Colombia: violent expulsion, several persons injured including children

COL 210606.ESCR/ COL 210606.CC
Economic, Social and Cultural Rights / Rights of the Child
Excessive use of police force /detentions /numerous wounded /death of a baby

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

Description of the situation:

The International Secretariat of OMCT has received with deep concern information from the Permanent Committee for the Defense of Human Rights (Comité Permanente por la Defensa de los Derechos Humanos, CPDH, Valle del Cauca), regarding the excessive use of police force during the evacuation of a homeless community from their building in Aguablanca District, City of Cali (Department of Valle del Cauca).

According to the information received, on 16 June 2006, at 3 a.m., the evacuation process was completed. The government force was comprised of soldiers, motorcycle policemen and the National Police’s Mobile Anti-Disturbance Squadron (Escuadrón Móvil Antidisturbios, ESMAD). Unannounced, they surrounded the community of nearly 1.200 families, who were sleeping in the building where they had lived for four months, in a sector known as “Siete Palos y Brisas del Bosque”, near the “Isaías Duarte Cancino” Hospital, Commune 15, in Aguablanca District.

According to reports, the above mentioned building’s inhabitants were severely injured and evacuated, beaten with truncheons and kicked. Then, the government force began to set fire to the improvised homes, destructing the scarce goods the above mentioned community had: gas heaters, clothes, mattresses, televisions, among other possessions. Moreover, they appropriated for themselves cylinders of combustibles used for gas heaters. Because of this, the inhabitants claimed that during the event, they lost all their savings and possessions.

The government force used small tanks and heavy machines in order to tear down the improvised homes and indiscriminately scattered teargas grenades. Furthermore, they treated the population with crude words and respected neither children nor pregnant women. Additionally, they snatched children without any authorization, and took them to the offices of “Bienestar Familiar”, as some parents claimed in the reports. News about the situation of these children has not yet been disclosed.

In addition, it is also reported that on the same day, numerous children and pregnant women were transported to medical emergency facilities. Indeed, a six-month old baby named Luis Ángel Riascos Cuero, died from effects of the teargas. According to reports not yet confirmed, it was not clarified if he received appropriate care, and/or if the mother, exasperated, returned home while the baby was not completely recovered. His two year old sister, Karen Yanely Riascos Cuero, is hospitalized with vomiting and diarrhoea, as a result of teargas inhalation.

According to the information received, the other persons who need medical assistance due to injuries caused during this violent evacuation are:

• Ms. Diana Calvo Quintero, 25 years old, who was beaten by policemen and, according to the report, was thrown with her 7-month old baby José Miguel Burbano Calvo into the sewer pipes to “receive the trash” from the city of Cali. Ms. Diana Calvo Quintero was in bad health state and her baby is at hospital because of a gastrointestinal infection which began immediately after it came out of the black water sewer pipes.
  
• The one and a half year old girl Evelin Jael Rivas Rosales was heavily beaten on the forehead by an agent of the ESMAD. He had tried to violently beat her mother, while she was carrying the girl. Thus the girl was severely wounded and has been transported to the hospital.
  
• The 16 year old girl Deisy Johana Bonilla Escobar was also savagely beaten by members of the ESMAD. Her hands were skinned, and she was beaten on the back and on the legs. As a result, she fainted and, unconscious, was thrown on the street by the policemen. When her brother Wilson Bonilla Escobar tried to defend her, numerous members of the ESMAD surrounded him and hit him, leaving him wounded on the arms and on the legs.
  
• The 3-month old baby Luz Amparo Collazos and the young girl Sarita Quiñónez were taken early in the morning by their mothers to receive medical assistance for teargas effects. In the middle of the confusion, until 16 June 2006, 10 p.m. there was no news about the girls or their mothers.
  
  There are numerous similar reports of kicks, punches and ill-treatment committed by the government force. For instance: 13 years old Iduar Saldaño, 14 years old John Javier Estancio, 12 years old Jennifer Estancio, 16 years old Harold Gómez, were beaten, mistreated and insulted, after they witnessed with their parents, grandparents, etc... the Government Secretariat employees’ burning of their possessions, with the excuse of “ restore” the lot set to become a public park.
  
  According to the reports, after the area was surrounded, the community could no longer enter it. Thus, it was forced to endure bad weather during the entire day. For the same reason, an inhabitant of the community, Mr. Norberto Amaya, remained various hours in a water tank where he had fallen, trying to protect himself from the government force.
  
  According to the information, the radio stations RCN and CARACOL were prevented from doing their work as were human rights defenders, who were also prevented from confirming the situation of various detained persons, among others Mr. and Ms. Francisco Asprilla, Carlos Narváez, Ernesto Perlaza and Cristino Rentería. Also, the government force burned the camera of the young Alberto Valencia, who was shooting the evacuation and the abuses. Among other abuses, personal damages and violations of physical integrity were suffered by the inhabitants, an undetermined number of young boys, girls, pregnant women and elders suffered suffocation as well as contusions in different parts of the body.
  
  According to the reports, an entity known as “Projunta de Vivienda” has communicated with the responsible authorities regarding the housing problem and denounced the fact that its requests never received response. One director of the Projunta (whose name has not yet been disclosed) was detained and its files containing all documents confiscated. Tools used for the community’s labour were also damaged, as well as a megaphone and the national flag.
  
  Human rights organizations have reported that, until 7 p.m., when they were allowed to enter the site of the evacuation, members of the FCSPP and the Youth Association “Asolibertad” met a group of men who, on behalf of the Government Secretariat, were burning the "cambuches" (shacks), though personal possessions of the families were still inside. These “governmental employees” responded to the NGO’s claims: “you don’t know who you’re getting mixed up with”. Moreover, according to the reports, it seems that the Secretary of the Municipal Government, Miguel Yusti Márquez, referred to the community with the following words: “Kill all these motherfuckers, we already bought the coffins”.
  

  Context and background information:

  The International Secretariat of OMCT points out with concern that this is not the first instance of excessive use of force by police, in particular the National Police’s Mobile Anti-Disturbance Squadron (Escuadrón Móvil Antidisturbios, ESMAD is reported in Urgent Appeals OMCT: COL 140306, student Oscar Salas dead; COL 060505/COL 060505.CC, student Nicolás Neira Alvarez dead; COL 290905, student Jhony Silva Aranguren dead; COL 111005, indigenous Marcos Soto dead; COL 151105, Guambian indigenous Belisario Camayo Guetoto dead.
  
  OMCT recalls that the Colombian government has the duty to guarantee that every police operation, in particular evacuation procedures, respects international human rights standards, especially the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations’ Code of Conduct for Law Enforcement Officials, and also expresses its concern that the perpetrators of these human rights violations could remain unpunished.
  

  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 above mentioned community members, particularly the detained persons and/or those wounded during the above reported actions, including urgent free and appropriate medical assistance for those who need it.;
  ii. Conduct an exhaustive, immediate, complete, independent and impartial investigation into the disproportionate procedures and abuse of power by the public forces, of which members of the above mentioned community were victims, in order to identify those responsible, bring them before a competent, independent, fair and impartial tribunal, and apply the penal and/or administrative sanctions provided for by law;
  iii. Order the immediate release of all detainees of the above mentioned incident, where there are no legal charges consistent with international law standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
  iv. Comply immediately with the recommendations issued by international and regional human rights bodies, including the Office of the High Commissioner for Human Rights;
  v. More generally, guarantee respect for human rights and fundamental freedoms throughout the country, in conformity with international human rights standards, in particular with the Convention of the Rights of the Child and the Convention Against Torture, both ratified by the Colombia.
  

  Addresses:

  • Permanent Mission of Colombia to the United Nations in Geneva. Chemin du Champ d'Anier, 17-19, 1209 Geneva. 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 : auribe@presidencia.gov.co
    
  • Sr. Carlos Holmes Trujillo, Misión Diplomática en Bruselas: FAX: +32.2.646.54.91, E-mail: colombia@emcolbru.be
    
  • 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. E-mail : cefranco@presidencia.gov.co
    
  • Dr. Fernando Ibarra, Advisor, Human Rights and International Humanitarian Law Program. Tel.: +57.1.336.03.11 Fax : +57.1.337.46.67 E-mail: fibarra@presidencia.gov.co
  
  
  Please also write to the embassies of Colombia in your respective country.
  
  Geneva, 23 June 2006
  Kindly inform us of any action undertaken, mentioning the code of this appeal in your reply.