You can download the Colombia Human Rights Report 2008 in PDF format. Or read it in Spanish.
Violations of International Humanitarian Law in Colombia
December 2007 to November 2008
Report prepared by Julián Gutiérrez Castaño, Christian Peacemaker Teams volunteer.
For a summary of International Humanitarian Law, see www.icrc.org/Eng/ihl.
Introduction
This report outlines violations of International Humanitarian Law (IHL)1 observed by Christian Peacemaker Teams in Colombia's Magdalena Medio region (Bolivar and Santander provinces) and Nariño province from December 2007 through November 2008. CPT had a presence in other Colombian provinces, but the cases that appear in this report are only in the three provinces mentioned.
This report documents only violations of IHL - cases related directly to Colombia's armed conflict. Human Rights violations are omitted. To include violations that took place outside the context of war would carry a totally different meaning beyond the scope of our work. This is not meant to ignore the ongoing problem of government inattention to violations of Colombians' most fundamental rights.
The IHL violations covered in this report were committed by the three principle actors in the Colombia's armed conflict: the Armed Forces (National Army, National Police, the Navy and other State institutions), paramilitary groups (Aguilas Negras, Autodefensas Gaitanistas, Autodefensas Bolivarenses, etc.) and guerrilla groups (Revolutionary Armed Forces of Colombia-Popular Army and the National Liberation Army). In practice, ongoing alliances and infractions of the Principle of Neutrality committed by the Armed Forces when they associate with paramilitaries to combat guerrillas or to attack civilian populations lend credence the recurring argument that there are really only two groups of armed actors in Colombia's armed conflict.
This report includes only cases of which CPT has direct knowledge, either by having witnessed the violation or by taking information directly from victims or witnesses. In some cases, victims' names are omitted for their safety. Because CPT's work is limited to certain areas within the provinces mentioned, and is concentrated particularly in the Magdalena Medio region, other sources should be consulted in order to complete the pictures of IHL violations within these departments. The Observatory of Human Rights and Humanitarian Law of the Colombia-Europe-United States Coordination Group (CCEEU) recently published the Final Report of the International Mission of Observation of Extrajudicial Executions and Impunity in Colombia; the Center for Research and Education in the Public interest (Centro de Investigación y Educación Popular, CINEP) publishes a semiannual report, Noche y Niebla, one of the most complete sources of national statistics. In the Magdalena Medio region, the Holistic Peace Observatory (Observatorio de Paz Integral, OPI) of the Magdalena Medio Development and Peace Program (Programa de Desarrollo y Paz en el Magdalena Medio, PDPMM), Corporación Sembrar, the Cimitarra Valley Peasants' Association (Asociación Campesina del Valle del Río Cimitarra) and the Regional Corporation for the Defense of Human Rights (Corporación Regional para la Defensa de los Derechos Humanos, CREDHOS), constitute the most reliable centers for the collection and dissemination of Human Rights and IHL violation reports.
Statistics
The following statistics provided by Holistic Peace Observatory (OPI) are documented violations of IHL committed in the Magdalena Medio region by the three armed actors identified earlier.
|
CATEGORY |
TOTALS |
|
Individual Threats |
24 |
|
Collective Threats |
5 |
|
Attack on Civilian Goods |
1 |
|
Attack on Goods Indispensable for Survival |
|
|
Attempted Homicide |
1 |
|
Civilian Injured in Bellum Actions |
|
|
Civilian Killed in Bellum Actions |
|
|
Forced Disappearance |
5 |
|
Massive Forced Displacement |
2 |
|
Arbitrary Detention |
|
|
Injury |
20 |
|
Extrajudicial Execution |
102 |
|
Assassination |
32 |
|
Intentional Homicide |
4 |
|
Pillaging |
1 |
|
Kidnapping |
2 |
|
Torture |
4 |
|
Use of antipersonnel mines |
2 |
|
Shielding |
1 |
|
Sexual Violence |
|
|
TOTAL |
206 |
Accounts
BOLIVAR
San Luis, Simití, Bolívar. December 1, 2007
Presumed Perpetrator: National Army
Description: Execution of prisoners of war. Soldiers of the Luciano D'Lhuyar Battalion assassinated four paramilitaries of the Aguilas Negras, who had surrendered after engaging in combat in an inhabited rural area of San Luis, Simití. The executed paramilitaries' bodies were subsequently presented as if they had been killed in combat.
La Posa, San Pablo, Bolívar. December 28, 2008
Presumed Perpetrator: National Army
Description: Intentional Homicide of Protected Persons. Soldiers of the Batalla de Calibío Battalion apprehended Parmenio Manuel Hernandez Anaya, a member of the Cimitarra River Valley Campesino Association, shot him in the back, dressed him as a guerrilla and presented him as having been killed in combat. The soldiers were accompanied by an informant.
Micoahumado, Morales, Bolívar. January 12, 2008
Presumed Perpetrator: Paramilitaries, National Army.
Description: Intentional Homicide of Protected Persons. An ex-guerrilla paramilitary known as "El Flaco Miguel," working as an informant for the Luciano D'Lhuyar Battalion, shot and killed David Salazar Laguna and wounded his son while the two were traveling on a motorcycle near the soccer field in Micoahumado. The assassination occurred while "El Flaco Miguel" was patrolling with soldiers. Later, Mr. Salazar was presented as a guerrilla killed in combat by the Luciano D'Lhuyar Battalion.
La Cooperativa, San Pablo, Bolívar. January 27, 2008
Presumed Perpetrator: National Army.
Description: Intentional Homicide of a Protected Person. Soldiers of the Batalla de Calibío Battalion killed Miguel Angel González Gutiérrez, a 23 year-old member of the Cimitarra Valley Peasants' Association. The soldiers placed him in camouflaged clothing and presented him as a guerrilla killed in combat. Mr. González's father had been arrested a week before on charges of rebellion.
Puerto Rico, Tiquisio, Bolívar. February 3, 2008
Presumed Perpetrator: Revolutionary Armed Forces of Colombia-Popular Army (FARC-EP)
Description: Kidnapped for Political Persecution, collective occupation. The FARC-EP kidnapped a leader of Puerto Rico and took his automobile, which served public transportation needs of the community. The leader and vehicle were freed following intervention by the community.
San Pablo, Bolívar. February 18 or 19, 2008
Presumed Perpetrator: Paramilitaries
Description: Intentional Homicide of Protected Persons. Paramilitaries of the Autodefensas Bolivarenses set up a checkpoint on the road between San Pablo and Santa Rosa and assassinated Miguel Eugenio Daza, leader of the Association of Small Cacao Producers of Southern Bolivar (Asociación de Pequeños Productores de Cacao del Sur de Bolívar, APROCASUR), and his driver, Jhon Martínez. They also killed community leader Wilmar Tabarez, who was traveling separately by motorcycle. (APROCASUR had helped 192 familias to switch from illicit crop cultivation to cacao.)
Alto Cañabraval, San Pablo, Bolívar. March 12, 2008
Presumed Perpetrators: National Army and Paramilitaries
Description: Violation of the Principle of Distinction, Collective Threats. Citizens of the communities of Bajo Cañabraval, La Florida and El Retorno denounced the presence of the paramilitary group Aguilas Negras. Denouncements against the National Army included occupation of civilian spaces over a period of several days by soldiers, attempts to recruit some members of the community as informants and making unsubstantiated accusations that others are guerrillas. Members of the community also denounced Army threats to send the Aguilas Negras to punish them.
El Paraíso, Simití, Bolívar. March 13, 2008
Presumed Perpetrator: National Army
Description: Attack on Civilian Goods. National Army Soldiers burned several homes in the community of El Paraiso during illicit crop eradication operations under Plan Colombia.
Bolívar. April 10, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective and Individual Threats. The Northern Colombia Block of the Aguilas Negras sent an email threat naming as military targets members of the Farmers and Miners Federation of Southern Bolivar (Federación de Agromineros del Sur de Bolívar, FEDEAGROMISBOL), Sembrar, the Magdalena Medio Development and Peace Program, the Tiquisio Citizens Process, and the priests of Tiquisio, Arenal and Rioviejo. The threat accused the social and religious leaders of being guerrillas, called them people undesirable to the Colombian government "who should be eliminated" and warned that they will kill a leader for each meeting or action they undertake in their social processes. The threat arose only one week after the same leaders met with the Government, which committed itself to taking protective measures for their labor. The Constituent Assembly of Micoahumado, one of those threatened, had to cancel a planned visit from journalists headed by Alfredo Molano. The threats resulted in the flight from the zone of Catholic Parish Priest Rafael Gallego and church workers Said Echavez and Martha Lucia Torres on April 27.
Puerto Rico, Tiquisio, Bolívar. April 25, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective threats, Pillaging. Delia Castro and Jorge Tafur, leaders of the Tiquisio Citizens Process and the Farmers and Miners Federation of Southern Bolivar, were threatened with death by paramilitaries in Puerto Rico.
Mina Proyecto, Micoahumado, Morales, Bolívar. May 26, 2008
Presumed Perpetrator: National Army, Paramilitaries
Description: Collective Threats, Pillaging. "El Flaco Miguel" organized a paramilitary group of at least 47 men with whom he began to threaten and extort the Mina Proyecto community. "El Flaco Miguel" is an ex-guerrilla paramilitary who works as an informant for the Luciano D'Lhuyar Battalion. The Paramilitary commander established his authority in his knowledge of the zone and its leaders from the time when he was a guerrilla. Residents also testified that he extorts while patrolling with and working for the National Army.
Puerto Rico, Tiquisio, Bolívar. June 18, 2008
Presumed Perpetrator: Paramilitaries, National Army
Description: Collective Threats. Two men on a motorcycle, one of them recognized a paramilitary named Alfredo Atehortua ("El Gato"), sought Delia Castro and Jorge Tafur, leaders of the Tiquisio Citizens Process and the Farmers and Miners Federation of Southern Bolivar, stating publicly that they "had signed their death sentences" by what had been said in a meeting in San Pablo. The two paramilitaries had been pursuing the two leaders while also being seen talking with soldiers of the Nariño Batallion.
Puerto Matilde. San Pablo. Bolívar. July 10, 2008
Presumed Perpetrator: Nacional Army
Description: Intentional Homicide of a protected person. Calibio Batallion soldiers assassinated campesino Aicardo Antonio Ortiz, a member of Cimitarra Valley Peasants' Association, in his home. They took his body, dressed it in camouflage, added weapons and accessories of the type used by guerrillas and presented him as a guerrilla killed in combat. Mr. Ortiz belonged to the Seniors Club and was anticipating an operation on a hernia he suffered. He was a member of the City Council and participated in the Buffalo Project, financed by the European Union.
La Y. San Pedro Frío. Santa Rosa. Bolívar. July 17, 2008
Presumed Perpetrator: National Army
Description: Lack of identification of combatant status. A platoon of soldiers from the Luciano D'Lhuyar Battalion was patrolling in the zone together with individuals armed and uniformed like soldiers but whose faces were covered with black scarves. Platoon members acknowledged that this is a common practice in the zone.
San Pedro Frío. Santa Rosa del Sur. Bolívar. July 23, 2008
Presumed Perpetrator: National Army
Description: Looting, no identification of combatant status. Soldiers from the Luciano D'Lhuyar Batallion were present in the town center during a community assembly with the Farmers and Miners Federation of Southern Bolivar (FEDEAGROMISBOL) and CPT. The troops eventually left, but the commander refused to identify himself, even taking the step of covering his nameplate and the insignias on his uniform. The same Army platoon had recently confiscated some explosives that the miners were transporting for mine excavation. The miners had obtained the explosives through an agreement between FEDEAGROMISBOL and the Ministry of Mines and Energy.
La Conformidad, Micoahumado, Morales, Bolívar. August 8, 2008
Presumed Perpetrator: National Army
Description: Violation of the Principle of Distinction. Soldiers from the Luciano D'Lhuyar Battalion used civilian property as an encampment. When CPT members present took photos of the illegal occupation of the home, the Army attempted, without success, to take the camera from them.
Puerto Coca, Tiquisio. Bolívar. August 24, 2008
Presumed Perpetrator: the State
Description: Collective threats of displacement. A group of campesinos from Puerto Coca that occupied a barren plot of land since 1988, faced a possible mass displacement provoked by State action in favor of a landowner who wanted the land back after having left it abandoned for more than 20 years. During this time the campesinos had occupied and made improvements on it.
Cantagallo, Bolívar. August 25, 2008
Presumed Perpetrator: Paramilitaries
Description: Intentional Homicide of protected persons. The paramilitary group Aguilas Negras assassinated 27-year-old Alexander Rodríguez, a resident of the village of Bajopatico, Catagallo, while he was traveling in a public bus in the town center of Cantagallo. An attempt to assassinate him two weeks earlier had been unsuccessful.
Puerto Matilde, San Pablo, Bolívar. September 30, 2008
Presumed Perpetrator: Fiscalía General (Federal Prosecutors), National Army
Description: Violation of the Principle of Neutrality. In the formation of a task force to investigate the death of a member of the Cimitarra Valley Campesino Association (ACVC), Federal Prosecutors excluded the participation of organizations that accompany the ACVC. The Prosecutors based the request on the need to carry out a neutral and impartial investigation. Ironically, participating in the commission was the Batalla de Calibio Battalion, whose soldiers are believed to have committed the assassination to be investigated.
Santa Rosa del Sur, Bolívar. October 17, 2008
Presumed Perpetrator: Paramilitaries
Description: Threats of death to protected persons. Fernando Lopez Henao, a recognized paramilitary from Santa Rosa del Sur, arrived at Residencia (hotel) Los Pinos inquiring about Teofilo Acuña, President of the Farmers and Miners Federation of Southern Bolivar, and saying "the time has come." Paramilitaries have made multiple threats on Mr. Acuña's life and he has been subjected to political and judicial persecution by the Colombian government.
NARIÑO
Ospino Pérez, Nariño. December 2, 2007
Presumed Perpetrator: Nacional Army, Guerrilla
Description: Violation of the Principle of Distinction. The National Army maintains a constant presence in the urban center of the municipality. Guerrillas have made numerous attacks on Army positions, and the Army has responded to the attacks, generating combat situations that put civilians' lives at great risk. Civilian leaders have urged the Army to change its positions to places that do not imperil the population. The Army has responded by accusing the civilian leaders of being guerrillas.
Pasto, Nariño. April 30, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective threat. The Third Skinhead Force of Bogota (3ª Fuerza Skinhead Bogotá) of the Aguilas Negras sent a death threat against the Organization of Indigenous Unity for the Awa People (UNIPA). In the threat they accused them of being communists, guerrillas, Jews, unnatural enemies of God and used other expressions that do not bear repeating.
Pasto, Nariño. May 7, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective threat. The Black Eagles paramilitary group threatened a group of students of Nariño University (Universidad de Nariño) with death. The threats coincided with a scheduled visit from Senator Piedad Córdoba, who canceled her visit due to the threats and to the withdrawal by Pasto's Chamber of Commerce of its commitment to provide an auditorium for the event when it became aware of the Senator's plan to be present.
El Verde, Barbacoas, Nariño. May 10, 2008
Presumed Perpetrator: National Army
Description: Infraction of the Principle of Distinction. The National Army was camping in civil-ian homes located near the Pasto-Tumaco highway near El Verde, Barbacoas. In addition, they had parked four military tanks adjacent to the homes. The Army occupation of the residences put at risk the lives of the indigenous, since the FARC-EP is very active in the area.
Tumaco, Nariño. May 22, 2008
Presumed Perpetrator: Revolutionary Armed Forces of Colombia-Popular Army (FARC-EP)
Description: Collective threats. The FARC-EP issued death threats to leaders of collectively held Afro-Colombian territories near Nariño's Pacific coast. In the threat they gave until the end of May to abandon their leadership positions, or in June they would begin to kill them.
Ipiales, Nariño. May 23, 2008
Presumed Perpetrator: National Army
Description: Violation of the Principle of Distinction. An official of the Mecanizado Cabal Battalion accused the indigenous population of the Awa, displaced in the municipality of Ricaurte, of belonging to the guerrillas, although he stated that "even though they know who the displaced really are, they're not going to take any action against them."
Samaniego, Nariño. May 23 or 24, 2008
Presumed Perpetrator: Revolutionary Armed Forces of Colombia-Popular Army (FARC-EP)
Description: Kidnapping for political persecution. A medical worker of the Ricaurte City Council was kidnapped by the FARC-EP in the municipality of Samaniego. Psychologist Dora Liliana Alvarez was serving the indigenous population of the Awa in Nariño municipality.
SANTANDER
Los Ñeques, Ciénaga del Opón, Barrancabermeja, Santander. December 27, 2008
Presumed Perpetrator: Revolutionary Armed Forces of Colombia-Popular Army (FARC-EP)
Description: Violation of the fundamental guaranties. Members of FARC-EP accosted an adolescent woman of the community, took her to an isolated place and questioned her about a denouncement for sexual abuse against a family member that she had authorized to be registered with the Colombian Institute for Family Wellbeing. They warned her against taking action against the accused man.
Los Ñeques, Ciénaga del Opón, Barrancabermeja, Santander. January 4, 2008
Presumed Perpetrator: National Army
Description: Violation of the Principle of Distinction, Lack of identification of combatant status. Seven soldiers from the Rafael Reyes Battalion occupied a property near the school of Los Ñeques. In the group was an armed and uniformed person with no symbols that would identify him as a soldier of the National Army.
Los Ñeques, Ciénaga del Opón, Barrancabermeja, Santander. January 18, 2008
Presumed Perpetrator: Unknown
Description: Intentional homicide of protected persons. A hired worker at a ranch along the Opón River arrived at 2:30 am to a neighboring ranch, saying that he had heard shots in a neighboring room in the house where he was sleeping. The following day, the worker and the neighbor returned to the house where the worker had heard the shots, and they found Orlando "El Cura" another worker, dead with several gunshot wounds to the head.
La Florida, Ciénaga del Opón, Barrancabermeja, Santander. January 20, 2008
Presumed Perpetrator: National Navy
Description: Violation of the Principle of Distinction. Members of the Navy's Advanced River Post No. 31 (Puesto Fluvial Avanzado No. 31) camped in the school at La Florida. Additionally, they ignored community members' requests to investigate the January 18 assassination in Los Ñeques.
Ciénaga San Silvestre, Barrancabermeja, Santander. February 3, 2008
Presumed Perpetrator: National Army
Description: Violation of Fundamental Guarantees by Forced Recruitment. Soldiers of the Nueva Granada Battalion, under the command of Jaime Jaimes, were recruiting young people that did not have their identification cards with them in the area of the Ciénaga San Silvestre. The commander stated that he did not need to confirm whether or not the young people were students because "students should be studying," even though this illegal recruitment he was being carried out on a Sunday.
Puerto Wilches, Santander. February 18, 2008
Presumed Perpetrator: National Police
Description: Civilians injured in Bellum Actions. The National Police Riot Squad attacked striking employees of palm oil companies in Puerto Wilches using batons and tear gas.
Los Ñeques, Ciénaga del Opón, Barrancabermeja, Santander. March 5, 2008
Presumed Perpetrator: National Army
Description: Violation of the Principle of Distinction, Collective and Individual Threats. Soldiers of the Batalla de Calibio Battalion were camping in the yard of a private home. They intimidated the community with a presumed list of guerrilla collaborators. They took a photo of a minor and accused him of being an informant to the guerrillas. Paramilitaries had assassinated the boy's father a number of years earlier.
Barrancabermeja, Santander. March 17, 2008
Presumed Perpetrator: the State, Paramilitaries
Description: Collective Death threats. The Aguilas Negras paramilitary group sent written death threats to social organizations that led a nationwide march on March 6. In spite of the civil character of the march, high-ranking National Government officials had referred to it as a guerrilla march, putting at risk the lives of its organizers.
Barrancabermeja, Santander. May 8, 2008
Presumed Perpetrator: National Army
Description: Violation of fundamental guaranties by forced recruitment. Soldiers of the National Army's 5th Brigade recruited young people in the streets and a gymnasium in the city's northeast sector.
Barrancabermeja, Santander. June 1, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective Death Threats. A group of hooded Aguilas Negras paramilitaries in a small truck threatened to kill seven young persons in southeastern Barrancabermeja. The paramilitaries also fired their weapons into the air. They later threatened five other young people in the Boston neighborhood in the city's northeastern quadrant.
Barrancabermeja, Santander. June 18, 2008
Presumed Perpetrator: Paramilitaries
Description: Attempted homicide. Two paramilitaries attempted to assassinate a demobilized paramilitary in the Versailles neighborhood, wounding him with a bullet. During the shootout a neighborhood youth was injured.
Barrancabermeja, Santander. July 12, 2008
Presumed Perpetrator: Paramilitaries
Description: Civilian Injured in Bellum Actions. A member of the Women's Popular Organization was attacked by a group of demobilized paramilitaries after an automobile accident. The group struck her head and chest, until other civilians came to intervene. Later, members of the same group began to patrol around the woman's home.
Barrancabermeja, Santander. July 21, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective Threats. Members of the paramilitary group Heroes of Castaño patrolled the city in motorcycles and distributed death threats against leftist social organizations and union members of the city.
Barrancabermeja, Santander. July 30, 2008
Presumed Perpetrator: Paramilitaries
Description: Intentional Homicide, collective threats. The Presidents of the administrative subdivisions (comunas) of the City of Barrancabermeja warned that they would resign their positions if City Hall did not take effective action to protect them. The day before, Jorge Alberto Rodriguez, President of the Barrio (neighborhood) Ciudadela Pipaton, had been assassinated. The assassination occurred amid political tensions between the various City Council members and death threats against various comuna presidents.
Barrancabermeja, Santander. August 15, 2008
Presumed Perpetrator: Unknown
Description: Collective threats. Three men from an unnamed armed group carried out surveillance of a community vigil in Barrio La Liga. The vigil was held as a denouncement of an August 12 attempted murder that injured a psychologist, a passerby and two demobilized paramilitaries. The surveilling group was in a 4X4 vehicle with tinted windows and Bogotá license plate number OBF-304. Their presence intimidated many people at the vigil as well as others who decided not to attend to avoid the risk.
Barrancabermeja, Santander. August 22, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective threats. The Aguilas Negras paramilitary group threatened the life of members of the youth organization La Legion del Afecto. In the threat they accuse the youth of impeding planned executions of drug addicts, homosexuals, prostitutes, and guerrillas. In addition they accused the members, by name, of belonging to these vulnerable groups as though it were a reason to assassinate them.
Barrancabermeja, Santander. August 28, 2008
Presumed Perpetrator: National Police
Description: Violations of fundamental rights. In Barrancabermeja's Port area, agents of the Police Intelligence Department took people's photos, fingerprints and identification numbers for no apparent reason.
Puerto Wilches, Santander; Cantagallo y San Pablo, Bolívar. September 8, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective Threat. A list of people threatened with death was distributed in the urban centers of the three above-mentioned municipalities. All of the persons named in the list belonged to vulnerable populations (street people, prostitutes, drug addicts, etc. and the list referred to them as disposables.
Barrancabermeja, Santander. September 17, 2008
Presumed Perpetrator: Paramilitaries
Description: Individual Threat. Two men arrived on a motorcycle at the house of a member of the Women's Popular Organization. When they informed that she was not found, they began to ring the bell excessively, hitting the door, threatening the women that answered and demonstrating that they knew where to find the social leader.
Barrancabermeja, Santander. October 30, 2008
Presumed Perpetrator: Paramilitaries
Description: Collective Threat. The paramilitary group Autodefensas Unidas Gaitanistas threatened death to members of the SINALTRAINAL food industry workers union in Barrancabermeja, as well as other civilian groups.
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