Demand End to Baseless Prosecutions of Colombian Activists

Date Issued: October 15, 2008

Our previous alerts have concerned the persistent problem of false charges against human rights defenders. Last week a taped telephone conversation revealed a jailed retired general and a former Minister of Justice plotting to lodge baseless criminal complaints against a priest, Javier Giraldo, and the human rights organization he helped establish.

Retired General Rito Alejo Del Río faces charges in connection with a paramilitary campaign of massacres, torture, and forced displacement.

For many years, Fr. Giraldo and the Inter-Church Justice and Peace Commission have condemned human rights violations allegedly committed by the ex-general. They are now a party in the criminal proceedings against him, which may explain why he wants to discredit and intimidate them.

Call on the Colombian Attorney-General to:

• Continue the criminal investigation and prosecution of General Del Río and guarantee the Justice and Peace Commission's role in those proceedings;
• Implement systematic measures to prevent abuse of the judicial system to harass and intimidate human rights defenders.
  

Background

For many years Father Giraldo and the Justice and Peace Commission have condemned human rights violations allegedly committed by retired General Rito Alejo Del Río as commander of the Army's 17th Brigade in Uraba, Antioquia from 1995 to 1997. Del Río is currently incarcerated, charged with complicity in the paramilitary murder of campesino leader Marino López on February 27, 1997.  The Justice and Peace Commission is parte civil or third party to the criminal proceedings against Del Rio for the murder of López.

Lopez's killing took place in the context of Operation Genesis, which Del Río was responsible for and which allegedly resulted in the disappearance, torture, and displacement of large numbers of people from Uraba. During Del Río's tenure as commander of the 17th Brigade, the paramilitaries apparently grew in strength in Urabá, carrying out horrific atrocities against civilians. In López's case, for example, after murdering him and severing his body parts, paramilitaries played a soccer match using his severed head as a ball and forced terrified civilians to watch. Recent testimonies from paramilitary leaders have confirmed what local communities and witnesses have alleged for many years, namely that Del Río played a leading role in the paramilitaries' campaign of massacres, torture, and forced displacement.

In the taped conversation Del Rio and former Justice and Interior Minister Fernando Londoño Hoyo discuss how to discredit the Justice and Peace Commission. Hoyo conjectures that by instructing others to publicly denounce the Commission, "it will allow us to criminally condemn the priest" ("nos dara pie para denunciar penalmente al cura") Del Rio responds "yes, of course, of course". Fr. Giraldo is a high profile priest closely associated with the Justice and Peace Commission.

More information about human rights violations during Del Río's time as Commander

More information about recent threats and attacks against the Justice and Peace Commission

Listen to taped telephone conversation (Spanish only)

Sample Letter:

Dr. Mario Hernan Iguaran Arana
Fiscal General de la Nacion
Diagonal 22-B #52-01
Bogota, Colombia.

Dear Attorney General:

I am writing to express my concern about the reported recent phone conversation between retired General Rito Alejo Del Río and former Justice and Interior Minister Fernando Londoño Hoyos in which they apparently plan to lodge false criminal complaints against the Inter-Church Justice and Peace Commission and one of its founders, Father Javier Giraldo.

The Justice and Peace Commission is an internationally renowned human rights organization that peacefully protects and upholds the rights of marginalized communities such as Afro-Colombians and indigenous people. For many years Fr. Giraldo and the Justice and Peace Commission have condemned human rights violations allegedly committed by General Del Río as commander of the Army's 17th Brigade in Uraba, Antioquia from 1995 to 1997. As you know Del Río is currently incarcerated, charged with complicity in the paramilitary murder of campesino leader Marino López on February 27, 1997. The Justice and Peace Commission represents López in these criminal proceedings.

In the taped conversation Del Rio and Hoyo discuss how to discredit the Justice and Peace Commission. Hoyo conjectures that by instructing others to publicly denounce the Commission, "it will allow us to criminally condemn the priest" ("nos dara pie para denunciar penalmente al cura") Del Rio responds "yes, of course, of course."

The phone conversation reveals that Del Río and others are attempting to intimidate and discredit activists who seek to expose human rights violations. It also demonstrates the widespread nature of the practice of lodging false criminal complaints against human rights defenders in order to deter them from exposing human rights violations.

I urge you to continue with the criminal investigation and prosecution of Del Río and to act upon information provided by the Justice and Peace Commission as parte civil to those proceedings. I reiterate the recommendations contained in Human Rights First's 2007 report and urge you to adopt systematic measures to prevent abuse of the judicial system, including the specious criminal prosecutions of human rights defenders. These measures should include sending a resolution to all judicial and prosecutorial institutions reemphasizing the Colombian and international law standards that bar politically motivated criminal proceedings. Such a resolution could also instruct prosecutors that you will pay special attention to the problem of false criminal investigations of human rights defenders.

Such measures would protect human rights defenders like Fr. Giraldo and the Justice and Peace Commission and deter people such as General Del Río from attempting to abuse the judicial system.

Thank you for your attention in this urgent matter. I will continue to closely monitor this situation.

cc.

Dr. Carlos Franco
Presidente del Programa de Derechos Humanos
Calle 7 No 6 - 54
Bogota, Colombia