Violations of International Humanitarian Law against civilians

Killing by one of the armed groups

The International Secretariat of the World Organisation Against Torture (OMCT) requests your urgent intervention in the following situation in Colombia.

Brief description of the situation:

The International Secretariat of OMCT has been informed about the continuing grave violations of human rights against the civil population in the region of Arauca. Among the last grave violations is the killing of town councillor Mr. Jos? Manuel Roa Monta?es, who was also the President of the ‘Corporation of the Council of Arauquita’ (Corporaci?n del Consejo Municipal de Arauquita), by, according to the source, members of the guerrilla of the Revolutionary Armed Forces of Colombia (FARC), on 3 April 2006.

According the information received of several organisations among which is the Foundation Committee in Solidarity with Political Prisoners (Fundaci?n Comit? de Solidaridad con lo Presos Pol?ticos - FCSPP), Mr. Jos? Manuel Roa Monta?ez, 28 years old, town councillor and president of the corporation of the above-mentioned municipality, was killed in a street called Paz, in the municipality Arauquita on 2 April 2006. The crime, according to the information, was committed by members of the guerrilla of the FARC According to the information, town councillor Roa Monta?ez was in the rural area to visit his family.

OMCT recalls that this type of aggressions against the civilian population by parts of members of the FARC are not unique nor exceptional. OMCT previously informed about the assassination of two well-known indigenous persons from the indigenous community of “Ca?o Claro” in the municipality of Tame. On 5 March 2006, Mr. Juan Rodr?guez Villamizar, who worked as treasurer of the indigenous community of “Ca?o Claro”, was found dead by several members of the above-mentioned community. His wife, Mrs. Luz Miyriam Far?as Rodr?guez, who worked as a teacher in the same indigenous community, was found dead on 7 March 2006 after she had been forced by armed men belonging to an unknown armed group, to step out of the funeral car going to the municipality of Tame, in which the corpse of her husband was (see general appeal OMCT COL 270306).

The International Secretariat of OMCT would like to remind the guerrilla members of the FARC to their obligation to respect the Principle of Distinction set out in International Law and particularly by the International Humanitarian Law (IHL). In accordance with these same International Human Rights Instruments, OMCT also calls upon the Colombian authorities to take the necessary measures to ensure the protection of the civil population in the region of Arauca and, more generally, throughout all the regions affected by the armed conflict.

OMCT condemns these events of grave violence and the persecution of the civil population, in particular the assassination of this unarmed person, Mr. Jos? Manuel Roa Monta?es, well-known member of the rural community of Arauquita, as well as the assassination of the indigenous leaders Juan Rodr?guez Villamizar and Luz Miyriam Far?as Rodr?guez.

The International Secretariat of OMCT expresses its grave concern over the physical and psychological integrity of the population of the department of Arauca, and the others involved directly or indirectly in the armed actions of the three parties in the conflict: the guerrilla, the army and the paramilitary groups. OMCT refers to the new omission of new effective actions for the protection of the municipal, governmental and national authorities to prevent such acts.

Action requested:

Please write to the Revolutionary Armed Forces of Colombia (FARC), cuyo whose address is: http://www.farcep.org/ urging them to:

i. Abide by the principles of the International Humanitarian Law (IHL), particularly by the Principle of Distinction: “In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives”；

ii. Put an end to all the violent acts or harassment against the civil population or its legal representatives.

Please also write to the authorities in Colombia urging them to:

i. Guarantee the physical and psychological integrity of the residents of the region of Arauca, and, take all necessary measures to prevent the occurrence of new violent acts in the region.

ii. Implement the human rights international and regional organisations’ recommendations, including the Office of the High Commissioner for Human Rights’.

Addresses:

? Misi?n Permanente de Colombia ante las Naciones Unidas en Ginebra. Chemin du Champ d'Anier, 17-19, 1209 Ginebra. FAX : + 41.22.791.07.87; TEL.:+ 41.22.798.45.55. E-mail: mission.colombia@ties.itu.int

? S.E. ?lvaro Uribe V?lez, Presidente de la Rep?blica, Cra. 8 # 7-26, Palacio de Nari?o, Santa Fe de Bogot?.Fax:+57.1.566.20.71 Francisco Santos, Vicepresidente: E-mail: fsantos@presidencia.gov.co ; buzon1@presidencia.gov.co

? Programa DDHH de Vicepresidencia: ppdh@presidencia.gov.co

? Observatorio DDHH de Vicepresidencia: obserdh@presidencia.gov.co

? Doctor Volmar Antonio P?rez Ortiz, Defensor del Pueblo, Calle 55 # 10-32, Bogot?. Fax: + 57.1.640.04.91 E-mail: secretaria_privada@hotmail.com ; agenda@agenda.gov.co

? Doctor Mario Hern?n Iguar?n Arana, Fiscal General de la Naci?n, Diagonal 22-B # 52-01, Bogot?. Fax: +57.1.570.20.00 E-mail: contacto@fiscalia.gov.co; denuncie@fiscalia.gov.co

? Doctor Edgardo Jos? Maya Villaz?n, Procurador General de la Naci?n, Cra. 5 #. 15-80, Bogot?. Fax: +57.1.342.97.23; E-mail: webmaster@procuraduria.gov.co; cap@procuraduria.gov.co ; reygon@procuraduria.gov.co ; anticorrupcion@presidencia.gov.co

Please also write to the diplomatic representations of Colombia in your respective countries.

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Geneva, 12 April 2006