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Human rights defenders / Reports and Publications / Colombia / 2019 / December

Colombia: [New report] Chronicle of a prosecution foretold – human rights defenders or defendants?

Colombia_2019.12_Informe Criminalizacion
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Bogota-Geneva, December 12, 2019 – Since the beginning of the National Strike on November 21, 1023 people have been arrested, and at least 47 have been prosecuted. Criminalising protest and the defence of human rights is not merely an issue related to the current moment – a report published today[1] describes a sustained policy in which State institutions are unduly used in an attempt to silence the defence of human rights.

 

Colombia is one of the most dangerous countries in the world for human rights defenders, according to figures from Colombian NGO Programa Somos Defensores, detailing 155 defenders killed in 2018 and a further 89 so far this year.

 

Murder and threats are the most visible aggressions. However, human rights defenders face other kinds of aggression, including criminal proceedings initiated against them with the aim of harassing or discrediting them.

 

« Instead of protecting defenders, the justice system and criminal law are often used against them. We have documented that, between the year 2012 and July 15, 2019, 249 defenders were unduly prosecuted, which is one case every 11 days. Those who face criminal prosecution report an increase in their levels of risk, which clearly shows that the ultimate goal is to silence them », declared Franklin Castañeda, CSPP President.

 

« Criminal prosecution purely based on their defence of human rights is not only unfair, it is also perverse: it contributes to perpetuating the very human rights violations the defenders were opposing, namely pollution, deforestation, land concentration and the erosion of the freedoms of expression and peaceful protest. The whole of Colombian society loses out in this scenario. At least, everyone except the perpetrators, that is », declared Gerald Staberock, OMCT Secretary General.

This report reveals that 71% of the cases are concentrated in only 6 departments[2], which at the same time are areas where 35.7% of mining projects and 46% of oil wells in the country are located. This shows a clear link between the defence of human rights in contexts of environmental struggle and the undue use of criminal law. Defenders of the right to peace have also been particularly affected by this phenomenon.

 

The report describes how different state and private actors intervene in and benefit from the prosecution of defenders. For instance, several companies from the mining-energy sector have used Colombian institutional mechanisms, such as cooperation agreements with the Ministry of Defence and the Public Prosecutor’s Office, as artillery against defenders. Between 2012 and 2019, 365 such cooperation agreements with 117 companies have been identified.

 

In particular, it is important to highlight evidence which shows how military units funded by these companies have carried out military intelligence activities against human rights defenders who report the negative human rights impacts of the extractive economy. These intelligence activities have unduly associated defenders with criminal groups. Equally, between 2017 and August 2019 alone, the Hydrocarbons Support Structures (Estructuras de Apoyo a Hidrocarburos - EDA) within the Public Prosecutor’s Office investigated and unduly accused 22 land and environmental defenders in connection with their participation in protests against oil companies in the departments of Arauca, Casanare and Meta. For example, between 2015 and 2019, Ecopetrol funded the EDA to the sum of $82.621.590.882 (approximately 21,8 million euros), through cooperation agreements, to investigate incidents affecting the adequate functioning of the oil industry, including “direct action” during social protests.

 

The report also details the multiple ways in which prosecuted defenders’ right to due process is violated. These processes are characterised by generic and imprecise accusations, using ambiguous criminal offences to create a scenario where pre-trial detention is the rule and not the exception: in 78.4% of cases where information has been obtained, the Colombian justice system deprived human rights defenders of their liberty, using both house arrest and prison facilities.

 

The organisations who have written the report call upon the Colombian State to guarantee that legal institutions and third parties do not manipulate the State’s punitive powers and its justice system to harass human rights defenders. They also consider that in order for the risk of judicial bias to end, private companies, and in particular Ecopetrol, must stop funding the Public Prosecutor’s Office to investigate incidents related to social protest.

 

 

 

 

The Committee for Solidarity with Political Prisoners (Comité de Solidaridad con los Presos Políticos - CSPP) demands, promotes and disseminates respect and guarantees for human rights for all people in Colombia, is part of the search for truth, justice and reparation; especially the right to Life, Liberty and Physical and Moral Integrity, dignified treatment, a fair and partial trial, and other rights established for persons deprived of liberty, imprisoned for political crimes or prosecuted for participating in social protest. In this way the organisation contributes to the national discussion about the justice system and demands the implementation of a democratic criminal policy with social justice; to contribute to building a State which respects human rights, democracy and peace with social justice. The CSPP is a member organisation of the OMCT SOS-Torture Network.

 

The World Organisation Against Torture (OMCT) works with over 240 member organisations which constitute its SOS-Torture Network, to end torture, fight impunity and protect human rights defenders worldwide. Together, we make up the largest global group actively standing up to torture. Helping local voices be heard, we support our vital partners in the field and provide direct assistance to victims. Our international secretariat is based in Geneva, with offices in Brussels and Tunis.

 

The Social Corporation for Community Advice and Training (Corporación Social para la Asesoría y Capacitación Comunitaria - COSPACC), dedicates most of its resources to supporting, organising and advising victims of the high level of human rights violations in areas where the organisation works, especially focusing on the departments of Tolima, Boyacá, Casanare, and the city of Bogotá. COSPACC carries out this work without losing sight of its main aim which is to rebuild the social fabric and to offer continuous training on the promotion and defence of human rights and International Humanitarian Law (IHL).

 

 

For further information please contact:

 

•                CSPP: Franklin Castañeda: +57 313 3919384

•                OMCT: Iolanda Jaquemet / Miguel Martín Zumalacárregui: ij@omct.org / +41 79 539 41 06

•                COSPACC: Fabián Laverde: +57 320 3014747

 

 

The report (including an Executive Summary in English) is available here.




The OMCT would like to thank the European Union, the Republic and Canton of Geneva and the Swiss Federal Department of Foreign Affairs. The contents of this report are the sole responsibility of the OMCT, CSPP and COSPACC and shall under no circumstances be interpreted as reflecting the views of these organisations.

The OMCT is part of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.




[1] CSPP, OMCT, COSPACC, “The defence of human rights criminalised in Colombia: criminal prosecution used against defenders of land, territory, the environment and peace”, available here.

[2] Antioquia, Cesar, Cauca, Huila, Casanare and Bogotá.

Properties

Date: December 12, 2019
Activity: Human Rights Defenders
Type: Reports and Publications
Country: Colombia
Subjects: Human Rights Defenders, Justice system, Land and Housing, Non-state actors, Rural poor, Threats, intimidation and harassment

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