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 Ivan Cepeda  Demand Release of Detained Colombian Activist (12/02/08)
 Audio File: National Colombian Radio interview with Andrew Hudson (Español - 9/12/08) Andrew Hudson re President Uribe on Noticias Uno (11/15/07) (Español)
Audio File: Radio Pacifica interview with HRF re President Bush's trip to Colombia (03/13/07)
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Date Issued: July 21, 2009
On July 22, 2009, two imprisoned indigenous rights activists will appeal their case before Colombian courts to have the baseless charges against them dropped. Arney Antonio Tapasco Reyes and Felix Antonio Hernandez Alcalde have long advocated for land and political rights for Colombia's indigenous communities, but they have been unjustly detained for almost eight months and convicted of baseless charges in a trial with serious procedural flaws. While both activists were provided with bodyguards by the Colombian national intelligence agency (DAS), Human Rights First has learned that the bodyguards used their position to collect intelligence about the activities of Tapasco and Hernandez in an attempt to falsely discredit them as collaborators with guerrilla forces. The intelligence was used in the trial of both defenders, who were charged with being guerrilla supporters, despite being inadmissible evidence under Colombian law. Take action now to support their appeal and demand that the Colombian Attorney General establish whether the law was broken in the gathering of evidence used against these defenders and, if so, prosecute those responsible. Background On July 22, 2009, two imprisoned indigenous rights activists will appeal their case before Colombian courts to have the baseless charges against them dropped. Arney Antonio Tapasco Reyes and Felix Antonio Hernandez Alcalde have worked as community organizers fighting for indigenous land and political rights in the reservation of Canamomo Lomaprieta since the 1990s. In 2002 the Inter-American Commission on Human Rights (IACHR) recognized their important and dangerous work, and recommended that the Colombian state provide these community leaders with protection. In response, both activists were provided with body guards from the Colombian national intelligence agency, known by its Spanish acronym DAS. Unfortunately, Human Rights First has learned that these body guards have illegally collected intelligence against Arney Tapasco and Felix Hernandez in an attempt to falsely discredit them as members of a supporter network for Farc's guerilla forces. After being detained since November 25, 2008, both men were convicted on June 23, 2009, on the basis of inconsistent and contradictory witness testimony, unreliable declarations made by demobilized guerrillas receiving benefits for such cooperation, and confidential intelligence reports prepared by the very escorts tasked with guarding both men. The Colombian Constitutional Court has clearly stated that government-provided body guards are not permitted to collect intelligence on the individuals they are assigned to protect. Furthermore under Colombian law any resulting intelligence reports cannot be used as evidence in criminal trials. While Arney Tapasco and Felix Hernandez have appealed their conviction due to the clear procedural flaws and lack of due process in their case, the outcome of this appeal is far from certain. The use of intelligence collected by their own protection detail in the trial of Arney Tapasco and Felix Hernandez is yet another example of the challenges faced by Colombian human rights defenders attempting to defend themselves from baseless criminal prosecution. In a recent report, Human Rights First documented the widespread use of uncorroborated intelligence reports to falsely prosecute Colombian defenders as terrorists. You can see a brief video about the problem here. Sample Letter: Dr. Mario German Iguaran Arana Dear Attorney General Iguaran: I write to express my grave concern over the use of intelligence collected by the Colombian national intelligence agency (Departamento Administrativo de Seguridad, or DAS) in the criminal trial of Arney Antonio Tapasco Reyes and Felix Antonio Hernandez Alcalde, case number 20070046901, in the department of Caldas. I fear that the actions of DAS and the prosecutor in Caldas are part of a larger pattern of activities intended to intimidate and silence Colombian human rights defenders. Arney Tapasco and Felix Hernandez are community leaders in the indigenous reservation of Canamomo Lomaprieta in the town of Embera Chami. Both began their work in community organizing as town aldermen. Since that time, Arney Tapasco has been the President of the Association of Indigenous Councils and the President of the Ingruma Indigenous Alliance Center and Felix Hernandez has held the position of Coordinator of the Indigenous Guard and member of the reservation's Human Rights Committee. Both have been active in defending and promoting the land and political rights of the indigenous community, but both work in an environment of constant risk and hostility. On March 15, 2002, the Inter-American Commission on Human Rights (IACHR) recognized them for their important work and authorized precautionary measures to provide security for the indigenous reservation and settlements of Embera Chami. However, both men have now been detained for eight months and were recently charged with rebellion in a criminal trial with significant procedural flaws. The members of DAS charged by the Colombian government with protecting Arney Tapasco and Felix Hernandez have purportedly supplied information for the criminal investigation against them. German Betancour, the DAS bodyguard assigned to protect Mr. Tapasco, allegedly monitored Mr. Tapasco's activities and meetings and forwarded such information to the DAS office in Manizales over email. Furthermore, in January 2008, German Alonso Bedoya, a DAS agent assigned to protect another indigenous organizer, asked Mr. Betancour in an email message to monitor Mr. Tapesco. I am concerned that these alleged activities show that government-provided bodyguards are being asked to engage in intelligence-gathering activities against the same indigenous leaders that they are charged with protecting. I urge you to open an investigation against the DAS bodyguards assigned to Arney Tapasco and Felix Hernandez to evaluate whether their activities breached the new intelligence law. In particular, article 4 of the Intelligence and Counter-Intelligence Law states that intelligence can never be collected for arbitrary reasons, including membership in a human rights organization. Furthermore, the Colombian Constitutional Court has ruled that the government can under no circumstance prepare "intelligence reports or any kind of confidential report which contains information about the private life of an individual receiving protection services and which does not pertain to the security situation and related protection plan...."[1] I also urge you to investigate whether DAS has complied with a ruling by the Colombian Constitutional Court ordering the officers of DAS to "instruct their agents in writing that protection activities are not intelligence-gathering opportunities, and that carrying out intelligence activities with respect to the actions of protected individuals is prohibited."[2] Furthermore, I am concerned that the case against Arney Tapasco and Felix Hernandez did not adhere to the requirements of the new penal code (law 906 of 2004) and the new intelligence law. According to the defense, the criminal record against Mr. Tapasco and Mr. Hernandez included a confidential report prepared by DAS. However, article 24 of the Intelligence and Counter-Intelligence Law states that "under no circumstances may intelligence reports have evidentiary value in judicial or administrative proceedings." Furthermore, the prosecutor allegedly did not provide Arney Tapasco and Felix Hernandez with notice of the charges against them or an opportunity to contest those charges, and the decision of the Fifth Criminal Circuit Court of Manizales, Caldas was based on unreliable declarations made by demobilized guerrillas and inconsistent and contradictory witness testimony. Evidence from witnesses receiving reintegration benefits must be treated with particular care as it comes from witnesses who are not impartial and who benefit by collaborating with the authorities. I urge you to investigate Armando Castrillon Grajales, the local prosecutor in Manizales, Caldas, to ascertain whether his actions in the investigation against Arney Tapasco and Felix Hernandez complied with the intelligence law and due process requirements. I urge you to act firmly to put an end to the pattern of DAS agents collecting intelligence about the very people they are charged with protecting and of prosecutors using such intelligence in criminal proceedings. I thank you for your attention in this urgent matter. I will continue to closely monitor this situation. Sincerely, cc. Armando Castrillon Grajales Magistrado Dr. Hector Salas Mejia [1] Ruling T-1037 de 2008, by Judge Jaime Cordoba Trivino, paragraph 31.
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Support Appeal against Unjust Detention of Colombian Indigenous Activists 
