Colombia: Alleged rape of a woman by a soldier

COL 080306.VAW

VIOLENCE AGAINST WOMEN
Rape / Fear for safety and personal integrity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your VERY URGENT intervention in the following situation in Colombia.

Description of the situation:

The International Secretariat of OMCT is deeply concerned about the information received concerning serious human rights violations committed against the civilian population in Arauca Department. Its is particularly concerned about the rape of Ms. Lucila Peñaloza, allegedly perpetrated by a soldier of the Colombian regular army in the precinct of the battalion “Plan Energético Vial number 1”, in the municipality of Fortúl.

According to the information received from reliable sources, among which the Permanent Committee for Human Rights Defence (Comité Permanente por la Defensa de los Derechos Humanos - CPDH), on March 3, 2006, around 7.00 a.m., a peasant woman aged 40 and mother of two children, Ms. Lucila Peñaloza, was allegedly raped by a soldier whose name has not been disclosed yet. This soldier is attached to the above mentioned battalion commanded by a Major named Ortíz. This very act reportedly happened in the vicinity of the garrison, between two sentry boxes, on the route which leads to the set of houses “Tierra Seca”.

The International Secretariat of OMCT both condemns these acts and fears for the physical and psychological integrity of the victim, Ms. Lucila Peñalosa, , as well as her children’s and other family members’ and, more generally, the integrity of all women throughout Arauca Department. Therefore OMCT urges the municipal, regional and national authorities to take the necessary measures for this purpose.

OMCT recalls that Colombia is a State Party to the Convention on the Elimination of All Forms of Discrimination against Women which, in its article 2, states that “States Parties condemn discrimination against women in all its forms, [...] and, to this end, undertake: (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women [...]”. Besides the Declaration on the Elimination of Violence against Women, in its article 4 (c), stipulates that the States are bound to: “Exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons”.

Finally OMCT fears that such serious human rights violations could remain unpunished and no appropriate sanction be applied to their perpetrators. Therefore OMCT requests the Colombian government to order an appropriate disciplinary investigation by both the Regional Prosecutor’s office and the General State Attorney (Fiscalía General de la Nación), who should conduct a thorough and independent criminal investigation into the circumstances of these serious events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, taking into account that such a serious criminal act cannot, under any circumstances, be considered as a common act of the military.

Action requested:

Please write to the authorities in Colombia urging them to:
i. immediately take all necessary measures to guarantee the physical and psychological integrity of Ms. Lucila Peñalosa, as well as her children’s and other family members’, including her access to free and appropriate medical and psychological attention if needed;
ii. order a thorough, independent and impartial investigation into the circumstances of Ms. Lucila Peñalosa’s rape in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, taking into account that such a serious criminal action which cannot, under any circumstances, be considered as a common act of the military;
iii. immediately comply with the recommendations by international and regional human rights agencies, including the Office of the United Nations High Commissioner for Human Rights;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards ratified by Colombia.

Addresses:

• Misión Permanente de Colombia ante las Naciones Unidas en Ginebra. Chemin du Champ d'Anier, 17-19, 1209 Ginebra. FAX : + 41.22.791.07.87; TEL.:+ 41.22.798.45.55. E-mail: mission.colombia@ties.itu.int
  
• S.E. Álvaro Uribe Vélez, Presidente de la República, Cra. 8 # 7-26, Palacio de Nariño, Santa Fe de Bogotá.Fax:+57.1.566.20.71 Francisco Santos, Vicepresidente: E-mail: fsantos@presidencia.gov.co buzon1@presidencia.gov.co
  
• Programa DDHH de Vicepresidencia: ppdh@presidencia.gov.co
  
• Observatorio DDHH de Vicepresidencia: obserdh@presidencia.gov.co
  
• Doctor Volmar Antonio Pérez Ortiz, Defensor del Pueblo, Calle 55 # 10-32, Bogotá. Fax: + 57.1.640.04.91 E-mail: secretaria_privada@hotmail.com ; agenda@agenda.gov.co
  
• Doctor Mario Hernán Iguarán Arana, Fiscal General de la Nación, Diagonal 22-B # 52-01, Bogotá. Fax: +57.1.570.20.00 E-mail: contacto@fiscalia.gov.co; denuncie@fiscalia.gov.co
  
• Doctor Edgardo José Maya Villazón, Procurador General de la Nación, Cra. 5 #. 15-80, Bogotá. Fax: +57.1.342.97.23; E-mail: webmaster@procuraduria.gov.co; cap@procuraduria.gov.co ; reygon@procuraduria.gov.co ; anticorrupcion@presidencia.gov.co
  
• Dr. Camilo Ospina Bernal, Ministro de la Defensa, Avenida El Dorado con Cra. 52 CAN, Bogotá. Fax: +57.1.222.18.74; E-mail : siden@mindefensa.gov.co ; infprotocol@mindefensa.gov.co ; mdn@cable.net.co
  
• Dr. Carlos Franco, Director del Programa Presidencial de Derechos Humanos y de Derecho Internacional Humanitario. E-mail : cefranco@presidencia.gov.co
  
• Dr. Fernando Ibarra, Asesor del Programa Presidencial de Derechos Humanos y de Derecho Internacional Humanitario. Tel.: +57.1.336.03.11 Fax : +57.1.337.46.67 E-mail: fibarra@presidencia.gov.co

Please also write to the diplomatic representations of Colombia in your respective countries.

Geneva, March 8, 2006 .

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.