Human Rights Columbian style
I recently spent a week Colombia. A
fascinating county, but one that has a deplorable record on human
rights. I was one of a delegation of 42 lawyers from the UK joining
lawyers from North America, Europe and Latin America. The UK
delegation was made up of members of the Law Society, the Bar and
ILEX. The invitation came from ACADEUM, the Association of
Colombian Human Rights Defenders.
The objective of the visit was to listen, question and gather
evidence of the difficulties and hardships that human rights
lawyers were experiencing in carrying out their duties in Colombia.
The group aimed to identify the reasons why little apparent effort
is being made to protect the human rights lawyers and why the rule
of law appeared to be ignored. The group met with ministers,
prosecuting officers, Government officials, Human Rights Protectors
and Judges to get answers. A difficult task, but one which had to
be carried out. From my own personal experience, to some degree the
groups’ objectives were met even though I did not necessarily like
what I heard.
As well as meetings in the capital, Bogotá, I spent two days in
Barranquilla, a region to the north east of Columbia on the
Caribbean Coast with eight other lawyers including representatives
of the Paris and Madrid Bars. Before we left we were informed that
the average murder rate in this area was one person every four
hours, twice the national average! If this was not enough, just
before we were due to leave we found out that one of the lawyers we
had hoped to meet, had been gunned down. It brought it home to us
the dangers of being a human rights lawyer in Columbia.
We were also told that this was the region where many of the
paramilitaries had been relocated to. The reports which we received
in relation to the abuses to lawyers and their clients were
primarily caused by the paramilitary groups.
So it was with some intrepidation that our group left to fly to
Barranquilla. We were met in Barranquilla by representatives of the
region and Human Rights lawyers and students. Some were assisted by
union leaders who are also considered targets by the Paramilitary
groups. We met victims of the forced expulsions from land to make
way for palm oil production and other industries and the families
of people assassinated by the paramilitaries.
The lawyers we met told us first hand how difficult their jobs
are. They are constantly threatened with messages left on the
telephone, letters warning them of possible danger to themselves. A
letter shown to us had been left by a group calling themselves the
Black Eagles, called for the silencing of a number of lawyers and
some students. These students at the time were merely getting work
experience and then found themselves on what was effectively a hit
list. Intimidation ranged from direct and indirect actions. There
would also be early morning phone calls and threats against other
members of their family (including their children).
Victims told us that members of their family had vanished yet no
one had been brought to account for the disappearance. In some
instances, bodies have not been recovered. The reason was often
nothing more than simply refusing to leave their homes and land.
These crimes generally go unpunished.
We were also told where a paramilitary is charged they can opt
to be tried under the Justice and Peace scheme which carries a
maximum sentence of eight years, whereas murder ordinarily attracts
a sentence of 45 years imprisonment.
By the time the crime is investigated, and if the person is
brought to trial, only a minimal time will be spent incarcerated by
the perpetrator of the crime. The trial can take years to bring
court and that time will be taken into account in the sentencing.
It means that often there is no punishment and worse, both the
lawyer and victims’ families are exposed to further criminal
activity as a result.
Because of this, in Barranquilla alone, the small number of
human rights lawyers has recently been reduced by 14. Many lawyers
are not prepared to put up with the threats and risks of being
murdered. Often they will leave the country to protect their and
their families’ lives.
As well as lawyers and victims, we met the Regional Director of
Prosecutions. A list of 13 open cases, where it was alleged that
nothing was being done to prosecute the accused, was handed to her.
We were able to establish that no action was pending on any of them
primarily due to lack of evidence. We were assured the remaining
ones would be reported on once the files had been retrieved. It was
clear that available resources were minimal and this was the reason
for the lack of investigation. Another problem cited was the lack
of forensic experts to assist in investigations.
We also met with the head of the Special Human Rights
Prosecution Team. This department was set up at the insistence of
the International Labour Organisation to investigate the deaths of
Trade Unionists. Since its inception only eight cases have gone
through the legal process. This team consists of 22 Prosecutors who
are assisted by three police and three investigators. This is not
just for the Barranquilla region, but for the whole country! Often
alleged crimes cannot be investigated properly due to lack of
manpower and resources. One of the problems the department have is
gaining access to certain areas of Colombia and access to witnesses
who are willing to testify. Often the witnesses are away in the
countryside and absolutely miles away from the investigation team.
It can take days to take a statement because of travel problems and
risks to personal safety.
To successfully bring an action, you have to establish that it
happened as a matter of fact and you have the actual name of the
person who committed the crime. Without this the investigation will
not commence, irrespective if you had a description of the person.
This department was set up for a two year fixed period only. The
department believes in December it will be rolled over for another
year. If it is not, then many crimes will go unpunished.
Lawyers in Columbia need international help and support. Whilst
their dedication is unquestionable, their numbers are low, leaving
widespread injustice and likely increases in abuse to their and
their clients’ human rights. Not long after we arrived back in the
UK we heard that the Court House in Cali had been blown up and a
number of people killed in the bombing.
Many of you will be practising in the same areas of law as they
do – but with one fundamental difference – you do so without the
risk of persecution, threat or harassment, thus ensuring people
have a fair trial.
I am also pleased to say that the Institute was also represented
by another Legal Executive, David Mole of Thompsons Solicitors,
Mark Bishop
ILEX President