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24 juillet 2007

PBI Canada - Urgent Action Support Network Activation

Peace Brigades International – Canada

URGENT ACTION SUPPORT NETWORK ACTIVATION
PBI-COLOMBIA

July 20, 2007

Peace Brigades International (PBI) is activating our Urgent Response Support Networks over our deep concern for the security of members of a the San José de Apartadó Peace Community after the assassination of one of their leaders, DAIRO TORRES, last Friday, July 13, 2007 (3 days before PM Harper's visit to Colombia). Recent information from the Peace Community states that in the days following the killing of Dairo Torres, presumed paramilitaries continue to be observed on the road and in the surrounding area where the assassination occurred.

Peace Community members are in immediate danger. This murder represents a condemnable attack but also an increasing trend of systematic and selective assassinations of the Community’s leaders. 2 years ago, the Community suffered the massacre of 8 persons, one of which was Luis Eduardo Guerra, a well-known leader from the Community.


One year after the demobilization of paramilitary groups in Urabá, there is no security for the members of the Peace Community and perpetrators of violent crimes continue to enjoy full impunity.

We consider this case very serious for the following reasons:

- The victim was a leader of the Peace Community, who should have received protection according to the provisional measures of the Inter-American Court of Human Rights (IACHR),

- The incident happened on the same road as an incident in 2002, after which the IACHR explicitly requested the Colombian State to provide protection on that road,

- The assassination occurred in a road regularly controlled by the National Police, which has a checkpoint a few minutes from the scene of the crime,

- This latest crime perpetrated by presumed paramilitaries occurred 11 months after the paramilitary AUC´s demobilization in Urabá (the region where the Peace Community lives),

- The crime took place in a context of notorious impunity in more than 160 similar crimes against the Peace Community.

Considering these circumstances, we ask for your support with concrete actions, in order to:

1. Pressure the Colombian government to comply with the IACHR´s resolutions,

2. Demand an accounting of the facts, identification of those responsible, and an investigation of the Police’s role in the case,

3. Express your concern for the notorious impunity of the crimes committed against the Peace Community since its founding in 1997, and the continued repetition of these serious crimes,

4. Prevent more persecution of the Community and its leaders.

For your information, please find below, contact details for where to direct your letters of concern, templates for use in formulating your letters of concern to both Canadian and Colombian government representatives, background information on the assassination, and information on the Peace Community.

Finally, we would like to highlight a specific request that you do not make reference to PBI in any of your correspondence with Colombian or Canadian authorities. We also ask that you please inform us as to what actions you have taken and what response you receive in response to this activation.

Thank you for your attention to this urgent request. Please do not hesitate to contact me directly if you have any questions.

Most sincerely,
Christine Jones
Co-Director, PBI-Canada
cjones@pbicanada.org
Tel: 1-613-237-6968
Cell: 1-613-601-7755


Letters to be sent to the following contacts:

Please remember to NOT mention PBI in any of your correspondence.

PRIME MINISTER OF CANADA
Right Hon. Stephen Harper
Langevin Building
80 Wellington Street
Ottawa ON K1A 0A6
Fax: 1-613-941-6900
Email: pm@pm.gc.ca

Please send a copy of your letter to PM Harper to Minister McKay

Please also send a copy of the letter to your MP.


MINISTER OF FOREIGN AFFAIRS, CANADA
Hon. Peter McKay
House of Commons
Ottawa, Ontario
K1A 0A6
Fax: 1-613-992-2337
Email: MacKay.P@parl.gc.ca


CANADIAN AMBASSADOR TO COLOMBIA
Mr. Matthew Levin
Ambassador to Colombia
Carrera 7 #115-33 A.A.53531
Bogotá, Colombia
Fax: 57 1 657 9912
Email: Matthew.Levin@international.gc.ca


VICE PRESIDENT OF THE REPUBLIC OF COLOMBIA
Dr. Francisco Santos Calderón
Vice president
Palacio de Nariño
Carrera 8 # 7-26
BOGOTÁ, COLOMBIA
Fax: 57-1-444 2158
If someone answers, ask: “linea de fax, por favor”

ATTORNEY GENERAL’S OFFICE (Fiscalía General), COLOMBIA
Dr. Mario Germán Iguaran Arana
Attorney General
Diagonal 22B, 52-01,
Bloque F, Piso 4
BOGOTÁ, COLOMBIA
Fax: 57-1-570 2000 Ext. 2017


INSPECTOR GENERAL’S OFFICE (Procuraduría General), COLOMBIA
Dr. Edgardo José Maya Villazón
Inspector General
Carrera 5, No. 15-80, piso 11
BOGOTÁ, COLOMBIA
Fax: 57-1-342 9723


MINISTRY OF DEFENSE, COLOMBIA
Dr. Juan Manuel Santos Calderón
Minister
Av. Eldorado, Carrera 52,
Of. 217 CAN
BOGOTÁ, COLOMBIA
Fax: 57-1-266 0351

SAMPLE LETTER TO CANADIAN PRIME MINSTER

The Right Hon. Stephen Joseph Harper, P.C., M.P.
Prime Minister of Canada
Langevin Building
80 Wellington Street
Ottawa ON K1A 0A6

Date

Dear Prime Minister,

I am writing to inform you of my deep concern for the assassination of DAIRO TORRES, a leader of the Peace Community of San Jose de Apartadó, Colombia. This occurred on Friday 13th July 2007 on the road between Apartadó and San Jose de Apartadó (Urabá). The Community reports that on the previous day armed men identifying themselves as belonging to the illegal group “Black Eagles” stopped a public transport vehicle, announced that they were controlling the zone and made threats against the Peace Community. Recent information from the Peace Community states that in the days following the killing of Dairo Torres, presumed paramilitaries continue to be observed on the road and in the surrounding area.

In view of the circumstances, I consider the assassination of Dario Torres profoundly concerning. The incident occurred on a road controlled by the national police and where there is a checkpoint only minutes from the crime scene. Especially worrying is the information about repeated movements of armed men on this road, presumed paramilitaries, who continue to persecute the Peace Community. This has been an ongoing concern since the founding of the Peace Community ten years ago.

One year on from demobilisation, one would have hoped that there would be no actions by illegal actors against the civil population, especially in areas controlled by the public forces. This case once again demonstrates that the members of the Peace Community cannot rely on the protection that the Colombian state is obliged to guarantee, according to the provisional measures of protections granted to it by the Inter-American Court of Human Rights (IACHR).

I am also concerned about the evident impunity of more than 160 similar crimes against the Peace Community. Potential aggressors could interpret this as a signal that an attack against the Community will have no repercussions. This opens the door for these crimes to continue – as in this case.

In the light of these recent events, and given your recent statements about Canada’s commitment to support Colombia’s efforts to achieve domestic peace and security and protect human rights, I ask that you request the Colombian Government:

· Give guarantees that these acts of persecution against the Peace Community will cease, by implementing the resolutions of the IACHR on the provisional measures. These must be defined in consultation with the Community, fully respecting its principles of non-collaboration with armed actors in the internal conflict.

· Ensure that the facts of the case are quickly established; identifying those responsible and that there is an investigation into the role of the police in this specific case of the assassination of Dairo Torres.

· Take immediate measures to ensure and effectively stop impunity for the crimes committed against the Peace Community, impunity that opens the way for repetition of such crimes.

I will continue paying special attention to news about the Peace Community and human rights violations in Colombia; I will be paying equally close attention to whether the Canadian Government addresses, in a firm and meaningful way, the issues of systemic and current human rights violations with the Colombian Government. The assassination of Dairo Torres, just three days prior to your visit to Colombia, and the fact that a previous 160 cases of human rights violations against the Peace Community still remain in impunity, presents a compelling and timely reminder that human rights are still very tenuous in Colombia. Now is exactly the right time for you to show as much leadership over human rights as you do in your passion for trade and defending Canadian corporations.

I would ask you to please inform me as to what actions you would take in response to the above human rights issues. Thank you in anticipation of your attention to this situation.

Yours sincerely,


SAMPLE LETTER TO CANADIAN AMBASADOR TO COLOMBIA

Mr. Matthew Levin
Ambassador to Colombia
Carrera 7 #115-33 A.A.53531
Bogotá, Colombia

Date

Dear Ambassador Levin,

I am writing to inform you of my deep concern for the assassination of DAIRO TORRES, a leader of the Peace Community of San Jose de Apartadó, Colombia. This occurred on Friday 13th July 2007 on the road between Apartadó and San Jose de Apartadó (Urabá). The Community reports that on the previous day armed men identifying themselves as belonging to the illegal group “Black Eagles” stopped a public transport vehicle, announced that they were controlling the zone and made threats against the Peace Community. Recent information from the Peace Community states that in the days following the killing of Dairo Torres, presumed paramilitaries continue to be observed on the road and in the surrounding area.

In view of the circumstances, I consider the assassination of Dario Torres profoundly concerning. The incident occurred on a road controlled by the national police and where there is a checkpoint only minutes from the crime scene. Especially worrying is the information about repeated movements of armed men on this road, presumed paramilitaries, who continue to persecute the Peace Community. This has been an ongoing concern since the foundation of the Peace Community ten years ago.

One year on from demobilisation, one would have hoped that there would be no actions by illegal actors against the civil population, especially in areas controlled by the public forces. This case once again demonstrates that the members of the Peace Community cannot rely on the protection that the Colombian state is obliged to guarantee, according to the provisional measures of protections granted to it by the Inter-American Court of Human Rights (IACHR).

I am also concerned about the evident impunity of more than 160 similar crimes against the Peace Community. Potential aggressors could interpret this as a signal that an attack against the Community will have no repercussions. This opens the door for these crimes to continue – as in this case.

In the light of these recent events, and given Prime Minister Harper’s recent statements about Canada’s commitment to support Colombia’s efforts to achieve domestic peace and security and protect human rights, I ask that you:

· Urge the Colombian Government and Attorney General’s Office to ensure elucidation of the facts and circumstances of Dairo de Jesus Torres’ murder, as well as the 160 past murders of community members, that those responsible be identified and that there be an investigation into the role of the police in this specific case of the assassination of Dairo Torres.

· Dialogue with Colombian Government to ensure that Colombian authorities abide by the conditions found in the provisional measures issued by the OAS Inter-American Commission on Human Rights, which require that the state provide adequate protection for the community and that all measures taken are duly agreed beforehand with the Community.

I will continue paying special attention to news about the Peace Community and human rights violations in Colombia; I will be paying equally close attention to whether the Canadian Government addresses, in a firm and meaningful way, the issues of systemic and current human rights violations with the Colombian Government. The assassination of Dairo Torres and the fact that a previous 160 cases of human rights violations against the Peace Community still remain in impunity, presents a compelling and timely reminder that human rights are still very tenuous in Colombia.

Sincerely,


SAMPLE LETTER TO COLOMBIAN AUTHORITIES

Date

(Greeting),

I am writing to inform you of my deep concern for the assassination of DAIRO TORRES, leader of the humanitarian zone of Alto Bonito, part of the Peace Community of San Jose de Apartadó, which occurred on Friday 13th July, 2007, on the road between Apartadó and San Jose de Apartadó (Urabá). The Community reports that on the previous day armed men identifying themselves as belonging to the illegal group “Black Eagles” stopped a public transport vehicle, announced that they were controlling the zone and made threats against the Peace Community. Recent information from the Peace Community states that in the days following the killing of Dairo Torres, presumed paramilitaries continue to be observed on the road and in the surrounding area.

Taking account of the circumstances, I consider the assassination of Dario Torres profoundly concerning. The incident occurred on a road controlled by the national police and where there is a checkpoint only minutes from the crime scene. Especially worrying is the information about repeated movements of armed men on this road, presumed paramilitaries, who continue to persecute the Peace Community. This has been an ongoing concern since the foundation of the Peace Community ten years ago.

One year after the demobilisation, one would have hoped that there would be no actions by illegal actors against the civil population, especially in areas controlled by the public forces. This case demonstrates, once again, that the members of the Peace Community cannot rely on the protection that the Colombian state is obliged to guarantee, according to the provisional measures of protections granted to it by the Inter-American Court of Human Rights (IACHR).

I am also concerned about the evident impunity of more than 160 similar crimes against the Peace Community. Potential aggressors could interpret this as a message that an attack against the Community will have no repercussions. This opens the door for these crimes to continue – as in this case.

I therefore ask that the Colombian Government to implement the following actions:

· Give guarantees that these acts of persecution against the Peace Community will cease, by implementing the resolutions of the IACHR on the provisional measures. These must be defined in consultation with the Community, fully respecting its principles of non-collaboration with armed actors in the internal conflict,

· Ensure that the facts of the case are quickly established, identifying those responsible and that there is an investigation into the role of the police in this specific case of the assassination of Dairo Torres,

· Take immediate measures to ensure and effectively stop impunity for the crimes committed against the Peace Community, impunity that opens the way for repetition of such crimes.

I will continue paying special attention to the news about the Peace Community. I ask that you please inform me of advances in the investigation of the case.

Yours sincerely,

BACKGROUND INFORMATION

DAIRO de Jesús Torres SEPÚLVEDA, leader of the humanitarian zone Alto Bonito (located four hours from San Josecito, the main settlement), of the Peace Community, San José de Apartadó (SJA), was killed on the 13th July, at 12.15hs on the road between San Josecito and Apartadó, in a place called TIERRA AMARILLA. According to the Community, two presumed paramilitaries with small arms intercepted the public bus and forced Dairo out of the vehicle. Shortly afterwards Dairo’s body was found on the road. In this same place, the day before (12th July) at 5.35pm, a few minutes away from a police checkpoint known as Mangolo, – presumed armed paramilitaries also stopped the public bus identifying themselves as members of the illegal group “Black Eagles” according to reports by the Community. They warned that they were going to take control of the zone and that the “son-of-a-bitch community would pay dearly”. The Community also reports that on the 10th July members of the Police had made similar threats against residents of the Community.

Finally, it should also be noted that on the 9th July at around 9pm there was combat between the guerrilla and the armed forces in the small town of San José de Apartadó. According to a local news report one policeman was killed and one injured. It should be remembered that before the massacre of eight people in February 2005, the XVII Brigade that covers the zone lost 29 soldiers in combat in the Serranía del Abiba, the surrounding countryside.

The Community of San José de Apartadó (SJA) over ten years ago declared itself a Peace Community, a concept based on the fundamental principles of Humanitarian International Law that protects the civil population in situations of armed conflict, and in this way the Community resists involvement in the on-going war in Urabá Antioqueño. Since this declaration, the Community has suffered immense pressure from all the actors involved in the armed conflict. Each group pressures the Community to collaborate and interprets a refusal as collaboration with the enemy. The Peace Community has suffered more than 160 assassinations committed by all the actors of the armed conflict, the most recent of which are: the massacre of 8 people in February 2005, among them the leader Luis Eduardo Guerra; the murders of Arlen Salas David in November 2005 and Edilberto Vazquez Cardona in January 2006; and recently the assassination of the former coordinator Francisco Puerta in May 2007. In spite of recent (March 2007) preliminary investigations against soldiers of the Brigade XVII in relation to the massacre of 2005, no one has been brought to justice for these acts of violence suffered by the Community to this day. This situation of impunity leaves the door open for the repetition of similar acts of aggression.

The Organization of American States (OAS)’s Inter-American Court of Human Rights recognized the need for protection of the Peace Community. Since 2000 it is a beneficiary of the "provisional measures" that were later extended to cover all the members of the Community individually. These measures are provided for in article 63.2 of the American Convention on Human Rights for extremely serious and urgent cases, when necessary, to avoid irreparable damage. It should be noted that in its resolution of March 15, 2005 on the Peace Community the Court requires that “the Colombian State guarantees the necessary conditions of security on the route between San José de Apartado and Apartado, in the place known as Tierra Amarilla, and at the Transport Terminal in Apartadó", key places to control the movements of the Community and where in 2001/2 threats, harassments and murders occurred.

The demobilization, the result of negotiations in 2002 between President Álvaro Uribe Vélez’ government and various paramilitary blocks, finally took place in the Urabá Antioqueño region just one year ago when the block Élmer Cárdenas demobilized as one of the last blocks. Nevertheless, reports of the presence of armed men have continued, of death threats against the Community and even of murders. Various national and international agencies have confirmed that illegal structures continue to exist (see attached Focos de Interés).

In the European Union’s Council Conclusions of October 2005 it expressed its support for Uribe’s government in its negotiations with the paramilitary groups; nevertheless it shared the concerns of the Office of the United Nations High Commissioner for Human Rights (UNHCHR) about the demobilization process and its legal framework, the Justice and Peace Law, specifically, that it did not include sufficient measures to guarantee the rights of the victims to truth, justice and reparation in accordance with international standards, nor guaranteed the effective dismantling of paramilitary structures; that it did not provide the necessary conditions for thorough investigations or satisfactory resources for reparation. An evaluation and follow-up on the conclusions of the European Union, through the Council of Ministers’ Committee on Latin America (CoLat) is still needed.

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