Colombia: Excessive use of police force against participants in the National Itinerant Summit of Social Organisations

Case COL 190506 / COL 190506.CC

CHILD CONCERN
Excessive use of police force / Death of an indigenous person / Numerous injured / Arbitrary detention / Fear for security

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

Description of the situation:

The International Secretariat of OMCT has received with deep concern information regarding the excessive use of police force against participants in the National Itinerant Summit of Social Organisations (Cumbre Nacional Itinerante de Organizaciones Sociales), whose central body began developing in the “La María” indigenous council in the municipality of Piendamó, an indigenous community in the north of the department of Cauca. The incident resulted in the death of indigenous community member Pedro Coscue, more than 70 injured, the arbitrary detention of nearly 30 people and in the midst of the confusion, the reported disappearance of various individuals.

According to the information received, on 16 May 2006, law enforcement officers, in particular the National Police’s Mobile Anti-disturbance Squadron (Escuadrón Móvil Antidisturbios - ESMAD), fired shots against the demonstrators, in an effort to stop the rural and indigenous movement in El Pital, near Mondomo in the department of Cauca. It has also been reported that beginning at 4:30 p.m. on the same day, air force helicopters launched teargas grenades and simultaneously fired machine guns at strategic sites (shops, kitchens, health care facilities and shelters) used by the estimated nearly 14,000 indigenous concentrated in La María, in northern Cauca.

The shooting resulted in the death of Mr. Pedro Coscué, Mr. Sebastián Ticue Yatacue’s serious lung injury, the injury of Mr. Julián Sánchez from El Palo, and that of Mr. José Guillermo Guesia, who sustained an eye injury. Additionally, two other indigenous community members whose names have not yet been disclosed suffered permanent injuries: one the loss of an eye and the other the loss of the right leg. The situation was aggravated by the refusal of the authorities to allow ambulances and medical personnel access to the injured.

The demonstrators occupied the Panamerican Road in the area known as “Remolinos” in the department of Nariño, and they continued to be assaulted by law enforcement officers, causing grave injuries to Mr. Bayardo Rosero, who was wounded in the stomach by a firearm, and Mr. Dagoberto Mestra, wounded in the waist. Both would reportedly be in critical condition.

Seven (7) minors suffered the effects of teargas indiscriminately scattered by ESMAD in Piendamó on 17 May 2006 while indigenous and rural community members took again the Panamerican Road. According to reports, the minors, who were gassed together with their mothers and older relatives, were on their way to a health care facility that, along with a nearby house, was burned and bombed by police officers. It was reported that the minors most seriously affected by the teargas are: Didier Mesa, 3 years old; Marlon Esneider Fernández, 5 years old; Edilsa Iquina Fernández, 10 years old; Rosa Muela, 7 years old; Natalia Muela Fernández, 6 years old; Claudia Patricia Yolanda, 5 years old, and Jhon Jairo Icue, around 12 years old.

It was also discovered that ESMAD entered the indigenous community and scattered teargas causing the displacement of the people there, including the reporters covering the events for the Cauca department communities.

Background information:

The National Itinerant Summit of Social Organisations began on 13 May 2006 after more than two months of meeting and preparation. The movement began on behalf of various organisations comprised of indigenous, peasants, Afro-Colombians, workers, teachers, students and men and women of various origins, activities and political affiliations. The organisers of the National Itinerant Summit of Social Organisations issued public statements to the media as early as 17 April 2006, to make known their decision to mobilise and their reasons for doing so. They report that the media did not publicise or cover their statements and proposed peaceful and large-scale change for every region of the country. However, there is now an attempt to publicise their legitimate and peaceful actions together with a recording supposedly made by guerrillas who observed the mobilisation and who have no connection to their organisations or to individuals who took part in it.

Indeed, the rural, indigenous and afro-descendant communities that took an active part in the Popular Mobilisation of Southwest Colombia (Movilización Popular del Suroccidente Colombiano) observed attacks by some of the media and the spread of reports that the guerrilla insurgency is present in the area where the demonstrations took place, and that guerrilla groups set fire to cars as part of an armed shutdown (paro armado). For their part, the organised communities denied these reports and affirmed that the mobilisation has political aims, which do not include insurgency. They assert that as such it should not receive coverage by the traditional media that seeks to dismantle popular political expression, in addition to placing the safety of participants in serious danger.

According to the organisers, the beginning of the summit coincided with the time-frame agreed upon by the government and indigenous communities in December 2005 for the granting of 14,000 hectares in the department of Cauca and 20,000 million pesos as compensation for the 1991 massacre of 20 indigenous persons in the “El Nilo” area. The agreement was to begin with the delivery of 8,000 hectares, pursuant to Decree 982 of 2005, to the Caldono community, which at the end of 2005 struggled for the recuperation of the land in the area of El Japio, northern Cauca. The movement will also address issues such as the Free Trade Agreement (TLC), national sovereignty and the reelection of current president Álvaro Uribe Vélez.

The International Secretariat of OMCT expresses its firm condemnation of these incidents of extreme violence committed against the civil population, and reminds the Colombian authorities of their obligation to respect the legitimate and constitutional right of Colombian citizens to social demonstration and protest.

Requested actions:

Please write to the Colombian authorities to urge them to:
i. Take urgent and immediate measures to guarantee the safety and physical and psychological integrity of all the injured and/or detained indigenous persons who were wounded by ESMAD members, including their access to free and necessary medical care;
ii. Conduct an exhaustive, independent and impartial investigation, carried out by civilians, into the serious injuries inflicted on children and other members of communities suffering political repression, in order to identify all those responsible, bring them before a fair, independent and impartial tribunal and apply to them the criminal and/or administrative sanctions prescribed by law;
iii. Grant adequate compensation to the families of Mr. Pedro Coscué and others who were wounded in the above-mentioned events, and/or their respective families;
iv. Comply immediately with the recommendations issued by international and regional human rights bodies, including the UN Office of the High Commissioner for Human Rights;
v. More generally, guarantee the respect for human rights and fundamental freedoms throughout the country, in conformity with international human rights standards, in particular with the Convention on the Rights of the Child and the Convention Against Torture, both ratified by Colombia.

Addresses:

• Permanent Mission of Colombia to the United Nations in Geneva. 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, President of the Republic, Cra. 8 # 7-26, Palacio de Nariño, Santa Fe de Bogotá. Fax:+57.1.566.20.71 Francisco Santos, Vice President: E-mail: fsantos@presidencia.gov.co ; buzon1@presidencia.gov.co
  
• Vice Presidential Human Rights Program: ppdh@presidencia.gov.co
  
• Vice Presidential Human Rights Observatory: obserdh@presidencia.gov.co
  
• Doctor Volmar Antonio Pérez Ortiz, Public Defender, 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, National Prosecutor, 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, National Attorney General, 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, Defense Minister, 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, Presidential Human Rights and International Humanitarian Law Program: cefranco@presidencia.gov.co
  
• Dr. Fernando Ibarra, Advisor, Human Rights and International Humanitarian Law Program. Fax : +57.1.337.46.67 E-mail: fibarra@presidencia.gov.co
  
• Sr. Carlos Holmes Trujillo, Diplomatic Mission in Brussels: FAX: +32.2.646.54.91, Email: colombia@emcolbru.be

Please also write to the embassies of Colombia in your respective country.

Geneva, 19 May 2006

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