to High Court.
  84. 84 Victim – murdered: Jorge Eliecer Guillen Leal (Union of Chemical Industry Workers (SINTRAINQUIGAS)).
• Unique case code: 6808160000002008001600, received 23 June 2008. Admitted with statement of agreement (Act No. 906).
• Incidents: 2006 – Barrancabermeja – Santander.
• Offence: Aggravated homicide Nos 7 and 3.
• Accused: Luis Fernando Niño Cala and Yolver Andrés Gutiérrez Garnica.
• EPC: Bucaramanga Model Prison – Santander.
• Originating court, city: UNDH–IHL Prosecutor’s Office 79.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 23 June 2008 sent to trial court: Single Criminal Circuit Decongestion Court (ILO). 24 June proceedings opened. Sentenced to 208 months prison.
  85. 85 Victim: Fredy Ocoro (official of the Trade Union of the Municipality of Bugalagrande (SINTRAMUNICIPIO)).
• Unique case code: 110013107911-2008-0016, received 25 June 2008. Received with decision to prosecute.
• Incidents: 2000 Bugalagrande – Valle.
• Offence: Conspiracy to commit offences and forced displacement.
• Accused: Edgar Antonio Salgado.
• EPC: Arrest warrant in force.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 26 June 2008 proceedings opened and article 400 notice starts to run. 5 August set for preliminary hearing. 26 August public hearing concluded.
  86. 86 Victims – murdered: Alexander Amaya Bueno and Marco Antonio Beltrán Banderas (SUTEV).
• Unique case code: 1100013104911200800016, received 26 June 2008. Plea bargain entered.
• Incidents: 2002 Palmira – Valle.
• Offence: Homicide of protected person and carriage of arms.
• Accused: Herber Veloza García.
• EPC: Bellavista Prison, Medellín.
• Originating court, city: ILO Special Prosecutor’s Unit 82.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 26 June 2008 Returned to Single Court. 27 June proceedings opened. Herber Veloza García sentenced to 300 months prison.
  87. 87 Victim – murdered: Orlando Frías Parada (Union of Communication Workers (USTC)).
• Unique case code: 1100013104911200800017, received 27 June 2008. Plea bargain entered.
• Incidents: 2003 Villanueva – Casanare.
• Offence: Aggravated homicide and carriage of arms.
• Accused: Josue Dario Orjuela Martínez, alias “Solin”.
• EPC: Bogotá Model Prison.
• Originating court, city: ILO Special Prosecutor’s Unit 88, Villavicencio – Meta.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 27 June 2008 Returned to Single Court. 1 July proceedings opened and admitted by court for plea bargain. 22 August sentenced to 14 years and 7 months prison.
  88. 88 Victim – murdered: Emerson José Pinzón Pertuz (SINDESS).
• Unique case code: 1100013107911200800017, received 7 July 2008. Plea bargain entered.
• Incidents: 2003 Ciénaga – Magdalena.
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: José Gregorio Mangones Lugo.
• EPC: Barranquilla Model Prison.
• Originating court, city: ILO Special Prosecutor’s Unit 84, Cartagena de Indias.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008 Returned to Court, proceedings opened and plea bargain entered. José Gregorio Mangones Lugo convicted and sentenced to 260 months prison.
  89. 89 Victim – murdered: Herberto de Jesús Fihol Pacheco (EDUMAG).
• Unique case code: 1100013107912200800015, received 7 July 2008. Plea bargain entered.
• Incidents: 2003 Ciénaga – Magdalena.
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: Jorge Gregorio Mangones Lugo.
• EPC: Barranquilla Model Prison.
• Originating court, city: ILO Special Prosecutor’s Unit 84, Cartagena de Indias.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008 Returned to Court. 24 July 2008, found guilty.
  90. 90 Victim – murdered: Roberth Cañarte (SINTRAMUNICIPIO Bugalagrande).
• Unique case code: 1100013107911200800018, received 7 July 2008, decision to prosecute.
• Incidents: 2000, Bugalagrande, Valle.
• Offence: Aggravated homicide, aggravated conspiracy to commit offences, kidnapping and carriage of arms.
• Accused: Eduard Antonio Salgado Pérez, alias “Catore”.
• EPC: Arrest warrant in force.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008, Returned to Court. Proceedings opened, article 400 notice starts to run. 25 August hearing held and 2 and 3 September set for continuation.
  91. 91 Victims – murdered: Alexander Amaya Bueno and Marco Antonio Bernal Bandera (SUTEV).
• Unique case code: 110013104911200800021, received 7 July 2008, plea bargain.
• Incidents: 2002, Palmira, Valle.
• Offence: Homicide of protected person and illegal carriage of arms.
• Accused: Elkin Casarrubia Posada.
• EPC: Bellavista Court Cells.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008, Returned to Court. 16 July, proceedings opened and plea bargain entered. 28 July 2008, sentenced to 25 years prison and fine of 1,980 times the legal minimum monthly wage.
  92. 92 Victim: Yesid Plaza Escobar (SINTRAMUNICIPIO Bugalagrande).
• Unique case code: 110013104911200800018, received 7 July 2008, plea bargain.
• Incidents: Bugalagrande – Valle.
• Offence: Aggravated forced displacement.
• Accused: Elkin Casarrubia Posada.
• EPC: Bellavista Court Cells.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008, Returned to Court. 16 July, proceedings opened and plea bargain entered. Elkin Casarrubia Posada sentenced to 300 months prison.
  93. 93 Victims – murdered: Dionila Vitonas Chilhueso and Heber Valencia Valencia (SUTEV).
• Unique case code: 110013104911200800020, received 7 July 2008, plea bargain.
• Incidents: 2002, Florida, Valle.
• Offence: Homicide of protected person and illegal carriage of arms.
• Accused: Hebert Veloza García.
• EPC: Bellavista Court Cells.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008, Returned to Court. 16 July, proceedings opened and plea bargain entered. 12 August 2008, sentenced to 22 years and six months prison and fine of 1,500 times the legal minimum monthly wage.
  94. 94 Victim: Yesid Plaza Escobar (SINTRAMUNICIPIO Bugalagrande).
• Unique case code: 110013104911200800019, received 7 July 2008, plea bargain.
• Incidents: Bugalagrande, Valle.
• Offence: Aggravated forced displacement.
• Accused: Hebert Veloza García.
• EPC: Bellavista Court Cells.
• Originating court, city: ILO Special Prosecutor’s Unit 82, Santiago de Cali – Valle.
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 8 July 2008, returned to court. 9 July, proceedings opened and plea bargain entered. 11 August 2008, sentenced to 45 months prison and fine of 395 times the legal minimum monthly wage.
  95. 95 Victim – murdered: Fanny Toro Vásquez (ANTHOC).
• Unique case code: 110013107912200800016, received 8 July 2008, decision to prosecute.
• Incidents: 2003, Fresno, Tolima.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Alexander López Acosta and Jhon Jairo Ospina Delgado.
• EPC: López Acosta, “Doña Juana” Prison; Ospina Delgado escaped from the Chinchiná-Caldas Municipal Prison.
• Originating court, city: Prosecutor’s Office 5 attached to the ILO Special Criminal Circuit Court Tolima, Huila and Caquetá.
• Trial court: Second Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 9 July 2008, Returned to Court. 14 July, article 400 notice starts to run. Preliminary hearing set for 4 August 2008. Trial adjourned and public hearing set for 29 August.
  96. 96 Victim – murdered: Helio Rodríguez Ruiz (Union of Catering, Hotel and Other Workers of Colombia – HOCAR).
• Unique case code: 110013107912-2008-0013-00, received 9 June 2008, in progress without arrest.
• Incidents: 2000, in Bucaramanga (Santander).
• Offence: Aggravated homicide and carriage of arms.
• Accused: Guillermo Hurtado Moreno and Ricardo Ramos Valderrama.
• EPC: Arrest warrant in force.
• Originating court, city: Second Special Criminal Circuit Decongestion Court (ILO).
• Trial court: Single Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 11 July, Returned to Court. 6 August preliminary hearing held and public hearing set for 1 September.
  97. 97 Victims – murdered: César Augusto Fonseca Morales, José Rafael Fonseca Morales and José Ramón Fonseca Cassiani (SINTRAGRICOLA).
• Unique case code: 11001310791120080019, received 11 July 2008, decision to prosecute without arrest.
• Incidents: 2000, in Bucaramanga (Santander).
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Luis Alberto Cabarcas Amador and Wilson Manuel Naranjo Castro.
• EPC: Tierralta-Córdoba Penitentiary (Cabarcas Amador), Naranjo Castro – arrest warrant in force.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 78, Barranquilla.
• Trial court: First Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 11 July, returned to Court. 14 July, article 400 notice starts, expires 1 August. 25 August, public hearing held and trial suspended.
  98. 98 Victim – murdered: Gustavo Castellón Puentes (SINALTRACOMFA).
• Unique case code: 110013107911-2008-0015-00, received 9 June 2008, Decision to prosecute without arrest.
• Incidents: 2001, in Bucaramanga, Santander.
• Offence: Aggravated homicide and carriage of arms.
• Accused: Guillermo Hurtado Moreno and Wilfredo Osorio Gil.
• EPC: Arrest warrant in force.
• Originating court, city: First Special Criminal Circuit Decongestion Court (ILO).
• Trial court: Single Special Criminal Circuit Decongestion Court (ILO).
• Stage in proceedings – Sent for trial: 14 July, returned to Court. 6 August, preliminary hearing held and public hearing set for 1 September.
  99. 99 Victim: Alexander López Maya (SINTRAEMCALI).
• Unique case code: 110013104056200800015-00, received 17 July 2008, plea bargain.
• Incidents: Cali, Valle.
• Offence: Threats.
• Accused: Hebert Veloza García.
• EPC: Bellavista Court Cells.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 8, Cali – Valle.
• Trial court: Criminal Circuit Court 56, Bogotá DC.
• Stage in proceedings – Sent for trial: 18 July, Returned to Court. 23 July, proceedings opened.
  100. 100 Victim – murdered: Manuel Salvador Guerrero Angulo (USO).
• Unique case code: 110013104056200800016-00, received 21 July 2008, decision to prosecute.
• Incidents: 2006, Barrancabermeja, Santander.
• Offence: Aggravated homicide Nos 3 and 7.
• Accused: Guillermo Hurtado Moreno and Ricardo Ramos Valderrama.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 79, Bucaramanga, Santander.
• Trial court: Criminal Circuit Court 56, Bogotá DC.
• Stage in proceedings – Sent for trial: 22 July, Returned to Court. 23 July, proceedings opened, article 400 notice starts to run.
  101. 101 Victims – murdered: Alfredo Rafael Francisco Correa de Andrés (ASOPROSIMBOL) and Edelberto Ochoa Martínez (Escort).
• Unique case code: 11001310701120080000100, received 20 May 2008 (suspension of trial proceedings), plea bargain.
• Incidents: 17 September 2004 in Barranquilla-Atlántico.
• Offence: Aggravated homicide, Homicide of protected person and aggravated conspiracy to commit offences.
• Accused: Edgar Ignacio Fierro Florez alias “Don Antonio”.
• EPC: Barranquilla Model Prison.
• Originating court, city: Single Special Criminal Circuit Court, Barranquilla.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 23 July 2008, suspension of trial ordered. 12 August 2008, Edgar Ignacio Fierro Florez sentenced to 504 months prison and fine of 2,200 times the legal minimum monthly wage.
  102. 102 Victims – murdered: Alfredo Rafael Francisco Correa de Andrés (ASOPROSIMBOL) and Edelberto Ochoa Martínez (Escort).
• Unique case code: 11001310701120080000200, received 20 May 2008 (suspension of trial proceedings), plea bargain.
• Incidents: 17 September 2004 in Barranquilla-Atlántico.
• Offence: Aggravated homicide, Homicide of protected person and aggravated conspiracy to commit offences.
• Accused: Juan Carlos Rodríguez León.
• EPC: Barranquilla Model Prison.
• Originating court, city: Single Special Criminal Circuit Court, Barranquilla.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 25 July 2008, suspension of trail proceedings ordered. Public hearing held on 27 and 28 August.
  103. 103 Victim – murdered: Fanny Toro Vásquez (ANTHOC).
• Unique case code: 11001310701120080000300, received 28 July 2008, plea bargain.
• Incidents: 20 March 2008, in Fresno, Tolima.
• Offence: Aggravated homicide.
• Accused: Evelio de Jesús Aguirre Hoyos.
• EPC: Picaleña Prison.
• Originating court, city: Special Prosecutor’s Office 86, Neiva.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 31 July 2008, sent to court. 20 August 2008, Evelio de Jesús Aguirre Hoyos sentenced to 207 months prison.
  104. 104 Victim – murdered: Cervando Lerma Guevara (USO).
• Unique case code: 110013104056200800018-00, received 1 August 2008, plea bargain.
• Incidents: 10 October 2001 in Barrancabermeja, Santander.
• Offence: Homicide of protected person.
• Accused: José Raúl Sánchez.
• EPC: Bucaramanga Model Prison (Santander).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 79, Bucaramanga, Santander.
• Trial court: Criminal Circuit Court 56, Bogotá DC.
• Stage in proceedings – Sent for trial: 1 August 2008, sent to court. 6 August, proceedings opened. 8 August, plea bargain entered.
  105. 105 Victim – murdered: Ernesto Alfonso Giraldo Martínez (ADIDA).
• Unique case code: 110013104056200800017-00, received 4 August 2008, decision to prosecute.
• Incidents: 21 March 2002, in San Francisco, Antioquia.
• Offence: Homicide of protected person.
• Accused: Carlos Alirio García Usme.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 85, Medellín, Antioquía.
• Trial court: Criminal Circuit Court 56, Bogotá DC.
• Stage in proceedings – Sent for trial: 4 August 2008, sent to court. 29 August, proceedings opened. Preliminary hearing set for 10 September.
  106. 106 Victim – murdered: Fanny Toro Vásquez (ANTHOC).
• Unique case code: 11001310701120080000400, received 8 July 2008, plea bargain, trial proceedings suspended.
• Incidents: 2003, Fresno, Tolima.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Alexander López Acosta.
• EPC: López Acosta, “Doña Juana” Prison.
• Originating court, city: Prosecutor’s Office 5 attached to the Special Criminal Circuit Decongestion Court, ILO, Tolima, Huila and Caqueta.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 6 August, trial proceedings suspended. 21 August, Alexander López Acosta sentence to 387 months prison and fine of 5,880 times the legal minimum monthly wage and accessories.
  107. 107 Victims – murdered: Dionila Vitonas Chilhueso and Heber Valencia Valencia (SUTEV).
• Unique case code: 1100131070102008000100, received 12 August 2008, plea bargain.
• Incidents: 2002, Florida, Valle.
• Offence: Homicide of protected person and aggravated conspiracy to commit offences.
• Accused: Daniel Mazuera Pineda.
• EPC: “Villa las Palmas” Penitentiary, Palmira, Valle.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 82, Cali, Valle.
• Trial court: Special Criminal Circuit Decongestion Court 10 (ILO).
• Stage in proceedings – Sent for trial: 12 August, returned to court. 26 August, Daniel Mazuera Pineda sentenced to 466 months and 20 days prison and fine of 5,500 times the legal minimum monthly wage and accessories.
  108. 108 Victims – murdered: Luis Eduardo Duque Varón, Antonio José Varón and Alfonso López Nivia (TRADE UNION).
• Unique case code: 1100131070102008000200, received 15 August 2008, decision to prosecute.
• Incidents: 2004, Líbano, Tolima.
• Offence: Aggravated homicide, aggravated conspiracy to commit offences and illegal carriage of arms.
• Accused: Diego José Martínez Goyeneche, Atanael Matajudios Buitrago and Honorio Barreto Rojas.
• EPC: La Picota Penitentiary, Bogotá DC.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 85, Neiva, Huila.
• Trial court: Special Criminal Circuit Decongestion Court 10 (ILO).
• Stage in proceedings – Sent for trial: 19 August, returned to court. 20 August, proceedings opened.
  109. 109 Victims – murdered: Dionila Vitonas Chilhueso and Heber Valencia Valencia (SUTEV).
• Unique case code: 110013104056200800019-00, received 19 August 2008, plea bargain.
• Incidents: 2002, Florida, Valle.
• Offence: Homicide of protected person and illegal carriage of arms.
• Accused: Elkin Casarrubia Posada.
• EPC: Bellavista Court Cells, Antioquia.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 82, Cali, Valle.
• Trial court: Criminal Circuit Court 56, Bogotá DC.
• Stage in proceedings – Sent for trial: 19 August, returned to court. 22 August 2008, proceedings opened and admitted to court.
  110. 110 Victim – murdered: Luis José Torres Pérez (ANTHOC).
• Unique case code: 11001310701120080000500, received 21 August 2008, decision to prosecute.
• Incidents: 2004, Barranquilla, Atlántico.
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Henry Antonio Díaz Gamarra.
• EPC: Arrest warrant in force.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 78, Barranquilla, Atlántico.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 22 August, returned to court. 25 August, proceedings opened.
  111. 111 Victim – murdered: Zully Esther Codina Pérez (SINDESS).
• Unique case code: 1100131070102008000300, received 22 August 2008, plea bargain.
• Incidents: 2003, Santa Marta, Magdalena.
• Offence: Aggravated homicide.
• Accused: Rolando Leonel Bonilla Guerrero.
• EPC: Santa Marta Court Cells, Magdalena.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 12, Bogotá DC.
• Trial court: Special Criminal Circuit Decongestion Court 10 (ILO).
• Stage in proceedings – Sent for trial: 25 August, returned to court. 25 August, proceedings opened.
  112. 112 Victim: State.
• Unique case code: 11001310701120080000500, received 22 August 2008, plea bargain.
• Offence: Conspiracy to commit offences.
• Accused: Roberto Luis Peinado López.
• EPC: Barranquilla Model Prison.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 12, Bogotá DC.
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 25 August, returned to court. 26 August, proceedings opened and admitted to court.
  113. 113 Victim – murdered: Jesús Orlando Crespo (SINTRAMUNICIPIO Bugalagrande).
• Unique case code: 815075, received 26 August 2008, decision to prosecute.
• Incidents: 2000, Bugalagrande.
• Offence: Aggravated homicide and illegal carriage of arms.
• Accused: Edwar Antonio Salgado Pérez and Edilson de Jesús Cadavid Marín.
• EPC: Villahermosa Court Cells (Edilson Cadavid). Salgado (absent).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 82, Cali, Valle.
• Trial court: Special Criminal Circuit Decongestion Court 56 (ILO).
• Stage in proceedings – Sent for trial: 27 August, returned to court. Returned on grounds of jurisdiction to the Special Criminal Circuit Courts of Bogotá (Decision No. 4449).
  114. 114 Victims – murdered: César Augusto Fonseca Morales, José Rafael Fonseca Morales and José Ramón Fonseca Cassiani (SINTRAGRICOLA).
• Unique case code: 1100131070102008000400, suspension of trial proceedings, plea bargain.
• Incidents: 2000, in Bucaramanga (Santander).
• Offence: Aggravated homicide and aggravated conspiracy to commit offences.
• Accused: Luis Alberto Cabarcas Amador.
• EPC: Tierralta Penitentiary, Córdoba.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 78, Barranquilla.
• Trial court: Special Criminal Circuit Decongestion Court 10 (ILO).
• Stage in proceedings – Sent for trial: 25 August, order for suspension of trial proceedings and reserved for judgement.
  115. 115 Victim – murdered: Miguel Rojas Quiñones.
• Unique case code: 815075, decision to prosecute.
• Incidents: 2003, in Bucaramanga (Santander).
• Offence: Aggravated homicide and conspiracy to commit offences and carriage of arms.
• Accused: Edwar Antonio Salgado Pérez and Edilson de Jesús Cadavid Marín.
• EPC: Eilson (Bucaramanga Model Prison), Salgado (arrest warrant).
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 82, Cali (Valle).
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 28 August, sent to court.
  116. 116 Victim – murdered: Jesús Orlando Crespo (SINTRAMUNICIPIO, Bugalagrande).
• Unique case code: 189235, decision to prosecute.
• Incidents: 2000 in Bugalagrande (Valle).
• Offence: Aggravated homicide and conspiracy to commit offences.
• Accused: José Orlando Estrada Rendón, alias “El Paisa” and Luis Jesús García Ortega, alias “Mono Chucho”.
• EPC: Villahermosa Prison.
• Originating court, city: UNDH–IHL Special Prosecutor’s Office 79, Bucaramanga (Santander).
• Trial court: Special Criminal Circuit Decongestion Court 11 (ILO).
• Stage in proceedings – Sent for trial: 28 August, sent to court.
• ILO Homicides – Prioritized
• – Name of Victim: Daniel Ruiz Bedoya.
• Case No.: 050016000206200780032-1.
• Date of the incident: 9 January 2007.
• Offence: Homicide.
• Stage of proceedings: Investigation.
• Prosecutor’s office: Special Prosecutor’s Office 9, Medellín.
• Trade Union: SIGGINPEC.
• State of investigation: 27 May 2008, a meeting was held between the prosecutor and the criminal police to follow up the orders of the criminal police.
• – Name of victim: Luis Fabián Moreno Marín.
• Case No.: criminal notice 660016000035200700219.
• Date of the incident: 1 February 2007.
• Offence: Homicide.
• State of proceedings: Trial.
• Prosecutor’s office: Prosecutor’s Office 5, Homicide, Pereira-Risaralda, for the offence of Homicide.
• Trade Union: SER.
• Stage in the investigation: Criminal Circuit Court 3, 23 April 2008 date and time set down for hearing of the case under a plea bargain between the prosecutor’s office and the accused.
• – Name of victim: Marleny Berrio de Rodríguez.
• Case No.: notice No. 410016000586200702109.
• Date of the incident: 10 June 2007.
• Offence: Aggravated homicide.
• State of proceedings: Convicted, serving sentence.
• Prosecutor’s office: Special Prosecutor’s Office 4, Florencia.
• Trade Union: AICA.
• Stage in the investigation: Hermes Alberto Jiménez and Jair Farfán sentenced to 40 years prison.
• – Name of victim: Wilson Martínez Arenas.
• Case No.: 1100160000282006-01847.
• Date of the incident: 10 July 2006.
• Offence: Homicide.
• State of proceedings: Trial.
• Prosecutor’s office: Prosecutor’s Office 9, First Homicide Unit, Bogotá.
• Stage in the investigation: the trade unionist is the defendant Elber Orozco Pinzón who at the time of the incident was apparently a trade unionist. On 10 June 2008, bill of indictment for acceptance of charges. August 2008, hearing to determine punishment and sentence.
• – Name of victim: Mario de Jesús Giraldo Aristizabal.
• Case No.: 0-05006000206200607803.
• Date of the incident: 7 June 2006.
• Offence: Homicide.
• State of proceedings: Investigation.
• Prosecutor’s office: Prosecutor’s Office 221, Medellín.
• State of investigation: archived because of impossibility of identifying the perpetrator of the crime. Application of the order of 5 July 2008 of Dr Yesid Ramírez Bastinas.
• – Name of victim: Pedro Pablo Hurtado Molina.
• Case No.: 768926000190200780203.
• Date of the incident: 30 July 2007.
• Offence: Homicide.
• State of proceedings: Convicted, serving sentence.
• Prosecutor’s office: Prosecutor’s Office 156, Yumbo, Valle.
• Trade Union: Club San Fernando Workers.
• State of investigation: found guilty by Criminal Circuit Court 10, Cali.
• – Name of victim: Omar Ariza.
• Identity document: 6208400.
• Case No.: 767366000186200800154.
• Date of the incident: 8 April 2008.
• Offence: Homicide.
• State of proceedings: Investigation.
• Prosecutor’s office: Section 7, Sevilla.
• Trade Union: SUTEC.
• State of investigation: 2 July 2008: custodial sentence of 35 months. The juveniles are currently in the Valle de Lili Centre.
• – Name of victim: Tomás Alberto Chiquillo Pascual.
• Identity document: 12703467.
• Case No.: 472886001025200880093.
• Date of the incident: 10 May 2008.
• Offence: Homicide.
• State of proceedings: Investigation.
• Prosecutor’s office: Prosecutor’s Office, Section 26, Fundación Magdalena.
• Trade Union: SINTROPROACEITE.
• State of investigation: 12 August 2008, criminal police report submitted, passed to court.
• – Name of victim: Israel Alfonso Pérez Montes.
• Identity document: 77191571.
• Case No.: 200016001074200880043.
• Date of the incident: 11 January 2008.
• Offence: Homicide.
• Prosecutor’s office: Prosecutor’s Office 13, Homicide Unit, Valledupar.
• Trade Union: SINTRADRUMOND.
• Prosecutor’s office: Prosecutor’s Office 13: 11 April 2008, inspection order. Criminal police report submitted, passed to court.
• – Name of victim: Rafael Antonio Leal Medina.
• Identity document: 19091074.
• Case No.: 730306000457200880036.
• Date of the incident: 4 April 2008, vía panamericana.
• Offence: Homicide.
• Prosecutor’s office: Prosecutor’s Office 13, Lérida Ibague.
• Trade Union: AICA/DOCENTE.
• Prosecutor’s office: Prosecutor’s Office 13: 21 April 2008, methodological programme 21 April 2008. In letter No. 15507 of 23 June 2008 the section directorate, Ibague, was requested for an executive report and opinion on the change of assignment of the case to the National Human Rights Unit.
• – Name of victim: José Fernando López Quiroz.
• Identity document: 1212615667, Porto viejo.
• Case No.: 865686000529200880294.
• Date of the incident: 13 March 2008.
• Offence: Homicide.
• Prosecutor’s office: Prosecutor’s Office 44, Puerto Asis.
• Trade Union: FENSUAGRO.
• State of investigation: A methodological programme was drawn up and orders issued to the criminal police to establish the circumstances in which the incident occurred and to ascertain whether the death occurred in a fight. In letter No. 15505 of 23 June 2008 the section directorate, Mocoa, was requested for an executive report and opinion on the change of assignment of the case to the National Human Rights Unit.
• – Name of victim: Rafael Antonio Leal Medina.
• Identity document: 19091074.
• Case No.: 730306000457200880036.
• Date of the incident: 4 April 2008, vía panamericana.
• Offence: Homicide.
• Prosecutor’s office: Prosecutor’s Office 31 Lérida Ibague.
• Trade Union: AICA/DOCENTE.
• State of investigation: 21 April 2008, methodological programme. 21 April 2008, in letter No. 637, of 13 August 2008, referred to the National Human Rights Unit.
• – Name of victim: Luis Mayusa Prada.
• Identity document: 17352766.
• Case No.: 817366109539200880116.
• Date of the incident: 8 August 2008.
• Offence: Homicide.
• State of proceedings: Investigation.
• Prosecutor’s office: Special Prosecutor’s Office, Arauca.
• Trade Union: Pending confirmation.
• State of the investigation: 8 August 2008, urgent measures taken, methodological programme.
• – Name of victim: Haly Martín Mendoza Carreño.
• Identity document: 13481563.
• Case No.: 54001616079200880498.
• Date of the incident: 10 July 2008.
• Offence: Homicide.
• Prosecutor’s office: Prosecutor’s Office 6, Cucuta.
• Trade Union: ASINORT.
• State of the investigation: Urgent measures being taken as required.