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Updated:9/15/04
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Letter
to President Uribe from 29 U.S. organizations regarding August 2004
killing of unionists in Arauca, September 14, 2004
September 14, 2004 The
Honorable Álvaro Uribe Vélez Dear President Uribe: As U.S. non-governmental organizations and trade unions who share a common vision of a prosperous and peaceful Colombia where human rights are fully protected, we write in profound concern over the August 5th killing of the trade unionists Jorge Prieto, Héctor Alirio Martínez and Leonel Goyeneche in Arauca province. Reports from human rights organizations and the press, and a preliminary report elaborated by the Pro-curaduría,1 suggest that these men, recipients of protective measures by the Inter-American Commission on Human Rights, may have been victims of extra-judicial execu-tion by members of the Colombian armed forces. We respectfully urge your government to ensure a vigorous, impartial investigation of the deaths by civilian authorities, includ-ing independent autopsies. In numerous past cases, victims of alleged human rights violations at the hands of the military have been denied justice after the military was granted jurisdiction for prose-cution. Inter-American jurisprudence and Colombian law require that when there is any question as to appropriate jurisdiction, cases should be considered in the ordinary or civil-ian justice system. As recently as July 5, 2004, the Inter-American Court ruled that a case alleging human rights violations by the military was wrongly sent to military courts, and that "the judgment of the soldiers… by military judges lacking competence, which culminated in the cessation of the proceedings in their favor, implied a violation… of the right to due process and access to justice...2" The ruling directs the Colombian govern-ment to re-try the case in civilian courts. Additionally, the Inter-American Commission has repeatedly condemned the military penal system in Colombia for "not offering an ef-fective and impartial judicial recourse in cases of violations" of human rights.3 Therefore,
we ask for your leadership in ensuring that the case of the three
union-ists killed in Arauca be judged exclusively in the civilian
justice system. By ensuring ci-vilian jurisdiction, you would
demonstrate your confidence in the professional conduct of the
Colombian armed forces, as well as your commitment to prosecuting
those who fail to live up to such standards. In a case where there
is strong suspicion of human rights violations by members of the
Colombian military, a military court decision would not be credible.
Colombian society, and the military itself, would best be served
by a clarifica-tion of the events of August 5, 2004, in civilian
courts. Mr. President, we trust you will act on behalf of justice and transparency, and in doing so, set a precedent to ensure that impunity for grave human rights violations will not be repeated in the future. Thank you for your thoughtful consideration of this matter. Sincerely, Joy
Olson Stephen
Coats Alex
Arriaga American
Federation of State, County and Jose
Miguel Vivanco Communications Workers of America, AFL-CIO/CLC, (CWA) Neil
Jeffery International Longshore and Warehouse Union (ILWU) Lisa
Haugaard International Brotherhood of Teamsters Adam
Isacson Reg
Weaver Viviana
Krsticevic United
Automobile, Aerospace & Agricul-tural Implement Workers of
America Cristina
Espinel and Barbara Gerlach Bruce
J. Klipple Marie
Dennis United Mine Workers of America, AFL-CIO/CLC (UMWA) Heather
Foote Director of the Washington Office Daniel
Kovalik J.
Daryl Byler Maureen
Fenlon, OP Terry
Colllingsworth Matthew
Wade, S.M. Milton
Rosado Gary
L. Cozette Jacqueline
Baker John Lindsay-Poland Director, Task Force on Latin America and the Caribbean Fellowship of Reconciliation Martha
Pierce * Organizational affiliation given for identification purposes only Cc: Dr.
Francisco Santos, Vice President of Colombia |
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