Rape / Death threats, harassment and intimidation of the victim

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

Brief description of the situation:

The International Secretariat of OMCT has received with concern information from reliable sources concerning the death threats, acts of intimidation and current harassment against Mrs. Diana Paola Pinto Vaquero, pursuant to her complaint as a victim of rape by elements of the Albán Battalion of the regular Colombian army on the Brisas del Güejar path, under the jurisdiction of the municipality of Puerto Lleras (Departament of Meta).

According to the information received, on 22 October 2006, a group of approximately 10 soldiers, belonging to units of the Albán Battalion operating near the above-mentioned path, under the command of Captain Castillo, illegally entered into the dwelling of Mrs. Diana Paola Pinto Vaquero. They threatened her, and four of them raped her in the presence of her three-year-old child.

Subsequently, on 25 October 2006, Mrs. Pinto Vaquero filed a complaint before the Prosecutor for Sexual abuses in Bogotá city where they provided her with the telephone number of the Forensic Department (Medicina Legal) to request an appointment in order to determine whether or not there was a case of ‘violent carnal access’(rape/sexual violation). The examination was scheduled for 1st November, 9 days after the rape, when most likely there would be no more evidences.

According to the information received, on 27 October 2006, Mrs. Diana Paola Pinto Vaquero, her husband Mr. Juan Pablo Lara Briceño, and the Vice-President of the Human Rights Commission of Bajo Ariari, Mr. Héctor Torres, reported the abuses to the Commander of the Fourth Division, General Brigadier Guillermo Quiñónez, who requested that they be present on 1st November at the scene of the facts with Colonel named Riaño, commander of the unit involved in the events.

After the forensic examination that was eventually carried out on 31 October 2006, Mrs. Diana Paola Pinto Vaquero, travelled to Port Lleras where the Public Prosecutor # 15 took her statement, the one of her husband and that of Captain Castillón.

Then, the group of soldiers that went to the place for investigation filmed all the corners of the house, interrogated the owner and in the following days took statements from the commander of the group of soldiers met in the farm, and also, without any measure of protection, took the statements of witnesses and of inhabitants of the neighbouring zones of the place of the facts.

Later on, on 9 November 2006, as Mrs. Diana Paola Pinto Vaquero left her house, a man driving a taxi with plates number SIP 810 asked her help to find a direction supposedly written on a paper. When she approached in order to help, he pointed a weapon at her and forced her into the taxi, where there were also other men. They told her they had received an order to kill her and terrified her all night long, driving around the streets of Bogotá. When she tried to open the door in order to escape, they grabbed her hair and they threatened her with killing her son. Then, they identified themselves as paramilitaries, and said they were going to continue to follow her wherever she goes and, finally they released her.

Moreover, on 11 November 2006, when Mrs. Diana Paola Pinto Vaquero was on her way to make a call in a phone booth located near her house, she was followed by the man who had kidnapped her in the taxi two days before. He made a gesture in her direction, which was understood as a message that they were continuing to watch her. Finally, on 20 November 2006, she received a phone call in which she was told that: "(…) she should not go out of her house, and [they] already knew where she wanted to go", and "she should not seek more problems, and should give it up (…)".

The International Secretariat of OMCT condemns these serious facts and recalls that Colombia as a State Party to the Convention on the Elimination of All Forms of Violence against Women must “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(…)” (Article 2). Moreover, in accordance with Article 4(c)of the Declaration on the Elimination of Violence against Women, States must “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, the OMCT expresses its concern regarding the possibility that these serious human rights violations may remain unpunished. Therefore, OMCT requests the Colombian government to order a disciplinary investigation by the Regional Attorney's office and office of the General District’s State Attorney in order to lead to an exhaustive, impartial and criminal investigation into these serious events, to identify those responsible, to bring them before an impartial court and to apply the criminal and/or administrative sanctions provided by law, keeping in mind that such serious criminal acts cannot be considered, in any circumstance, as acts related to military duty.

Action requested:

Please write to the authorities in Colombia urging them to:

1. Take adequate measures to guarantee the safety and the physical and psychological integrity of Mrs. Diana Paola Pinto Vaquero, and the members of her family, in particular her husband, Mr. Juan Pablo Lara Briceño, and her child, and/or the witnesses who gave their statements concerning the above mentioned facts;
2. Order a thorough and impartial investigation into the allegations of rape, harassment and threats, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
3. to implement with no delay the recommendations issued by the regional and international human rights bodies, including the Office of the High Commissioner for the Human Rights and the Special Rapporteur on violence against women of the United Nations, taking immediate, appropriate and necessary measures to guarantee the safety and the psychological and physical integrity of all women, particularly women victims of sexual violence, and to investigate exhaustively all cases, in conformity with the international obligations of the State of Colombia;
4. More generally, guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, especially the Convention against Torture and the Declaration on the Elimination of Violence against Women.

Addresses:

• Misión Permanente de Colombia ante las Naciones Unidas en Ginebra. Chemin du Champ d’Anier, 17-19, 1209 Ginebra, Suiza. FAX: + 41.22.791.07.87; TEL.:+ 41.22.798.45.55. E-mail: mission.colombia@ties.itu.int
• Sr. Carlos Holmes Trujillo, Misión Diplomática en Bruselas: FAX: +32.2.646.54.91, E-mail: colombia@emcolbru.be
• 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 E-mail: auribe@presidencia.gov.co
• Sr. Francisco Santos, Vicepresidente de la República, Téls.: +571334.45.07, +573.7720130, 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
• Dr. 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; +57.1.414.90.00 Extensión 1113, E-mail: contacto@fiscalia.gov.co; denuncie@fiscalia.gov.co
• Dr. Edgardo José Maya Villazón, Procurador General de la Nación, Cra. 5 #. 15-80, Bogotá. Fax: +57.1.342.97.23; +571.284.79.49 Fax: +57.1.342.97.23; E-mail: cap@procuraduria.gov.co, E-mail: quejas@procuraduria.gov.co; webmaster@procuraduria.gov.co; cap@procuraduria.gov.co; reygon@procuraduria.gov.co; anticorrupcion@presidencia.gov.co
• Dr. Juan Manuel Santos Calderón, 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 (DIH). E-mail: cefranco@presidencia.gov.co
• Dr. Fernando Ibarra, Asesor del Programa Presidencial de Derechos Humanos y de DIH. 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, 28 November 2006

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