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
President of Colombia
Palacio de Nariño
Carrera 8, No. 7-26
Bogotá, Colombia
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.
1 Revista Cambio, "Crece la polémica por la manera
como murieron tres sindicalistas en una confusa ope-ración
militar en Arauca", 16 August 2004.
2 Inter-American Court on Human Rights, Caso 19 Comerciantes vs.
Colombia, July 5, 2004, paragraph 174 (WOLA translation).
3 Organización de los Estados Americanos, Comisión
Interamericana de Derechos Humanos, Tercer Infor-me sobre la situación
de los derechos humanos en Colombia, OEA/Ser.L/V/II. 102, reprinted
by the Co-misión Colombiana de Juristas (Bogotá:
1999), p. 181 (WOLA translation).
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
Executive Director
Washington Office on Latin America
Stephen
Coats
Executive Director
U.S./Labor Education in the Americas
Project (US/LEAP)
Alex
Arriaga
Director of Government Relations
Amnesty International USA
American
Federation of State, County and
Municipal Employees, AFL-CIO (AFSC-ME)
Jose
Miguel Vivanco
Director of the Americas Program
Human Rights Watch
Communications
Workers of America, AFL-CIO/CLC, (CWA)
Neil
Jeffery
Executive Director
U.S. Office on Colombia
International
Longshore and Warehouse Union (ILWU)
Lisa
Haugaard
Executive Director
Latin America Working Group*
International
Brotherhood of Teamsters
Adam
Isacson
Director of Programs
Center for International Policy
Reg
Weaver
President
National Education Association
Viviana
Krsticevic
Executive Director
Center for Justice and International Law (CEJIL)
United
Automobile, Aerospace & Agricul-tural Implement Workers of
America
International Union, AFL-CIO (UAW)
Cristina
Espinel and Barbara Gerlach
Co-Chairs
Colombia Human Rights Committee
Bruce
J. Klipple
General Secretary-Treasurer
United Electrical, Radio & Machine
Workers of America (UE)
Marie
Dennis
Director
Maryknoll Office for Global Concerns
United
Mine Workers of America, AFL-CIO/CLC (UMWA)
Heather
Foote Director of the Washington Office
American Friends Service Committee
Daniel
Kovalik
Assistant General Counsel
United Steelworkers of America
J.
Daryl Byler
Director, Washington Office
Mennonite Central Committee
Maureen
Fenlon, OP
National Coordinator
NETWORK, A National Catholic Social Justice Lobby
Terry
Colllingsworth
Executive Director
International Labor Rights Fund
Matthew
Wade, S.M.
Associate Director
Conference of Major Superiors of Men
Milton
Rosado
President
Labor Council for Latin American
Advancement (LCLAA)
Gary
L. Cozette
Director
Chicago Religious Leadership Network on Latin America (CRLN)
Jacqueline
Baker
Legislative Coordinator
School of the Americas Watch
John
Lindsay-Poland Director, Task Force on Latin America and the Caribbean
Fellowship of Reconciliation
Martha
Pierce
Director
Chicago Metropolitan Sanctuary Alliance
*
Organizational affiliation given for identification purposes only
Cc:
Dr.
Francisco Santos, Vice President of Colombia
Dr. Luis Camilo Osorio, Attorney General
Dr. Edgardo Maya Villazón, Inspector General
Wolmar Pérez, Human Rights Ombudsman
Human Rights and IHL Unit, Attorney General's Office
Ambassador William Wood, U.S. Embassy
Craig Conway, U.S. Embassy
Ambassador Michael Kozak, Democracy, Human Rights and Labor, U.S.
State Dept.
Danika L. Walters, Democracy, Human Rights and Labor, U.S. State
Dept.