COLOMBIA
CASE N° CO/146 - IVÁN CEPEDA CASTRO
CASE N° CO/147 - ALEXANDER LÓPEZ
CASE N° CO/148 - JORGE ENRIQUE ROBLEDO
CASE N° CO/149 - GUILLERMO ALFONSO JARAMILLO
CASE N° CO/150 - WILSON ÁRIAS CASTILLO |
Decision adopted unanimously by the IPU Governing Council at its 195th session
(Geneva, 16 October 2014)
The Governing Council of the Inter-Parliamentary Union,
Referring to the cases of Mr. Iván Cepeda Castro, Mr. Alexander López, Mr. Jorge Enrique Robledo, Mr. Wilson Árias Castillo and Mr. Guillermo Alfonso Jaramillo, all, with the exception of the last-named individual, current members of the Colombian Congress from the opposition party Polo Democrático Alternativo (Alternative Democratic Pole), and to the resolution it adopted at its 194th session (March 2014),
Recalling that up until 2013, the five individuals concerned had received several death threats,
Recalling that Mr. Cepeda has since 2013 received the following threats:
- In February 2013, an anonymous call was made regarding a plot hatched against Mr. Cepeda, claiming that two brothers, Pedro and Santiago Gallón Henao, had paid an armed group to go to Melgar municipality (Tolima) to prepare an attack on him in Bogotá;
- In July 2013, a human rights defender and member of the National Movement of Victims of State Crimes, MOVICE, Sucre branch, received a threat directed at various trade union and human rights leaders, including Mr. Cepeda, in which the latter is referred to as “the spokesperson and chief ambassador for terrorism in Colombia and a major terrorist”;
- On 5 August 2013, a threat was sent to Mr. Cepeda’s work email address by “LOS RASTROJOS - COMANDOS URBANOS”; the threat was identified as PUBLIC COMMUNIQUE No. 012 04 of August 2013 and sent from an email address identified as jrojasilva@gmail.com; it contained three points, the second of which identifies as “… military target and permanent enemies of the country a series of people referred to as trade union/guerrilla leaders, and ideologues clothed as lawyers, senators and representatives, the insurgents: … IVAN CEPEDA (emphasis added) …”;
- Mr. Cepeda was also mentioned as a military target by “the national urban commandos of the Rastrojos” in their PUBLIC COMMUNIQUE No. 18 of 10 September 2013 and PUBLIC COMMUNIQUE of 24 September 2013;
- On 4 February 2014, Mr. Cepeda and Mr. Alirio Uribe Muñoz, his running-mate for the Chamber of Deputies in the elections of 9 March 2014, were threatened by email by those who called themselves the AGUILAS NEGRAS BLOQUE CAPITAL D.C.; in their threat, they tell their two targets that their time has come, that this is the only warning and that they better withdraw from politics and save their lives,
Considering that on 31 July 2014, Mr. Cepeda received a letter from Mr. Hernan Alonso Villa, Jefe Militar de los Urabeños y el Bloque Metro de las Autodefensas Unidas de Colombia, announcing that he would be subject to a military trial and death if he did not go into exile within the next four months. The letter made particular reference to the problems faced by former President and current Senator Alvaro Uribe, thereby implicitly criticizing Mr. Cepeda’s work to investigate alleged links between Mr. Uribe and the paramilitary. On 1 August 2014, Mr. Cepeda informed the National Protection Unit, the national police and the Prosecutor’s Office respectively of the threat. According to the complainant, the National Protection Unit replied on the same day that it was the national police that was in charge of assessing risks faced by parliamentarians and adopting adequate protection measures,
Recalling that on 4 February 2014, the website semana.com (Colombia) published the results of its investigation into the “Andromeda” affair, involving unlawful eavesdropping to uncover the Government’s representatives in the peace process in Havana, including Mr. Cepeda; considering that in August 2014, the complainant provided information according to which a hacker by the name of Mr. Andrés Sepúlva, currently held in detention, reportedly spied on Mr. Cepeda on behalf of those close to Mr. Alvaro Uribe,
Recalling that the complainant, in his communication of 6 February 2014, stated that Mr. Cepeda has continued to ask the Prosecutor’s Office to guarantee the security and protection of the persons concerned; Mr. Cepeda has always informed the competent national authorities of any threats against them so that they could conduct the necessary investigations; however, in his communication of 6 February 2014, the complainant points out that only in 2013 was Mr. Cepeda approached about an investigation into a denunciation made in 2008,
Recalling that the acting Chief Prosecutor of Colombia stated in October 2010 that all threats against members of the Alternative Democratic Pole were being investigated with the utmost diligence, but that it was often very difficult to lay hands on those responsible since they were experts at covering up their identity and whereabouts; in its report of 12 January 2011, the Prosecutor’s Office affirmed that the threats issued by Águilas negras against Mr. Cepeda and by Los rastrojos - comandos urbanos against Senators López, Robledo and Jaramillo were all the subject of ongoing criminal investigations; recalling also that the current Chief Prosecutor stated to Senator Juan Pablo Letelier, then Committee Vice-President, during the latter’s visit to Colombia in March 2013 that his Office was doing everything possible to hold the culprits of threats against members of the opposition to account,
Recalling that in March 2013 the Procuraduría reportedly opened two disciplinary procedures against Mr. Cepeda; according to the complainant, the first one concerns Mr. Cepeda’s efforts to accompany the displaced victims of violence returning to their land in Las Pavas community; the other investigation is reportedly based on the investigations conducted by Mr. Cepeda into the denunciations for paramilitarism against Mr. Álvaro Uribe; according to the complainant, this disciplinary procedure is based on two supposed faults, the first for procedural fraud and the second for overstepping and usurping duties; in view of the above and, given the seriousness of the situation, a petition for a temporary injunction [solicitud de medida cautelar] has been filed with the Inter-American Commission on Human Rights, in order to stop the procedures that could end up curtailing Mr. Cepeda’s political life. At the same time, a suit has been filed charging the Colombian State with violating article 23 of the American Convention on Human Rights, in that it permitted an administrative authority to investigate authorities or public servants elected by the people and possibly to sanction them with removal from office. The suit also refers to articles 8, 16, 25 and others on political rights and due process,
- Is alarmed at the repeated death threats directed against Mr. Cepeda;
- Considers that the risks Mr. Cepeda has incurred as a long-standing critical voice in Colombia have to be taken extremely seriously and that the authorities should do everything possible to ensure that he will not suffer the same fate as his father;
- Is therefore deeply concerned at the absence of any information indicating that full-scale investigations are under way and results have been obtained to establish accountability;
- Reaffirms its belief that it is the duty of the Colombian authorities to do everything possible to ensure that the threats against Mr. Cepeda and the other members of the Alternative Democratic Pole do not go unpunished and urges themtherefore to take effective steps towards identifying and holding to account the culprits; wishes to know what recent steps the Prosecutor General’s Office has taken in this regard;
- Calls on the competent authorities to ensure without delay that an effective security detail is in place for Mr. Cepeda and his legislative team; wishes to receive official information on this point; is eager to know whether the other members of Congress remain at risk and, if so, what security arrangements have been made for them;
- Considers that the protection of the physical integrity and the ability of members of the opposition to carry out their work without fear of reprisals should be of direct concern to the Colombian Congress; calls therefore on the Colombian Congress to use fully its constitutional powers to address the concerns that have arisen in this case;
- Is eager to understand the legal grounds and facts underpinning the two disciplinary investigations initiated against Mr. Cepeda; would appreciate therefore receiving the observations of the Procuraduría on this matter; wishes to be kept informed of the ongoing legal challenges in the investigations brought before the Inter-American Commission on Human Rights and the Colombian courts;
- Considers that a follow-up visit to Colombia by a Committee delegation would help to promote further progress in addressing the issues which have arisen in this case; requests the Secretary General therefore to make the necessary arrangements for this purpose;
- Requests the Secretary General to convey this decision to the relevant authorities, the complainant and any third party likely to be in a position to supply relevant information;
- Requests the Committee to continue examining this case and to report back to it in due course.
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