Informe provisional - Informe núm. 270, Marzo 1990

Caso núm. 1434 (Colombia) - Fecha de presentación de la queja:: 18-FEB-88 - Cerrado

1. 220. The complaints in Case No. 1434 were examined by the Committee for the first time at its November 1988 meeting, when it submitted an interim report to the Governing Body, which was based to a large extent on the direct contacts mission carried out by Mr. Philippe Cahier in Colombia from 31 August to 7 September 1988. (See 259th Report of the Committee, paras. 589-678 (and annexes) approved by the Governing Body at its 241st Session (November 1988).) These complaints had been presented by the following organisations: the Workers' Central Organisation of Colombia (CUT), the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Organisations of the Teaching Profession (WCOTP) and the World Federation of Trade Unions (WFTU).
2. 221. The complaints concerning Case No. 1477 were submitted by the CUT, the ICFTU, the WFTU, the WCOTP and the Trade Unions International of Public and Allied Employees.
3. 222. At its May 1989 meeting, the Government examined jointly Cases Nos. 1434 and 1477, and it submitted once again an interim report to the Governing Body. (See 265th Report of the Committee, paras. 475-500, approved by the Governing Body at its 243rd Session (May-June 1989).)
4. 223. Susequently, new allegations were submitted concerning Case No. 1477 by the following organisations: the Workers' Central Organisation of Colombia (CUT) (3 May, 15 September and 20 November 1989); the General Confederation of Labour (CGT) (6 July 1989); the Latin American Central of Workers (CLAT) (31 July 1989); the World Federation of Trade Unions (WFTU) (2 August 1989); the World Confederation of Organisations of the Teaching Profession (WCOTP) (11 August 1989); and the International Confederation of Free Trade Unions (ICFTU) (22 August 1989).
5. 224. The Government sent its observations in communications dated 16 and 21 October 1989 and 22 January 1990.
6. 225. 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. Previous examination of the cases

1. 226. When the Committee examined Cases Nos. 1434 and 1477 at its May 1989 meeting, it made the following recommendations on the allegations pending (see 265th Report, para. 500):
   • (a) The Committee is deeply concerned by the large number of trade union leaders and unionists who have been murdered or have disappeared since 1986 and observes that the situation is continuing to worsen because since its November 1988 meeting (at which it examined allegations concerning the murder or disappearance of more than 200 trade unionists), the complainant organisations have reported the murder of a further 46 trade union leaders and unionists as well as one new disappearance.
   • (b) While noting the important measures taken by the President of the Republic to fight the death squads and other groups of hired assassins and of "private justice", the Committee expresses its disappointment in noting that the Government only referred to 12 cases of murder and that there is no indication in its reply that it has adopted efficient and concrete measures to strengthen substantially the human and financial resources of the judiciary. The Committee firmly hopes that the recent Decrees adopted by the Government will intensify and make more effective the protection afforded to trade union leaders.
   • (c) The Committee concludes that the Government has not yet adopted all the necessary and appropriate measures required from it to guarantee the right to life of trade union leaders and unionists, which is a prerequisite for the exercise of the rights contained in Convention No. 87. Consequently, whilst reiterating the conclusions and recommendations contained in its November 1988 Report, the Committee urges the Government to send its observations on the allegations of murders and disappearances to which it has not replied (Annex I) and on the stage of the judicial inquiries undertaken in the other cases (Annex II), and especially to adopt the measures already advocated to strengthen substantially the human and financial resources of the judiciary. The Committee also requests the Government to keep it informed on the results of the measures taken to fight and dismantle the death squads and the other groups of hired assassins and of "private justice".
   • (d) The Committee considers that the banning of the general strike of 27 October 1988 and the numerous arrests which ensued for activities encouraging this strike, constitute violations of freedom of association. The Committee requests the Government to lift the suspension of the legal personality of all the trade union organisations concerned, to take steps to reinstate all those workers dismissed for having participated in the general strike and to keep it informed on the matter including indications as to whether any trade unionists are still detained (the Government has only mentioned that the leaders were released).
   • (e) The Committee requests the Government to reply to the allegations concerning acts of violence against trade unionists and trade union headquarters and arrests that have occurred since October 1988, and to send its observations on the report from the Administrative Department of Security (provided by the complainants) concerning a paramilitary group from Puerto Boyacá in which several civilians and military authorities are allegedly involved.
2. 227. The complainants' allegations referred to in the last of the Committee's recommendations follow here below (as stated in the 265th Report of the Committee, paras. 484-485):
   • The complainant organisations enclose as an annex a copy of a confidential report from the Administrative Department of Security (DAS), which states that:
   • The hired assassins and drug traffickers operating in the district of Puerto Boyacá (Boyacá) use the "Association of Peasants and Cattle Raisers of El Magdalena Medio - ACDEGAM" as their cover, behind which they carry out their illegal activities ... The ACDEGAM executive is made up of the following officials: Henry Pérez, President; Gonzalo de Jesús Pérez, Vice-President and father of the former; Luis Rubio, Mayor of Puerto Boyacá. This organisation is made up of more than 300 armed men who move between the municipalities of Puerto Boyacá and Otanche (Boyacá), Cimitarra and Puerto Olaya (Santander), La Dorada (Caldas) and Puerto Berrío (Antioquia), thanks to the vehicles (more than 100) they have at their disposal - including jeeps, vans, cars, lorries and light aircraft. The group is supported by drug traffickers, cattle ranchers and farmers who, anyway, give over part of their land to the growing of coca leaves; this activity is covered up by other legal farming activities. Several high-ranking officials in El Magdalena Medio co-operate with ACDEGAM, of which particular mention should be made of the following: the Regional Attorney of Honda (Tolima); the Commander and Deputy Commander of the military base of Puerto Calderón; the head of the police in La Dorada (Caldas); the head of the police in Puerto Boyacá (Boyacá); the Mayor of Puerto Boyacá (Boyacá) ...
   • The gang of common criminals which are known throughout the region as "Death to Kidnappers (MAS)" is subsidised by several members of the so-called Medellín Cartel ... (of which names are quoted). The following persons are middle-ranking officials in the organisation of hired assassins: ... an army sergeant ...
   • The DAS report continues by giving details about the training grounds of hired assassins and their whereabouts.
   • The complainant organisations alleged the following acts of violence and arrests:
     • - On 6 October 1988, there was an attempt on the life of Mario Montes de Oca, member of the Executive of the Trade Union of Workers in Risaralda in Quinchia, which left him injured.
     • - On 9 October 1988, unknown persons fired from a car at the teacher, Hugo Arnulfo Escobar, leader of the Single Trade Union of Teachers of Valle in the municipality of Jamundí (Valle del Cauca).
     • - On 23 October 1988, police officers attacked workers travelling in trade union buses, injuring Adela Caicedo, Mármol Isaac and Parra Fausto.
     • - On 25 October 1988, bombs exploded in the headquarters of the Teachers' Trade Union of Santander and the Sugar-Cane Workers' Trade Union of Palmira. Some weeks before, on 6 October 1988, a ten-kilo bomb was discovered in the headquarters of the Teachers' Trade Union of Córdoba, which was timed to go off during the meeting of the union executive; fortunately, the bomb was discovered in time and defused.
     • - In October 1988, the CUT publicly denounced the harassment of Angela Tobón Puerta and Jimmy Abdala Oliveros, trade union officials in Antioquia; after the calling of the general strike on 27 October, they had been followed and harassed by armed civilians and received threatening calls at their homes.
     • - Ana Inés Candela (Vice-President of the Trade Union of the National Provident Fund) and Maritza Palencia (employee of the district administration of this Fund in Bogotá and member of the Trade Union of Employees in the special district of Bogotá) were accused of having links with the guerillas. During the trial, the judges dismissed the charges and ordered the persons concerned to be released. However, they are still being held in the Buen Pastor Prison in Bogotá, where they have been since 7 January 1989 (these allegations are contained in a communication dated 2 March 1989).
     • - In March 1989, there was a terrorist attack against Alfonso Rodríguez, Manager of the Ecopetrol Workers' Co-operative; a bomb was placed in his home.
     • - On the morning of 29 March, army troops from the military headquarters in Urabá arrested all the workers on the Pan Gordito estate and others from the El Porvenir estate, both of which are in the municipality of Apartadó. More than 85 persons were arrested, including three SINTAGRO officials: Fernando Díaz, member of the national executive; Clímaco Herrera, member of the Carepa deputy executive; and Mario Ibarra, member of the deputy executive of Apartadó. The three officials were tortured, and after the workers of Urabá took action they were released on 30 March at 5 p.m. Mario Ibarra is seriously ill in hospital in Bogotá.
     • - On 7 April 1989, there was an attempt on the life of the Treasurer of the Workers' Federation of Norte de Santander (FENOSTRA-CUT), Juan Bautista Patiño, during which his 18 year old son was injured. This occurred in Pamplona and the shots were fired from a car.
     • - Officials of the Federation of Workers' Trade Unions (USITRAS), in Santander, have received death threats. These threats have been received by César Martínez, Rarid Florenz and Alberto Gil, all officials of the Teachers' Trade Union of Santander, and Victor Lizcano, President of USITRAS.
     • - In Santa Marta, Magdalena, the Workers' Federation of Magdalena has received death threats against its trade union officials, Henry Taité, President of the Trade Union of Licorera, Juan Luis Gómez, Lurdes Manjarrés and Angel Manjarrés. The two latter persons are teachers' trade union officials.

B. New allegations

1. 1. Murders of trade union officials and trade unionists
2. 228. The complainant organisations allege the murder of the following trade union officials and trade unionists:
   • - Gildardo Castaño Orozco, teacher at the ESAP and the Catholic University of Pereira, and President of the Teachers' Association of Risaralda (APROR) was murdered on 6 January 1989.
   • - Maria Elvira de Angulo, teacher at the National School in Barrancabermeja, Department of Santander, was murdered on 9 January 1989.
   • - Alfonso García Cano, teacher at the "Concentración Escolar de la Vereda - piedrecitas" in the municipality of Turbo (Department of Antioquia), was murdered by persons travelling in a vehicle when he was crossing the campus of the University of Antioquia on 12 January 1989.
   • - Mário Ortíz, teacher at the University of Valle, was murdered in January 1989.
   • - Luis Francisco Chaparro, Vice-President of the Executive of the Association of Primary Teachers of Caquetá (AICA), was murdered in the municipality of Curillo on 25 January 1989.
   • - Jaime Gómez Londoño, teacher, was murdered in the municipality of Quinchia, the Department of Risaralda, on 28 January 1989.
   • - Johny José Vanegas, teacher at the Corregimiento Caracolicito, in the municipality of El Copey, Department of Cesar, was murdered on 28 January 1989.
   • - Orlando Anibal Monroy Vergara, teacher at the IDEM in the municipality of Cucacia, Department of Antioquia, was murdered in the same municipality on 19 February 1989.
   • - José Vicente Munar Osorio, teacher at the rural school "Vereda Primavera" in Génova, Department of Quindío, was murdered on his way to work on 27 February 1989.
   • - Sister Teresa Ramírez, a nun belonging to the Virgin Mary Sisterhood, who worked in Liceo de Cristales, in the munipality of San Roque, the Department of Antioquia, trade union activist, was murdered on 28 February 1989.
   • - Fortunato Ruíz and Sergio Mestra, workers in the "La Reserva" estate in the municipality of Carepa, Department of Antioquia, were found blown to bits, seemingly by dynamite, after having been held by the army and tortured; both these persons were members of SINTAGRO and murdered on 3 March 1989.
   • - Jorge Luis Garcés Castillo, a teacher belonging to the Teachers' Trade Union of Risaralda (SER), was murdered by two hired assassins who arrived early in a yellow car in the municipality of Mistrato with the sole purpose of murdering him; they followed him throughout the day in the village and in the square, in a café when he was with friends, and fired the first shot; when he tried to escape, they fired nine further shots. This occurred on 13 March 1989.
   • - Saul Reina Perea, teacher at the school of La Vereda Salado Grande, in the municipality of Puerto Leguízamo, national administrative district of Putumayo, was murdered at work when he was accompanied by his wife and two children on 20 March 1989.
   • - Alfredo Oviedo, Alberto Jaramillo and Humberto Bustamante, banana workers at the Chiguiros estate in the municipality of Turbo, Department of Antioquia, members of SINTAGRO, were murdered by hired assassins on the estate on 31 March 1989.
   • - Jairo Lemos Moreno, trade union activist of Nestlé, Tuluá, Department of Valle, was murdered by an unknown person who fired at him at point-blank range on 1 April 1989, causing his immediate death; the murder occurred at 7 a.m. when the worker was returning home after having been on night duty in the Cerelac Section of the Nestlé factory.
   • - Cobarcio Palacio, John Jairo Martínez and Rafael Palacio, workers on the "San Judas" estate in the municipality of Apartadó, Department of Antioquia, were murdered by unknown persons who dragged them out of their work camps during the night of 3 April. Their bodies were discovered at 3 p.m. the following day, on 4 April 1989.
   • - Edinson Pachecho López, President of the Federation of Workers of Córdoba (FESTRACOR), a member of the CUT, was riddled with bullets by hired assassins travelling on a motor bike in the centre of the town of Montería, Department of Córdoba, when he was accompanied by his wife; the latter was seriously injured. These events occurred on 6 April 1989.
   • - David Espitia Bonilla, trade union activist belonging to the National Trade Union of Employees in National Public Works (SINDOPNALES), was murdered by hired assassins in the municipality of Chiquinquirá, Department of Boyacá, on 14 April 1989.
   • - Luis Daniel Vera López, young journalist working for the Metropolitan Radio and lawyer, was murdered in Bucaramanga, Department of Santander, by three persons who fired at him. He was a member of the Colombian Association of Journalists (ACP) and the National College of Journalists (CNP). He was murdered on 23 April 1989.
   • - José Joaquín Vergara Bohorquez, trade union activist of the Workers' Trade Union (USO), was attacked by hired assassins and wounded in the head when he was going on duty in El Llanito, in the district of El Centro, in the municipality of Barrancabermeja, Department of Santander. Mr. Vergara managed to reach the polyclinic alive, but because there was neither oxygen nor an ambulance driver to take him to the town of Bucaramanga, he died on 30 April 1989.
   • - Libardo Rengifo, agrarian leader in the municipality of La Palestina, Department of Caldas, was shot in the back five times by a hired assassin and taken to the University Hospital of Manizales where he died on 2 May 1989.
   • - José Osorno Osorno, teacher in the municipality of Amalfi and delegate of this same municipality to the Assembly of the Teachers' Association of Antioquia (ADIDA), was murdered at his home in Amalfi at 7 p.m. on 7 May 1989.
   • - Benjamín Sotelo, José Francisco Mantilla Ojeda and José Santos Carepa, workers belonging to the Miners' Trade Union of Ataco, municipality of Ataco, Department of Tolima, were attacked by hired assassins in this municipality; Messrs. Sotelo and Mantilla were murdered and Mr. José Santos was seriously injured; these events occurred on 9 May 1989.
   • - Teodoro Quintero, trade union official belonging to the National Executive of SINTRACUEMPONAL, disappeared on 10 May in Bucaramanga and was found dead in the municipality of Piedecuesta, Department of Santander on 11 May 1989.
   • - Hernán Cuello Daza, teacher at the José Antonio Dávila Departmental College, in the municipality of San Juan del Cesar, Department of La Guajira, was murdered on 19 May 1989.
   • - Humberto José Blanco Juliao, teacher at the Gabriel Escobar Ballesta National College, in the municipality of Plato, Department of Magdalena, was murdered at his home in Plato on 20 May 1989.
   • - Miguel Antonio Rodríguez Rubio, Rector of the Córdoba Institute in the Special District of Bogotá, was murdered inside the college during the night. Seriously injured, he was taken to the San Ignacio Hospital, where he died several minutes later on 21 May 1989.
   • - Adolfo Pérez Arosemena and Carlos Eneique Morales, both journalists, from the Department of Santander, were found dead in the outskirts of the city, with visible signs of having been tortured, on 21 May 1989.
   • - Humberto Blanco, member of the Teachers' Trade Union of Magdalena (EDUMAG), in the Department of Magdalena, and member of FECODE and the CUT, was murdered by the paramilitary group "MAICOPA" on 22 May 1989.
   • - Anilio Martínez, worker on the "El Retiro" estate, member of the Agricultural Workers' Trade Union of Antioquia (SINTAGRO), in the Department of Antioquia, Urabá region, was violently dragged from his workplace by soldiers on 23 May 1989. The following day, 24 May 1989, he was found dead at 10 a.m.
   • - Ismael Montes Peña, teacher at the school "La Vereda El Guadual", El Carmelo Jurisdiction, municipality of Arboletes, Department of Antioquia, was murdered on 25 May 1989.
   • - Ediberto Marín Patiño, teacher at the La Dorada National Institute, municipality of La Dorada, Department of Caldas, was murdered on 28 May 1989.
   • - César Arcadio Cerón, Treasurer of SINTRARENA, Cauca Section and member of the Human Rights Committee in this Department, was murdered by hired assassins in front of his home in Popayán on 10 June 1989.
   • - Guillermo Pasos, teacher at the Industrial Technical Institute in Puerto Wilches, Department of Santander, was murdered on 8 July 1989. He was at the drugstore in La Magdalena, reading the newspapers, when unknown persons fired on him, causing his death.
   • - María Elena Pérez, Judge, member of the Judicial Workers' Association, who was investigating the murders carried out by paramilitary groups in Urabá and Córdoba, was murdered on 28 July 1989.
   • - Omar León Gómez Marin, 44 years of age, teacher at the University of Antioquia, was murdered in the municipality of Bello on 30 July 1989.
   • - Manuel José Zapata Carmona, 34 years of age, teacher at the University of Antioquia, was murdered in the municipality of Bello on 30 July 1989.
   • - Henry Cuenca Vega, President of the National Federation of Building, Cement and Woodworkers (FENALTRACONCEM) and member of the National Executive of the CUT was fired on by machine-gun by paramilitary groups on 30 July 1989.
   • - Gilberto Santana Peñaloza, Rector of the Bachillerato Rafael Nuñez College, Jornada Mañana, was murdered at 6 a.m. at the door of his home on 1 August 1989.
   • - Iván Muñoz and Fidel Rojas, belonging to the Banana Workers' Trade Union of Urabá, were abducted and found dead on 1 August 1989.
   • - Abelardo Daza, Workers' Lawyer, was murdered when leaving his home in Bogotá on 2 August 1989.
   • - Gustavo de Jesús Mira Ramírez, 41 years of age, teacher working for the Secretary of Education in Antioquia and member of the Teachers' Association of Antioquia (ADIDA) was murdered in Medellín on 11 August 1989.
   • - Sebastián Mosquera, Treasurer of the Agricultural Workers' Trade Union of Urabá (SINTRAINAGRO), member of the CUT, was shot by unknown persons on 9 September 1989.
   • - Carlos Martinéz, a member of SINTRAINAGRO and of the Committee negotiating claims, was murdered by unknown persons on 9 September 1989.
   • - Eulises Gómez, member of SINTRAINAGRO and the negotiating Committee, was murdered by unknown persons on 9 September 1989.
3. 229. The ICFTU encloses the text of a communication dated 2 August 1989, signed by the Ministry of Labour and Social Security, the Director of the Administrative Department of Security (DAS), and the President and the Executive of the CUT, which mentions amongst other things that:
   • The Ministries of Government and Labour will send a circular requesting individual employers and the corresponding authorities to grant leave and transfers to trade union officials and staff who receive threats, on humanitarian grounds.
   • The National Government will study the matter and try and meet the requests for transfer from trade union officials of public bodies who have received death threats in various parts of the country.
   • In accordance with the Constitution and the legal standards in force, the Ministry of Labour and Social Security will pay special attention to the activities carried out when trade union leaders are assassinated.
4. 2. Allegations concerning arrests, searches and other acts of violence
5. 230. The complainant organisations allege the following occurrences:
   • - José Alberto Angel, Executive of the Trade Union of Workers of Sofasa (SINTRASOFASA) was fired on by two hired assassins, who wounded him in the head, when he was on the way to his parents' house. He is being kept in a hospital in the municipality of Envigado, Department of Antioquia, and his state of health is serious (29 April 1989).
   • - On 12 May 1989, José Gabriel Cáceres, President of the Trade Union of Colombian Gas Workers' Union (SINTRADINGASCOL), in the Department of Santander, was violently dragged from his home, after it had been searched, and taken to the army barracks where he was questioned, as he was accused of being a member of a subversive group.
   • - On 12 May 1989, the home of Ramiro León, President of the Bank Employees' Association of the Republic (ANEBRE), in the Department of Santander, was searched.
   • - At 7.30 p.m. on 27 June 1989, Luis Eduardo Galindo, Vice-President of the National Executive of the USO, was attacked by hired assassins when he was travelling from the refinery in Barrancabermeja to the trade union headquarters; fortunately he escaped unharmed by this criminal action.
   • - On 11 June 1989, a bomb exploded in the headquarters of FESTRA, in the town of Villarrica, Department of Meta, which half destroyed the trade union premises.
   • - On 31 July 1989, Gustavo Osorio, Vice-President, Angelino Garzón, Secretary-General, and other officials of the Workers' Central Organisation (CUT) were detained for three hours as a result of police action; they were then released thanks to immediate action taken by trade unions both at the national and international level. This occurred whilst the persons concerned were keeping vigil over the body of the official Henry Cuenca, who had been recently murdered.
   • - On 15 November 1989 at 5.30 a.m., a military patrol made up of scores of uniformed soldiers and a civilian, led by Lieutenant Juan Carlos Salazar Tobón (assigned to the 5th Brigade with its headquarters in the town of Bucaramanga), proceeded to search the headquarters of the Teachers' Trade Union of Santander (SES). The soldiers surrounded the trade union headquarters and, after presenting a search warrant from the Military Criminal Examining Magistrate No. 109, they searched the headquarters and arrested Guillermo Ramírez, member of the trade union and Executive of the Trade Union of Workers of Santander (USITRAS). At 8.15 a.m. on the same day, a second search was carried out at the SES headquarters, during which the soldiers confiscated the offset equipment used by the trade union to print its publications. This is the third time that the trade union headquarters has been subjected to police or army searches in one year. On 26 October 1988, the trade union headquarters was searched a few minutes after unknown persons had placed a bomb in front of the building. On 9 September 1989, a grenade exploded in a doorway of the building and five minutes later a police patrol tried to search the headquarters. Guillermo Ramírez's family are afraid about his situation because, until now, the authorities have denied his arrest. According to the family, his name does not appear on the lists registering entries to the 5th Brigade.
6. 3. Allegations concerning the failure to recognise the legal personality of a trade union
7. 231. The CGT and the CLAT allege that, on 16 May 1989, a group of workers connected with the Chamber of Commerce of Bogotá, acting in accordance with the standards in force, set up the trade union organisation named Trade Union of Workers of the Chamber of Commerce of Bogotá (SINTRACAMCOB), and that on 22 May 1989, they deposited documents with the Ministry of Labour with a view to obtaining the legal personality of this organisation. However, on 21 June 1989, the documents were returned by the Attorney of the Trade Union Regulations and Registration Section of the Ministry of Labour, with a list of observations, in which it was stated that all mention of the right to strike must be deleted in the Statutes "because it is considered that the body meets a need that is of general interest".

C. The Government's reply

1. 232. In its communication of 21 October 1989, the Government states that the wave of violence and criminality that has been sweeping the country during the past few years not only affects trade union leaders and members but also politicians of all tendencies or persuasions, magistrates and judges, members of the police force, priests, civic leaders, peasants and the country as a whole, as there are a number of complex and specific reasons for this violence - such as drug trafficking, left-wing and right-wing extremist movements, groups of common-law criminals and terrorists. All these factors have combined to make the situation complex and difficult to overcome. Various groups with conflicting interests are actively trying to prevent the Government's attempts to provide democracy with a sounder basis and to guarantee human rights for all Colombians. These groups involved in organised crime have resulted in the emergence of armed hired assassins, who in order to defend their interests, murder people, either individually or collectively, who oppose their illicit aims - whether public officials, private citizens or trade union leaders. Recently, it has been the criminal actions of these groups, who are being financed by drug trafficking cartels, which have done the most to undermine public law and order within the country.
2. 233. Faced with this violent situation, the Government points out that, as a sign of its unyielding determination to maintain law and order, it resorted to emergency legislation with the accompanying powers entrusted in it under the national Constitution, so as to introduce effective measures to re-establish public order. Decrees Nos. 813, 814 and 815 of 19 April 1989 set up a co-ordinating committee to fight against terrorism, created a Special Armed Corps (élite) made up of members of the National Police to grapple with terrorism and amended a number of standards in force on national defence to restrict the carrying of arms by individuals. These measures resulted first of all in the dismantling of a number of "hired assassins' schools" in the Magdalena Medio and the Llanos Orientales regions, the initial arrest of at least 100 members of "self-defence groups" and the confiscation of airplanes, vehicles, arms and a large quantity of narcotics. The main leaders of these armed groups or "death squads" were also successfully identified and, on 16 August 1989, units from the National Police arrested Alonso de Jesús Baquero Agudelo (alias Vladimir), accused of having been the brains behind the massacre which occurred in La Rochela, the municipal administration of Barrancabermeja (Santander), when 12 officials from the judiciary were murdered; he is also said to have taken part in the massacres in El Diamante, Honduras, la Negra, Punta Coquitos and la Mejor Esquina. Similarly, on 13 March 1989, police units arrested Oscar Moreno Rivera and Jesús Antonio Cárdenas in Barrancabermeja (Santander), both of whom are accused of having taken part in the massacre of La Rochela.
3. 234. The Administrative Department of Security (DAS) and other state security bodies have also obtained concrete results in dismantling the above-mentioned defence groups, above all those in the Magdalena Medio, which are responsible for the escalation of violence that has unleashed indiscriminate terrorism - and many representatives of Colombian trade unionism have been the victims of this terrorism. These groups were protected by sectors concerned that crimes should not come to light, amongst others the "Association of Peasants and Cattle Raisers of the Magdalena Medio (ACDEGAM)" and the "Movement for National Reorganisation (MORENA)", illegal associations that violate the democratic principles contained in the Constitution; however, these were uncovered by the authorities as a result of inquiries made by the security organisations. These inquiries also revealed that the former commander of the Puerto Boyacá Battalion (Boyacá) had participated in these activities. The competent authorities immediately took the necessary measures to relieve him of his duties and to instigate the respective proceedings. Similarly, a former town councillor of Puerto Boyacá, Diego Viáfara Salinas, was also arrested, and, as a result of his statements, those who had participated in the massacres at the La Honduras and La Negra estates in March 1988 and the Punta Coquitos estate in Urabá Antioqueño and La Mejor Esquina estate in Córdoba the following April were identified. The Administrative Department of Security (DAS) is carrying out investigations on the assumed link of staff in state security bodies with these events and to determine who carried out such actions in an isolated way and in violation of the standards of these institutions. The Director of DAS also related that the inquiries carried out by this Department revealed the involvement of foreign persons who, acting as mercenaries, provided instruction to paramilitary groups and conducted criminal actions in the country. The authorities and respective magistrates have been informed of these inquiries so that they might take the necessary measures.
4. 235. According to the report of the Director of DAS, that was submitted to the Congress of the Republic on 20 September 1989, members of this body were able to dismantle training camps and gatherings of hired assassins in Guicán (Boyacá), Puerto López (Meta), Santa Marta, Magdalena and Bogotá during the first four months of 1989; at the same time, self-defence groups in the Magdalena Medio, Llanos Orientales, Bajo Cauca and Alto Sinú were also dismantled. It further added that as from April 1989, more than 15 groups of hired assassins operating on instructions from "drug cartels" were dismantled in Medellín, Envigado, San Luis and Bello (Department of Antioquia); Puerto López, San Martín and Puerto Gaitán (Meta); Bogotá and Pacho (Cundinamarca); Valledupar (Cesar); Sincelejo (Sucre); Cali (Valle) and Cimitarra and Puerto Parra (Santander). Finally, the Director of the strongest state security body in the country informed the general public "... that there have been quite significant signs. The struggle is continuing. The Colombian authorities have taken action and are continuing to do so with expedience to come to grips with these centres of terrorism and to dismantle the gangs of organised criminals who, we repeat, have murdered many persons belonging to the Colombian trade unionist movement".
5. 236. The Government also states that given the situation of violence, it was considered necessary to set up a special jurisdiction to deal with these cases and the executive was granted extraordinary powers to carry out a full reform of the legal system. The Government has made great efforts to increase funds and during the next few weeks, there will be a considerable outlay to strengthen the human and financial sources of the judiciary. Public order judges were created, as well as a Tribunal under this same jurisdiction. Since 1979, this Government, given the need to adopt measures to protect the life, personal integrity and exercise of constitutional and political rights of Colombian citizens, has taken steps to strengthen the judiciary; it was for this reason that it issued Decree No. 1631 of 1987 (a copy is provided), with a view to establishing public order judges "... to examine conduct punishable under the Penal Code, when this is intended to persecute or intimidate persons throughout the national territory, on account of their beliefs or political opinions, whether partisans or not". Later, the Government introduced further measures aimed at strengthening Higher Judicial District Courts and public order magistrates to facilitate the judgement of those crimes that particularly undermine public law and order. For instance, it issued Decree No. 181 of 1988 which provided for the setting up of Public Order Courts within the Higher Judicial District Courts. Decree No. 474 of 16 March 1988 set up a special jurisdiction for the maintenance of law and order; this was supplemented by Decree No. 2490 of 30 November 1988 and Decrees Nos. 1047 and 3444 of 1989 (copies are also provided). Decree No. 1194 of 8 June 1989, supplements Legislative Decree No. 1080 of 1988 and deals with penalties for new types of criminal action; this is considered necessary in order to combat death squadrons, gangs of hired assassins, self-defence or private justice groups. In application of these standards, many investigations are being carried out concerning members of these groups who are operating outside the law. To date, mass murders are on the decline. Although this is not enough, these are positive steps by the Government in its action to come to grips with and overcome the impunity enjoyed by the authors of these reprehensible acts.
6. 237. The Government goes on to state that during the past few days, steps have been taken to appoint magistrates to assist regular judges at the Public Order Tribunal, as well as accountants for these judges. The Government will take this decision under a Decree of state of seige. In accordance with the above-mentioned Decree, each judge will be granted an assistant, as well as accountants that can participate in summary investigations, because this institution is overloaded trying to implement the special decrees issued to put an end to drug trafficking. Under Decree No. 1855 of 18 August 1989, the Security Fund of the Judiciary was set up (a copy is provided) with a view to financing the safety and protection of judges in the Republic in view of the persistent attacks on members of the judiciary by armed groups and organisations connected with drug trafficking. At present, various methods are being put into practice with this objective of protecting judges, such as special training for their bodyguards and the purchase of equipment for their physical protection. The Government is also taking steps to try and commit other countries to participate in this attempt to strengthen and protect magistrates.
7. 238. Referring to the allegations of acts of violence against trade unionists and trade union headquarters, the Government submits official statistical data. The wave of violence that has affected a large number of trade unionists has been concentrated in the areas of Urabá (Antioquia), Barrancabermeja and its vicinity (Santander) and the municipality of San Alberto (Cesar), because a number of the major recognised trade unions are found in these areas; these include the Agricultural Workers' Trade Union of Urabá (Antioquia), the Workers' Trade Union (USO) in Barrancabermeja (Santander) and the Trade Union of Workers in the Palm Industry (INDUPALMA) in San Alberto (Cesar). The breakdown of the number of victims amongst trade unionists in the areas mentioned above is from January 1987 onwards, as follows: in the Urabá area, 127 murders; in Barrancabermeja, 13 murders; in San Alberto, 12 murders.
8. 239. Furthermore, there have been 15 murders in the rest of the country, making a total of 167 murders of trade union officials and trade union members during the past three years. During the same period, there have been 10 attacks with dynamite perpetrated against trade union headquarters. Differences in statistics are due to criteria of assessment and analysis as to what are considered criminal offences and political violence resulting from extreme left-wing and right-wing terrorism; many murders of trade unionists have been criminal offences. It should, however, be pointed out that a high percentage of these cases (both murders and attacks) occurred during 1987; in 1988 figures dropped by approximately 30 per cent and during 1989, by 70 per cent. This indicates a considerable decline in the number of murders, a result of the measures adopted by the Government to protect the life and integrity of trade unionists. Once again, the Government reiterates that its attitude is directed not only to respect for but defence of the rights of workers. It has been and still is a basic priority for the Government to protect the life and integrity not only of trade unionists but of all individuals throughout the country.
9. 240. Concerning the strike of 27 October 1988, the Government states that the situation of law and order in Colombia is problematic and conditions since October 1988 have been particularly serious. The Government states that it was not opposed to a workers' strike in October 1988, conducted by workers to promote the interest of workers. The same trade unionists themselves claimed that the strike was a pretext to destabilise the country's democratic institutions. The measures that the Government was forced to take to guarantee the stability of the democratic institutions and to maintain public peace were taken in accordance with the provisions of the national Constitution, stipulating that exceptional measures may be taken in emergency situations or a state of seige. They were only taken to deal with attempts to undermine the country's democratic stability and, once the danger was over, the national Government lifted these measures. In view of the conditions of law and order prevailing and the serious terrorist acts that were being committed and planned, the Government felt that the only way to deal with the public emergency and preserve the higher values of a democratic society was to suspend temporarily a number of guarantees.
10. 241. The Government issued Decree No. 2200 of 1988, concerning the arrest of persons who had suppported the strike, and Decree No. 2201 of 1988, concerning the suspension of the legal personality of trade union organisations. The Decrees were submitted to the control of the Supreme Court of Justice which, having heard the favourable opinion of the Attorney-General of the Nation - an official who fulfils the role of the Swedish "ombudsman", the French "mediateur" or North American "General Attorney" in Colombia - found them in accordance with the national Constitution. The Government points out that decrees of this nature are in conformity with those provided for in the American Convention on Human Rights, the Covenant of San José of 22 November 1969, the International Covenant of Civil and Political Rights of the United Nations of 16 December 1966 and the International Covenant of Economic, Social and Cultural Rights of the United Nations.
11. 242. Acting within the extraordinary powers conferred upon it by the political Constitution, the Government temporarily suspended, on the basis of Decree No. 2201 of 1988, the legal personality of trade union organisations in sectors where there had been the greatest upheaval. A number of trade unions appealed through administrative channels, and the State Council provisionally suspended the penalties - not because the Government had overstepped its rights by applying them, but because they had been pronounced after the Government had voluntarily repealed the Decree upon which these measures were based. It is necessary to point out that once the internal unrest had quietened down, the Government repealed the Decrees it had taken to deal with the situation. This was a decision that clearly demonstrates the democratic structure of the Colombian Government. Exceptional measures were only taken to cope with attempts to undermine the democratic stability of the country. The events that occurred in Colombia in October 1988 had nothing to do with a workers' strike, but were an attempt of extreme left-wing movements to take advantage of various claims put forward by a number of trade union federations in order to carry out their plans to destabilise the country. The suspension of the legal personality of the last two trade union organisations affected by these measures was lifted in December 1989.
12. 243. As regards the persons dismissed for having taken part in the general strike, the Government reports that the National Institute of Cancer Research reinstated the persons dismissed; the San Juan de Dios hospital did not dismiss anyone; the Salt Mines Concession Company did not dismiss anyone; the Electricity Company of Cartagena did not dismiss anyone but issued warnings with suspensions depending upon the extent of participation in the strike; the Nestlé Company dismissed 15 persons, but reached a conciliated settlement. The Atlantic Coast Electricity Corporation (CORELCA) dismissed 29 persons but a number of these were reinstated; CONALVIDRIOS dismissed 27 persons; the "Central de Mezclas" Company dismissed 34 persons. The Ministry may not take administrative decisions in these specific and individual cases; however, as part of its political action of reconcilation with the working class, it is studying the follow-up to decisions relating to the illegality of this work stoppage. The dismissed persons are entitled to bring action through the usual labour law channels or can use the trade union immunity procedures.
13. 244. As concerns the persons who were detained at the time of the strike in October 1988 in accordance with the Decrees issued by the Government to re-establish public law and order, the Government notes that: Gonzalo Gómez, Orlando Mesa and Edilberto Ramírez (Fedetex Trade Union - Medellín) were released within the statutory time-limits; Ligia Cáceres (DANE Trade Union, member of FENALTRASE - Bogatá) was released on 30 November 1988 (the Office of the Attorney-General of the Nation is carrying out inquiries into complaints raised concerning her alleged arbitrary arrest; it has sent copies to the Supreme Court of Justice so that this body might investigate alleged irregularities of members of the army in detaining her); Bernardo Blanco (FENOSTRA Trade Union - Cúcuta) was released within the statutory time-limits; Josafat Tarazona (President of USITRAS - Bucaramanga) was released on 28 October 1988; César Carrillo (President, USO - Barrancabermeja) was released the same day on 27 October 1988; Eduardo Yandó (Ingenio Mayaguez Trade Union, regional CUT of Valle), and Guillermo Chitán were released within the statutory time-limits; and Ramón Sinisterra (Ingenio Azucarero Trade Union, regional CUT of Valle) was released within the statutory time-limits. The Government ends by stating that no member of a trade union organisation has been detained for activities connected to the exercise of his or her trade union rights and freedom of association.
14. 245. The Government points out that a number of trade union federations in Colombia did not take part in the national strike because, according to their own statements, it was political and not in the interest of workers themselves. On 31 October 1988, four days after the strike, Jorge Carrillo Rojas handed in his resignation as President of the Workers' Central Organisation (CUT), the association that called the strike, and accused extremists of having used the name of the CUT to forward its political purposes. He also acknowledged that during the strike on 27 October, rebellious groups stepped up their violent actions, clearly demonstrating that they were trying to take advantage of the work stoppage for their own purposes.
15. 246. The Government also refers to the strike's economic repercussions on the country, listing the blowing up of bridges, attacks on various villages throughout the country, the destruction of overhead cables, the blowing up of electric pylons, sabotage of thermoelectric stations, etc., with losses amounting to thousands of millions of pesos.
16. 247. In a separate enclosure, the Government indicates the stage reached in the investigations being carried out in Colombia to identify those responsible for the murders and alleged disappearances of persons listed in the two annexes to the Committee's 265th Report and to clarify when, where and how these events occurred. Aware of the difficulties in following-up inquiries into alleged violations of human rights and basic freedoms, the Government set up an Inter-Institutional Working Group (GTI) with a view to establishing institutional machinery able to keep more up to date with inquiries. The role of the GTI is to request information on the present stage of the investigations, accelerate those that have not been activated and prepare documentation to draft replies on the individual cases being considered. This Group is made up of: the Presidential Council for the Defence, Protection and Promotion of Human Rights; the Ministry for Foreign Affairs; the Ministry of Labour; the Office of the Attorney-General of the Nation with its delegates for human rights, the army, the police, the National Criminal Investigation Board and the Administrative Department of Security (DAS).
17. 248. As regards the allegations concerning the request for legal personality submitted by the Trade Union of Workers of the Chamber of Commerce of Bogotá, the Government states that article 18 of the national Constitution stipulates that: "The right to strike, except in the public services, is guaranteed. The law shall regulate its exercise"; but the law provides for cases when strikes are illegal in the public services (section 450 of the Labour Code). Section 430 of the Code forbids strikes in the public services and lists, amongst other activities, the following: "(a) services given in any branch of public authority; (b) services given in transport undertakings on land, sea, inland waterways, joint undertakings for the supply of water, the production of electrical energy and telecommunications; (c) services given in health establishments of any kind, such as hospitals and nursing homes; (d) services given in social assistance, charitable and welfare establishments, etc."; however, what is most significant is the definition that this same legislation gives to public service ("any organised activity that sets out to meet the needs of general interest on a regular and continuous basis; in accordance with a special legal system, whether it is carried out by the State directly or indirectly, or by private individuals"). The Government adds that the Chamber of Commerce, a body under private law, has public duties, one of which is to keep the business register - a duty carried out only by this institution. This is a service in the business sector which cannot therefore be paralysed because it would cause an upheaval in the country's trade; these circumstances were pointed out to the persons concerned by the Legal Office and the Trade Union Regulations and Registration Section. In the list of observations, mention was made of the role exercised by the Chamber of Commerce and respective notes were made on the provisions contrary to labour legislation or labour law. In these circumstances, it is not possible to grant the right to strike to the trade union in question as this would be an infringement of the legislation banning strikes in a service of public utility since the legislature, in including this limitation, set out to protect the rights of the community.
18. 249. In its communication of 22 January 1990, the Government states that the trade union official Ramírez Rivera was detained for seven days in the barracks of the 5th Military Brigade of Bucaramanga. He was later placed at the disposal of the Second Public Order Judge of this city; at present he is detained in yard No. 6 in the Bucaramanga District Prison. Ramírez Rivera is alive, he has received good treatment from the authorities to whom he is entrusted and is being detained whilst judicial investigations are being carried out by the competent magistrate into the allegations that he was involved in the traffic and manufacture of firearms exclusively reserved for the army. In other words, Ramírez Rivera is not missing on account of the aforementioned search of union premises, as claimed by a number of trade union organisations.

D. The Committee's conclusions

1. 250. Once again, the Committee expresses its very serious concern at the high number of murders and disappearances of trade union leaders and unionists (more than 300 since 1986). Nevertheless, the Committee notes with interest that the Government has taken action concerning two basic recommendations upon which the Committee insisted: the adoption of vigorous measures at the national level to dismantle the so-called paramilitary groups active throughout the country, and the adoption of the necessary measures to strengthen substantially the human and financial resources of the judiciary (see 265th Report, para. 491). In this respect, the Committee had noted, at its May 1989 meeting, the contents of Decrees Nos. 813, 814 and 815 of 19 April 1989 that establish a high-level commission mandated to evaluate and co-ordinate actions against the death squads and other groups of hired assassins and of "private justice", as well a Special Armed Corps comprised of 1,000 members of the National Police, to fight these groups; furthermore, under these Decrees the population's collaboration with the armed forces is restricted to non-aggressive activities, and civilians are prohibited from giving, carrying and using firearms exclusively reserved for the armed forces. The Committee also notes that in order to strengthen the judiciary (personnel, means and institutions), the Government has made a considerable financial outlay, created public order judges, a public order tribunal (Decree No. 1631 of 1987), and public order courts within the higher district traditional courts (Decree No. 181 of 1988); it has also established punishments for new types of crimes in order to come to grips with the self-defence or "private justice" groups (Legislative Decree No. 180 of 1988), has taken steps to appoint assistant magistrates and has set up a security fund in the judiciary (Decree No. 1855 of 18 August 1989) to finance the safety and protection of judges (bodyguards, equipment for their physical protection, etc.). Furthermore, the complainant organisations have submitted a joint communiqué from the CUT and the public authorities concerning the measures granted to protect trade union leaders who receive threats.
2. 251. The Committee also notes that the application of the above-mentioned methods resulted, in the second half of 1989, in a considerable drop in the number of murders and attacks - which may be seen when comparing these figures with the corresponding figures for previous years. According to the Government, there has been a 70 per cent reduction in these figures compared with 1987. In this respect, the Committee notes the dismantling of a number of paramilitary groups and "schools for hired assassins" and the arrest of 100 members of "self-defence groups". The Committee notes that the Government acknowledges that inquiries are under way on the alleged link of staff in state security bodies with a number of massacres.
3. 252. The Committee requests the Government to continue taking measures to eradicate totally the so-called paramilitary or self-defence groups and to strengthen the judiciary, and to keep it informed in this respect.
4. 253. As concerns the judicial inquiries into murders and disappearances, the Committee notes the vast amount of information provided by the Government (an extract of this information is contained in Annex I), from which it may be seen that judicial inquiries have been opened into the assassination and disappearance of 210 trade unionists. No observations from the Government have yet been submitted on the remaining 97 cases, most of which have been alleged recently. The Committee expresses its concern that judicial inquiries have only, on rare occasions, been able to identify those responsible for these murders and disappearances. The Committee requests the Government to send its observations on the allegations concerning the murders and disappearances in respect of whom no information has been received (Annex II) and to keep it informed of developments in the judicial inquiries undertaken on the other cases (Annex I). The Committee stresses how important it is that, in all cases concerning the murder and disappearance of trade unionists, the facts should be fully ascertained, responsibilities determined and those responsible punished.
5. 254. As regards the allegations pending concerning the repercussions of the general strike of October 1988, the Committee notes that the suspension of the legal personality of all trade union organisations has been lifted, that no trade unionist is being detained for having exercised his trade union rights, and that, in a number of cases, those dismissed have been reinstated or a settlement has been reached. The Committee notes, however, that the Government acknowledges that as a result of the general strike, 27 workers from the CONALVIDRIOS company, 34 from the "Central de Mezclas" company and a number of workers from the Atlantic Coast Electricity Corporation have not been reinstated. Taking into account that the complainants pointed out that the basic reason of the strike in question was to protest against the murder of a large number of trade union leaders and trade unionists, the Committee requests the Government once again to take steps to facilitate the reinstatement of these dismissed workers.
6. 255. As regards the allegations concerning acts of violence, detentions and searches that remained pending at the May 1989 meeting, and those subsequently submitted by the complainant organisations, the Committee notes that the Government merely stated that the trade union leader Ramírez Rivera is being detained and tried for the trafficking and manufacture of firearms, that it acknowledged that there had been ten bomb attacks against trade union headquarters and pointed out in a general way that in 1989 there had been a considerable decline in violence. The Committee urges the Government to reply in detail to each of these allegations, indicating in particular if judicial inquiries have been instigated.
7. 256. Finally, as regards the refusal of the authorities to allow a provision concerning strikes to be contained in the statutes of the Trade Union of Workers of the Chamber of Commerce of Bogotá, the Committee notes that according to the Government, the Labour Code bans strikes in "any organised activity that sets out to meet the needs of general interest on a regular and continuous basis", and that the Chamber of Commerce of Bogotá keeps the business register, considered to be of public utility. In this respect, the Committee draws the Government's attention to the fact that in accordance with its jurisprudence, the right to strike can only be restricted or prohibited in essential services in the strict sense of the term; i.e., those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The business register obviously fulfils a fundamental role in the economy of the country and the possibility of establishing a minimum service might be provided for in the case of a prolonged strike; however in no event should there be a total ban on strikes by workers in this area because it is not an essential service under the above criterion. Furthermore, the Committee notes that the Committee of Experts on the Application of Conventions and Recommendations, when examining the application of Convention No. 87 by Colombia at its March 1989 meeting, stressed that the prohibition of strikes in the legislation not only applied to essential services in the strict sense of the term, but also to a very wide range of public services which are not necessarily essential (see Report of the Committee of Experts on the Application of Conventions and Recommendations, ILC, 76th Session, Report III (Part 4A), 1989). As the Committee of Experts has already done, the Committee requests the Government to consider the in-depth reform of legislation on this matter. In the present case, the Committee requests the Government not to oppose the inclusion of clauses relating to strikes in the statutes of the Trade Union of Workers of the Chamber of Commerce of Bogotá and expresses the hope that this trade union will be able to obtain rapidly its legal personality.

The Committee's recommendations

1. 257. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) once again, the Committee expresses its deep concern at the large number of trade union leaders and unionists who have been murdered or who have disappeared (more than 300 since 1986). Nevertheless, the Committee notes with interest that the Government has followed up two basic recommendations upon which the Committee had insisted: the adoption of vigorous measures at the national level to dismantle the so-called paramilitary groups active throughout the country, and the adoption of necessary measures to strengthen substantially the human and financial resources of the judiciary. The Committee notes that the application of the above-mentioned measures has brought about a considerable decline in the number of murders and attacks. The Committee requests the Government to continue taking measures to eradicate totally the so-called paramilitary or self-defence groups, to strengthen the judiciary and to keep it informed in this respect;
   • (b) the Committee requests the Government to send its observations on the allegations of murders and disappearances (most of which are recent) to which it has not replied (Annex II) and of developments in the inquiries undertaken on the other cases (Annex I). The Committee stresses how important it is that, in all cases concerning the murder or disappearance of trade unionists, the facts should be fully ascertained, the responsibilities determined and those responsible punished;
   • (c) the Committee requests the Government to take measures with a view to arranging the reinstatement of workers dismissed for having participated in the general strike of October 1988;
   • (d) the Committee urges the Government to reply in detail to each of the allegations concerning the acts of violence, arrests and searches, particularly specifying whether judicial inquiries have been instigated; and
   • (e) as the Committee of Experts has already done, the Committee requests the Government to consider an in-depth reform of the legislation on strikes so that they may only be banned in essential services in the strict sense of the term (those whose interruption would endanger the life, personal safety or health of the whole or part of the population). In this respect, the Committee requests the Government not to oppose the inclusion of clauses relating to strikes in the statutes of the Trade Union of Workers of the Chamber of Commerce of Bogotá and expresses the hope that this trade union will be able to rapidly obtain its legal personality.

Z. ANNEX I

• Extract of information provided by the Government on the list of trade
• unionists who have been murdered or disappeared since 1986 (the Committee
• requests the Government to inform it of developments in the judicial inquiries
• under way)
  • (a) Murdered trade unionists
    1. 1 JOSE ELI PAEZ (1986). The Government has been informed that a trial has
  • opened.
    2. 2 FRANCISCO ANTONIO JIMENEZ (27.286). The trial is continuing.
    3. 3 VICTOR HERNANDEZ (26.386). Inquiries have been temporarily suspended.
    4. 4 WALTER ROLDAN (27.3.86). The trial is continuing. The perpetrators are
  • unknown.
    5. 5-6. JULIO CESAR SANTACRUZ and SIMEON RAMIREZ (4.86). The trial is continuing.
  • No person has been accused.
    7. 7-8. MARIO TABORDA and RUBEN PINEDA (4.86). The Government has been informed
  • that a trial has been opened.
    9. 9 AURELIO DE JESUS ORTIZ (13.4.86). Inquiries are continuing.
    10. 10 CARLOS JULIO ORTIZ (16.4.86). The Government has been informed that a
  • trial has been opened.
    11. 11 PEDRO LEON PINEDA (23.4.86). The trial is continuing.
    12. 12 GABRIEL HOLGUIN OLAVE (7.5.86). The trial is continuing. No person has
  • been accused.
    13. 13 SAUL VILLADA (28.6.86). The Government has been informed that a trial has
  • been opened.
    14. 14 BALDOMERO MOSQUERA (2.7.86). The Government has been informed that a trial
  • has been opened.
    15. 15-17. LUIS ENRIQUE ESPAÑA, LUIS FELIPE MURILLO, LUIS CARLOS TORRES (14.7.86).
  • Judicial inquiries are continuing. The perpetrators have not been identified.
    18. 18 OSCAR DARIO TORRES (7.9.86). Inquiries are continuing.
    19. 19 GUSTAVO MAYA CARVAJAL (20.9.86). The trial is continuing. The perpetrators
  • are unknown.
    20. 20 JOSE LILEALDO HERRERA CANO (21.9.86). The trial is continuing. The
  • perpetrators are unknown.
    21. 21 JOSE MARIA IMBETT ARRIETA (11.11.86). The trial is continuing to try and
  • establish those responsible for this murder.
    22. 22 MARIO CORNEY (11.11.86). Judicial inquiries are continuing.
    23. 23 INES ARRIETA (2.12.86). Judicial inquiries are continuing. The
  • perpetrators of this crime have not yet been identified.
    24. 24 JULIO CESAR URIBE (8.12.86). The trial is continuing.
    25. 25 TOBIAS TORRES (10.12.86). Inquiries are continuing.
    26. 26 PEDRO HERNANDEZ TORRES (1.87). The Government has been informed that a
  • trial has been opened.
    27. 27 JAIRO ANTONIO CHAMORRO ROMERO (13.1.87). The trial is continuing.
    28. 28 RICARDO EMILIO CORREA (281.87). Inquiries are continuing to try and
  • identify the perpetrators.
    29. 29 FREDI TAPIAS (16.2.87). The Government has been informed that a trial has
  • been opened.
    30. 30 RANULFO ENRIQUE SERRANO MORA and ADALBERTO GONZALEZ (16.11.87). The trial
  • is continuing.
    31. 31 OSCAR EXTREMOR (16.2.87). Judicial inquiries are continuing to try and
  • establish those responsible for this crime.
    32. 32 OVIDIO CARO PEÑATE (26.2.87). Judicial inquiries are continuing. The
  • perpetrators of this crime have not been identified.
    33. 33 OBDULIO PALACIO LEMOS (28.2.87). The trial is continuing
    34. 34 JOSE HERNAN USUGA (7.3.87). The trial is continuing.
    35. 35 JESUS ANTONIO MOLINA (9.3.87). The trial is continuing.
    36. 36-38. NEMESIO CORDOBA SALAS, PASCUAL ACOSTA PEREZ and GERARDO DIAZ CHAVERRA
    11. (113.87). Inquiries are continuing.
    39. 39 FIDEL ANTONIO PINO QUIROS (14.3.87). The trial is continuing. No one has
  • been accused of this crime.
    40. 40-41. ESTEBAN AGUALIMPIA PEREZ and FABIO DE JESUS LONDOÑO GARCIA (14.3.87).
  • Inquiries are continuing. The perpetrators of this crime have not been
• identified.
  42. 42 ALFONSO MIGUEL LOZANO (30.3.87). The trial is continuing.
  43. 43 SAMUEL VALDES RIOS (1.4.87). The trial is continuing. Someone has been
• charged.
  44. 44 MARIO ACORO CUERO (22.5.87). The Government has been informed that a trial
• has been opened.
  45. 45-46. ELADIO RENTERIA and GILDARDO MENA (3.6.87). The trial is continuing.
  47. 47-49. ESTEBAN FERNANDEZ, PEDRO EZEQUIEL GIL and JUAN ANTONIO LOPEZ DAVID
  13. (136.87). Judicial inquiries are continuing to try and establish those
• responsible for this crime.
  50. 50 BERNARDO GARCIA, JAIRO BLANDON and LUIS GUZMAN (7.87). The trial is
• continuing. A person has been charged.
  51. 51 DARIO GARRIDO RUIZ (3.7.87). Inquiries are continuing to try and determine
• those responsible for this crime.
  52. 52 FRANCISCO ANTONIO GALARCIO (16.7.87). Inquiries are continuing to try and
• determine those responsible for this crime.
  53. 53 EUCLIDES GARZON (16.7.87). The trial is continuing.
  54. 54 ADAN GONZALEZ (18.7.87). Judicial inquiries are continuing to try and
• determine those responsible for this crime.
  55. 55 ALBERTO COGUELLO (19.7.87). Judicial inquiries are continuing. Those
• responsible have not been identified.
  56. 56 HERNANDO DE JESUS SANGUINO YACOME (23.7.87). The trial is continuing. The
• perpetrators have not been identified.
  57. 57 CARLOS LOPEZ BEDOYA (3.8.87). Inquiries are continuing.
  58. 58 JESUS HERNANDO RESTREPO (5.8.87). The trial is continuing. The
• perpetrators are unknown.
  59. 59 IGNACIO BEDOYA (8.8.87). Inquiries are continuing.
  60. 60 PEDRO LUIS VALENCIA (14.8.87). The trial is continuing.
  61. 61 REYNALDO ALZATE CIFUENTES (18.8.87). The trial is continuing. The
• perpetrators are unknown.
  62. 62 LEONARDO BETANCUR (25.8.87). Judicial inquiries are continuing and the
• alleged involvement of state officials is being investigated.
  63. 63 ALEJANDRO JOSE GOMEZ RICARDO (25.8.87). The Government has been informed
• that a trial has been opened.
  64. 64 LUIS FELIPE VELEZ HERRERA (25.8.87). The trial is continuing.
  65. 65 HECTOR ABAD GOMEZ (25.8.87). Judicial inquiries are continuing and the
• alleged involvement of state officials is being investigated.
  66. 66 MAURICIO BERRIO (3.9.87). Judicial inquiries are continuing.
  67. 67 FULTON GARCES (6.9.87). Inquiries are continuing. Those responsible for
• this crime are unknown.
  68. 68 JOSE FIDEL MANJARRES (8.9.87). The trial is continuing. His murder is due
• to reasons of a personal nature that have nothing to do with his trade union
• status.
  69. 69 WILLIAN ALFONSO CADENA (9.9.87). The trial is continuing.
  70. 70 DORA FELISA TORRES (10.9.87). The trial is continuing. The perpetrators of
• this crime have not been identified.
  71. 71 APOLINAR HERNANDEZ DE LA ROSA (13.9.87). The Government has been informed
• that a trial has been opened.
  72. 72 GILBERTO CHAVERRA ROBLEDO (20.9.87). The Government has been informed that
• a trial has been opened.
  73. 73 EUCLIDES MONTES NEGRETE (24.9.87). The trial is continuing.
  74. 74 DOMITILA GUANAY DE SIGUA (27.9.87). The Government has been informed that
• a trial has been opened.
  75. 75 JOSE ALDEMAR GONZALEZ GALINDO (29.9.87). Inquiries are continuing.
  76. 76 ALBERTO ANGULO (29.9.87). Inquiries are continuing. Those responsible have
• not been identified.
  77. 77 JUAN PAULINO LOPEZ MENA (30.9.87). Inquiries are continuing.
  78. 78 PABLO EMILIO CORDOBA MADRIGAL (30.9.87). Judicial inquiries are
• continuing.
  79. 79 CARLOS ALFREDO VANEGAS OSSA (10.87). The trial is continuing.
  80. 80 JOSE ARISTIDES GIRON (1.10.87). Judicial inquiries are continuing.
  81. 81 RODRIGO GUZMAN MARTINEZ (16.10.87). Judicial inquiries are continuing.
  82. 82 JESUS CORDOBA QUINTERO (25.10.87). The Government has been informed that a
• trial has been opened.
  83. 83 ALONSO LOAIZA and GUSTAVO DE JESUS CALLEJAS (16.12.87). Inquiries are
• continuing to determine those responsible for this crime.
  84. 84 JOSE GABRIEL CUADROS (3.12.87). The trial is continuing.
  85. 85 ARGEMIRO COLORADO (4.12.87). Judicial inquiries are continuing.
  86. 86 MIGUEL DURAN SARMIENTO (7.12.87). The trial is continuing.
  87. 87 EFRAIN PEÑA REYES (13.12.87). The trial is continuing.
  88. 88 OVIDIO ASSIA (8.1.88). The trial is continuing.
  89. 89 MANUEL GUSTAVO CHACON SARMIENTO (15.1.88). The trial is continuing.
  90. 90 ARGEMIRO CORREA (15.1.88). Judicial investigations are under way.
  91. 91 AUGUSTO GUERRERO MARQUEZ (19.1.88). Inquiries are continuing to try and
• establish those responsible for this crime.
  92. 92 ARTURO SALAZAR (19.1.88). The Government has been informed that a trial
• has been opened.
  93. 93 DARIO GOMEZ (19.1.88). Inquiries are continuing. The perpetrators of this
• crime are unknown.
  94. 94 JESUS EMILIO MONSALVE (24.1.88). The trial is continuing.
  95. 95 JULIO ALBERTO MARTINEZ FAURA (31.1.88). The trial is continuing.
  96. 96 HUBERT ANIBAL CABEZAS CORTES (1.2.88). The trial is continuing.
  97. 97 BERNARDO ARBELAEZ (2.2.88). The trial is continuing.
  98. 98 JUAN DE JESUS GRISALES (3.2.88). Judicial inquiries are continuing.
  99. 99 VALENCIA VASCO CAMARGO (21.2.88). The trial is continuing.
  100. 100 CARLOS TELLEZ (22.2.88). The trial is continuing, to try and establish
• those responsible for this crime.
  101. 101 JAIRO SAJONERO GOMEZ (26.2.88). The trial is continuing.
  102. 102 BLANCA ISMELIA MORENO (4.3.88). The trial is continuing. Those
• responsible have not yet been identified.
  103. 103-123. OMAR OCHOA, IVAN DARIO MOLINA, GUILLERMO LEON VALENCIA, JOSE BLANCO,
• JULIA CARRILLO, MANUEL COGOLLO ESPITIA, ALIRIO ROJAS, NATANAEL ROJAS, JOSE
• PINEDA, GUIDO GONZALEZ MARTINEZ, BIENVENIDO GONZALEZ MARTINEZ, PEDRO GONZALEZ
• MARTINEZ, ENRIQUE GUISADO MARTINEZ, RITO MARTINEZ REYES, GILBERTO MENESES,
• JOAQUIN MENDOZA, JOSE MENA SANCHEZ, SANTIAGO ORTIZ, RODRIGO GUZMAN, MANUEL
• DURANGO and NESTOR MARINO GALVIS (4.3.88). Judicial inquiries are continuing.
• One of those responsible for this crime has been arrested.
  124. 124 ROGELINO RIOS (9.3.88). The trial is continuing.
  125. 125 ALFONSO KUJAVANTE (15.3.88). The trial is continuing.
  126. 126 JOSE ANTONIO BOHORQUEZ (16.3.88). Judicial inquiries are continuing.
  127. 127-151. JUAN SAEZ MARTINEZ, TOMAS BERRIO WILCHES, DONALDO BENITEZ BENITEZ,
• DIONISIO BENITEZ BENITEZ, LUIS SIERRA, FREDY MARTINEZ, TOMAS RIVERO AGUIRRE,
• JOSE GUEVARA, PEDRO PABLO MARQUEZ BENITEZ, CARLOS MARQUEZ BENITEZ, OSCAR
• SIERRA MERCADO, DOMINGO SALAS, CARMEN BARRAGAN, JAIME PATERNINA, IVAN ACEVEDO,
• RAMON NISPERUZA, ROGELIO MEJIA MEDRANO, MATENCIO SAENZ, SILVERIO SAENZ, SILVIO
• PEREZ PEREZ, SILVIO MELENDEZ, JUAN RUIZ, CLETO MARTINEZ and MARCOS MARTINEZ
  3. (34.88). The nine accused have been acquitted. The trial is continuing
  152. 152 ROBINSON GIRALDO (4.4.88). Judicial inquiries are continuing.
  153. 153 JOSE FRANCISCO POLO VILLALOBOS and HUMBERTO MARTINEZ GUALDRON (9.4.88).
• The Government has been informed that a trial has been opened.
  154. 154-174. JOSE DURANGO ZAPATA, MANUEL GONZALEZ TURIZO, LEONARDO PALACIO
• ROMAZA,CALIXTO ANTONIO GONZALEZ TURIZO, PABLO EMILIO MAZO MURILLO, ORLANDO
• BALLESTEROS MARTINEZ, LUCAS HERNANDEZ MADARRIAGA, MANUEL MARTINEZ, HERMINIO
• BALLESTEROS, NEVER LOPEZ, EDILBERTO AVILA, CALIXTO HERRERA, BERNARDO SEGURA,
• GILBERTO QUINTERO, TIRSO NOE GARAVITO, MARIO ANAYA, DOMINGO DELGADO, FRANCISCO
• YAÑEZ, HEISEN TORRES and MILCIADES HURTADO (11.4.88). Investigations are
• continuing and a person alleged to have committed the crime has been arrested.
  175. 175 OSWALDO TEHERAN (16.4.88). The trial is continuing. The perpetrators are
• unknown.
  176. 176 AUGUSTO MUÑOZ CASTRILLON (21.4.88). The trial is continuing. The
• perpetrators have not been identified.
  177. 177 GUILLERMO OCHOA (25.4.88). Inquiries are continuing.
  178. 178 HERNANDO COLON HERNANDEZ (27.4.88). The trial is continuing.
  179. 179 RAFAEL DUQUE PEREZ (27.4.88). The trial is continuing.
  180. 180 OVIDIO BERMUDEZ (2.5.88). Inquiries are continuing.
  181. 181 JUAN DIEGO ARANGO MORALES (5.5.88). Pre-trial proceedings are under way.
  182. 182 CAMILO RENTERIA (12.5.88). The Government has been informed that a trial
• has been opened.
  183. 183 HAMET CONSUEGRA LLORENTE (26.5.88). The trial is continuing to try and
• establish those responsible for this crime.
  184. 184 FRANCISCO TRIVINO (28.5.88). The Government has been informed that a
• trial has been opened.
  185. 185 LUIS GREGORIO TORRES MORA (29.5.88). The trial is continuing to try and
• establish those responsible for this crime.
  186. 186 CESAR GENARO SERPA, EDISON GARCIA, FELIX BOHORQUEZ (14.7.88). The trial
• is continuing.
  187. 187 GERARDO JEREZ QUIROGA (15.7.88). The trial is continuing. No-one has been
• accused.
  188. 188 LUIS ANTONIO MARTINEZ DUARTE and JUAN JOSE HERNANDEZ DUEÑAS (28.7.88).
• The trial is continuing.
  189. 189 ALIRIO ZARAZA MARTINEZ (29.7.88). The trial is continuing.
  190. 190 LEON CARDONA ISAZA (30.8.88). Judicial inquiries are under way to try and
• establish those responsible for this crime.
  191. 191 JOSE MANUEL HERRERA (4.9.88). The trial is continuing.
  192. 192 ALVARO FAJARDO (14.10.88). The trial is continuing. A person has been
• accused.
  193. 193 CARLOS CONDA (15.10.88). The trial is continuing.
  194. 194 OSCAR CHAQUER (26.10.88). The trial is continuing.
  195. 195 FERMIN MELENDEZ ACOSTA (31.12.88). The trial is continuing.
  196. 196 LUIS SIERRA (5.1.89). The trial is continuing.
  197. 197 ANTONIO MARTINEZ (5.1.89). The trial is continuing. Inquiries are being
• carried out to ascertain the alleged involvement of state officials.
  198. 198 JULIO ELIEGER AGUDELO (13.2.89). The trial is continuing. An
• investigation is being carried out to ascertain the alleged involvement of
• state officials.
  199. 199 LUIS EDUARDO YAYA (23.2.89). The trial is continuing.
  200. 200 JOSE MARIA CASTRO CASTILLA (20.3.89). The trial is continuing.
  201. 201 LUIS ALBERTO CARDONA (5.4.89). The trial is continuing. An arrest warrant
• has been issued.
  202. 202 EDISON PACHECO (6.4.89). The trial is continuing.
       • (b) Trade unionists who have disappeared
  1. 1 MARLENE MEDINA GOMEZ. The Government has been informed that a trial has
• been opened.
  2. 2 LUIS ALBERTO BUILES. Inquiries are continuing. The whereabouts of this
• person have not been ascertained, neither have the perpetrators of the
• kidnapping.
  3. 3 ALVARO USUGA. Inquiries are continuing. Neither the whereabouts of this
• person nor the perpetrators of the kidnapping are known.
  4. 4 ELVIA MARINA DIAZ. Judicial inquiries are continuing. The whereabouts of
• this person are unknown.
  5. 5 MARCIAL ALONSO GONZALEZ. The Government has been informed that a trial has
• opened.
  6. 6 CHRISTIAN ROA. The trial is continuing. No one has been accused.
  7. 7 LUCIO SERRANO LUNA. Inquiries are continuing to try and establish those
• responsible.
  8. 8 ISIDRO CABALLERO DELGADO. Inquiries are continuing.
• ANNEX II
• List of trade unionists whose murder or disappearance is alleged (most of them
• recently) and concerning whom the Government has not sent observations
  • (a) Murdered trade unionists
    1. 1 JOSUE EDUARDO FUENMAYOR (7.9.86).
    2. 2 HAROLD JIMENEZ (19.7.87).
    3. 3 MARCO TULIO VILLA (9.9.87).
    4. 4 GILDARDO GONZALEZ (3.1.88).
    5. 5 BENIGNO AGUALIMPIA IBARGUEN (22.3.88).
    6. 6 TOMAS BERRIO WILCHES (3.4.88).
    7. 7 JOSE OCTAVIO BUITRAGO IBAÑEZ (25.4.88).
    8. 8 JULIO C. GUTIERREZ (5.88).
    9. 9 MANUEL SALVADOR RAMIREZ (20.5.88).
    10. 10 HECTOR JULIO ORTIZ (8.6.88).
    11. 11-12. OSCAR RESTREPO and GUILLERMO DE JESUS OSORIO (26.6.88).
    13. 13 RICARDO RIOS SERRANO (26.8.88).
    14. 14 CARLOS JAIME RINCON (13.9.88).
    15. 15 ARSENIO OSORIO (23.9.88).
    16. 16 HARVEY MURIEL VELASCO (4.10.88).
    17. 17 ANIBAL DE JESUS ECHEVERRIA and MANUEL GUILLERMO QUIROZ (11.10.88).
    18. 18 ARGELIO NOVOA (13.10.88).
    19. 19 CESAR CASTRO (15.10.88).
    20. 20 ELECTO FLORES (15.10.88).
    21. 21 ALCARDO PATINO (16.10.88).
    22. 22-23. ALBERTO JOSE PALMERA and MANUEL PEÑATE (17.10.88).
    24. 24 HERMELINDA CASTRO (20.10.88).
    25. 25 FELIPE GALEANO (23.10.88).
    26. 26 RISARALDA VEREDA ARGENTINA (2610.88).
    27. 27 FRANCISCO RENTERIA (2710.88).
    28. 28-29. EMIRO TRUJILLO and LEONARDO LINDARTE CARVAJAL (31.10.88).
    30. 30 RAFAEL ATEHORTUA (8.11.88).
    31. 31 CLIRIO GRACIANO (9.11.88).
    32. 32 GABRIEL LOPEZ (13.11.88).
    33. 33 JOSE PEZOTE (22.11.88).
    34. 34 RUBEN DARIO MEJIA (1.12.88).
    35. 35 ANDRES MOZO (3.12.88).
    36. 36 ANTONIO VEGA HERNANDEZ (27.12.88).
    37. 37 MARIO ORTIZ (1.89).
    38. 38 FRANCISCO DE PAULA PEREZ CASTRILLON (1.1.89).
    39. 39 PEDRO SOLANO (1.1.89).
    40. 40 MAURICIO ROMERO, HUMBERTO RUIZ, GUSTAVO PEREZ and GERARDO UPEGUI (5.1.89).
    41. 41 GILDARDO CASTAÑO OROZCO (6.1.89).
    42. 42 MARIA ELVIRA DE ANGULO (9.1.89).
    43. 43 ALFONSO GARCIA CANO (12.1.89).
    44. 44 JORGE MARTINEZ (22.1.89).
    45. 45 LUIS FRANCISCO CHAPARRO (25.1.89).
    46. 46 JAIME GOMEZ LONDOÑO (28.1.89).
    47. 47 JOHNY JOSE VANEGAS (28.1.89).
    48. 48 FERMIN MELENDEZ (2.89).
    49. 49 FRANCISCO DUMAR (13.2.89).
    50. 50 ORLANDO ANIBAL MONROY VERGARA (19.2.1989).
    51. 51 JOSE VICENTE MUNAR OSORIO (27.2.89).
    52. 52 Sister TERESA RAMIREZ (28.2.89).
    53. 53 FORTUNATO RUIZ and SERGIO MESTRA (3.3.89).
    54. 54 JORGE LUIS GARCES (13.3.89).
    55. 55 SAUL REINA PEREA (20.3.89).
    56. 56-58. ALFREDO OVIEDO, ALBERTO JARAMILLO and HUMBERTO BUSTAMENTE (31.3.89).
    59. 59 JAIRO LEMOS MORENO (1.4.89).
    60. 60 HERNAN VARGAS CALDERON (3.4.89).
    61. 61 COBARCIO PALACIO, JOHN JAIRO MARTINEZ and RAFAEL PALACIO (4.4.89).
    62. 62 EDINSON PACHECO LOPEZ (6.4.89).
    63. 63 FERNANDO MESA CASTILLO (7.4.89).
    64. 64 DAVID ESPITIA BONILLA (14.4.89).
    65. 65 LUIS DANIEL VERA LOPEZ (23.4.89).
    66. 66 JOSE JOAQUIN VERGARA BOHORQUEZ (30.4.89).
    67. 67 LIBARDO RENGIFO (2.5.89).
    68. 68 JORGE OSORNO OSORNO (7.5.89).
    69. 69-71. BENJAMIN SOTELO, JOSE FRANCISCO MANTILLA OJEDA and JOSE SANTOS CAREPA
    9. (95.89).
    72. 72 TEODORO QUINTERO (11.5.89).
    73. 73 HERNAN CUELLO DAZA (19.5.89).
    74. 74 HUMBERTO JOSE BLANCO JULIAO (20.5.89).
    75. 75 MIGUEL ANTONIO RODRIGUEZ RUBIO (21.5.89).
    76. 76-77. ADOLFO PEREZ AROSEMENA and CARLOS ENRIQUE MORALES (21.5.89).
    78. 78 HUMBERTO BLANCO (22.5.89).
    79. 79 ANILIO MARTINEZ (24.5.89).
    80. 80 ISMAEL MONTES PEÑA (25.5.89).
    81. 81 EDILBERTO MARIN PATIÑO (28.5.89).
    82. 82 CESAR ARCADIO CERON (10.6.89).
    83. 83 GUILLERMO PASOS (8.7.89).
    84. 84 MARIA ELENA PEREZ (28.7.89).
    85. 85 OMAR LEON GOMEZ MARIN (30.7.89).
    86. 86 MANUEL JOSE ZAPATA CARMONA (30.7.89).
    87. 87 HENRY CUENCA VEGA (30.7.89).
    88. 88 GILBERTO SANTANA PEÑALOZA (1.8.89).
    89. 89-90. IVAN MUÑOZ and FIDEL ROJAS (1.8.89).
    91. 91 ABELARDO DAZA (2.8.89).
    92. 92 GUSTAVO DE JESUS MIRA RAMIREZ (11.8.89).
    93. 93 SEBASTIAN MOSQUERA (9.9.89).
    94. 94 CARLOS MARTINEZ (9.9.89).
    95. 95 EULISES GOMEZ (9.9.89).
  • (b) Trade unionist who has disappeared
    • - LUIS VILLADIEGO.