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Newsletter 15
DAS: Operation Europe
Although Colombia’s intelligence services have played an active role in the repression of civil society movements and human rights organisations for several decades now, the creation of the G-3 special group by the DAS (Administrative Department of Security) in 2004 marked a new departure. From this date onwards, a systematic policy of phone-tapping, harassment and intimidation began, with its main victims being human rights defenders, Supreme and Constitutional Court judges, journalists and members of the opposition. Because they were critical of government policies, all of them were treated like dangerous criminals and as a threat to state interests, and thus the subject of relentless persecution. All the departments of the DAS were mobilised, with a vast amount of human and financial resources, to implement and cover up the criminal objectives of G-3. Since its creation under the management of Jorge Noguera, the activities of this special group had continued under the three subsequent directors of the DAS (1), all of them now implicated in the legal proceedings currently being conducted by the Fiscalía (State Prosecution Service). According to recent statements made by DAS officials to the Fiscalía, Felipe Muñoz, the current director, has also been involved in covering up some of the information and concealing files in the buildings of the Colombian intelligence service. Although the Fiscalía has in its possession a significant number of the files on the DAS’ illegal activities, it is important to remember that, in the days and hours preceding the inspection it conducted, many of the physical and computer files were destroyed or hidden. Security cameras recorded these unusual movements.
The key task for the Colombian justice system now is to identify the main people responsible – those who ordered or benefited from the DAS’ activities. The government has refused to accept any political responsibility for the scandal. Despite the fact that the DAS is under the President’s direct control, there have not been any public words of condemnation nor apology. The government and President Uribe continue to deny any involvement in the scandal, despite the fact that three officials from the Palace of Nariño (the presidential palace) are now being investigated for these crimes, and every day more evidence is emerging, in the form of both testimony and documents, which indicates that the President himself knew about G-3’s work and directly received some of the information gathered by this group.
However, the scandal over the DAS’ operations now extends beyond Colombia’s borders, affecting intergovernmental organisations like the Organisation of American States and the United Nations. The DAS’ ‘Operation Europe’, recently exposed by the press, reveals that the ‘European judicial system’, ‘the European Parliament’s Human Rights Committee’, ‘the Office of the High Commissioner for Human Rights’ and European governments were the targets of a campaign of ‘smearing’, ‘neutralisation’ and ‘judicial warfare’ (2) carried out by the DAS. This information supports other revelations that there have many acts against European organisations and citizens, not only on Colombian soil but on European territory itself: the taking of photographs, surveillance, infiltration in civil society events, etc. Smear campaigns against European NGOs because of their work defending human rights in Colombia have been coordinated and supported by the DAS. Among the orders found by the Fiscalía was one to impede efforts by a Belgian NGO, a member of OIDHACO, to gain an EU grant.
Nobody believes that such a strategy could be carried out independently of the Colombian government. This must give pause for thought when considering the Colombian government’s ‘transparent’ attitude towards civil society, one of ‘dialogue’: while it was expressing publicly (including to the international community) its openness to dialogue, and proclaiming that it was providing ‘all possible guarantees’ to human rights defenders, it was developing plans to systematically smear, intimidate, and threaten them – in short, to impede the work of these very people who in good faith were sitting down to talks with it.
The EU has not made any public statements on the DAS’ practices. There is an urgent need for a public declaration unambiguously condemning these operations, in support of human rights defenders and democracy in Colombia. In addition, the EU should make a robust statement on the activities of the DAS against its institutions, as the UN did last year when it found out that its officials and rapporteurs had been the victims of surveillance and phone-tapping. Operation Europe, and the instructions to intervene in the process of allocating European Commission grants, both of which having been made known to the EU, must be strongly condemned by the European authorities. It is also important to investigate the DAS’ activities on European soil to identify those responsible, whether Colombian or European, and to establish whether they have received any support from the secret services of European countries.
European citizens, as well as the Colombian people, need to know the truth about this serious episode, and receive guarantees that these practices will not continue.
[1] Andrés Peñate, Maria del Pilar Hurtado, Joaquín Polo Montalvo
[2] Quotes from a DAS document disclosed by the Colombian radio station RCN.
Agreement for the protection of investments rejected by the Flemish Government
The agreement was signed between Colombia, Belgium and Luxembourg in February 2009, with the aim of promoting and protecting investments in the three countries. There had been a lot of opposition by various sectors of the country because of the human rights situation in Colombia. Furthermore, a clause on labour rights is omitted from the text. The Flemish Government is the first to reject the agreement.
Report published by the Special Rapporteur on the Situation of Human Rights Defenders
Margaret Sekaggya, the Special Rapporteur on the Situation of Human Rights Defenders recently published her report with her analysis of the situation in Colombia. She visited the country between 7 and 18 September 2009. In her report, she highlights, among other things, the situation of insecurity in which human rights defenders are currently working.
Visit by the Independent Expert on Minority Issues
During her visit to Colombia from 1 to 12 February, Gay McDougall, the Independent Expert on Minority Issues, met with the President and senior government officials, as well as with representatives and members of the Afro-Colombian community, the most affected in the country by extreme poverty, lack of access to health and education, and victimisation by the various armed groups. Furthermore, since colonisation, the Afro-Colombian population has been invisible as a group and lacks the necessary political representation.
Special Rapporteur for Freedom of Expression of the Inter- American Commission on Human Rights (IACHR) and the French Government condemn the murder of journalist Clodomiro Castillo
He also demands that the crime is investigated and the perpetrators brought to justice. France will continue defending press freedom throughout the world.
French Government´s press release
IACHR´s Press release
The UN presents its Human Rights Report which states that criminal gangs are operating under the command of former middle-ranking paramilitaries
In its annual report for 2009, the United Nations High Commissioner for Human Rights notes that these groups have formed alliances with the FARC and ELN for drugs trafficking and that they receive the support of members of the security forces in the form of ‘collusion, tolerance and acquiescence’. The Government has responded that it is aware of the problem and of the challenges for Colombian institutions.
In the European Parliament MEPs condemn ‘Operation Europe’ by the DAS, the Colombian secret service, and demand that the scandal is investigated and agreements with the EU suspended
It is imperative to clarify ‘in what way the DAS acted against non-governmental organisations and policies to influence and discredit decisions by the European Parliament’s Human Rights Committee ‘, stated Heidi Hautala, President of the Human Rights Committee. Barbara Lochbihler, one of its members, added that the European Union must not sign the Free Trade Agreement, ‘without a full investigation into this scandal’. In the plenary debate on EU strategies for relations with Latin America in the European Parliament, the Spanish MEP, Raul Romeva i Rueda asked the EU presidency to demand a response from the Colombian government on the so-called ‘Operation Europe’, planned by the DAS in Colombia, which sought to smear European human rights institutions and those of the UN.
Greens press release
Video of Spanish MEP Raul Romeva i Rueda's intervention in the European Parliament
Numerous European organisations ask Zapatero to take advantage of the Sixth EU-LAC Summit to drive forward the peace process in Colombia
This has been the request, made in a letter, that the European networks – OIDHACO (International Human Rights Office – Action Colombia), Grupo Sur (South Group), Plataforma por la Paz en Colombia (Platform for Peace in Colombia), and ALOP (Latin American Association of Development Organisations) – made to the president of the government of the Spanish State and of the current EU presidency. In its letter, the organisations stressed the need to contribute to the ‘regionalisation’ of the peace process in Colombia and asked the EU to sponsor this and appoint a special representative for peace in Colombia.
OIDHACO´s letter
OIDHACO´s press release (ES)
Colombian Platform for Human Rights, Democracy and Development and the Asturian Development Cooperation Agency denounce the serious human rights situation in Colombia
After three years of research, monitoring and evaluation of the situation for economic, social and cultural rights (ESCR), the Colombian Platform for Human Rights, Democracy and Development, in coordination with other networks and organisations, documented in its ‘Shadow Report to the Fifth Report by the Colombian state to the Committee on Economic, Social and Cultural Rights how the human rights situation had worsened. It highlighted the seizure of land and territories from indigenous people, small farmers and Afro-Colombians through a combination of legal and illegal mechanisms. This tragic situation was also observed by the sixth Asturian fact-finding mission on human rights which visited the country from 29 January to 12 February.
Colombian Platform for Human Rights, Democracy and Development's press release
Video of the Asturian delegation's visit to Colombia (ES)
United Kingdom and IACHR once again include Colombia on their ‘black lists’ of countries most in violation of human rights
In March, in its Annual Report on the human rights situation throughout the world, the United Kingdom’s Foreign Office again included Colombia in its annual list of the twenty countries which most violate fundamental rights. In Washington, the IACHR echoed this decision by London, by naming Colombia in its 2009 report as one of the countries giving cause for concern because of cases such as extrajudicial executions, the alleged collusion of the security forces with illegal groups and impunity.
Read more in abcolombia.org
IACHR's anual report 2009 - chapter IV on Colombia
International Campaign for the Survival of Indigenous Peoples at Risk of Extinction in Colombia
ONIC, the National Indigenous Organisation of Colombia, has begun its campaign for the survival of indigenous peoples at risk of extinction in Colombia. This includes a tour of Europe by three representatives where they plan to have meetings with parliamentarians, European Union institutions, non-governmental organisations and civil society movements. The campaign will shortly be launched in Bogotá.
OIDHACO celebrates the release of Sergeant Pablo Emilio Moncayo and private Josué Daniel Calvo
For human rights, development, solidarity and church organisations forming this European network, the release of the two soldiers marks an opportunity for peace for Colombia and opens the way to a humanitarian exchange and a negotiated solution to the conflict.
OIDHACO's press release
OHCHR´s press (ES)
The number of Colombian refugees in Ecuador has doubled, states the UN
There are now 45,000 refugees in that country, of which 98% are Colombia, according to the UNHCR.
Read more in unhcr.org (EN)
Read more in unhcr.org (FR)
False positives have not disappeared, according to CINEP report
Contrary to what Juan Manuel Santos, the ex-Minister of Defence, has said, a special report by CINEP-PPP’s Human Rights and Political Violence Database states that, despite a significant reduction in the period 2006-2008, between November 2008 and 31 December 2009 there were nine new cases of false positives.
The OAS electoral oversight mission and the Electoral Observation Mission found irregularities in several Colombian departments during the legislative elections in March
It was stressed that there had been a significant reduction in violence compared to previous elections. However, there were numerous anomalies associated with the failure to observe secret balloting and with vote-buying in the departments of Atlántico, Bolívar, Cundinamarca, Magdalena, Nariño and Norte de Santander.
OAS press release (ES)
OAS full Report (ES)
The CNN (National Conciliation Commission) presented to the presidential candidates its proposal for a National Accord for Peace and Reconciliation in Colombia
The CNN, which the Catholic Church participates in, presented eight main recommendations known as ‘minima’, to create a comprehensive policy for peace and reconciliation leading to negotiations on the Colombian armed conflict. The immediate release of all kidnap victims, dialogue and negotiation between the state and illegal armed groups, the return of displaced people to their places of origin in secure conditions, and the fulfilment of the state’s commitment to truth, justice and reparations for the victims are considered essential to the achievement of this objective. The proposal, which has the support of the Spanish embassy and other entities, also urges negotiations for agrarian reform with the armed groups which guarantees food sovereignty and security for the Colombian population and significantly restricts biofuels and the importation of agricultural products.
International Committee of the Red Cross (ICRC) publishes its annual report on Colombia
The international organisation expresses its concern about the use of sexual violence as a weapon of war, condemns the invisibility of tragedies involving civilians in rural areas, warns about the risks of exploiting humanitarian action and observes a strengthening of the FARC.
Fourteenth half-yearly report by MAPP (OAS Mission to Support the Peace Process in Colombia) warns of recruitment by new groups and attacks on victims and ex ‘paras’
The mission also expresses its concern at the lack of effective progress in providing the victims with reparations and in parliamentary discussions on a draft law. It also admits that, although the paramilitaries have disappeared as a political phenomenon, they persist in their purely criminal, mafia-type form.
International Criminal Court (ICC) seeks information on the releases ordered by civilian judges in cases of soldiers tried for false positives
The issue of false positives was added to the list of subjects on which the prosecutor of the ICC has requested periodic reports from various Colombian authorities, including the Fiscalía (State Prosecution Service) and the Foreign Ministry. This list already includes ‘parapolitics’, the Justice and Peace process and the activities and support for guerrilla groups outside the country.
Felipe Muñoz has revealed that infiltration of the DAS by paramilitaries and criminal gangs continues
In addition to the mass dismissal of 116 officials in the wake of the scandal of illegal phone-tapping and surveillance of public figures, journalists, activists and politicians, the report presented to the first committees of the Senate and the House of Representatives documented new cases of infiltration, attributed particularly to the organisation of the ‘narco-paramilitary’ Pedro Olivero Guerrero, alias ‘Cuchillo’ (The Knife).
‘Los Rastrojos’ (The Leftovers) issued death threats to 60 Colombian NGOs, senators and activists
As well as CODHES (Consultancy for Human Rights and Displacement), threats were issued to the UNDP (United Nations Development Programme), and the senators Alexander López, Guillermo Alfonso Jaramillo and Jorge Enrique Robledo, all three of them members of the PDA (Alternative Democratic Pole). The list of those threatened also included displaced people and trade unionists.
