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Information System on International Labour Standards

Rapport intérimaire - Rapport No. 324, Mars 2001

Cas no 1787 (Colombie) - Date de la plainte: 28-JUIN -94 - En suivi

Afficher en : Francais - Espagnol

Allegations: Murder and other acts of violence against trade union officials and members and anti-union dismissals

  1. 257. The Committee last examined this case at its May 2000 meeting [see 322nd Report, paras. 5-37]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 7 and 16 August, 29 September, 4 December 2000, 25 January and 17 February 2001. The Single Confederation of Workers of Colombia (CUT) sent new allegations in a communication dated 5 July 2000. By way of a communication dated 16 December 2000, the World Federation of Trade Union (WFTU) has sent new allegations. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) transmitted new allegations in a communication dated 23 February 2001. The World Confederation of Labour (WCL) presented a complaint in a communication dated 9 February 2001. The Government sent its observations in communications dated 30 August and 23 September 2000 and 1 February 2001.
  2. 258. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

A. Previous examination of the case
  1. 259. At its May 2000 meeting, the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and various acts directed against trade unions, including acts of anti-union discrimination [see 322nd Report, para. 37]:
    • - the Committee deeply deplores the numerous murders and violent acts against unionists mentioned in this report and observes that the Government and the union centrals and confederations provide differing figures of the number of victims. The Committee requests the Government to take appropriate steps, possibly by convening a working group of independent representatives accepted by both parties, to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years and to keep it informed of its findings;
    • - regarding the participation of public officials (especially officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis those groups and the violation of human rights in general that this entails, the Committee requests the Government to order an urgent and global inquiry into these practices at the institutional level, with a view to imposing appropriate sanctions. The Committee further requests the Government to take radical and systematic steps to disband the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers, especially in the case of the United Self-Defence Units of Colombia whose disbanding shows no sign of having made any real progress. The Committee asks the Government to keep it informed of developments;
    • - regarding the protection of trade union officials, the Committee requests the Government to take steps to increase the budgetary allocation that it has earmarked for a programme of protection of trade union officials and, in consultation with the trade union organizations, to adopt additional measures to protect the life of trade union officials who have been threatened;
    • - regarding the matter of impunity, the Committee, noting with concern that, as far as the material and moral perpetrators of the murders of trade union officials and members are concerned, the outcome of the procedures in terms of convictions is virtually nil and that only in exceptional cases are the facts clarified, the culprits identified and the full rigour of the law applied, requests the Government to make a substantial effort to combat the extremely serious and intolerable situation of impunity, which is one of the main reasons for the violence, and to keep it informed of developments;
    • - regarding the alleged acts of violence against trade union officials and members (murders, disappearances, physical aggression, kidnappings and death threats) listed in the annex to this report, which the Government states are being investigated and on which it will inform the Committee of developments, the Committee, while expressing its concern and deeply regretting all these incidents, requests the Government to keep it informed of the findings of all the inquiries currently in progress (a copy of the annex follows).
      • Annex
    • 1. Murders, attempted murders, physical aggression,
      • disappearances and detentions
      • Murders
    • (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta Alvarez (13 August 1995); (3) Francisco Mosquera Córdoba (5 February 1996); (4) Carlos Antonio Arroyo (5 February 1996); (5) Francisco Antonio Usuga (23 February 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Humanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliécer Ojeda (23 May 1994); (10) Alfonso Noguera Cano (4 November 1994); (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndo Rodríguez (3 July 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Freddy Arboleda Aguirre (3 July 1997); (15) William Alonso Suárez Gil (3 July 1997); (16) Eladio de Jesús Chaverra Rodríguez (3 July 1997); (17) Luis Carlos Muñoz Z. (3 July 1997); (18) Nazareno de Jesús Rivera García (3 December 1997); (19) Héctor de Jesús Gómez C. (22 March 1997); (20) Gilberto Casas Arboleda (11 February 1997); (21) Norberto Casas Arboleda (11 February 1997); (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton M. (22 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (19 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Antonio Avilés A. (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camacho Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón H. (7 March 1997); (36) Isidro Segundo Gil Gil (3 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (4 July 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Eliécer Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez Suárez (28 July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1997); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1996); (51) Fernando Triana (31 January 1998); (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Urzola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (6 May 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); (58) José Eduardo Umaña Mendoza (18 April 1998); (59) José Vicente Rincón (7 January 1998); (60) Jorge Boada Palencia (18 April 1998); (61) Jorge Duarte Chávez (9 May 1998); (62) Carlos Rodríguez Márquez (10 May 1998); (63) Arcángel Rubio Ramírez Giraldo (8 January 1998); (64) Orfa Lígia Mejia (7 October 1998); (65) Macario Herrera Villota (25 October 1998); (66) Víctor Eloy Mieles Ospino; (67) Rosa Ramírez (22 July 1999); (68) Oscar Artunduaga Nuñez (1998); (69) Jesús Orlando Arévalo (14 January 1999); (70) Moisés Canedo Estrada (20 January 1999); (71) Gladys Pulido Monroy (18 December 1998); (72) Oscar David Blandón; (73) Oswaldo Rojas Sánchez (11 February 1999); (74) Julio Alfonso Poveda (17 February 1999); (75) Pedro Alejandrino Melchor Tapasco (6 April 1999); (76) Gildardo Tapasco (6 April 1999); (77) Manuel Salvador Avila (22 April 1999); (78) Esaú Moreno Martínez (5 April 1999); (79) Ernesto Emilio Fernández F. (20 November 1995); (80) Libardo Antonio Acevedo (7 July 1996); (81) Magaly Peñaranda Arévalo (27 July 1997); (82) David Quintero Uribe (7 August 1997); (83) Aurelio de J. Arbeláez (4 March 1997); (84) José Guillermo Asprilla T. (23 July 1997); (85) Carlos Arturo Moreno Lopez (7 July 1995); (86) Luis Abel León Villa (21 July 1997); (87) Manuel Francisco Giraldo (22 March 1995); (88) Luis David Alvarado (22 March 1996); (89) Eduardo Enrique Ramos M. (14 July 1997); (90) Marcos Pérez González (10 October 1998; (91) Jorge Luis Ortega G. (20 October 1998); (92) Hortensia Alfaro Banderas (24 October 1998); (93) Jairo Cruz (26 October 1998); (94) Luis Peroza (12 February 1999); (95) Numael Vergel Ortiz (12 February 1999); (96) Gilberto Tovar Escudero (15 February 1999); (97) Albeiro de Jesús Arce V. (19 March 1999); (98) Ricaurte Pérez Rengifo (25 February 1999); (99) Antonio Cerón Olarte.
      • Attempted murders
    • (1) Virgilio Ochoa (16 October 1998); (2) Eugeniano Sánchez (16 October 1998); (3) Benito Rueda Villamizar (16 October 1998); (4) Gilberto Carreño; (5) César Blanco Moreno (28 August 1995); (6) Fernando Morales (1999), (7) Alberto Pardo (1999) and (8) Esaú Moreno (1999).
      • Physical aggression
    • (1) Public enterprises - Cartagena (29 June 1999); (2) César Castaño (6 January 1997); (3) Luis Cruz (6 January 1997); (4) Janeth Leguizamón - ANDAT (6 January 1997); (5) Mario Vergara and (6) Heberto López, N.P.; (7) TELECOM workers (13 October 1998); (8) Protest march - Plaza de Bolívar (20 October 1998).
      • Disappearances
    • (1) Jairo Navarro (6 June 1995); (2) Rami Vaca (27 October 1997); (3) Misael Pinzón Granados (7 December 1997); (4) Justiniano Herrera Escobar (30 January 1999); (5) Rodrigo Rodríguez Sierra (16 February 1995); (6) Ramón Alberto Osorio Beltrán (13 May 1997).
      • Detentions
    • (1) José Ignacio Reyes (8 October 1998); (2) Orlando Rivero (16 October 1998; (3) Sandra Parra (16 October 1998); (4) 201 persons during the national strike (31 August 1999); (5) Horacio Quintero (31 May 1999 and (6) Oswaldo Blanco Ayala (31 May 1999). (The union leaders were detained, received death threats and were released later.)
  2. 2. Threats
  3. (1) Yesid Camacho Jiménez, official of ANTHOC Tolima, two escorts; (2) Luz Amparo Cahavarria, official of CUT Antioquía, two escorts; (3) Jesús Ruiz, official of CUT Antioquía, two escorts; (4) Over Dorado, official of CUT Antioquía, two escorts; (5) Carlos Posada, official of CUT Antioquía, one escort; (6) Nicolás Castro Olaya, official of CUT Atlántico, one escort; (7) Islena Rey Rodríguez, official of CUT Meta, two escorts; (8) Pedro Barón Gutiérrez, official of CUT Tolima, one escort; (9) Carlos Arbey González Quintero, official of CUT Valle, two escorts; (10) Alexander López, President of SINTRAEMCALI, two escorts; (11) Nelson Amaya Guevara, official of CUT Valle, two escorts; SINTRA, municipality of Cartago (Valle), two escorts and one vehicle. (12) The following organizations currently have a safety perimeter and protection: National CUT - Single Workers' Confederation, Santafé de Bogotá; National CTC - Workers' Confederation of Colombia, Santafé de Bogotá; National CGTD - General Democratic Workers' Confederation, Santafé de Bogotá; National FECODE - National Teachers' Federation, Santafé de Bogotá; ASONAL JUDICIAL - National Association of Public Servants and Employers of the Judiciary, Cúcuta; ASINORT (affiliated to FECODE-CUT) - Teachers' Trade Union Association of North Santander, Cúcuta; CUT - Single Workers' Confederation, Cúcuta Section; ANTHOC - National Association of Hospital Workers, Ibagué; ANTHOC - National Association of Hospital Workers, Ocaña; SINTRAELECOL - Electrical Workers' Trade Union of Colombia, Pasto; FENSUAGRO - National Agricultural Workers' Single Trade Union Federation, Santafé de Bogotá; SINTRATELEFONOS - Telephone Company Workers' Trade Union, Santafé de Bogotá; SINALTRAINAL - National Food Industry Workers' Trade Union, Santafé de Bogotá; (13) Martha Cecilia Cadavid; (14) Carlos Hugo Jaramillo; (15) José Luis Jaramillo Galeano; (16) Rangel Ramos Zapata; (17) Jorge Eliécer Marín Trujillo; (18) Víctor Ramírez.
    • - regarding allegations of death threats to: (1) the members of the executive committee of the Workers' Union of the Titan Corporation, Yumbo municipality; (2) the members of the executive committee of the Association of Agriculturalists of Southern Bolívar; (3) Oscar Arturo Orozco, Hernán de Jesús Ortiz; (4) Wilson García Quiceno; (5) Henry Ocampo; (6) Sergio Díaz; (7) Fernando Cardona; (8) Aguirre Restrepo Oscar; (9) Arango Alvaro Alberto; (10) Barrio Castaño Horacio; (11) Franco Jorge Humberto; (12) Giraldo Héctor de Jesús; (13) Gutiérrez Jairo Humberto; (14) Restrepo Luis Norberto; and (15) Jorge Eliécer Marín Trujillo, the Committee urges the Government to take measures to protect trade unionists and unions and emphasizes that all these threats must be reported to the Procurator-General of the Nation. The Committee also requests the Government to keep it informed of the results of the investigations into the disappearances of Alexander Cardona and Mario Jiménez;
    • - noting the Government's statement that information on the forced entry onto the premises of the executive subcommittee of the CUT-Atlántico and the assault of a trade union member have been submitted to the Procurator's Office for investigation, the Committee requests the Government to keep it informed;
    • - the Committee requests the Government to keep it informed of the results of the administrative investigation into the possible violation of the collective agreement at Brinks enterprise;
    • - regarding the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company brought by Germán Bulla and Darío Ramírez, the Committee hopes that the judicial authorities will hand down sentences in the near future and requests the Government to keep it informed of the outcome of those cases; and
    • - the Committee requests the Government to send observations on all the new allegations recently presented by the CIOSL, CUT, CTC, CGTD, USO and ASODEFENSA. The allegations are as follows:
      • Murders
    • (1) César Herrera, treasurer of SINTRAINAGRO and former executive officer of the CUT; (2) Jesús Orlando Crespo García, member of the departmental board of CUT-Valle and president of the Workers' Trade Union of the municipality of Bugalagran de Valle del Cauca, murdered on 31 January 2000; (3) Guillermo Molina Trujillo, official of the Public Service Employers' and Workers' Trade Union, murdered on 1 March 2000 in Yarumal (north of Medellín); (4) José Joaquín Ballestas García, president of the La Vereda Communal Action Board, murdered on 24 March 2000 in Ciénaga de Barbacoas (municipality of Ciénaga de Chucurí and Puerto Beccio); (5) José Atanacio Fernández Quiñonez, member of the Workers' Trade Union of the Department of Antioquía, murdered on 29 March 2000 in the municipality of San Rafael in the eastern part of the department of Antioquía; (6) Hernando Stevenis Vanegas, murdered on 24 March 2000 in La Rompida, municipality of Yondó, by a paramilitary unit that set up a base from 6.30 a.m. to 3 p.m. barely ten minutes away from the Inland Waterways Base of Barrancabermejo; (7) Julio César Jiménez, murdered on 16 March 2000 in San Tropel, municipality of Yondó, by a paramilitary unit; (8) Aldemar Roa Córdoba, murdered on 26 March 2000 in San Rafael, municipality of Yondó, by a paramilitary unit; (9) Jhon Jairo Duarte, whose body was found floating in the Magdalena river on 28 March 2000; (10) Próspero Lagares, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC; (11) Edison Bueno, murdered on 30 March 2000 in the vicinity of the La Ganadera ranch, municipality of Yondó, by 30 paramilitary members of the AUC; (12) Diomedes Playonero Ortiz, member of the executive board of the Rural Workers' Association of Valle del Río Cimitarra (ACV), murdered on 31 March 2000 in the Playonero family's El Porvenir ranch by a paramilitary unit coming from the drug and cattle ranches of Puerto Berrío. The AVC states that: (1) in a radio broadcast on 4 April the paramilitary commander "Julián" said that he was in the city as part of a plan to take over Barrancabermejo, and (2) there is a state paramilitary plan to wipe out the rural workers, inhabitants and organizations of Magdalena Medio; (13) Margarita María Pulgarín Trujillo, a member of ASONAL, murdered on 3 April 2000 in Medellín; (14) Julio César Bethancurt, member of the Workers' Trade Union of the municipality of Yurubo, murdered on 3 April 2000; (15) Islem de Jesús Quintero, member and General Secretary of the ATT, murdered on 5 April 2000 in Pereira, department of Risaralda; (16) César Wilson Cortez, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 2 April 2000 in the municipality of Trinidad, department of Casanare; (17) Rómulo Gamboa, member of the Electrical Workers' Trade Union of Colombia (SINTRAELECOL), murdered on 8 April 2000 in the municipality of Trinidad, department of Casanare; (18) Alejandro Avarez Isaza, unionist, murdered on 7 April 2000 in Argelia, Antioquía; (19) Oscar Darío Zapata, delegate of the SINALTRADIHITEXCO executive board, murdered on 8 April 2000 in Girardota, Antioquía; (20) Alberto Alvarez Macea, unionist, murdered on 8 April 2000, in Montería, capital of Córdoba; (21) James Perez Chima, unionist, murdered on 10 April 2000; (22) Milton Cañas, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja; (23) Humberto Guerrero Porras, worker at ECOPETROL and member of the Petroleum Industry Workers' Trade Union, murdered on 27 April 2000 in Barrancabermeja; (24) Jimmy Acevedo, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000; (25) Aníbal Bemberte, worker at the Nare Cement Quarry and member of the trade union SUTIMAC, murdered on 27 April 2000; (26) Carmen Demilia Rivas, president of the National Association of Hospital and Clinic Workers, Cartago Section, of the Valle del Cavaz, on 17 May 2000 at the Corazón de Jesus Hospital.
      • Death threats
    • (1) Aníbal Meneses, president of the National Trade Union of Workers of the Spinning and Textiles Industry of Colombia (SINALTRAHIHITEXCO) and of the national executive board, threatened by the Industrial Front of the National Liberation Army; (2) José Ricardo Toro Delgado, president of the National Association of Workers in Hospitals and Clinics (ANTHOC), threatened on 14 March 2000; (3) the assistant-director of the Departmental Union of Health Workers of Cesar (SISDEC) threatened in the municipality of Aguachica. (4) In a lengthy communication, ASODEFENSA alleges that its president, María Clara Baquero Sarmiento, and two of its officials and members have again received death threats and that, despite a request to the Government, they have not been granted protection. Moreover, ASODEFENSA alleges numerous acts of anti-union discrimination (transfers, refusal to grant time off for union activities) and interference by the authorities.
      • Assault on demonstrators and detentions
    • (1) On 31 March 2000 anti-riot police broke into the premises of the Operations Centre of the Empresa de Acueducto de Bogotá to prevent workers belonging to the Workers' Trade Union of the Empresa de Acueducto from demonstrating. In the process the police manhandled the president of the trade union, Julio Beltrán, and the current president of the trade union, Abel Duarte, and arrested 11 workers;
  4. (2) On 1 May 2000 in Medellin, the metropolitan police of the Valley of Aburrá advanced upon and arbitrarily detained 67 people participating in a commemoration march for International Labour Day. For their release, 24 of the detainees were obliged to sign a document acknowledging their responsibility for violent acts. To date, eight people are still detained, among them the trade union leader of the Departmental Association of Educators of Antioquía (ADIDA), Alberto Agueldo Rua;
  5. (3) The Confederation of Workers of Colombia (CUT) alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured, and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the BRINKS de Colombia SA company in order to induce the workers to resign from the CTC, as well as non-compliance with the collective agreement in force.
  6. (4) The Petroleum Industry Workers' Trade Union (USO) alleges the temporary detention of the national Vice-President of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials.

B. New allegations

B. New allegations
  1. 260. The International Confederation of Free Trade Unions (ICFTU) (communications dated 7 and 16 August, 29 September, 4 December 2000 and 25 January 2001), the Single Confederation of Workers of Colombia (CUT) (communication dated 5 July 2000), the World Federation of Trade Unions (WFTU) (communication dated 16 December 2000) and the World Confederation of Labour (WCL) (communication dated 9 February 2001) allege the following new acts of violence:
    • Murders
  2. (1) Germán Valderrama, member of the Workers' Union of Caquetá, murdered on 15 January 2000 in Florencia-Caquetá;
  3. (2) Danilo Francisco Maestre Montero, murdered on 3 February 2000 in the rural district of Valledupar (Atanquez);
  4. (3) Mareluis Esther Solano Romero, murdered on 12 February 2000 in Cesar administrative district;
  5. (4) Iván Francisco Hoyos, official of SINTRAELECOL-BOLIVAR, murdered on 15 March 2000 in Cartagena;
  6. (5) Luis Arcadio Ríos Muñoz, murdered on 2 April 2000 in the municipality of San Carlos (Antioquía);
  7. (6) Jesús María Cuella, member of the Teachers' Association of Caquetá (AICA-FECODE), murdered on 13 April 2000 in Florencia (Caquetá);
  8. (7) Gerardo Raigoza, member of SER-FECODE, murdered on 19 April 2000 in Pereira (Risaralda);
  9. (8) Jesús Ramiro Zapata, member of the Teachers' Union of Medellín (ADIDA-FECODE), murdered on 3 May 2000;
  10. (9) Omar Darío Rodríguez Zuleta, member of the Food Workers' Union SINALTRAINAL-Bugalagrande Section, murdered on 21 May 2000;
  11. (10) Nelson Romero Romero, official of the Teachers' Trade Union (ADEM-FECODE), murdered on 1 June 2000;
  12. (11) Abel María Sánchez Salazar, member of the Caquetá Teachers' Trade Union, murdered on 2 June 2000 in Florencia;
  13. (12) Gildardo Uribe, official of SINTRAOFAN-Vegachi executive subcommittee, murdered on 12 June 2000 in the municipality of Vegzalú (Antioquía);
  14. (13) Edgar Marino Pereira Galvis, official of the CUT-Meta executive subcommittee, murdered on 25 June 2000 in the COFREM housing development;
  15. (14) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Antioquía Teachers' Institutes Association, murdered on 2 August 2000 in the municipality of Ciudad Bolívar;
  16. (15) Carmen Emilio Sánchez Coronel, official delegate of the North Santander Teachers' Trade Union;
  17. (16) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Teaching Staff of Ciudad Bolívar, murdered on 2 August 2000;
  18. (17) Arelis Castillo Colorado, murdered on 28 July 2000 in the municipality of Caucasia;
  19. (18) Darío de Jesús Agudelo Bohórquez, member of the ADIDA trade union, murdered on 6 March 2000;
  20. (19) Mauricio Vargas Pabón, member of the CGTD, murdered on 27 January 2000;
  21. (20) Fabio Santos Gaviria, member of APUN, murdered on 25 February 2000;
  22. (21) Leominel Campo Nuñez, member of SINTRAINAGRO, murdered on 23 February 2000;
  23. (22) Franklin Moreno Torres, member of SINTRAINAGRO, murdered on 23 February 2000;
  24. (23) Guillermo Adolfo Parra López, member of ADIDA, murdered on 24 January 2000;
  25. (24) Anival Zuluaga, member of SINTRALANDERS, murdered on 28 February 2000;
  26. (25) Justiniano García, member of SINTRAEMCALI, murdered on 11 March 2000;
  27. (26) Juan José Neira, member of the Manizales Teachers' Association, murdered on 9 March 2000;
  28. (27) Melva Muñoz López, member of Manizales Teachers' Association, murdered on 9 March 2000;
  29. (28) Iván Franco, member of SINTRAELECOL, murdered on 19 March 2000;
  30. (29) Alexander Mauricio Marín Salazar, member of ADEM, murdered on 12 April 2000;
  31. (30) José Antonio Yandu, member of the Ventero Ambulan Association, murdered on 10 April 2000;
  32. (31) Gonzalo Serna, member of the Ventero Ambulan Association, murdered on 10 April 2000;
  33. (32) Bayron de Jesús Velásquez Durango, member of the Ventero Ambulan Association, murdered on 10 April 2000;
  34. (33) Esneda Monsalve, member of ADIDA, murdered on 27 April 2000;
  35. (34) Gloria Nubia Uran Lezcano, member of ADIDA, murdered on 2 May 2000;
  36. (35) Juan Castulo Jiménez Gutiérrez, member of ADIDA, murdered on 26 April 2000;
  37. (36) Carmen Emilia Rivas, member of ANTHOC, murdered on 17 May 2000;
  38. (37) Javier Carbono Maldonado, member of SINTRAELECOL, murdered in July 2000;
  39. (38) Javier Suárez, member of NACC, murdered on 5 January 2000;
  40. (39) Jesús Antonio Posada Marín, member of ADIDA, murdered on 11 May 2000;
  41. (40) Gustavo Enrique Gómez Gómez, member of ADIDA, murdered on 9 May 2000;
  42. (41) Pedro Amado Manjarres, member of ASODEGUUA, murdered on 29 May 2000;
  43. (42) José Arístides Velásquez Hernández, member of SINTRAMUNICIPIO, murdered on 12 June 2000;
  44. (43) Jaime Enrique Barrera, member of ADIDA, murdered on 11 June 2000;
  45. (44) Jorge Andrés Ríos Zapata, member of ADIDA, murdered on 5 January 2000;
  46. (45) Francisco Espadín Medina, member of SINTRAINAGRO, murdered on 7 September 2000;
  47. (46) Miguel Algene Barreto Racine, member of ADES, murdered on 2 August 2000;
  48. (47) Cruz Orlando Benitez Hernández, member of ADIDA, murdered on 7 August 2000;
  49. (48) Francy Uran Molina, member of ADIDA, murdered of 27 August 2000;
  50. (49) Aristarco Arzalluz Zuñiga, member of SINTRAINAGRO, murdered on 30 August 2000;
  51. (50) Alejandro Vélez Jaramillo, member of ASONAL JUDICIAL, murdered on 30 August 2000;
  52. (51) Bernardo Olachica Rojas Gil, member of SES, murdered on 2 September 2000;
  53. (52) Vicente Romana, member of ADIDA, murdered on 5 August 2000;
  54. (53) Lázaro Gil Alvarez, member of ADIDA, murdered on 29 September 2000;
  55. (54) Argemiro Albor Torregroza, member of the Galapa Farmers' Trade Union, murdered on 5 September 2000;
  56. (55) Efraín Becerra, member of SINTRAUNICOL, murdered on 11 September 2000;
  57. (56) Hugo Guarin Cortes, member of SINTRAUNICOL, murdered on 11 September 2000;
  58. (57) Luis Alfonso Páez Molina, member of SINTRAINAGRO, murdered on 12 August 2000;
  59. (58) Sergio Uribe Zuluaga, member of ADIDA, murdered on 25 August 2000;
  60. (59) Bernardo Vergara Vergara, member of ADIDA, murdered on 9 October 2000;
  61. (60) Candelario Zambrano, member of SINTRAINAGRO P.W., murdered on 15 September 2000;
  62. (61) Jairo Herrera, member of SINTRAINAGRO P.W., murdered on 15 September 2000;
  63. (62) Hector Acuña, member of UNIMOTOR, murdered on 16 June 2000;
  64. (63) Julían de J. Durán, member of SINTRAISS, murdered in January 2000;
  65. (64) Eliecer Corredor, member of SINTRAISS, murdered in January 2000;
  66. (65) Miguel Angel Mercado, member of SINTRAISS, murdered in January 2000;
  67. (66) Diego Fernando Gómez, member of SINTRAISS, murdered on 13 July 2000;
  68. (67) Elizabeth Cañas, member of SINTRAISS, murdered in January 2000;
  69. (68) Alejandro Tarazona, member of SINTRAAD, murdered on 26 September 2000;
  70. (69) Víctor Alfonso Vélez Sánchez, member of EDUMAG, murdered on 28 March 2000;
  71. (70) Alfredo Castro Haydar, member of the University Teachers' Association, Atlan, murdered on 10 May 2000;
  72. (71) Edgar Cifuentes, member of ADE, murdered on 4 November 2000;
  73. (72) Juan Bautista Banquet, member of SINTRAINAGRO, murdered on 17 October 2000;
  74. (73) Edison Ariel, member of SINTRAINAGRO, murdered on 17 October 2000;
  75. (74) Omar de Jesús Noguera, member of SINTRAEMCALI, murdered on 26 September 2000;
  76. (75) Jesús Orlando García, member of the Mun Bugala Trade Union, murdered on 2 March 2000;
  77. (76) Víctor Alfonso Vélez Sánchez, member of the Córdoba Teachers' Trade Union Association, murdered in January 2000;
  78. (77) Darío de Jesús Borja, member of ADIDA, murdered on 1 April 2000;
  79. (78) Esneda de las Mercedes Holguín, member of ADIDA, murdered on 27 April 2000;
  80. (79) Bacillides Quiroga, member of SINTRAMUNICIPIO BUGA, murdered on 2 August 2000;
  81. (80) Rubén Darío Guerrero Cuentas, member of SINTRADIAN, murdered on 20 August 2000;
  82. (81) Henry Ordóñez, member of the Meta Teachers' Trade Union Association, murdered on 20 August 2000;
  83. (82) Leonardo Betancourt Méndez, member of the Risaral Teachers' Trade Union Association, murdered on 22 August 2000;
  84. (83) Luis Mesa, member of ASPU, murdered on 26 August 2000;
  85. (84) Hernando Cuartos Agudelo, member of SINALTRAINAL, murdered on 1 September 2000;
  86. (85) Rosalba Calderón Chávez, member of ANTHOC, murdered on 3 October 2000;
  87. (86) Reinaldo Acosta Celemín, member of the Civil Servants' Association, murdered on 3 October 2000;
  88. (87) Aldono Tello Barragán, vice-chairman of the Union Lotenos de Magdalena, murdered on 17 January 2001 in the city of Santa Marta;
  89. (88) Miguel Antonio Medine Bohorguez, member of SINTRENAC, murdered on 17 January 2001 near Altagracia, District of Risenalda;
  90. (89) José Luis Guelte, President of the Ciénaga Section of SINTRAINAGRO, murdered on 13 December 1999 in the Province of Magdalena;
  91. (90) Juan Carlos Alvis Pinzón, relative of the Deputy Secretary-General of the General Confederation of Democratic Workers (CGTD), murdered on 25 July 2000 in Aipa;
  92. (91) Clovis Florez, President of Agrocosta - Córdoba Section, murdered on 15 September 2000, in Montería, Córdoba.
    • Attempted murders
  93. (1) Wilson Borja Diaz, President of the Workers' Federation serving the State (FENALTRASE) on 14 December 2000; he was shot by a hired gun. He is still in hospital in a critical state.
  94. (2) Gustavo Alejandro Castro Londoño, member of the CUT executive committee for the region of Meta; he was attacked on 15 January 2001 in the city of Villavicencio. He is still hospitalized.
  95. (3) Ricardo Navarro Bruges, President of the Workers' Union of the University of Santa Marta (SINTRAUNICOL). He was attacked on 12 January 2001 in the city of Santa Marta.
  96. (4) Ezequiel Antonio Palma, former member of the workers' union of the municipality of Yumbo; a bomb exploded in front of his house on 11 January 2001 in the village of Yumbo, district of Valle del Cavez.
  97. (5) Cesar Andrés Ortíz, coordinator of the youth workers of the CGTD, was the victim of a shot in the back on 26 December 2000.
    • Disappearances
  98. (1) Alexander Cardona, executive committee member of USO;
  99. (2) Ismael Ortega, treasurer of Sintraproaceites San Alberto (Cesar);
  100. (3) Walter Arturo Velásquez Posada, Nueva Floresta School, municipality of El Castillo in the education district of El Ariari, Meta administrative district;
  101. (4) Gilberto Agudelo, president of the National Trade Union of University Workers of Colombia (SINTRAUNICOL);
  102. (5) Nefatalí Romero Lombana, from Aguazúl (Casanare) and Luis Hernán Ramírez, from Chámeza (Casanare), members of SIMAC-FECODE;
  103. (6) Roberto Cañarte M., member of SINTRAMUNICIPIO Bugalagrande, from the Paila Arriba (Valle) rural district;
  104. (7) Germán Medina Gaviria, member of SINTRAEMCALI, on 14 January 2001 in the district of El Porvenir, city of Cali.
    • Death threats
  105. (1) Trade union officials from Cali, Buenaventura, Yumbo, Cartago, Bugalagrande, Tuluá, Sevilla and the executive committee of the CUT-Valle executive subcommittee were threatened with death by the paramilitary group "Bloque Calima".
  106. (2) The entire executive board of the executive subcommittee of CUT-Antioquía were threatened, among them Jesús Ruiz, Amparo Chavarría and Carlos Posada.
  107. (3) Diego Osorio, president of the CUT-Risaralda executive subcommittee was forced to leave the country because of death threats.
  108. (4) Gloria Inés Ramírez, currently president of FECODE and without the protection necessary to guarantee her trade union activities, is receiving death threats.
  109. (5) In June 2000, Héctor Castro, member of the executive committee of the CUT-Valle executive subcommittee had to leave the country with his family because of death threats.
  110. (6) The trade union officials of Segovia and Remedios (Antioquía) are receiving death threats and do not benefit from measures or guarantees to protect their trade union activities.
  111. (7) Executive board members of SINTRAINAGRO and SINTRAPALMAS in Puerto Wilches, administrative district of Santander, have been threatened by leading paramilitaries of the Workers' Union of Officials and Public Employees of Puerto Wilches (USTROPWL). Moreover, union officials of USTROPWL, SINTRAINAGRO and SINTRAPALMAS have been forced to resign because of threats.
  112. (8) The entire National Executive Committee of the USO in Barrancabermeja (Santander) have received death threats and have been declared part of a military objective by the paramilitary.
  113. (9) Paramilitaries have threatened Pablo Vargas, former treasurer of SINTRAINAGRO (Puerto Wilches) and Nicanor Arciniegas Niño, former president of USTROPWL (Puerto Wilches).
  114. (10) Following the murder of five workers, including Alvaro Pimiento, secretary-general of the trade union, the entire union (70 people) had to refuse work in the municipality of Sabana de Torres.
  115. (11) Three members of the Santander Teachers' Trade Union (SES-FECODE), in the municipality of Sabana de Torres, were threatened.
  116. (12) All members of the executive committee of the Workers' Trade Union of Sabana de Torres executive subcommittee were threatened by paramilitary groups. Some 177 members of ANTHOC in Antioquía, Valle, Boyacá, Cundinamarca, North Santander, Guaviare, Caquetá and Tolima have been threatened and displaced. All the members of the executive committee of the CUT-Atlántico executive subcommittee have been threatened. In the same administrative district, José Tinoco, information secretary for SINTRAINDELEC and Jorge Arévalo, secretary for solidarity for SUTIMAC, and all the members of SINTRAIMAGRA have received death threats.
  117. (13) Carlos Jiménez and Rigoberto Bustamante, workers from Boyacá Electricity, Oscar Arturo Orozco and José Rodrigo Acevedo Pérez, workers at the Caldas Hydroelectric Power Plant and president of SINTRAELECOL-Caldas section and national executive committee member and secretary for human rights respectively, and Isabel López, worker for Arauca Electricity, all belonging to SINTRAELECOL, have been threatened. At the Antioquía Energy Company, those threatened include Nicolás Aritizabal, Juan Manuel Giraldo, Nelson Torres, Josué Sánchez, Luis Oscar Toro, José Albertino Quinchía, Cecilia Segura de M., Wilmer Calderón, Víctor Bergara, Luis Enrique Gómez, Omar Sepúlveda, and Walter Jaramillo, Rubén Castro, worker from Electrocosta and president of SINTRAELECOL-Bolivar and Carlos Abello, worker from CODENSA and president of SINTRAELECOL-Bogota, Alex Iván Ortíz, worker at the Cauca Electricity Power Board and national president, Benigno Roncón Martínez and Jesús Anaya Castillo, workers from Corelca.
  118. (14) The following members of the National Union of Bank Employees (UNEB) have been threatened at the national level: Bogotá (18); Medellín (8); Apartadó (1); Cartagena (2); Pasto (1); Fusagasugá (1); Cali (4) and Barranquilla (4). There are also a number of criminal cases before the courts against trade union officials for carrying out their trade union activities.
  119. (15) Luis Elogio Hernández Atehortúa, member of SINTRAOFAN-Vegachí executive subcommittee was forced to move to another city owing to threats against his life, and Sinforiano Paéz and Antonio Cañaveral were threatened.
  120. (16) Juan de la Rosa Grimaldos, President of the trade union organization ASEINPEC, was threatened in May 2000 during a dispute with the authorities of the National Penitentiary Institute.

C. The Government's reply

C. The Government's reply
  1. 261. In its communications of 30 August and 23 September 2000 and 1 February 2001, the Government states that in order to clarify the divergences with regard to the number of murders of trade union officials and members, the Inter-institutional Commission for Promotion and Protection of Workers' Human Rights set up a subcommission consisting of representatives of the Ministry of Labour and Social Security, the Office of the Public Prosecutor, the Attorney-General of the Nation, the United Nations High Commission of Human Rights, the People's Advocate, the Secretary-General of the Episcopal Conference, the Single Confederation of Workers of Colombia and the Vice-President of the Republic. The Government adds that on 31 January 2001, the subcommission presented the results of its work, consisting of the verification of 842 cases during the period of 1991-2000; they also agreed to continue their work and to meet with the Public Prosecutor and the People's Advocate in order to expedite criminal proceedings.
  2. 262. The State has made successful advances against the illegal armed groups that are largely responsible for the violation of human rights of the Colombian people. Between January 1998 and December 1999, according to official reports from the military, the national police, the Technical Investigative Unit of the Attorney-General of the Nation and the Security Administrative Department, the following results have been achieved:
    • Members of the "self-defence" groups - captured 484
    • Members of the "self-defence" - combat casualties 7
    • n.b.. These data do not include proceedings filed with the Attorney-General's Office.
    • Official reports from the military give the following information on guerrilla groups:
    • Operation 1998 1999 2000
    • Guerrilla fighters - captured 2 001 786 137*
    • Guerrilla fighters - combat casualties 739 1 019 155*
    • * n.b.. Data for the first two months of 2000.
  3. 263. Concerning the state proceedings against agents of the State accused of violating human rights, the Government explains that the State has taken steps against some of its own workers who have exceeded their brief and ignored their duties, thereby violating human rights. The outcome of the investigation of the Procurator-General of the Nation is as follows:
    • Civil servants involved
    • Organization Number of people involved
  4. 1997 1998 1999
    • Those who have been charged 136
    • Those who have been sentenced
    • National police 59 66 42
    • National army 27 77 15
    • Security Administrative Department 19 25 20
    • National Penitentiary Institute 2
    • Navy 4
    • Other organizations 7 1
    • Total number of people sentenced 111 175 78
    • Classification of the main decisions (sentences and conclusion of proceedings)
    • Activity 1997 1998 1999 Total
    • Torture 41 61 44 146
    • Disappearances 6 12 13 31
    • Multiple murders 2 5 4 11
    • Violation of international humanitarian law 0 0 2 2
    • Genocide 0 0 0 0
    • Total 51 83 64 198
    • In conclusion, as can be seen from the information provided the State has been carrying out disciplinary action against those responsible for violating human rights.
  5. 264. With regard to protection of trade union organizations and officials, the Government declares that the Security Administrative Department is currently paying the salaries of the bodyguards protecting trade union officials. In order to guarantee protection for other trade union officials and trade union premises, negotiations with regard to financial resources are in progress with the Treasury. For the year 2000, an additional allotment of 600 million pesos has been made to the protection programme and all the necessary measures have been taken to increase the budget and to ensure the continuation of this programme. According to information provided by the Ministry of the Interior's Human Rights Office, the protection programme has allocated the following resources to the safety and protection of trade union officials:
    • Programme subsidies to trade union leaders January 1999 to 30 April 2000
    • Initiative Trade unions
    • Amount Number
    • Domestic travel 20 801 175.00 81
    • Travel allowance 26 206 106.20 125
    • Protection (shielding) of offices 1 799 949 835.80 49
    • Total 1 846 957 117.00 206
  6. 265. The Government indicates that during the year 2000, the Committee on Risk Regulation and Assessment investigated and adopted security measures to protect, among others, a large number of trade union leaders and organizations (51 cases). More specifically, the Government indicates that the measures taken included: escorts, bodyguards, vehicles, cellular phones, travel documents for foreign countries, self-defence courses, shielding of trade union premises, etc.
  7. 266. Regarding the new allegations presented by the ICFTU and the trade union centrals of Colombia [see 322nd Report of the Committee, para. 37], the Ministry provides the following information:
    • Murders
    • n César Herrera, trade union official of SINTRAINAGRO, murdered on 13 December 1999. According to information provided by the president and other executive committee members of this trade union, his murder is attributed to the FARC. The trade union itself had assigned him duties in the municipality of Apartadó, far from his home and work, but motivated by the wish to see his family he ignored the security measures and exposed himself to risk by returning to the municipality of Ciénaga, where he was assassinated. It should be added that following the request for protection which was presented by the trade union, the coordinator of the human rights assessment group of the Ministry of Labour and Social Security, in a letter dated 15 September 1999 to Guillermo Rivera, President of SINTRAINAGRO, stated the following:
    • The Committee on Risk Regulation and Assessment, coordinated by the Ministry of the Interior, yesterday received information on the implementation of protection measures for SINTRAINAGRO and its officials. The relevant risk assessment was carried out on 24 May 1999. The Committee has postponed a decision on adopting protection measures until such time as a specific request for protection is made through Jesús González or Domingo Tovar of the executive of the CUT, to which the trade union belongs. This corresponds to suggestion made by them in their capacity as trade union representatives on the Committee.
    • Therefore, it was the responsibility of the trade union delegates on the Committee on Risk Regulation and Assessment to present the cases that SINTRAINAGRO requested for assessment and approval. In effect, between October and December 1999 the Committee was presented with protection requests for a number of trade union officials belonging to the SINTRAINAGRO-Puerto Wilches section. The other sections did not present any requests and the trade union representatives on the Committee presented no protection requests referring specifically to the trade union leader César Herrera. Investigation into this crime is taking place under file No. 708. On 28 January 2000, the Attorney-General's Office assigned the investigation to the Human Rights Unit under Decision No. 0078. Evidence is currently being collected.
    • n Jesús Orlando Crespo García, President of the Workers' Trade Union of the Municipality of Bugalagrande and member of the departmental committee of CUT-Valle, murdered on 31 January 2000. According to public communiqué No. 083 dated 2 February 2000, the director of the department of human rights of CUT states the following:
    • This crime took place when our official was returning from an area where there were farmers displaced by the terror caused by the paramilitaries (93 murders between August 1999 and January 2000 including massacres, selective murder of farmers, human rights defenders, and lawyers for the displaced). Even with a figure of 93 murders, the national, departmental, and municipal governments are doing nothing to disband this paramilitary group "Bloque Calima".
    • Having carried out the relevant investigations, no request for protection for this trade union leader or for his trade union organization was found. The area from which the trade union leader was returning is, according to the aforementioned communiqué, an area of paramilitary terrorist activity. This case was filed as No. 186 with the Specialist Unit of the Attorney-General's Office that was created for this purpose. This unit ordered the SIJIN (Judicial Police) of Tuluá to carry out an investigative mission to gather evidence and, to date, the declaration made by Jorge Humberto Crespo has been received, among others.
    • n Guillermo Molina Trujillo (Yarumal). File No. 3637. On 24 March 2000 the official report was sent to the Specialist Unit in Medellín, which is currently collecting evidence.
    • n José Joaquín Balestas Quiñónez, Hernando Stevenis Vanegas, Julio César Jiménez, Aldemar Roa Córdoba, Jhon Jairo Duarte, Próspero Lagares Edison Bueno. Although these farmers have no trade union link, the Government has requested information on progress in the investigations from the Attorney-General's Office. This is being carried out in order to establish whether these acts of violence that are part of the complaint to the ILO are related to any political, state, or enterprise infringement of the exercise of freedom of association.
    • n José Atanasio Fernández Quiñónez (Antioquía). File No. 1302. The San Rafael Specialist Unit in charge of the investigation and on 24 April 2000 an order was issued to identify those responsible.
    • n Diomedes Playonero Ortíz (San Gil). The Vélez Prosecutor's Office initiated the hearing of the investigation. On 1 June 2000 proceedings were transferred to the Vélez Section Unit of the Prosecutor's Office. Evidence is currently being collected.
    • n Julio César Betancurt (Yumbo). File No. 116491. This case was assigned to investigator No. 157 of the Yumbo Section Unit of the Prosecutor's Office. The police version of the occurrence has been heard but no link between the deceased and trade union meetings has been established.
    • n Islem de Jesús Quintero (Pereira). File No. 66142464. The investigation was assigned to Prosecutor's Office (unidad de vida). On 12 April 2000 the preliminary investigation began, telephone tapping was ordered, and an action group with DAS investigators was formed. Evidence is currently being collected.
    • n César Wilson Cortes (Casanare). File No. 354 of the Paz de Ariporo Section Unit of the Prosecutor's Office (administrative district of Casanare). Worker for the Colombia Electricity Company. The Prosecutor's Office in charge of the hearing authorized the technical investigation body (Prosecutor's Office) and the local DAS to collect evidence.
    • n Rómulo Gamboa (Casanare). File No. 354 of the Paz de Ariporo Section Unit of the Prosecutor's Office (Casanare). Worker for the Colombia Electricity Company. The Prosecutor's Office in charge of the hearing authorized the CTI-Prosecutor's Office and the local DAS to collect evidence. According to evidence submitted by the executive board for human rights of the national police, the trade union members César Wilson Cortes Cáceres and Rómulo Gamboa, machine operators at the Electricity Company, were murdered on 8 April in the municipality of Trinidad, administrative district of Casanare, by the 28th front of FARC which mistook them for members of the self-defence groups. José Heli Pérez and Julio Vicente Camacho were wounded in the same attack and the rebels "apologised for the aforementioned confusion". Both those murdered and those wounded were registered members of SINTRAELECOL.
    • n Oscar Darío Zapata (Antioquía). File No. 2536. The Girardota Section Unit of the Prosecutor's Office is carrying out the investigation and evidence is currently being collected.
    • n James Pérez Chima (Montería). File No. 9246. The investigation began officially with the Specialist Unit of the Prosecutor's Office presenting the case on 11 April 2000 and sworn declarations from four people were taken on 12, 24 and 26 April. A judicial inspection of the victim's workplace also took place and documents were collected as evidence. It seems that the examination of the declarations showed that the deceased had no trade union link and that possible motives for the crime might stem from situations linked to political activities in the past and the violence that reigns in some of the country's universities, among others the University of Córdoba, through threats from the self-defence groups and the presence of left-wing political organizations.
    • n Milton Cañas (Barrancabermeja). File No. 19104. The Prosecutor's Office 4 of Barrancabermeja called for investigation of the case and ordered evidence to be collected in order to identify those responsible.
    • n Humberto Guerrero Porras (Barrancabermeja). File No. 19103. The Prosecutor's Office 9 has received various witnesses' accounts and ordered the CTI to identify those responsible. The investigation is in the preliminary stages and evidence is being collected.
    • n Jimmy Acevedo (La Betulia). It is assumed that this relates to Jimmy Alexander Hincapié Acevedo. File No. 809 with the Puerto Nare Section Unit of the Procurator's Office. Evidence is being collected to see whether this case should be sent to the Medellín Specialist Unit of the Prosecutor's Office. According to information submitted by Nare Cement Company, this person did not and never has worked for the company.
    • n Anibal Bemberte (or Pemberti) (La Betulia). File No. 809 with the Puerto Nare Section Unit of the Prosecutor's Office. Evidence is being collected to see whether this case should be sent to the Medellín Specialist Unit of the Prosecutor's Office. According to information submitted by the Nare Cement Company, this person did not and never has worked for the company.
    • n Carmen Emilia Rivas (Cartago). File No. 1658. With Prosecutor No. 36 of the Cartago Section Unit of the Prosecutor's Office (Valle). On 19 May 2000 a preliminary investigation began and an order was issued to collect evidence and send an investigative mission to the Cartago CTI.
    • Assault on demonstrators and detentions
    • n Faced with the blockade of the premises of the Operations Centre of the Empresa de Acueducto de Bogotá by workers belonging to the trade union organization of the company, the police intervened to guarantee public access and this gave rise to a confrontation and the detention of workers for a number of hours. As soon as company representatives and trade union leaders, among them the president of the trade union, Julio Beltrán, sat down to discuss those issues which gave rise to the trade union action, normality was re-established. The Human Rights Office of the Ministry of Labour and Social Security informed the Human Rights Unit of the national police of the situation for the purpose of the relevant investigation.
    • n Regarding assault on demonstrators on 1 May 2000 in Medellín, Brigadier-General Luis Alfredo Rodríguez Pérez, commanding officer of the Medellín metropolitan police, submitted a report that can be summarized as follows: In Medellín, on 1 May, the workers' centrals organized a security council in the Mayor's office which was attended by the presidents of the workers' centrals, the Mayoress, the Secretary of the Government and the commanding officer of the metropolitan police. The presidents of the trade unions undertook to ensure that there would be no public clashes during the march and the police undertook to provide security every two or three blocks along the route of the march. The commanding officer of the police expressly requested the involvement of the provincial and the regional Procurators' Offices who appointed representatives. Of the 68 people arrested, ten were brought before the Judicial Police Section Unit of the Prosecutor's Office and three minors were brought before the Juvenile Court Division of this section. When they were searched, pamphlets relating to the ELN guerrilla group were found. The remaining detainees were brought before the permanent municipal examiner No. 3. Subsequently, it was confirmed by the Procurator's Office and the workers' organizations that all those detained had been released. The procurators in question can testify to the precautions taken by the police in the aforementioned situation to control the disturbances that occurred in accordance with the standards laid down in the National Police Code and Decision No. 326 of 5 May 1999 issued by the Medellín Mayoral Office. A human rights' representative of the National Trade Union School was present and witnessed the treatment of the detainees, which followed current guidelines.
  8. 267. The Government states that with regard to the alleged acts of violence against trade union officials and members referred to in the annex to the case in the 322nd Report, result of the ongoing inquiries will be sent to the Committee of Freedom of Association in the near future.
  9. 268. Regarding the trade union dispute between Brinks de Colombia SA and the trade union organization of that company, the Government indicates that the Ministry of Labour and Social Security, in Decision No. 3023 of 28 December 1999, ordered that a compulsory arbitration tribunal be set up, and this commenced work in the year 2000. The judges have still not presented a ruling which will put an end to this labour dispute.
  10. 269. As soon as the judgements are handed down by the judicial authorities for the proceedings concerning dismissals in the Textilia Ltda. company, initiated by Germán Bulla and Darío Ramírez, the Government will communicate these to the Committee on Freedom of Association.
  11. 270. Regarding the alleged murders of the Colombian trade union members, which took place between November 1999 and June 2000, the Government provides the following information.
    • n Gladys Florez García. The investigation is being carried out by the military court of the first instance, which is located on the premises of Infantry Battalion No. 14 "Antonio Ricaurte", signed: Major Carlos Mario Jaramillo Vargas, commander of the Santander Gaula Rural Group. The Attorney-General of the Nation states that the investigation into the murder of Gladys Florez García has been filed under No. 18192 (Prosecutor's Office 9a) Bucaramanga Section. It seems that it can be inferred that this case had no direct link with trade unionism.
    • n Rodrigo Remolina Gutiérrez and Eduardo Remolina Gutiérrez. These people have no trade union link. According to information provided by the Prosecutor-General's Office: "The situation took place in Floridablanca where Rodrigo and Eduardo Remolina Gutiérrez were also abducted. They were conducted to the Yarima military base. Eduardo Remolina fled and is presumed alive. Rodrigo Remolina has disappeared."
    • n Guillermo Adolfo Parra López (Antioquía). File No. 1268 at the Santa Bárbara Prosecutor's Office. On 1 February 2000 the proceedings were turned over to the Medellín Specialist Unit of the Prosecutor's Office. The investigation is currently in the process of collecting evidence.
    • n Mauricio Vargas Pabón (Bogotá). File No. 41998. Originally, proceedings were opened by the Santafé de Bogotá 38th Section Prosecutor's Office. Subsequently, the file was reassigned by the National Prosecutor's Office under Decision No. 309 to the Specialist Unit of the Prosecutor's Office, Terrorism Unit.
    • n Danilo Mestre Montero (Valledupar). File No. 122175-433. The investigation began on 3 February 2000 and the CTI received an investigation order to begin collecting evidence. The investigation is being carried out by a section prosecutor (unidad de vida) from the Valledupar Prosecutor's Office and evidence is being collected.
    • n Leominel Campo Núñez (Apartadó). File No. 6387. On 25 February 2000 the prosecutor for the hearing issued investigation orders to the judicial police to begin collecting evidence.
    • n Franklin Moreno Torres (Valledupar). File No. 6386. On 6 March 2000 the CTI received an investigation order to begin collecting evidence.
    • n Darío de Jesús Agudelo Bohórquez (Chigorodó). Preliminary investigations have been under way since 13 March 2000. These are being carried out by the Specialist Unit of the Prosecutor's Office of Medellín. Orders for an investigative mission to collect evidence were issued.
    • n Melva Muñoz López (Manizales). File No. 34975. The Manizales Prosecutor's Office, Unit 14 (unidad de vida) initiated the hearing of the investigation. The proceedings are in the preliminary stages without, to date, the culprit being identified.
    • n Justiniano García (Cali). File No. 360435. Investigation is being carried out by the Section Unit No. 39 (unidad de vida) of the Prosecutor's Office. Investigation orders have been issued to the judicial police and sworn declarations have been taken from the family of the victim. There has been no link established between the deceased and trade union activities. This person worked in the Cali municipal enterprises, a state entity that six years ago granted him a pension. He did not belong to any union.
    • n Iván Franco Hoyos (Bolívar). File No. 48531. The Specialist Unit of the Prosecutor's Office 5 is in charge of the hearing of this investigation and has issued investigation orders to SIJIN, DAS and CTI.
    • n Esneda Monsalve (La Betulia). File No. 809. Investigation is being carried out by the Puerto Nare Section Unit of the Prosecutor's Office. Evidence is being examined to see if this case should be sent to the Medellín Specialist Unit of the Prosecutor's Office.
    • n Castulo Jiménez (La Unión). File No. 2438. Investigation is being carried out by the Ceja Section Unit of the Prosecutor's Office which has issued an investigation order to the SIJIN to collect evidence.
    • n Jesús Ramiro Zapata Hoyos (Antioquía). File No. 782. Under Decision No. 443 of 5 May 2000 this file was moved from the Segovia Section Unit of the Prosecutor's Office to the National Human Rights Unit. The investigation is in the preliminary stages.
    • n Nelson Arturo Romero Romero (Villavicencio). File No. 22343. The hearing was begun by Section Unit 10 of the Prosecutor's Office, an investigative mission was ordered to find the identity of witnesses to the murder and sworn declarations have been taken from the wife and son of the deceased. Evidence is currently being collected.

D. The Committee's conclusions

D. The Committee's conclusions
  1. 271. The Committee observes that the allegations pending in the present case relate mainly to acts of violence (murders, disappearances, kidnappings, physical aggression, death threats and detentions) against trade union officials and members from 1995 until recently, as well as raids of trade union premises and anti-union dismissals.
    • Acts of violence against trade union officials and members
  2. 272. Firstly, the Committee expresses its most grave concern at the new allegations of violence reported by the complainant organizations relating mainly to murders, attempted murders and disappearances of, and death threats directed at, trade union officials and members. The Committee regrets that although it observed in its previous report that during the 1998-99 period there had been a reduction in the number of trade union officials and members who had been murdered, since the direct contacts mission in February 2000 until October 2000, more than 100 murders had been reported and, so far, two murders, four attempted murders and a disappearance have been reported for 2001. Specifically, the 1998 figures provided to the direct contacts mission for the number of murders of trade union officials and members was 91 according to the National Trade Union School and 27 according to the Government. In 1999, the figures were 69 according to the National Trade Union School and 21 according to the Government. According to the allegations for the year 2000 the number of murders was more than 100.
  3. 273. The Committee deeply deplores this resurgence of violence against trade union officials and members stated by the complainants and once again recalls that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and 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, 4th edition, 1996, paras. 46-47]. The Committee urges the Government in the strongest terms to take immediate steps to initiate inquiries in order to clarify these instances of violence and to promptly and fully punish those responsible.
  4. 274. The Committee deeply regrets that, once again, it must observe that in most of the cases of murders, murder attempts or disappearances of trade union officials and members, those responsible have not been arrested and punished and, according to the most recent replies from the Government, this tendency, as in previous years, continues unchanged. In this respect, the Committee cannot accept the existing degree of impunity and once again recalls that "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights" [see Digest, op. cit., para. 55]. In these circumstances, the Committee urges the Government to make vigorous efforts against the serious and intolerable situations of impunity and to keep it informed of developments.
  5. 275. As regards the Committee's recommendation to convene a working group of independent representatives accepted by both parties to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years, the Committee notes that the Government states the following: (1) that a subcommission has been set up within the Inter-institutional Commission for the Promotion and Protection of Workers' Human Rights, which is part of the Ministry of Labour; (2) that this subcommission presented its findings on 31 January 2001 concerning the verification of 842 cases for the period of 1991-2000; and (3) the subcommission continues its work and will institute criminal proceedings. The Committee requests the Government to keep it informed of the continuation of the work of this subcommission and to forward a list of the 842 people murdered.
  6. 276. The Committee recalls that it had requested the Government to order an urgent and global inquiry at the institutional level into the participation of public officials (especially officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails. In this respect, the Committee notes the following information from the Government: (1) steps are being taken against public officials who exceed their duties and ignore their obligations and thereby violate human rights; and (2) 198 officials have been brought to trial and convicted in 1997, 1998 and 1999. The Committee requests the Government to provide information concerning the table which it sent setting out the number of civil servants who have violated human rights given that the parts "those who have been charged" and "those who have been sentenced" do not contain any numbers for 1998 and 1999 (contrary to the information communicated for 1997). The Committee also requests the Government to communicate the statistics concerning the civil servants charged with human rights violations for 2000. The Committee requests the Government to keep it informed of all new inquiries, and in particular of the sanctions that are imposed on public officials who have taken part in some way in acts of violence against trade union officials and members, and insists once again on the need to carry out global inquiries into the conduct of public officials.
  7. 277. As regards the adoption of radical and systematic steps to disband the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers, the Committee notes the Government's statement that between January 1998 and December 1999, 484 members of self-defence groups were captured and 72 members were casualties of the fighting. In this respect, the Committee observes that the figures provided are similar to those obtained by the direct contacts mission that visited the country in February 2000, and deeply regrets that the Government has not provided information on the steps taken against these self-defence groups during the year 2000. In these circumstances, the Committee urges the Government to continue its efforts in the fight against these groups and to keep it informed of the results. The Committee insists that in the near future results will be achieved in disbanding the paramilitary groups and that those responsible will be punished.
    • Allegations concerning acts of violence that are being investigated
  8. 278. Regarding the allegations of acts of violence against trade union officials and members (murders, physical aggression, detentions and death threats) that the Government had announced that it was investigating (see Annex I), the Committee observes that the Government has provided no new information. In this respect, the Committee deeply regrets that despite the time elapsed, the proceedings have not been concluded, neither have those responsible for the situation in question been arrested and/or convicted. In these circumstances, the Committee requests the Government to keep it informed of the progress and of the outcome of the inquiries currently under way.
    • Allegations concerning violent acts that were pending from the June 2000 meeting and new allegations
  9. 279. Regarding the murders of trade union officials and members, the Committee notes the Government's statement that judicial inquiries have begun for the following people: (1) Cesar Herrera; (2) Jesús Orlando Crespo García; (3) Guillermo Molina Trujillo;(4) José Joaquín Ballestas García; (5) José Atanacio Fernández Quiñónez; (6) Hernando Stevenis Vanegas; (7) Julio César Jiménez; (8) Aldemar Roa Córdoba; (9) Jhon Jairo Duarte; (10) Próspero Lagares; (11) Edison Bueno; (12) Diomedes Playonero Ortiz; (13) Margarita María Pulgarín Trujillo; (14) Julio César Bethancurt; (15) Islem de Jésus Quintero; (16) César Wilson Cortes; (17) Rómulo Gamboa; (18) Alejandro Alvarez Isaza; (19) Oscar Darío Zapata; (20) Alberto Alvarez Macea; (21) James Pérez Chima; (22) Milton Cañas; (23) Humberto Guerrero Porras; (24) Jimmy Acevedo; (25) Aníbal Bemberte; (26) Carmen Demilia-Rivas; (27) Guillermo Adolfo Parra López; (28) Mauricio Vargas Pabón; (29) Danilo Mestre Montero; (30) Leominel Campo Nuñez; (31) Franklin Moreno Torres; (32) Darío de Jésus Agudelo Bohorquez; (33) Melva Muñoz Lopez; (34) Justiniano García; (35) Ivan Franco Hoyos; (36) Esneda Monsalva; (37) Juan Castulo Jiménez Gutiérrez; (38) Jesús Ramiro Zapata Hoyos; (39) Nelson Arturo Romero Romero. In this respect, the Committee hopes that the inquiries currently under way will clarify these instances of violence and that those responsible will be promptly and fully punished. The Committee requests the Government to keep it informed of the outcome of these inquiries (the names of these people are to be found in Annex I).
  10. 280. The Committee deplores that the Government has not sent its observations regarding the considerable number of trade union officials and members who have been murdered or have disappeared, or who have been the victims of an attempted murder (see Annex II). In these circumstances, the Committee urges the Government to send it its observations without delay.
    • Physical aggression and detentions
  11. 281. Regarding the outstanding allegations on the raid by anti-riot police on the premises of the Operations Centre of the Empresa de Acueducto de Bogotá to prevent workers belonging to the trade union of the company from demonstrating, and the man-handling of the president of the trade union and detention of 11 workers by the police, the Committee notes the following information provided by the Government: (1) faced with the blockade of the premises of the company by workers belonging to the trade union organization of the company, the police intervened to guarantee public access and this gave rise to a confrontation and the detention of workers for a number of hours; (2) as soon as company representatives and trade union leaders sat down to discuss those issues which gave rise to the trade union action, normality was re-established; and (3) the Human Rights Unit of the National Police were informed of the situation so that the relevant inquiries might be carried out. In these circumstances, the Committee requests the Government to keep it informed of the outcome of the inquiries.
  12. 282. Regarding the allegations of the assault and arbitrary detention of 67 people participating in a commemoration march for International Labour Day by the metropolitan police of the Valley of Aburrá on 1 May 2000 in Medellín and the subsequent release of 24 of the detainees after their having signed a document acknowledging their responsibility for violent acts, the Committee notes the following information provided by the Government: (1) 68 people were arrested, ten were brought before the Judicial Police Section Unit of the Prosecutor's Office and three minors were brought before the Juvenile Court Division of this section because, when they were searched, pamphlets relating to the ELN guerrilla group were found; (2) the remaining detainees were brought before the permanent municipal examiner No. 3; and (3) all those arrested were eventually released. In this respect, the Committee regrets that the Government has not provided information on the reasons for the alleged assaults and detentions. In these circumstances, the Committee requests the Government to take immediate steps to initiate an inquiry into these allegations and, if the police have exceeded their authority, to take steps to sanction those responsible. The Committee requests the Government to keep it informed of the outcome of the inquiry.
  13. 283. The Committee regrets that the Government has not sent its observations on the following allegations that had remained outstanding at its June 2000 meeting: (1) the Confederation of Workers of Colombia (CTC) alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured, and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the BRINKS de Colombia company in order to induce the workers to resign from the CTC, as well as non-compliance with the collective agreement in force; and (2) the Petroleum Industry Workers' Trade Union (USO) alleges the temporary detention of the national vice-president of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials. The Committee requests the Government to begin inquiries into these allegations without delay and to inform it of the results.
    • Death threats
  14. 284. Regarding the allegations of death threats to trade union officials and members, the Committee notes the following information provided by the Government: (1) for the year 2000, an additional allotment of 600 million pesos has been made to the protection programme and that measures have been taken to increase the budget and ensure the continuation of this programme; and (2) positive steps have been taken with regard to 51 of the alleged cases. The Committee requests the Government to take immediate steps to protect all the trade union officials and members mentioned in the allegations as having been threatened.
    • Other allegations
  15. 285. Regarding the allegation that remained pending due to the administrative inquiry into the possible violation of the collective agreement at the BRINKS company, the Committee notes the Government's statement that a decision of December 1999 ordered that a compulsory arbitration tribunal be set up and that the judges have still not presented a ruling on this issue. In this respect, the Committee regrets that the Government has sent no information regarding the administrative inquiry that was begun. However, noting that an arbitration tribunal has been set up to deal with the current conflict at the company, the Committee requests the Government to inform it of the decision that is handed down.
  16. 286. Regarding the judicial proceedings concerning dismissals in the Textilia Ltda. company, initiated by Germán Bulla and Darío Ramírez, that are awaiting decisions, the Committee notes that the Government states that as soon as the decisions are handed down, these will be sent to the Committee. The Committee requests the Government to keep it informed of the outcome of these proceedings.
  17. 287. The Committee regrets that the Government has not sent information on the inquiry under way relating to the raid on the premises of the executive subcommittee of the CUT-Atlántico and the assault on a trade union member during this raid; neither has information been sent on whether an inquiry into the raid on the headquarters of FENSUAGRO and surveillance of its president by the armed forces has begun. In this respect, the Committee requests the Government to take steps to initiate inquiries in order to clarify these instances of violence and to promptly and fully punish those responsible. The Committee also requests the Government to take immediate steps to ensure that such situations do not occur again in the future.
  18. 288. Finally, the Committee requests the Government to communicate its observations concerning the allegations recently transmitted by the complainant ASODEFENSA (communication of 23 February 2001).

The Committee's recommendations

The Committee's recommendations
  1. 289. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
    • (a) The Committee deeply deplores the resurgence of violence against trade union officials and members stated by the complainants (more than 100 murders in the year 2000 and two murders, four attempted murders and one disappearance so far for 2001), and urges the Government in the strongest terms to take immediate steps to initiate inquiries in order to clarify these instances of violence and to promptly and fully punish those responsible.
    • (b) The Committee once again deeply regrets that the great majority of cases of murders, attempted murders or disappearances of trade union officials or members have not been brought before the court and that those responsible have not been sanctioned, and that according to the most recent information provided by the Government this tendency, as in previous years, continues unchanged. The Committee urges the Government to make vigorous efforts against the serious and intolerable situation of impunity and to keep it informed of developments.
    • (c) Regarding the initiation of global inquiries at the institutional level into the participation of public officials (especially officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails, the Committee requests the Government to keep it informed of any new inquiries and particularly of the sanctions that are imposed on public officials that have taken part in some way in these acts of violence against trade union officials or members, and emphasizes the need to carry out global inquiries into the conduct of public officials. The Committee also requests the Government to provide information concerning the table which it sent setting out the number of civil servants who have violated human rights given that the parts "those who have been charged" and "those who have been sentenced" do not contain any numbers for 1998 and 1999 (contrary to the information communicated for 1997). The Committee also requests the Government to communicate the statistics concerning the civil servants charged with human rights violations for 2000.
    • (d) Regarding the adoption of radical and systematic steps to disband the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers, the Committee urges the Government to continue its efforts to fight against these groups and requests to be kept informed of the results. The Committee insists that in the near future results will be achieved in disbanding the paramilitary groups and that those responsible will be punished.
    • (e) Regarding the convening of a working group of independent representatives accepted by both parties to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years, the Committee requests the Government to keep it informed of the continuation of the work of the subcommission and to forward a list of the 842 people murdered.
    • (f) Regarding the allegations of acts of violence against trade union officials and members (murders, physical aggression and disappearances) that the Government has announced that it is investigating (see Annex I), the Committee requests the Government to keep it informed of the progress and of the outcome of the inquiries currently under way.
    • (g) Deploring that the Government has not sent its observations on the considerable number of trade union officials and members who have been murdered, have received death threats or have disappeared (see Annex II), the Committee urges the Government to send its observations without delay.
    • (h) Regarding the outstanding allegations on the raid by anti-riot police on the premises of the Operations Centre of the Empresa de Acueducto de Bogotá to prevent workers belonging to the Workers' Trade Union of the Empresa de Acueducto from demonstrating, during which police man-handled the president of the trade union and arrested 11 workers, the Committee requests the Government to keep it informed of the outcome of the inquiries.
    • (i) Regarding the allegations of the assault and detention of 67 people participating in a commemoration march for International Labour Day by the metropolitan police of the Valley of Aburrá on 1 May 2000 in Medellín and the subsequent release of 24 of the detainees after their having signed a document acknowledging their responsibility for violent acts, the Committee requests the Government to take immediate steps to initiate an inquiry into these allegations and, if the police have exceeded their authority, to take steps to sanction those responsible. The Committee requests the Government to keep it informed of the outcome of the inquiry.
    • (j) The Committee requests the Government to initiate inquiries into the following allegations and to send it the results without delay: (1) the Confederation of Workers of Colombia (CTC) alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured, and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the BRINKS de Colombia company in order to induce the workers to resign from the CTC, as well as non-compliance with the collective agreement in force; and (2) the Petroleum Industry Workers' Trade Union (USO) alleges the temporary detention of the national vice-president of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials.
    • (k) Regarding the allegations of death threats against trade union officials and members, the Committee requests the Government to take steps to protect all trade union officials and members mentioned in the allegations as having been threatened.
    • (l) Regarding the administrative inquiry into the possible violation of the collective agreement at the BRINKS company, and noting that an arbitration tribunal has been set up to deal with the dispute at the company, the Committee requests the Government to inform it of the decision that is handed down.
    • (m) Regarding the judicial proceedings concerning dismissals in the Textilia Ltda. company, initiated by Germán Bulla and Darío Ramírez that are awaiting decisions, the Committee requests the Government to keep it informed of the outcome of these proceedings.
    • (n) Regarding the inquiry under way relating to the raid on the premises of the executive subcommittee of the CUT?Atlántico and the assault on a trade union member during this raid, and the raid on the headquarters of FENSUAGRO and surveillance of its president by the armed forces, the Committee requests the Government to take immediate steps to initiate inquiries or to conclude those inquiries already under way, in order to clarify these instances of violence and to promptly and fully punish those responsible. The Committee also requests the Government to take steps to ensure that such situations do not occur again in the future.
    • (o) The Committee requests the Government to communicate its observations concerning the allegations recently transmitted by the complainant ASODEFENSA (communication dated 23 February 2001).

Z. Annex I

Z. Annex I
  • Allegations for which the Government has stated that inquiries are being carried out
  • Murders
    1. (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta Alvarez (13 August 1995); (3) Francisco Mosquera Córdoba (5 February 1996); (4) Carlos Antonio Arroyo (5 February 1996); (5) Francisco Antonio Usuga (23 February 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Humanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliécer Ojeda (23 May 1994); (10) Alfonso Noguera Cano (4 November 1994); (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndo Rodríguez (3 July 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Freddy Arboleda Aguirre (3 July 1997); (15) William Alonso Suárez Gil (3 July 1997); (16) Eladio de Jesús Chaverra Rodríguez (3 July 1997); (17) Luis Carlos Muñoz Z. (3 July 1997); (18) Nazareno de Jesús Rivera García (3 December 1997); (19) Héctor de Jesús Gómez C. (22 March 1997); (20) Gilberto Casas Arboleda (11 February 1997); (21) Norberto Casas Arboleda (11 February 1997); (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton M. (22 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (19 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Antonio Avilés A. (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camacho Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón H. (7 March 1997); (36) Isidro Segundo Gil Gil (3 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (4 July 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Eliécer Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez Suárez (28 July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1997); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1996); (51) Fernando Triana (31 January 1998); (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Urzola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (6 March 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); (58) José Eduardo Umaña Mendoza (18 April 1998); (59) José Vicente Rincón (7 January 1998); (60) Jorge Boada Palencia (18 April 1998); (61) Jorge Duarte Chávez (9 May 1998); (62) Carlos Rodríguez Márquez (10 May 1998); (63) Arcángel Rubio Ramírez Giraldo (8 January 1998); (64) Orfa Lígia Mejia (7 October 1998); (65) Macario Herrera Villota (25 October 1998); (66) Víctor Eloy Mieles Ospino; (67) Rosa Ramírez (22 July 1999); (68) Oscar Artunduaga Nuñez (1998); (69) Jesús Orlando Arévalo (14 January 1999); (70) Moisés Canedo Estrada (20 January 1999); (71) Gladys Pulido Monroy (18 December 1998); (72) Oscar David Blandón; (73) Oswaldo Rojas Sánchez (11 February 1999); (74) Julio Alfonso Poveda (17 February 1999); (75) Pedro Alejandrino Melchor Tapasco (6 April 1999); (76) Gildardo Tapasco (6 April 1999); (77) Manuel Salvador Avila (22 April 1999); (78) Esaú Moreno Martínez (5 April 1999); (79) Ernesto Emilio Fernández F. (20 November 1995); (80) Libardo Antonio Acevedo (7 July 1996); (81) Magaly Peñaranda Arévalo (27 July 1997); (82) David Quintero Uribe (7 August 1997); (83) Aurelio de J. Arbeláez (4 March 1997); (84) José Guillermo Asprilla T. (23 July 1997); (85) Carlos Arturo Moreno Lopez (7 July 1995); (86) Luis Abel León Villa (21 July 1997); (87) Manuel Francisco Giraldo (22 March 1995); (88) Luis David Alvarado (22 March 1996); (89) Eduardo Enrique Ramos M. (14 July 1997); (90) Marcos Pérez González (10 October 1998; (91) Jorge Luis Ortega G. (20 October 1998); (92) Hortensia Alfaro Banderas (24 October 1998); (93) Jairo Cruz (26 October 1998); (94) Luis Peroza (12 February 1999); (95) Numael Vergel Ortiz (12 February 1999); (96) Gilberto Tovar Escudero (15 February 1999); (97) Albeiro de Jesús Arce V. (19 March 1999); (98) Ricaurte Pérez Rengifo (25 February 1999); (99) Antonio Cerón Olarte; (100) César Herrera; (101) Jesús Orlando Crespo García; (102) Guillermo Molina Trujillo; (103) José Joaquín Ballestas García; (104) José Atanacio Fernández Quiñónez; (105) Hernando Stevenis Vanegas; (106) Julio César Jiménez; (107) Aldemar Roa Córdoba; (108) Jhon Jairo Duarte; (109) Próspero Lagares; (110) Edison Bueno; (111) Diomedes Playonero Ortiz; (112) Julio César Bethancurt; (113) Islem de Jesús Quintero; (114) César Wilson Cortes; (115) Rómulo Gamboa; (116) Oscar Darío Zapata; (117) James Pérez Chima; (118) Milton Cañas; (119) Humberto Guerrero Porras; (120) Jimmy Acevedo; (121) Aníbal Bemberte; (122) Carmen Demilia-Rivas; (123) Guillermo Adolfo Parra López; (124) Mauricio Vargas Pabón; (125) Danilo Mestre Montero; (126) Leominel Campo Nuñez; (127) Franklin Moreno Torres; (128) Darío de Jesús Agudelo Bolosquez; (129) Melva Muñoz López; (130) Justiniano García; (131) Iván Franco Hoyos; (132) Esneda Monsalve; (133) Juan Castulo Jiménez Gutiérrez; (134) Jesús Ramiro Zapata Hoyos; (135) Nelson Arturo Romero Romero.
  • Murder attempts
    1. (1) Virgilio Ochoa (16 October 1998); (2) Eugeniano Sánchez (16 October 1998); (3) Benito Rueda Villamizar (16 October 1998); (4) Gilberto Carreño; (5) César Blanco Moreno (28 August 1995); (6) Fernando Morales (1999); (7) Alberto Pardo (1999); (8) Esaú Moreno (1999).
  • Physical aggression
    1. (1) Public enterprises - Cartagena (29 June 1999); (2) César Castaño (6 January 1997); (3) Luis Cruz (6 January 1997); (4) Janeth Leguizamón - ANDAT (6 Jnauary 1997); (5) Mario Vergara; (6) Heberto López, N.P.; (7) TELECOM Workers (13 October 1998); (8) Protext march Plaza de Bolívar (20 October 1998).
  • Disappearances
    1. (1) Jairo Navarro (6 June 1995); (2) Rami Vaca (27 October 1997); (3) Misael Pinzón Granados (7 December 1997); (4) Justiniano Herrera Escobar (30 January 1999); (5) Rodrigo Rodríguez Sierra (16 February 1995); (6) Ramón Alberto Osorio Beltrán (13 May 1997).
  • Detentions
    1. (1) José Ignacio Reyes (8 October 1998); (2) Orlando Rivero (16 October 1998); (3) Sandra Parra (16 October 1998); (4) 201 people during the national strike (31 August 1999); (5) Horacio Quintero (31 May 1999); (6) Oswaldo Blanco Ayala (31 May 1999) (the last two trade union members mentioned were detained, threatened with death and then released).
  • Annex II
  • Acts of violence against trade union officials or members for which the Government has not
  • sent its observations
  • Murders
    1. (1) Margarita María Pulgarín Trujillo, murdered on 3 April 2000;
    2. (2) Alejandro Alvarez Igaza, murdered on 7 April 2000;
    3. (3) Alberto Alvarez Macea, murdered on 8 April 2000;
    4. (4) Germán Valderrama, member of the Workers' Union of Caquetá, murdered on 15 January 2000 in Florencia-Caquetá;
    5. (5) Mareluis Esther Solano Romero, murdered on 12 February 2000 in Cesar administrative district;
    6. (6) Luis Arcadio Ríos Muñoz, murdered on 2 April 2000, in the municipality of San Carlos (Antioquia);
    7. (7) Jesús María Cuella, member of the Teachers' Association of Caquetá (AICA?FECODE), murdered on 13 April 2000 in Florencia (Caquetá);
    8. (8) Gerardo Raigoza, member of SER-FECODE, murdered on 19 April 2000 in Pereira (Risaralda);
    9. (9) Omar Darío Rodríguez Zuleta, member of the Food Workers' Union SINALTRAINAL-Bugalagrande Section, murdered on 21 May 2000;
    10. (10) Abel María Sánchez Salazar, member of the Caquetá Teachers' Trade Union, murdered on 2 June 2000 in Florencia;
    11. (11) Gildardo Uribe, official of SINTRAOFAN-Vegachi executive subcommittee, murdered on 12 June 2000 in the municipality of Vegzalú (Antioquia);
    12. (12) Edgar Marino Pereira Galvis, official of the CUT-META executive subcommittee, murdered on 25 June 2000 in the COFREM housing development;
    13. (13) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Antioquia Teachers' Institute Association, murdered on 2 August 2000 in the municipality of Ciudad Bolívar;
    14. (14) Carmen Emilio Sánchez Coronel, official delegate of the North Santander Teachers' Trade Union;
    15. (15) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Teaching Staff of Ciudad Bolívar, murdered on 2 August 2000;
    16. (16) Arelis Castillo Colorado, murdered on 28 July 2000 in the municipality of Caucasia;
    17. (17) Fabio Santos Gaviria, member of APUN, murdered on 25 February 2000;
    18. (18) Anival Zuluaga, member of SINTRALANDERS, murdered on 28 Februray 2000;
    19. (19) Juan José Neira, member of the Manizales Teachers' Association, murdered on 9 March 2000;
    20. (20) Iván Franco, member of SINTRAELECOL, murdered on 19 March 2000;
    21. (21) Alexander Mauricio Marín Salazar, member of ADEM, murdered on 12 April 2000;
    22. (22) José Antonio Yandu, member of the Ventero Ambulan Association, murdered on 10 April 2000;
    23. (23) Gonzalo Serna, member of the Ventero Ambulan Association, murdered on 10 April 2000;
    24. (24) Bayron de Jesús Velásquez Durango, member of the Ventero Ambulan Association, murdered on 10 April 2000;
    25. (25) Gloria Nubia Uran Lezcano, member of ADIDA, murdered on 2 May 2000;
    26. (26) Carmen Emilia Rivas, member of ANTHOC, murdered on 17 May 2000;
    27. (27) Javier Carbono Maldonado, member of SINTRAELECOL, murdered in July 2000;
    28. (28) Javier Suárez, member of NACC, murdered on 5 January 2000;
    29. (29) Jesús Antonio Posada Marín, member of ADIDA, murdered on 11 May 2000;
    30. (30) Gustavo Enrique Gómez Gómez, member of ADIDA, murdered on 9 May 2000;
    31. (31) Pedro Amado Manjarres, member of ASODEGUUA, murdered on 29 May 2000;
    32. (32) José Arístides Velásquez Hernández, member of SINTRAMUNICIPIO, murdered on 12 June 2000;
    33. (33) Jaime Enrique Barrera, member of ADIDA, murdered on 11 June 2000;
    34. (34) Jorge Andrés Ríos Zapata, member of ADIDA, murdered on 5 January 2000;
    35. (35) Francisco Espadín Medina, member of SINTRANAGRO, murdered on 7 September 2000;
    36. (36) Miguel Algene Barreto Racine, member of ADES, murdered on 2 August 2000;
    37. (37) Cruz Orlando Benitez Hernández, member of ADIDA, murdered on 7 August 2000;
    38. (38) Francy Uran Molina, member of ADIDA, murdered on 27 August 2000;
    39. (39) Aristarco Arzalluz Zúñiga, member of SINTRAINAGRO, murdered on 30 August 2000;
    40. (40) Alejandro Vélez Jaramillo, member of ASONAL JUDICIAL, murdered on 30 August 2000;
    41. (41) Bernardo Olachica Rojas Gil, member of SES, murdered on 2 September 2000;
    42. (42) Vicente Romana, member of ADIDA, murdered on 5 August 2000;
    43. (43) Lázaro Gil Alvarez, member of ADIDA, murdered on 29 September 2000;
    44. (44) Argemiro Albor Torregroza, member of the Galapa Farmers' Trade Union, murdered on 5 September 2000;
    45. (45) Efraín Becerra, member of SINTRAUNICOL, murdered on 11 September 2000;
    46. (46) Hugo Guarin Cortes, member of SINTRAUNICOL, murdered on 11 September 2000;
    47. (47) Luis Alfonso Páez Molina, member of SINTRAINAGRO, murdered on 12 August 2000;
    48. (48) Sergio Uribe Zuluaga, member of ADIDA, murdered on 25 August 2000;
    49. (49) Bernardo Vergara Vergara, member of ADIDA, murdered on 9 October 2000;
    50. (50) Candelario Zambrano, member of SINTRAINAGRO P.W., murdered on 15 September 2000;
    51. (51) Jairo Herrera, member of SINTRAINAGRO P.W., murdered on 15 September 2000;
    52. (52) Héctor Acuña, member of UNIMOTOR, murdered on 16 June 2000;
    53. (53) Julián de J. Durán, member of SINTRAISSS, murdered in January 2000;
    54. (54) Eliecer Corredor, member of SINTRAISS, murdered in January 2000;
    55. (55) Miguel Angel Mercado, member of SINTRAISS, murdered in January 2000;
    56. (56) Diego Fernando Gómez, member of SINTRAISS, murdered on 13 July 2000;
    57. (57) Elizabeth Cañas, member of SINTRAISS, murdered in January 2000;
    58. (58) Alejandro Tarazona, member of SINTRAAD, murdered on 26 September 2000;
    59. (59) Víctor Alfonso Vélez Sánchez, member of EDUMAG, murdered on 28 March 2000;
    60. (60) Alfredo Castro Haydar, member of the University Teachers' Association, Atlan, murdered on 10 May 2000;
    61. (61) Edgar Cifuentes, member of ADE, murdered on 4 November 2000;
    62. (62) Juan Bautista Banquet, member of SINTRAINAGRO, murdered on 17 October 2000;
    63. (63) Edison Ariel, member of SINTRAINAGRO, murdered on 17 October 2000;
    64. (64) Omar de Jesús Noguera, member of SINTRAEMCALI, murdered on 26 September 2000;
    65. (65) Jesús Orlando García, member of the Mun Bagala Trade Union, murdered on 2 March 2000;
    66. (66) Víctor Alfonso Vélez Sánchez, member of the Córdoba Teachers' Trade Union Association, murdered in Januray 2000;
    67. (67) Darío de Jesús Borja, member of ADIDA, murdered on 1 April 2000;
    68. (68) Esneda de las Mercedes Holguín, member of ADIDA, murdered on 27 April 2000;
    69. (69) Bacillides Quiroga, member of SINTRAMUNICIPIO BUGA , murdered on 2 August 2000;
    70. (70) Rubén Darío Guerrero Cuentas, member of SINTRADIAN, murdered on 20 August 2000;
    71. (71) Henry Ordóñez, member of the Meta Teachers' Trade Union Association, murdered on 20 August 2000;
    72. (72) Leonardo Betancourt Méndez, member of the Risaral Teachers' Trade Union Association, murdered on 22 August 2000;
    73. (73) Luis Mesa, member of ASPU, murdered on 26 August 2000;
    74. (74) Hernando Cuartos Agudelo, member of SINALTRAINAL, murdered on 1 September 2000;
    75. (75) Rosalba Calderón Chávez, member of ANTHOC, murdered on 3 October 2000;
    76. (76) Reinaldo Acosta Celemín, member of the Civil Servants' Association, murdered on 3 October 2000;
    77. (77) Aldona Tello Barragán, vice president of the Magdalena Lottery Sellers' Trade Union, murdered on 17 January 2001 in the city of Santa Marta;
    78. (78) Miguel Antonio Medina Bohórquez, member of SINTRENAL, murdered on 17 January 2001 in Altagracia, in the administrative district of Riseralde;
    79. (79) José Luis Guelte, President of the Ciénaga Section of SINTRAINAGRO, murdered on 13 December 1999 in the Province of Magdalena;
    80. (80) Juan Carlos Alvis Pinzón, relative of the Deputy Secretary-General of the General Confederation of Democratic Workers (CGTD), murdered on 25 July 2000 in Aipa;
    81. (81) Clovis Florez, President of Agrocosta - Córdoba Section, murdered on 15 September 2000, in Montería, Córdoba.
  • Murder attempts
    1. (1) Wilson Borja Díaz, president of the State Service Workers' Federation (FENALSTRASE), was intercepted by hired killers on 14 December 2000 and was shot and seriously wounded. He is currently in a weak state and under medical supervision;
    2. (2) Gustavo Alejandro Castro Londoño, official of the executive committee of CUT-Meta Region 1, victim of attempted murder on 15 January 2001 in Villavicencio, and currently in hospital;
    3. (3) Ricardo Navarro Bruges, president of the Workers' Trade Union of the University of Santa Marta (SINTRAUNICOL), victim of attempted murder on 12 January 2001;
    4. (4) Ezequiel Antonio Palma, former official of the Workers' Trade Union of the Municipality of Yumbo, victim of attempted murder on 11 January 2001.
    5. (5) César Andrés Ortíz, trade unionist of the CEDT, victim of attempted murder on 26 December 2000.
  • Disappearances
    1. (1) Alexander Cardona, executive committee member of USO;
    2. (2) Ismael Ortega, treasurer of SINTRAPROACEITES San Alberto (Cesar);
    3. (3) Walter Arturo Velásquez Posada, Nueva Floresta School, municipality of El Castillo in the education district of El Ariari, Meta administrative district;
    4. (4) Gilberto Agudelo, president of the National Trade Union of University Workers of Colombia (SINTRAUNICOL);
    5. (5) Nefatalí Romero Lombana, from Aquazúl (Casanare) and Luis Hernán Ramírez, from Chámeya (Casanare), members of SIMAC-FECODE;
    6. (6) Roberto Cañarte M., member of SINTRAMUNICIPIO BUGALAGRANDE, from the Paila Arriba (Valle);
    7. (7) Germán Medina Gaviria, member of SINTRAEMCALI, disappeared on 14 January 2001 in the area of El Porvenir, Cali.
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