Interim Report - Report No 363, March 2012

Case No 2761 (Colombia) - Complaint date: 08-FEB-10 - Active

Allegations: The complainant organizations allege the murder of and threats against various trade union officials and members

1. 402. The complaint is contained in a communication from the International Trade Union Confederation (ITUC) dated 8 February 2010. ITUC sent additional information in communications dated 22 March 2010 and 16 May, 17 June 2011 and 25 January 2012. The World Federation of Trade Unions (WFTU), in communications dated 9 April 2010 and 1 September 2011, the Single Confederation of Workers of Colombia (CUT) in communications dated 12 April and 4 May 2010, and the National Union of Food Workers (SINALTRAINAL), in a communication dated 10 June 2010, presented allegations related to the complaint.
2. 403. The Government sent its observations in communications dated 21 April, 5 September and 29 November 2010 and 21 February, 10 May, 27 May, 3 June, August and 29 September 2011, February and 1 March 2012.
3. 404. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants’ allegations

Murders of trade union officials and members

1. 405. In communications dated 8 February, 22 March, 9 April, 12 April, 4 May and 10 June 2010 and 16 May, 17 June, 1 September 2011 and 25 January 2012, ITUC, WFTU, CUT and SINALTRAINAL allege that, against a backdrop of ongoing anti-union harassment, the trade union officials and members listed below were murdered between January 2009 and July 2011.

   Trade union officials

   • 1. Benito Díaz Álvarez, trade union official of the Córdoba Teachers’ Association (ADEMACOR), was found at his home on 25 April 2010 with his throat cut.
   • 2. Hernán Abdiel Ordóñez Dorado, treasurer of the Trade Union Association of Employees of the National Prison Service (ASEINPEC) in Cali, was killed by gunmen on a motorbike, who shot him four times. The victim had denounced alleged acts of corruption involving the management of the women’s prison in the capital of the department of El Valle. He had previously received threats and had been the victim of an attack.
   • 3. Luis Germán Restrepo Maldonado, treasurer of the General Confederation of Labour (CGT), was murdered on 12 August 2010 by a hit man in the city of Medellín.

   Members

   2009

   • 1. Walter Escobar.
   • 2. Luis Franklin Vélez Figueroa, member of the National Trade Union of University Workers of Colombia (SINTRAUNICOL), was murdered at 6 a.m. on 31 January in the municipality of Quibdó by two youths on a motorbike, while he was sitting on his doorstep.
   • 3. Jorge Alberto García, member of the Risaralda Teachers’ Union (SER), was murdered on 21 April by two hooded men on a motorbike. According to witnesses, the killers were waiting to shoot the teacher as he was getting out of a taxi. One of the theories put forward by the family is that the hit men might have arranged to meet the victim at the place where they killed him, as he lived some 20 blocks away from the neighbourhood in question.
   • 4. María Rosabel Zapata, member of the El Valle Single Trade Union of Education Workers (SUTEV), was murdered on 7 May in the municipality of Cali. According to witnesses, the teacher got off a bus and was heading towards the school kiosk when a man stood in her way and shot her in the head. General Gustavo Ricaurte has said that, while the motives of the crime are still unknown, a minor was caught fleeing the scene.
   • 5. Pablo Rodríguez Garavito, member of the Arauca Teachers’ Association (ASEDAR), was murdered on 9 June in a classroom in the Cuiloto indigenous community in the Marrera district in the municipality of Puerto Rondón. It seems that he was shot several times by unknown gunmen.
   • 6. Rafael Antonio Sepúlveda Lara, who was killed on 20 June, was a member of the Santander North branch of the National Association of Hospital Workers of Colombia (ANTHOC) and sat on the institutional committee of the Trade Union Association at the Rudesindo Soto psychiatric hospital and on the national executive board of the National Federation of Public Servants (FENASER-CTC). The killer was seen walking around the neighbourhood with a woman minutes before shooting the victim, and the pair were picked up in a red vehicle in which they made their escape.
   • 7. Hebert González Herrera, member of the Single Agricultural Trade Union Federation (FENSUAGRO), was murdered on 25 July. At approximately 2 p.m., the trade unionist was tricked by an unknown person and taken to an unidentified place. He was found dead with seven gunshot wounds. It is thought that the shooting was carried out by an emerging group known as “Los Rastrojos”, which is operating in the municipality.
   • 8. Jacinto Herrera, member of the Guajira Teachers’ Association (ASODEGUA), was murdered on 26 July at around 7.15 p.m. by unidentified men on a motorbike.
   • 9. Miguel Ángel Guzmán, member the SER, was murdered at his home on 6 August.
   • 10. Diego Cobo, member of ADEMACOR, was murdered on 11 August at approximately 6.30 p.m. as he was on his way home. He was shot by two hit men on a motorbike.
   • 11. Gustavo Gómez was murdered on 21 August. He was an employee of Nestlé – Comestibles la Rosa S.A. and a member of SINALTRAINAL in the municipality of Dosquebradas. At approximately 6.30 p.m., unidentified assailants turned up at his house and knocked on the door. When Mr Gómez opened it, they shot him ten times.
   • 12. Fredy Díaz Ortiz was murdered on 22 August in the city of Valledupar. He was a member of ASEINPEC, which is affiliated to the CGT. The trade unionist was going out to work when he was shot by two hit men.
   • 13. Abel Carrasquilla, member of FENSUAGRO, was shot dead by armed paramilitaries on 23 August.
   • 14. Oscar Eduardo Suárez Suescún, member of the North Santander Teachers’ Trade Union Association (ASINORT), was murdered on 11 September. The authorities are investigating the motives for the crime and trying to identify the perpetrators. The victim was dumped with his head in a plastic bag taped around his neck. He had been killed with sharp weapon.
   • 15. Zuly Rojas, member of the National Health and Social Security Union (SINDESS), was killed on 9 October when he arrived home in the municipality of Saravena.
   • 16. Honorio Llorente Meléndez, member of the National Union of Farm Workers (SINTRAINAGRO), was killed on 17 October by an armed man while he was chatting with a group of friends in a public establishment. After having changed his shirt, the killer was picked up by two motorcyclists.
   • 17. Rafael Antonio Cantero Ceballos, member of ADEMACOR, was murdered on 27 October. He received three gunshot wounds.
   • 18. Mauricio Antonio Monsalve Vásquez.
   • 19. Paulo Suárez, member of the Arauca Rural Workers’ Association (ACA), was murdered in his home on 28 October. The perpetrators belonged to the National Liberation Army (ELN) guerrilla group.
   • 20. Ramiro Israel Montes Palencia, member of ADEMACOR, was attacked and killed on 29 October as he was on his way to the school at which he worked.
   • 21. Raúl Medina Díaz, member of the ACA, was murdered at 6.30 a.m. on 5 November, on his way to the EMSAR healthcare company.
   • 22. Apolinar Herrera, member of the ACA, was murdered at his home on 12 November by two hit men who identified themselves as members of the ELN.
   • 23. Zoraida Cortés López, member of the SER, was murdered on 13 November by two drive-by hit men. She was a professional in the arts and worked in the Higher Technical Institute in Periera, the capital of the department of Risaralda.
   • 24. Fabio Sánchez, member of the ACA, was murdered on 13 November in the municipality of Saravena.
   • 25. Fredy Fabián Martínez Castellanos, a member of the ADE, was murdered on 15 November. He disappeared on 13 July after leaving his home and his body was found buried in Barranquilla. He was a so-called “false positive” victim.
   • 26. Armando Cáceres Álvarez.
   • 27. Lenny Yanube Rengifo Gómez was found on 24 November 2009 in a rural area north of Popayán in the department of Cauca. He had disappeared after leaving his home at around 3 p.m. on Thursday 12 November. He was a teacher and trade union activist and belonged to the Association of Teachers and Education Workers of Cauca (ASOINCA).
   • 28. Iván Edgardo Tovar Murillo, member of the Tolima Teachers’ Union (SIMATOL), disappeared for two days and was found dead with multiple stab wounds.
   • 29. Manuel Alfonso Cuello Valenzuela, member of the Bolívar United Teachers’ Union (SUDEB), died on 26 November of gunshot wounds to the neck, inflicted by two motorcyclists.
   • 30. Alberto Jaimes Pabón, member of FENSUAGRO, was murdered on 27 November at 1.30 p.m. when he was shot six times.
   • 31. Jorge Reinaldo Ramírez.

   2010

   • 32. Norberto García Quinceno, member of SUTEV, was murdered on 2 January 2010.
   • 33. Carlos Andrés Cheiva, member of the Single Union of Education Workers of the Amazon Region (SUDEA), was murdered on 18 January.
   • 34. Jaime Fernando Bazante Guzmán, member of ASOINCA, was murdered on 19 January.
   • 35. Henry Saúl Moya Moya, member of the Tolima Farm Workers’ Association (ASTRACATOL), was murdered on 22 January.
   • 36. Oberto Beltrán Narváez, member of ADEMACOR, was murdered on 28 January. He was shot down by hit men close to the school where he worked.
   • 37. Rigoberto Polo Contreras, member of ADEMACOR, was murdered on 3 February. He was a riding on the back of a motorbike taxi when he was approached by two other motorcyclists, who ordered him to get off the motorbike and then shot him.
   • 38. Omar Alonso Restrepo, member of the Agriculture and Mining Federation of Southern Bolívar (FEDEAGROMISBOL), was murdered on 10 February.
   • 39. José de Jesús Restrepo, member of FEDEAGROMISBOL, was murdered on 10 February.
   • 40. Beatriz Alarcón, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 13 February.
   • 41. Francisco Ernesto Goyes Salazar, member of the Nariño Teachers’ Union (SIMANA), was murdered on 12 March.
   • 42. Duvian Cadavid Rojo, member of ADIDA, was murdered on 13 March.
   • 43. Israel Verona, member of the ACA, was murdered on 17 March.
   • 44. Rosendo Rojas Tovar, member of the Caquetá Teachers’ Association (AICA), was murdered on 20 March.
   • 45. Gustavo Gil Sierra, member of ADIDA, was murdered on 20 March.
   • 46. Antonio Garcés Rosero Miyer, member of ASOINCA, was murdered on 26 March.
   • 47. Javier Cárdenas Gil, member of the Trade Union Association of Sand and Gravel Workers of Quindio, was murdered on 1 April.
   • 48. Henry Ramírez Daza, member of the Union of Liquor Industry Workers (SINTRABECOLICAS), was murdered on 11 April.
   • 49. Francisco Valerio Orozco, member of ADIDA, was murdered on 16 April.
   • 50. José Isidro Rangel Avendaño, member of the National Union of Transport Workers (SNTT), was murdered on 19 April.
   • 51. Jorge Iván Montoya Torrado, member of the SNTT, was murdered on 20 April.
   • 52. Elkin Eduardo González was found murdered on 21 April. He had not been seen for two days and his body was found in a remote area with several gunshot wounds.
   • 53. Aliciades González Castro, member of the ACA, was murdered on 21 April.
   • 54. Diego Fernando Escobar Muñera, member of the Union of Judiciary Workers (ASONAL JUDICIAL), was murdered on 22 April.
   • 55. Benito Díaz Álvarez, member of ADEMACOR, was murdered on 25 April.
   • 56. Javier Estrada Ovalle, member of SUTEV, was murdered on 27 April.
   • 57. Nelson Camacho González, member of the Union of Oil Industry Workers (USO), was murdered on 17 June. He was waiting for the bus to take him to work when hit men on a motorbike shot him several times and killed him.
   • 58. Ibio Efrén Caicedo, member of ADIDA, was murdered on 19 June.
   • 59. Pedro Elías Ballesteros Rojas, a Judge of the Republic and member of ASONAL JUDICIAL, was murdered on 4 September, in the city of Cúcuta in the department of North Santander.
   • 60. Salvador Forero Moreno was murdered on 9 September when two armed assailants came into the school at which he worked and, after forcing him to go with them, drove him to a place where they killed him with a shot in the head.
   • 61. Luis Fernando Hoyos Arteaga, member of ADEMACOR, was murdered on 10 September in the neighbourhood of Moganbo in Montería, in the department of Córdoba.
   • 62. William Tafur, member of the National Union of Mining and Power Industry Workers (SINTRAMIENERGETICA), was murdered on 28 October in the city of Santa Marta in the department of Magdalena.
   • 63. Omaira Tamayo Montano, a teacher who was a member of the Magdalena Union of Teachers (EDUMAG), was murdered on 30 October, in the town of Sitio Nuevo, in the department of Magdalena.
   • 64. Carlos Hernando Castillo Calvache, a worker who was a member of ASEINPEC, was murdered on 4 November, in the city of Mocoa, in the department of Putumayo.
   • 65. María Ligia González, member of the Colombian Teachers’ Federation (FECODE), was murdered on 6 November by a hit man in a crowded street in the municipality of Tulúa, in the department of Valle del Cauca.
   • 66. Thomas Aquino Buelvas was murdered on 14 November. ADEMACOR stated that the perpetrators were a group of heavily armed men who approached the local news-stand on the main road of the town of San Francisco del Rayo and gunned down six people who were there. He and five other people who had been participating in the local festivities died.
   • 67. Diego Leonardo Vanegas González, member of ADIDA, was murdered on 16 November in Medellín.
   • 68. Nevis Hernando Bula, member of ADEMACOR, was murdered on 20 November in Sahagún.
   • 69. José Luis Montemiranda Rodríguez, a taxi driver who was a member of the Cartegena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 5 December in the city of Cartagena, in the department of Bolívar.
   • 70. Ariel de Jesús Benítez Hernández, a teacher who was a member of ADIDA, was murdered on 6 December, in the town of Yarumal, in the department of Antioquia.
   • 71. Wilson Albeiro Erazo Ascuntar, a worker who was a member of SINALTRAINAL, was murdered on 11 December, in the city of Palmira, in the department of Valle del Cauca.
   • 72. Alberto Hernández, member of the Union of Municipal Employees of Saravena (SIDEMS), was murdered on 13 December, in the city of Saravena, in the department of Arauca.

   2011

   • 73. Manuel Esteban Tejada, member of ADEMACOR, was murdered on 10 January 2011 when armed assailants showed up at his home and shot him several times.
   • 74. Humberto de Jesús Espinoza Díaz, member of the SER, was murdered on 30 January, when armed assailants blocked his path in the city of Pereira. He had been threatened on a number of occasions and had asked in vain for protection.
   • 75. Carlos Alberto Ayala, member of the Putumayo Teachers’ Association (ASEP), was murdered on 5 February by gunmen who lay in wait for him close to his home.
   • 76. Gloria Constanza Goana was murdered on 22 March as she was getting out of her car to enter the court where she worked. She was approached by a hit man who shot her repeatedly. She was the Criminal Judge of the Saravena Circuit (Arauca) and was in charge of a case concerning the rape of two girls aged 13 and 14 and the murder of one of those girls and their 9- and 6-year-old brothers, which had taken place in Tame in October. The defendant is sub-lieutenant Raúl Muñoz Linares, who used to head the “Buitres 2” patrol, which forms part of the National Army’s Fifth Mobile Brigade.
   • 77 and 78. Héctor Orozco and Gildardo García, both rural workers, were murdered on 30 March as they were driving home on a motorbike. They were killed in a fully militarized area, less than four hundred metres away from a place where National Army soldiers are permanently stationed.
   • 79. Ramiro Sánchez, member of the contractors’ association ASOGRECON, was murdered on 8 April by two men on a motorbike.
   • 80. Dionis Alfredo Sierra Vergara, member of ADEMACOR, was murdered on 15 May in Córdoba.
   • 81. Johnny Alfredo Sierra, a teacher who was a member of ADEMACOR, was murdered on 16 May, in the municipality of La Apartada.
   • 82. Alejandro José Peñata López disappeared on 20 June and was found dead in a rural area in the municipality of San Pelayo. It appeared that he had been hung with barbed wire.
   • 83. Carlos Arturo Castro Casas, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), was murdered on 23 May in the Los Robles neighbourhood of the city of Cali.
   • 84. Freddy Antonio Cuadrado Núñez was murdered on Friday 27 May in Ciénaga. He was shot in the head.
   • 85. Carlos Julio Gómez, member of SUTEV, was wounded on 26 May and taken to hospital, where he died on 29 May.
   • 86. Rafael Tobón Zea, member of the Segovia branch of SINTRAMIENERGETICA, was murdered on 26 July by paramilitary groups, in the El Campo district of the municipality of Segovia, in the department of Antioquia.

Attempted murders and death threats

1. 406. Furthermore, the complainant organizations allege the following acts of violence against trade union officials and members:

   Trade union officials

   • 1. On 1 October 2009, Mario Montes de Oca Anaya was attacked and seriously injured at the main entrance to the San Jerónimo Hospital in the city of Montería. Mr Montes de Oca Anaya is an official of the ADEMACOR executive subcommittee and a lawyer who represents displaced persons. ITUC emphasizes that the death threats against the teacher had already been reported, but the authorities had paid no attention.
   • 2. On 24 November 2009, Luis Javier Correa Suárez, president of SINALTRAINAL, received a call on the telephone assigned to him by the Protection Programme of the Ministry of the Interior and of Justice and a voice said: “Javier Correa, you have until 22 December to resign. There will be no second call”.
   • 3. In a communication dated 9 April 2009, the WFTU reports that, between 2009 and 2010, USO officials were threatened by telephone, harassed and followed by armed men in several regions of the country. These events were reported to ECOPETROL and the national authorities, but no action was taken . Furthermore, Fernando Navarro and Yesid Prieto had been direct victims of threats and attempted murder on previous occasions and these events were also reported to ECOPETROL and the authorities. More specifically, on Saturday 27 March, at approximately 11.15 a.m., in the city of Villavicencio, hit men on a motorbike attacked officials of the Bogotá executive subcommittee of the USO. They escaped unharmed but, in the reaction to the attack, a bodyguard was seriously wounded and died on his way to hospital in Villavicencio.
   • 4. The officials of the National Union of Bank Employees (UNEB) were victims of harassment and threats and were declared military targets by the group known as the “Nueva Generación de Águilas Negras” (Black Eagles New Generation) in an email sent on 24 October 2009 to the union leaders.
   • 5. José Omar Olivo Britto and teachers Ezequiel Martínez and Nancy Bustamante received death threats in March 2010, apparently from the illegal armed group known as “Les Urabeños”. Even though the persons concerned alerted the authorities, they were not provided with the necessary protection. José Britto, EDUMAG oficial, disappeared on 8 August, when he left his home in a taxi. He remains unaccounted for.
   • 6. Over Dorado Cardona, president of ADIDA, was attacked on 12 April 2010 while he was in a car dealership. Four armed individuals burst into the premises, prompting the immediate reaction of two of the ADIDA president’s bodyguards. After an exchange of shots, one of the assailants was injured and both he and the three men with him were detained and duly handed over to the authorities.
   • 7. Rodolfo Vecino and his family were threatened in a message sent to his personal address and to the USO’s National Human Rights and Peace Committee on 3 May 2010. Rodolfo Vecino was the USO’s legal adviser. He was accused of rebellion and given 48 hours to leave the country.
   • 8. Esteban Padilla was injured in an attack on 14 July. He was a member of the SINTRAMIENERGETICA executive committee, worked for the enterprise Drummond Ltd. in Colombia and was known to be a social leader. Two motorbike hit men shot him, leaving him seriously injured. His bodyguard was also injured in the attack.
   • 9. Ricardo Verón, member of the executive committee of the Tolima branch of ANTHOC, received death threats signed by paramilitary groups on 7 January 2011.
   • 10. On 17 January 2011, Martín Fernando Ravelo, Robinson Díaz Camargo and Rafael Rodríguez Moros, USO leaders, received death threats from paramilitary groups operating in the region.
   • 11. Javier Bermúdez Gómez, president of the Atlántico branch of the CUT, received death threats on 26 January 2011 when he accompanied a protest against the unfair dismissal of several workers.
   • 12. Wilson Pérez, ANTHOC leader, and Domingo Tovar, general secretary of the CUT, received death threats on 23 February 2011 from paramilitary groups operating in the city of Florencia, in the department of Caquetá.
   • 13. Rodolfo Vecino, national legal adviser of the USO, and Rafael Cabarcas, former member of the USO’s national executive committee (now retired) and Democratic Pole activist, continue to receive death threats from paramilitary groups.
   • 14. On 1 March 2011, Gustavo Marín Villalba and Gustavo Sarmiento Triviño, president and vice-president respectively of the Risaralda branch of the CGT, received death threats signed by the paramilitary groups operating in the region.
   • 15. On 3 March 2011, Jaime Burbano and Oscar Gerardo Salazar, members of the executive committee of the Cauca branch of the Single Union of Education Workers of Cauca (SUTEC), received death threats from paramilitary groups.
   • 16. On 8 March 2011, Juan Carlos Valencia and Gerardo Santibáñez (officials of the Union of Public Sector Workers and Employers (SINTRAEMDES)), María Eugenia Londoño (president of the SER), Vicente Villada Carvajal (president of the Risaralda branch of the CUT), Diego Osorio Montes (legal adviser of the SER) and Carlos Hernando Valencia (legal adviser of the Risaralda branch of the CUT), received death threats from paramilitary groups operating in the region.
   • 17. Alex Gómez, Octavio Collazos, Martha Baquero, Rosmery Londoño, Héctor Valencia, Libardo Pérez, Luz Mila Beltrán, Carlos Silva, Wilson Pérez, Yesid Doncel, Yolanda Fajardo, Maide Salcedo, Jorge Londoño, Franco Jojoa, Fernando Mecaya and Antonio Velen, all members of FENSUAGRO, which is affiliated to the CUT, and union representatives in the departments of Caquetá, Huila and Putumayo, received death threats from paramilitary groups on 15 March 2011.
   • 18. On 25 March 2011, unidentified persons violently broke into the home of Miguel Alberto Fernández Orozco, president of the Cauca branch of the CUT. He had already received death threats.
   • 19. On 3 November 2010, Fredis Marrugo Velazquez, a leader of the Union of Food Industry Workers (USTRIAL), was physically assaulted, beaten and held by security personnel working for a tuna processing facility run by the enterprise “Seatech International Tuna Processing Facility”.
   • 20. On 10 December 2010, members of the executive committee of the Cali branch of SINTRAUNICOL received death threats by text message. Other trade union, civil society and human rights organizations in the department of Valle del Cauca were also targeted.
   • 21. On 16 December 2010, the leaders of the Montería branch of SINTRAUNICOL received written death threats signed by paramilitary groups operating in the region.
   • 22. On 14 January 2011, the life of Henry Gordon, member of the executive board of the Atlántico branch of the CUT, was endangered by two armed men who attacked the union leader while he was travelling in his car.
   • 23. On 17 February 2011, leaders of SINALTRAINAL and of the Union of Municipal Workers (SINTRAMUNICIPIO) were threatened by paramilitary groups in the city of Buga, in the department of Valle del Cauca.
   • 24. On 25 May 2011, Yesid Calvache Saavedra, president of the Union of Oil Industry Workers of Putumayo (SINTRAPETROPUTUMAYO), received death threats signed by paramilitary groups operating in the department of Putumayo.
   • 25. On 2 June 2011, Ingrid Vergara, technical secretary of the National Movement of Victims of State Crime, and Adriana Porra, member of the Sucre Leaders’ Network, received further threats. The “Los Rastrojos” group sent threats to human rights organizations.
   • 26. On 13 June 2011, Fernando Carvajal, secretary of SINTRAPETROPUTUMAYO, received threats and was followed near his home by men on motorbikes. In the light of these threats, the union leader felt obliged to leave the region with his family.
   • 27. On 19 June 2011, the life of Wilson Sáenz Manchola, senior official of the Valle del Cauca branch of the CUT, was endangered in an attack. The trade unionist received a gunshot wound, but he is recovering well.
   • 28. On 18 August 2011, Duvan Vélez Mejía, president of the Antioquia branch of SINALTRAINAL and candidate to the executive board of the Democratic Pole, was the victim of an attempt against his life in the city of Medellín, and although he escaped unharmed, one of his bodyguards was injured and is in a clinic in the city.

   Members

   • 1. In a communication dated 10 June 2010, SINALTRAINAL indicated that, on 16 May 2010, the “José Alvear Restrepo” Society of Lawyers received death threats, which applied also to SINALTRAINAL. These threats were reported to the Public Prosecutor’s Office. The union adds that, on 26 May 2010, a member of the executive committee of the Bucaramanga branch of SINALTRAINAL found a death threat that mentioned by name the employees of the Coca Cola enterprise in Bucaramanga and union officials. This threat came at a time when the union was in a dispute with regard to collective bargaining and a list of demands that had been filed on 5 May 2010. This threat was also reported to the Public Prosecutor’s Office and to the Ministry of the Interior and of Justice on 27 May 2010. SINALTRAINAL states that another threat was received by email, and was also reported to the Public Prosecutor’s Office and to the Ministry of the Interior and of Justice on 27 May 2010. SINALTRAINAL states in general terms that, in Colombia, not only have over 4,000 men and women involved in the trade union movement been killed over the last 20 years, another unknown number of people – a significant number of whom are union leaders or activists in transnational corporations – have received death threats.
   • 2. Edgar Ramírez Delgado was attacked on 2 January 2011, when he was approached by individuals who started to insult him for being a trade unionist and tried to force him into a parked vehicle with its engine running. Thanks to the intervention of several passers-by, they did not succeed, although the victim suffered from various fractures as a result of being beaten.
   • 3. Henry Gordon Atencio was attacked on 14 January 2011, while he was on his way to the municipality of Soledad to attend a meeting with workers at the maternity hospital, where there were problems of mass dismissal that had been denounced by the CUT. Two gunmen intercepted the security patrol vehicle and threatened his life, but thanks to the instant reaction of his bodyguard, they were unsuccessful in carrying out the assault.
   • 4. On 2 April 2011, Martín Ravelo, Rafael Rodríguez Moros, Robinson Díaz Camargo and Luis Alberto Galvis, all members of the USO in the city of Barrancabermeja, received death threats by email, signed by paramilitary groups.
   • 5. On 1 and 14 March 2011, the following trade union organizations received death threats from paramilitary groups: the Single Agricultural Trade Union Federation (FENSUAGRO), the El Valle Single Trade Union of Education Workers (SUTEV), the Association of University Professors (ASPU), the National Trade Union of University Workers of Colombia (SINTRAUNICOL), the Association of Ministry of Defence Employees (ASODEFENSA), and the National Association of Public Servants of the Office of the Ombudsman (ASDEP).
   • 6. On 20 June 2011, more than 1,100 workers of the enterprise Montajes JM SA declared that they were in permanent assembly in response to serious violations of their labour rights. The Government responded with police force, which resulted in several workers being injured and hundreds of workers being arrested, in addition to the more than 1,000 workers who were dismissed. The USO, which supports the struggle of workers in Puerto Gaitán, has denounced the ongoing and illegal efforts by intelligence agents of the Colombian State to follow the workers.
   • 7. On 22 July 2011, the Valle del Cauca branch of the CUT and SINALTRACAMPO , as well as the unionists and human rights campaigners Wilson Sáenz, Diego Escobar, Álvaro José Vera, Omar Romero, Edgar Alberto Villegas, Henry Domínguez, Oscar Franco Pérez, Elizabeth Ramírez, Jairo González and Rubí Martínez Velasco, received death threats in a letter signed by the paramilitary groups operating in the region.
   • 8. On 23 July 2011, 44 teachers who worked in a rural public school in the department of Córdoba and who belonged to ADEMACOR were forced to leave their jobs in the light of the constant threats that they were receiving from the paramilitary groups operating in the department.
   • 9. On 1 August 2011, police officer José Martínez Cano, who formed part of the protection team assigned to the director of the Colombian Teachers’ Federation and the former president of ADIDA, was shot and is recovering in a clinic in Medellín.

Arbitrary arrests

1. 407. The complainant organizations’ allegations relate also to the arbitrary arrests of trade union officials and members mentioned below:

   Trade union officials

   • 1. Araceli Cañaveral Vélez was arbitrarily arrested on 17 January 2011, in the city of Medellín, by order of the Fifth Specialized Prosecutor’s Office of Cartagena, without being offered any information as to why she was deprived of his liberty. She was told only that she would be taken to Cartagena, where criminal proceedings are being taken against her. She is a social and trade union leader of ASOTRACOMERCIANT, which is affiliated to the CUT.
   • 2. Jailer González, president of ASTRACATOL, an affiliate of FENSUAGRO – CUT, was arbitrarily detained on 16 April 2011 by members of the Colombian army in the municipality of Chaparral, in the department of Tolima.

     Members

     • Luis Alberto Castillo Flores and Alfonso Yépez Patino, members of the Santander Rural Workers’ Association (ASOGRAS), were arbitrarily arrested on 5 December 2010 by police officers in Sabana de Torres, in the department of Santander.
2. 408. ITUC emphasizes that, as indicated above, it is clear that the situation in Colombia of violence against the trade union movement remains ongoing and has not changed, despite the strong claims to the contrary by the Colombian authorities in various forums and the change of government.
3. 409. In a communication dated 1 September 2011, the WFTU indicates that the threatening pamphlets against the trade union officials have not stopped and that the “Águilas Negras”, the “Urabeños” and other far right groups are still threatening and harassing members of the trade union movement. A significant percentage of the threats and harassment against trade unionists is carried out by private paramilitary armies funded by commercial landowners.
4. 410. Finally, in its communication dated 25 January 2012, the ITUC alleges that murder of five trade union officials and 17 trade union members, attempted murder of one trade union official and arbitrary arrests of two trade union officials which have taken place between April and December 2011. The ITUC also submits a list of murders that have occurred between 1 January and 31 December 2011, provided by the CUT, and a list of murders of 19 teachers occurred between January and October 2011, provided by FECODE.

B. The Government’s reply

1. 411. In a communication dated 29 November 2010, the Government reports on the strategy developed in order to reach swift judicial decisions in cases of violence against trade unionists. In accordance with the tripartite agreement signed in 2006 – renewed on 26 May 2011 – the Administrative Chamber of the Higher Judicial Council set up two specialized criminal courts and a criminal circuit court to deal with the backlog of cases, subject to the provision by the Government of the necessary resources for their operation. These courts were responsible for processing and reaching decisions on the criminal proceedings relating to murders and other acts of violence against union leaders and trade unionists that are under way in various judicial offices across the country. The Administrative Chamber created two types of judicial office to take into account the powers conferred under the Code of Criminal Procedure, namely: specialized criminal circuit courts handle cases of aggravated murder, torture, genocide, personal injury for terrorist purposes, kidnapping for ransom, forced disappearance and other wrongful acts against the lives and physical and moral integrity of union officials and activists in accordance with the procedural laws in force with respect to the powers of specialized courts.
2. 412. In communications dated 21 February and 10 May 2011, the Government reports – through the National Human Rights and International Humanitarian Law Unit and the different branches of the Prosecutor’s Office – on the progress made in processing the complaints and in the investigations that are taking place in relation to trade union matters. The events took place between 1998 and 2008.
3. 413. By a communication dated February 2012, the Government provides updated information indicating that the National Human Rights and International Humanitarian Law Unit has now 170 prosecutors, instead of 101 previously. To advance in the field of crimes against trade unionists, the sub-unit had a substantial increase in its personnel which went from ten prosecutors in January 2011 to 25 in January 2012. Of the 25 prosecutors, five are devoted exclusively to the care of victims in the recently created Victim Assistance Centres (three of them are operative). Similarly, the same sub-unit, which had 100 criminal investigators in January 2011, has, since January 2012, 243 full-time officers assigned to investigate crimes committed against trade union leaders, members and workers. The Government emphasizes that investigations are monitored by the head of the unit, the National Directorate of Criminal Prosecutions, and the Deputy Prosecutor’s Office. To date, the decongestion courts issued 375 judgments for a total of 479 applications. In addition, the Government states that the Prosecutor’s Office conducted a study to analyse 354 convictions, obtained between 2000 and 2011, for crimes committed against trade unionists in order to identify the real motive for the crimes. The study shows that of 483 decisions, 351 concern crimes of voluntary manslaughter and homicide of protected persons. The analysis of motives of these crimes demonstrates that the exercise of trade union activities is the reason in 17.7 per cent of cases (63 cases).
4. 414. In a communication dated 1 March 2012, the Government indicates that in compliance with the commitments undertaken in the context of a high-level mission which visited the country in February 2011, the Plan of Action Related to Labour Rights signed by Colombia and the United States in April 2011 and the Labour Agreement signed by the Government, Colombian enterprises and the CGT in May 2011, the following additional measures have been taken in relation to acts of violence against trade unionists and the fight against impunity: (1) adoption of Resolution No. 716 of 6 April 2011, which includes trade union activists among those covered by the Protection Programme; (2) a budget of $110 million to fund the programme in 2012; (3) the adoption of Decree No. 4912 of 26 December 2011 to amend the nature and functioning of the Risk Assessment and Recommendation of Measures Committee for the purpose of having a more objective risk assessment; and (4) the adoption of Act No. 1448 of 2011, which includes the compensation to the families of the trade unionists, victims of violence.

Murders of trade union officials and members

1. 415. In a communication dated 21 April 2010, the Government reports that it sent a copy of the complaint sent by the Office to the trade union organizations in order to request any additional information that would enable the Public Prosecutor’s Office to make progress in its investigations.
2. 416. In a communication dated 5 September 2010, the Government states that the Office of International Relations and Cooperation requested information from the National Unit and the Human Rights Unit of Public Prosecutor’s Office relating to the list of the victims of the acts of violence referred to in the complaint, asking for information about the investigations under way and the status of the proceedings concerning the individuals being examined in the context of the complaint. The report was received by the Government on 25 August 2010. The Government emphasizes that it has made several efforts to combat impunity and the violence committed against workers. As a result, there was a reduction in the murder rate of trade unionists of 26.3 per cent between 2008 and 2009, and of 85.7 per cent between 2002 and 2009, although it has not been established that the cause of death in each of these reported murders was the victim’s trade union activity.
3. 417. Furthermore, the Government, while it regrets and objects to each one of these crimes, asks for the following names to be removed from the list of reported murders, as the victims did not belong to a trade union organization:
   • – Paulo Suárez, member of the Arauca Rural Workers’ Association;
   • – Raúl Medina Díaz, member of the Arauca Rural Workers’ Association;
   • – Apolinar Herrera, member of the Arauca Rural Workers’ Association;
   • – Fabio Sánchez, member of the Arauca Rural Workers’ Association;
   • – Alberto Jaimes Pabón, member of the Arauca Rural Workers’ Association;
   • – Omar Alonso Restrepo, member of the Agriculture and Mining Federation of Southern Bolívar;
   • – José de Jesús Restrepo, member of the Agriculture and Mining Federation of Southern Bolívar;
   • – Israel Verona, member of the Arauca Rural Workers’ Association; and
   • – Aliciades González Castro, member of the Arauca Rural Workers’ Association.
4. 418. The Government indicates that the abovementioned workers belonged to community action boards and rural workers’ associations, which were not registered as trade union organizations. In one case, reference is made to a retired teacher who did not belong to the trade union. The Government adds that community action boards are civil society organizations that promote citizen participation in the running of their communities. They also serve as a means of dialogue with national, departmental and municipal governments and seek to create opportunities for participation with a view to promoting the development of neighbourhoods, towns and districts. Through these boards, mayors can also set development plans and reach agreement on and monitor the implementation of projects. Rural workers’ associations are legal non-profit-making entities under private law, comprising rural workers, whose main purpose is to engage in dialogue with the national Government on matters relating to agrarian social reform, agricultural credit, marketing, merchandizing and technical agricultural support. Rural workers’ associations have their own definition and structure, in so far as they are neither established, nor inspected and monitored, by the labour authorities. In this regard, when this group of the population is at risk, the Government provides protection through its Protection Programme, although the measures taken by the Committee for Regulation and Risk Assessment (CRER) are taken not in the context of trade unions, but rather in the context of social leaders or human rights defenders, depending on the case.
5. 419. The Government indicates that, through the Public Prosecutor’s Office, progress has been made in investigating several of the cases referred to the complaint:
   • 1. Pablo Antonio Rodríguez Gavarito: The case is under investigation. Cúcuta district, Support Structure Prosecutor’s Office No. 2. Humanitarian Affairs Unit of the Prosecutor’s Office.
   • 2. Rafael Antonio Sepúlveda Lara: The case is under investigation. Cúcuta district, Inter-institutional Homicide Team (BRINHO) of Prosecutor’s Office No. 6, Cúcuta.
   • 3. Hebert González Herrera: The case is under investigation. Bucaramanga district, Support Structure Prosecutor’s Office No. 1, Barrancabermeja.
   • 4. Diego Cobo: The case is under investigation. Montería district, District Prosecutor’s Office No. 22, Chinu.
   • 5. Gustavo Gómez: The case is under investigation. Pereira district, District Prosecutor’s Office No. 19, Dosquebradas.
   • 6. Fredy Díaz Ortiz: The case is under investigation. Valledupar district, District Prosecutor’s Office No. 13.
   • 7. Abel Carrasquilla: The case is under investigation. Bucaramanga district, Support Structure Prosecutor’s Office No. 1, Barrancabermeja.
   • 8. Oscar Eduardo Suárez Suescún: The case is under investigation. Cúcuta district, District Prosecutor’s Office No. 6.
   • 9. Zuly Rojas: The case is under investigation. Cúcuta district, Specialized Prosecutor’s Office No. 1.
   • 10. Honorio Llorente Meléndez: The case is under investigation. Bucaramanga district, Support Structure Prosecutor’s Office No. 2, Barrancabermeja.
   • 11. Rafael Antonio Cantero Caballos: The case is under investigation. Montería district, District Prosecutor’s Office No. 23.
   • 12. Ramiro Israel Montes Palencia: The case is under investigation. Montería district, District Prosecutor’s Office No. 24, Montelibano.
   • 13–16. Fabio Sánchez, Paulo Suárez, Raúl Medina Díaz and Apolinar Herrera: The cases are under investigation. Cúcuta district, District Prosecutor’s Office No. 2, Savarena.
   • 17. Zoraida Cortés López: The case is at the trial stage. Pereira district, Specialized Prosecutor’s Office No. 2.
   • 18. Lenny Yanube Gómez: The case is under investigation. Popayán district, District Prosecutor’s Office No. 3.
   • 19. Luis Franklin Vélez Figueroa: The case is under investigation. Quibdó district, District Prosecutor’s Office No. 2.
   • 20. Jorge Alberto García: The case is under investigation. Pereira district, Local Prosecutor’s Office No. 19, Santa Rosa de Cabal.
   • 21. María Rosabel Zapata: The case is under investigation. Cali district, in District Prosecutor’s Office No. 20.
   • 22. Jacinto Herrera: The case is under investigation. Riohacha district, in District Prosecutor’s Office No. 1.
   • 23. Fredy Fabián Martínez Castellanos: The case is under investigation. Barranquilla district, in District Prosecutor’s Office No. 41.
   • 24. Alberto Jaimes Pabón: The case is under investigation. Cúcuta district, District Public Prosecutor’s Office No. 2, Saravena.
   • 25. Armando Cáceres Álvarez: The case is under investigation. Bogotá district, District Prosecutor’s Office No. 3.
   • 26. Iván Eduardo Tovar Murillo: The case is under investigation. Ibagué district, District Prosecutor’s Office No. 46, Guamo.
   • 27. Jorge Reinaldo Ramírez: The case is under investigation. Buga district, District Prosecutor’s Office No. 23, La Unión.
   • 28. Elkin Eduardo González: The case is under investigation. Monteria District, Prosecutor’s Office No. 1.
   • 29. Gloria Constanza Gaona: The case is under investigation. National Human Rights and International Humanitarian Law Unit, Specialized Prosecutor’s Office No. 52.
   • 30. and 31. Héctor Orozco and Gildardo García: The case is under investigation. National Human Rights and International Humanitarian Law Unit, Specialized Prosecutor’s Office No. 48.
   • 32. Oberto Beltrán Narváez: The case is under investigation. Monteria district, Lorica District Prosecutor’s Office No. 23.
   • 33. Rigoberto Polo Contreras: The case is under investigation. Monteria district, Chinu District Prosecutor’s Office No. 22.
   • 34. Benito Díaz Álvarez: The case is under investigation. Monteria district, Lorica District Prosecutor’s Office No. 23.
   • 35. Hernán Abdiel Ordóñez Dorado: The case is under investigation. Cali District, Prosecutor’s Office No. 46.
   • 36. Manuel Esteban Tejada: The case is under investigation. National Human Rights and International Humanitarian Law Unit, Specialized Prosecutor’s Office No. 103.
   • 37. Humberto de Jesús Espinoza Díaz: The case is under investigation. Manizales, Prosecutor’s Office No. 2, Anserma.
   • 38. Carlos Alberto Ayala: The case is under investigation. National Human Rights and International Humanitarian Law Unit, Specialized Prosecutor’s Office No. 124 .
   • 39. Ramiro Sánchez: The case is under investigation. Manizales District, Prosecutor’s Office No. 1, Puerto Boyaca.
6. 420. Furthermore, in its communication of February 2012, the Government indicates that in the case of the murder of Luis German Restrepo Maldonado on 12 August 2010, a judgment was issued against Mr John Bayron Cardona Sepulveda, Alexander Pérez Pérez, Alexander Correa and Hernan Martinez Javier Molina Saldarriaga, who were imprisoned. Judgments in connection with the murder of Mr Nelson Camacho González and Efren Ibio Caicedo were issued.
7. 421. Likewise, the Government states that, through the Ministry of the Interior and of Justice, it continues to protect trade union leaders. In 2009, 1,550 union leaders were protected. As part of its policy to defend and safeguard workers’ rights, the Protection Programme has been strengthened for workers. In 2002, the Protection Programme budget for protecting union leaders was of more than US$7 million and in 2009 it was US$15,481,763. Between 2002 and 2009, more than US$86 million has been invested in the protection of union leaders. There are 196 high-level protection schemes for union leaders, which represents 28.91 per cent of all protection schemes available to the public.
8. 422. In a communication dated 3 June 2011, the Government indicates that progress continues to be made in the campaign against terrorism and general and organized crime, which has led to the capture of 2,400 criminals and 1,570 insurgents and to the demobilization of 1,600 guerilla fighters.
9. 423. Lastly, in a communication dated 29 September 2011, the Government indicates, in connection with the 25 murders reported by the CUT in its communication dated 4 May 2010, that further information is needed from the complainant organizations to enable the authorities to conduct investigations into these violations. Specific information about the context of the murders is important in order to determine whether the killings occurred within the general context of violence or whether they were actually the result of union activity. In addition, the Government states that the Public Prosecutor’s Office is officially expediting the investigations into the murders committed in Colombia, and that there is a special sub-unit that is responsible for the investigations into the murder of trade unionists. For this reason, the complainants must provide detailed information about the allegations so that the Public Prosecutor’s Office can carry out the necessary investigations.

Attempted murders, disappearances and death threats

1. 424. In a communication dated 5 September 2010, the Government reports on the investigations launched into the attempted murders and death threats:
   • – concerning Ramiro Arroyave, Álvaro Pulido, José Genis Montoya, William Gaviria, Fidel Madero, Rafael Bohada, William Pareja, Luis Jiménez, Guillermo Rivera, Segundo Mora and Enrique Hernández (of UNEB), the case is under investigation in Bogotá district, District Prosecutor’s Office No. 209, and
   • – concerning Luis Javier Correa, the case is also under investigation in Bogotá district, District Prosecutor’s Office No. 209.
2. 425. By a communication dated February 2012, the Government provided additional information in connection with investigations initiated in the following cases:
   • – José Omar Olivo Britto, Ezequiel Martínez and Nancy Bustamante: The threats are under investigation by the Prosecutor’s Office No. 6, Ceinaga in Santa Marta. The disappearance of José Omar Olivo Britto is also under investigation by the National Human Rights and International Humanitarian Law Unit, Specialized Prosecutor’s Office No. 18.
   • – Edgar Ramírez Delgado: The case is under investigation. Prosecutor’s Office No. 164, Cali district.
   • – Over Dorado Cardona: The case is under investigation. Medellín district, Specialized Prosecutor’s Office No. 39.
   • – Rodolfo Vecino: The case is under investigation. Cartagena district, Specialized Prosecutor’s Office No. 1.
   • – Henry Gordon Atencio: The case is under investigation. Barranquilla district, Prosecutor’s Office No. 19.
   • – Rafael Moros Rodríguez, Robinson Díaz Camargo and Martín Fernando Ravelo Ravelo: The case is under investigation. Bucaramanga district, Prosecutor’s Office No. 1, Barrancabermeja.
   • – Wilson Pérez: The case is under investigation. Florence district, Prosecutor’s Office No. 8.
   • – Rafael Cabarcas: The case is under investigation. Cartagena district, Prosecutor’s Office No. 1.
   • – Gustavo Sarmiento: The case is under investigation. Pereira district, Prosecutor’s Office No. 11.
   • – Jaime Burbano and Oscar Salazar: The case is under investigation. Popayan district, Prosecutor’s Office No. 2.
   • – Juan Carlos Valencia: The case is under investigation. Florence district, Prosecutor’s Office No. 8.
   • – Miguel Alberto Fernández Orozco: The case is under investigation. Popayan district, Prosecutor’s Office No. 11.
   • – José Fraydel Melo Bedoya: The case is under investigation. Cali district, Prosecutor’s Office No. 83.

C. The Committee’s conclusions

1. 426. The Committee notes with concern that the allegations concern the murder, attempted murder and arbitrary arrest of trade union officials and members.
2. 427. In this regard, while it deeply regrets the alleged murders and acts of violence, the Committee takes note of the information provided by the Government on its efforts to combat impunity and the violence committed against workers and the protection offered to trade union leaders (renewal of the 2006 tripartite agreement, establishment of special courts to ensure that swift judicial decisions are reached in cases of violence against trade unionists, the adoption of Resolution No. 716 of 6 April 2011, which includes trade union activists among those who are covered by the Protection Programme, a budget of $110 million to fund the programme in 2012, the adoption of Decree No. 4912 of 26 December 2011 to amend the nature and functioning of the Risk Assessment and Recommendation of Measures Committee for the purpose of having a more objective risk assessment, the adoption of Act No. 1448 of 2011, which includes the compensation to the families of the trade unionists, victims of violence, etc.), and that investigations have been launched into only some of the acts referred to in the complaint and that three decisions were handed down concerning cases of murder. The Committee emphasizes that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed and that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 43–44].

Murder of trade union officials and members

1. 428. The Committee notes that the complainant organizations refer in their complaint to the murder of three trade union officials and 86 union members (see also paragraph 430) between January 2009 and July 2011.
2. 429. The Committee notes that the Government reports on the status of the investigations launched into 39 murder cases (Pablo Rodríguez Garavito, Rafael Antonio Sepúlveda Lara, Hebert González Herrera, Diego Cobo, Gustavo Gómez, Fredy Díaz Ortiz, Abel Carrasquilla, Oscar Eduardo Suárez Suescún, Zuly Rojas, Honorio Llorente Meléndez, Rafael Antonio Cantero Ceballos, Ramiro Israel Montes Palencia, Fabio Sánchez, Paulo Suárez, Raúl Medina Díaz, Apolinar Herrera, Zoraida Cortés López, Lenny Yanube Gómez, Armando Cáceres Álvarez, Luis Franklin Vélez Figueroa, Jorge Alberto García, María Rosabel Zapata, Jacinto Herrera, Iván Edgardo Tovar Murillo, Fredy Fabián Martínez Castellanos, Alberto Jaimes Pabón, Jorge Reinaldo Ramírez, Elkin Eduardo González, Gloria Constanza Gaona, Héctor Orozco, Gildardo García, Oberto Beltrán Narváez, Rigoberto Polo Contreras, Benito Díaz Álvarez, Hernán Abdiel Ordóñez Dorado, Manuel Esteban Tejada, Humberto de Jesús Espinoza Díaz, Carlos Alberto Ayala and Ramiro Sánchez) and into two cases of death threats (against members of the National Union of Bank Employees (UNEB) and Luis Javier Correa). The Committee trusts that such investigations will make it possible in the very near future to shed light on the facts and punish the culprits. The Committee requests the Government to keep it informed of the investigations under way and the subsequent legal proceedings.
3. 430. Furthermore, the Committee takes note of the request by the Government to remove nine names from the list of murders, as those workers – Paulo Suárez, Raúl Medina Díaz, Apolinar Herrera, Fabio Sánchez, Alberto Jaimes Pabón (on the list of cases under investigation), Omar Alonso Restrepo, José de Jesús Restrepo, Israel Verona, and Aliciades González Castro – belonged to community action boards and rural workers’ associations, which are not registered as trade union organizations. In this regard, as was stated by the mission that visited Colombia in 2009, in order to support efforts to investigate the acts of violence against the trade union movement, the Committee considers that the criteria relating to information to be transmitted to the investigating bodies could be analysed in the framework of the follow-up of the tripartite agreement renewed in 2011 on a tripartite basis within the framework of the Committee for Consultation on Labour and Wage Policies.
4. 431. The Committee notes that the trade union organizations make allegations concerning the murders of certain individuals, without mentioning to which trade union they belonged. Furthermore, the Committee notes that the Government, in its last communication, indicated that detailed information was needed on the allegations made by the CUT in its communication of 4 May 2010, to enable the Public Prosecutor’s Office to conduct the necessary investigations. The Committee requests the complainant organizations to provide further information on the circumstances in which the murders of Walter Escobar, Mauricio Antonio Monsalve Vásquez, Salvador Forero Moreno, Alejandro José Peñata López, Freddy Antonio Cuadrado Núñez, Norberto García Quinceno, Carlos Andrés Cheiva, Jaime Fernando Bazante Guzmán, Henry Saúl Moya Moya, Francisco Ernesto Goyes Salazar, Duvian Cadavid Rojo, Rosendo Rojas Tovar, Gustavo Gil Sierra, Antonio Garcés Rosero Miyer, Javier Cárdenas Gil, Henry Ramírez Daza, Francisco Valerio Orozco, José Isidro Rangel Avendaño, Jorge Iván Montoya Torrado, Diego Fernando Escobar, Javier Estrada Ovalle and Beatriz Alarcón took place.
5. 432. With regard to the other alleged murders (Miguel Ángel Guzmán, Manuel Alfonso Cuello Valenzuela, Nelson Camacho González, Ibio Efrén Caicedo, Pedro Elías Ballesteros Rojas, Luis Fernando Hoyos Arteaga, William Tafur, Omaira Tamayo Montano, Carlos Hernando Castillo Calvache, María Ligia González, Thomas Aquino Buelvas, Diego Leonardo Vanegas González, Nevis Hernando Bula, José Luis Montemiranda Rodríguez, Ariel de Jesús Benítez Hernández, Wilson Albeiro Erazo Ascuntar, Alberto Hernández, Ramiro Sánchez, Dionis Alfredo Sierra Vergara, Johnny Alfredo Sierra, Carlos Arturo Castro Casas, Carlos Julio Gómez and Rafael Tobón Zea), the Committee urges the Government to take without delay the measures needed to launch judicial investigations in order to shed light on these murders, identify responsibilities and punish the culprits. The Committee requests the Government to keep it informed in this respect.
6. 433. The Committee takes note of the ITUC’s new allegations contained in its communication dated 25 January 2012 concerning murders, attempted murders and arbitrary arrests, as well as the lists of murders that occurred in 2011 provided by the CUT and murders of 19 teachers, provided by FECODE. The Committee requests the Government to provide its observations thereon without delay.

Attempted murder and death threats

1. 434. With regard to the numerous alleged death threats referred to in the complaint (concerning more than 120 individuals), the Committee notes that, according to the Government, investigations are being carried out into the threats made against the members of the UNEB and 19 other trade unionists. The Committee requests the Government to keep it informed with regard to these investigations.
2. 435. Deploring that the Government did not provide any information as regards the majority of the other death threat allegations, the Committee urges the Government to take the necessary measures without delay to launch judicial investigations in order to shed light on these cases, identify responsibilities and punish the culprits. The Committee requests the Government to keep it informed in this respect. Furthermore, the Committee requests the Government to take measures without delay to carry out risk assessments corresponding to the threatened union officials and members, in order to provide them with the necessary protection.

Arbitrary arrests

1. 436. With regard to the allegations concerning the arbitrary detention of Araceli Cañaveral Vélez, trade union and social leader of ASOTRACOMERCIANT, which is affiliated to the CUT, and of Jailer González, president of ASTRACATOL, Luis Alberto Castillo Flores and Alfonso Yépez Patino, members of the Santander Rural Workers’ Association (ASOGRAS), the Committee deeply regrets to note that the Government has not sent its observations in this regard. The Committee stresses that the detention of union officials or trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular; and that the arrest of trade unionists against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests [see Digest, op. cit., paragraphs 64 and 70]. The Committee requests the Government to send its observations in this regard.

The Committee’s recommendations

1. 437. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) With regard to the 39 murders that are currently under investigation, the Committee trusts that such investigations will make it possible in the very near future to shed light on the facts and punish the culprits. The Committee requests the Government to keep it informed of the investigations under way and the subsequent legal proceedings.
   • (b) Taking note of the request by the Government to remove nine names from the list of murders, as those workers – Paulo Suárez, Raúl Medina Díaz, Apolinar Herrera, Fabio Sánchez, Alberto Jaimes Pabón, Omar Alonso Restrepo, José de Jesús Restrepo, Israel Verona, and Aliciades González Castro – belonged to community action boards and rural workers’ associations, which are not registered as trade union organizations, the Committee considers that, in order to support efforts to investigate the acts of violence against the trade union movement, the criteria for compiling information to be transmitted to the investigating bodies could be analysed on a tripartite basis within the framework of the Committee for Consultation on Labour and Wage Policies.
   • (c) The Committee requests the complainant organizations to provide more information on the circumstances surrounding the murders of Walter Escobar, Mauricio Antonio Monsalve Vásquez, Salvador Forero Moreno, Alejandro José Peñata López, Freddy Antonio Cuadrado Núñez, Norberto García Quinceno, Carlos Andrés Cheiva, Jaime Fernando Bazante Guzmán, Henry Saúl Moya Moya, Francisco Ernesto Goyes Salazar, Duvian Cadavid Rojo, Rosendo Rojas Tovar, Gustavo Gil Sierra, Antonio Garcés Rosero Miyer, Javier Cárdenas Gil, Henry Ramírez Daza, Francisco Valerio Orozco, José Isidro Rangel Avendaño, Jorge Iván Montoya Torrado, Diego Fernando Escobar, Javier Estrada Ovalle and Beatriz Alarcón.
   • (d) With regard to the other murders referred to in the complaint (Miguel Ángel Guzmán, Manuel Alfonso Cuello Valenzuela, Pedro Elías Ballesteros Rojas, Luis Fernando Hoyos Arteaga, William Tafur, Omaira Tamayo Montano, Carlos Hernando Castillo Calvache, María Ligia González, Thomas Aquino Buelvas, Diego Leonardo Vanegas González, Nevis Hernando Bula, José Luis Montemiranda Rodríguez, Ariel de Jesús Benítez Hernández, Wilson Albeiro Erazo Ascuntar, Alberto Hernández, Ramiro Sánchez, Dionis Alfredo Sierra Vergara, Johnny Alfredo Sierra, Carlos Arturo Castro Casas, Carlos Julio Gómez and Rafael Tobón Zea), the Committee urges the Government to take the necessary measures without delay to launch judicial investigations in order to shed light on these murders and to identify and punish the culprits. The Committee requests the Government to keep it informed in this respect.
   • (e) The Committee requests the Government to provide its observations on the allegations contained in the ITUC communication dated 25 January 2012 concerning murders, attempted murders and arbitrary arrests, as well as the lists of murders that occurred in 2011 provided by the CUT and murders of 19 teachers, provided by the FECODE.
   • (f) With regard to the numerous alleged death threats referred to in the complaint (concerning more than 120 individuals), the Committee notes that, according to the Government, investigations are being carried out into the threats made against the members of the National Union of Bank Employees (UNEB) and 19 other trade unionists. The Committee requests the Government to keep it informed with regard to the proceedings under way.
   • (g) Deploring that the Government did not provide any information as regards the majority of the other death threat allegations, the Committee urges the Government to take the necessary measures without delay to launch judicial investigations in order to shed light on these murders and to identify and punish the culprits. The Committee requests the Government to keep it informed in this respect. Furthermore, the Committee requests the Government to take measures without delay to carry out risk assessments corresponding to the threatened union officials and members, in order to provide them with the necessary protection.
   • (h) With regard to the alleged arbitrary detentions, the Committee requests the Government to send its observations in that regard.
   • (i) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.