Colombia
04.06.02
Urgent Interventions

Colombia: arrest and torture of a teacher and his brother

Case COL 040602
Arbitrary detentions / Torture and ill-treatment

The International Secretariat of the OMCT requests your URGENT intervention in the following case in Colombia.

Brief description of the situation:

The International Secretariat of the OMCT has been informed about the presumed arbitrary detention and ill-treatment which the indigenous teacher Rigoberto Medina Dagua and his brother Willinton Medina Dagua have been subject to (La Despensa, municipality of Jamundí, Departament of Valle del Cauca).

According to the information provided by the Committee of Solidarity with the Political Prisoners (FCSPP), member of the network of the OMCT, Mr. Rigoberto Medina Dagua is a teacher in the indigenous school (No. 44) “Cristóbal Colón’’, which belongs to the Paez community known as "Kwe´s Kime Nasa", located in La Despensa, San Antonio, in Jamundí.

According to the sources on May 28th 2002 members of the third military brigade in Cali illegally entered the residence of Mr. Rigoberto Medina Dagua. They conducted a violent search and physically assaulted Mr. Medina Dagua and his brother Willinton Medina Dagua. Both men were accused of being guerrilla members and of possessing weapons. They were then detained and taken to the third brigade, where they were brutally tortured and were subject to humiliation.

The reports add that on the following evening members of the brigade returned to Mr. Medina’s house and placed among their belongings grenades and army clothes in order to make a false case against the two indigenous brothers, and thus it take to the regional public prosecutor. Having received the supposed “evidence” Mr. Florentino Silva Londoño, the public prosecutor (No. 132 of Cali), proceeded to give the order to transfer the two men to the Villa Nueva prison.

Background information:

According to previous denounces, the army had increase military operations in the area as a result of the collective kidnapping of the deputies of the Departmental Assembly in Cali, perpetrated by members of the FARC. According to the information received, from this date members of the third brigade committed permanent acts of harassment and violations against the community living in the area.

The reports assert that members of the Colombian army had often threatened the community saying that “soon the paramilitaries will come to finish everything up”. Likewise, the soldiers conduct regular census, and carry with them a list with names of some of the members of the community, among them those of the teachers throughout the region.

According to the sources, school directors are a common target of threats. Additionally, the military commander of the third brigade, whose name is unknown (the perpetrators of this actions do not carry with them proper identification), but who is often called “commander Condor”, is said to carry out visits to the schools. He interviews the children and asks them to sing the anthem of the FARC and the ELN, while advising the teachers not to stop giving their classes.

The International Secretariat of the OMCT shares the concern of human rights organizations regarding the increase in the persecution of the civilian population, in particular the violations to which the population has been subject by member of the Colombian army. It also shares the concerns for the security and physical and psychological integrity of the indigenous teacher Rigoberto Medina Dagua and his brother Willington Medina Dagua, as well of the other threatened teachers of the area.


Requested action:

Please write to the authorities in Colombia urging them to :

i. Take the necessary measures in order to guarantee the security and physical and psychological integrity of Mr. Rigoberto Medina Dagua and that of his brother Willinton Medina Dagua, as well as that of the other threatened teachers in Jamundi, and of the civil population in general;

ii. Order the immediate release of the teacher Rigoberto Medina Dagua and of his brother Willinton Medina Dagua, in case they are detained without valid reasons, or in the case of having them, guarantee and independent and impartial trial, as well as their legal rights under any circumstances;


iii. Guarantee an immediate and thorough investigation on the abuses committed against the community in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by the law;

iv. put into practice the recommendations provided by international and regional human rights organisations, including those by the High Commission for Human Rights, and the Inter-American Commission for Human Rights;

v. guaranteee the respect for human rights and fundamental liberties throughout the country in conformity with the national legislations and the international norms on human rights.

Addresses:
· S.E. Andrés Pastrana Arango, Presidente de la República, Cra. 8 n°.7-26, Palacio de Nariño, Santafé de Bogotá. Fax: (+57 1) 566 20 71 e-mail : apastra@presidencia.gov.co
· Consejería Presidencial de Derechos Humanos, Calle 7 n°. 6-54 Piso 3, Santafé de Bogotá, D. C. Fax: (+57 1) 337 13 51
· Doctor Gustavo Bell Lemus, Ministro de la Defensa, Avenida El Dorado con Cra. 52 CAN, Santafé de Bogotá.Fax:(+57 1) 22218 74 ;e-mail :siden@mindefensa.gov.co ; infprotocol@mindefensa.gov.co ; mdn@cable.net.co
· Doctor Armando Estrada Villa, Ministro del Interior, Cra. 8 n°. 8-09 Santa Fe de Bogotá, Santafé de Bogotá. Fax:(+57 1) 286 80 25 ;e-mail:mininterior@myrealbox.com ; minisint@col1.telecom.com.co
· Doctor Edgardo José Maya Villazón, Procurador General de la Nación, Carrera 5 n°. 15-80,Santa Fe de Bogotá.Fax: (+57 1)342 97 23;(+57 1)281 75 31 ; e-mail : reygon@procuraduria.gov.co ; anticorrupcion@presidencia.gov.co
· Doctor Luis Camilo Osorio, Fiscal General de la Nación, Diagonal 22 B n°. 52-01, Santafé de Bogotá. Fax: (+57 1) 570 20 00 ; contacto@fiscalia.gov.co ; denuncie@fiscalia.gov.co
· Doctor Eduardo Cifuentes, Defensor del Pueblo, Defensoría del Pueblo, Calle 55 n°. 10-32 Santa Fe de Bogotá. Fax: (+ 57 1) 640 04 91 e-mail : secretaria_privada@hotmail.com
· General Fernando Tapias Stahelin, Comandante de las Fuerzas Militares, Avenida el Dorado con Cra. 52, Santafé de Bogotá. Fax: (+57 1) 222 29 35 ; e-mail : siden@mindefensa.gov.co ; pilaque@cgm.mil.co

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

Geneva, June 4th 2002

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