Atrocities by Guerrillas, Criminal Groups Go Unpunished
 |
Mónica Julieth Pernia Cortes with two of her children. Pernia Cortes was
tortured
and killed in Tumaco on June 5, 2014, evidence strongly suggests by the FARC. |
By
HRW
Revolutionary Armed Forces of Colombia (FARC) guerrillas are
committing widespread abuses with impunity in the mostly Afro-Colombian
city of Tumaco and its surrounding rural areas, Human Rights Watch said
today.
Human Rights Watch documented a wide range of abuses committed against
scores of victims in Tumaco in 2013 and 2014 in which there is
compelling evidence the FARC was responsible. These abuses included
killings, disappearances, kidnapping, torture, forced displacement,
attempted forced recruitment, planting landmines, extortion, and death
threats against community leaders. Official data indicates the FARC has
also committed sexual violence in Tumaco in 2013 and 2014.
“FARC abuses are devastating Tumaco’s Afro-Colombian communities,” said
José Miguel Vivanco,
Americas director at Human Rights Watch. “The FARC has a tight grip
over the lives of many Tumaco residents, who are forced to keep silent
as the guerrillas plant their fields with landmines, drive them from
their homes, and kill their neighbors and loved ones with impunity.”
Paramilitary successor groups also engaged in rampant atrocities in
Tumaco until they stopped operating in the municipality in late 2013.
There is compelling evidence that members of the security forces have
been responsible for some human rights violations there as well.
 |
The identification cards of two sisters who were disappeared
from a
Tumaco neighborhood in early 2013, evidence strongly
suggests by a
paramilitary successor group. The sisters were
13 and 14 years old at
the time of their disappearance. |
Human Rights Watch visited Tumaco in May and June and interviewed more
than 90 abuse victims, their relatives, community leaders, and local
officials, among others. Research also drew on government data, official
reports, and criminal case files.
Human Rights Watch documented abuses in Tumaco against more than 70
victims since 2013 in which there is strong indication the FARC was
responsible, including 12 killings, 3 disappearances, 6 cases of
attempted forced recruitment, and 5 cases of torture, among other types
of abuse. Human Rights Watch also documented abuses against 16 victims
in recent years in which evidence points to the perpetrators being
paramilitary successor groups, including the disappearance of three
teenage girls and attempted forced recruitment of two teenage boys.
Official data strongly suggests that the FARC and paramilitary successor
groups have committed more than 300 killings and dozens of
disappearances in Tumaco over the past several years. Tumaco has among
the highest officially reported levels of homicides, disappearances,
conflict-related sexual violence and abuse, landmine victims, and forced
displacement in
Colombia. More than 10,000 Tumaco residents have fled their homes annually since 2011, according to government figures.
Over the past decade, the FARC and paramilitary successor groups –
principally the Rastrojos – vied for control of Tumaco. Paramilitary
successor groups emerged in Tumaco after the deeply flawed official
demobilization of right-wing paramilitary organizations.
Since late 2013, the FARC has established an undisputed presence in many
of the urban and rural areas of Tumaco, after numerous Rastrojos
members were arrested and several neighborhoods succeeded in expelling
the group. Some Rastrojos members stayed in Tumaco – and there has been
concern among residents and officials over the possible arrival of
another paramilitary successor group, the Urabeños – but, at this time,
the FARC’s influence is uncontested by other armed groups.
The FARC has a tight grip over the lives of many
Tumaco residents, who are forced to keep silent as the guerrillas plant
their fields with landmines, drive them from their homes, and kill their
neighbors and loved ones with impunity.
José Miguel Vivanco, Americas director
“Almost no one has been held accountable for the atrocities in Tumaco,”
Vivanco said. “As long as Colombia fails to deliver justice in Tumaco,
residents will remain vulnerable to abuses, whether from guerrillas,
paramilitaries, gangs, or security force members.”
The Attorney General’s Office reported that only seven of its
investigations into the more than 1,300 homicides committed in Tumaco
since 2009 have led to convictions. Prosecutors have not obtained a
single conviction in any of their more than 680 investigations into
disappearances and forced displacement committed since 2009 in Tumaco
and several nearby municipalities. Only four of the 314 investigations
into sexual violence and abuse in Tumaco since 2009 have led to a
conviction. Eight local prosecutors interviewed by Human Rights Watch
were handling more than 1,100 investigations each. In some of the cases
documented, justice authorities delayed – or completely failed – to take
basic steps to investigate abuses.
The municipality of Tumaco, in southwestern Colombia, has roughly
200,000 residents, 89 percent Afro-Colombian. Slightly over half of the
municipality’s population lives in the city of Tumaco, Colombia’s
second-largest Pacific port. Much of Tumaco’s rural population lives on
land that is collectively owned and governed by what are termed
Afro-Colombian “community councils” and on indigenous reserves. Tumaco’s
poverty, illiteracy, and infant mortality rates are all more than twice
the national average.
The Inter-American Commission on Human Rights, the UN Committee on the
Elimination of Racial Discrimination, and the UN independent expert on
minority issues have found that Afro-Colombians nationwide face
discrimination, socio-economic exclusion, and pervasive violence.
The FARC should immediately end its abuses against civilians in Tumaco
and the rest of Colombia, Human Rights Watch said. It should stop using
antipersonnel landmines, and disclose information on where landmines are
laid so they can be cleared; stop interfering with school safety and
children’s education; and reveal the whereabouts and/or return the
remains of disappearance victims.
The Colombia government should promptly and effectively investigate,
prosecute, and punish atrocities in Tumaco, Human Rights Watch said. It
should significantly increase the personnel and resources assigned to
the Tumaco prosecutor’s office, and establish a robust witness
protection program for Tumaco cases. It should also address the issue of
racial discrimination when carrying out policies to improve
socio-economic conditions and curb abuses in Tumaco.
“As the FARC discusses peace in Havana with the Colombian government, in
Tumaco its members have been brutalizing some of the most vulnerable
communities in Colombia,” Vivanco said. “A peace agreement could
eventually improve conditions in Tumaco but, in the meantime, the FARC
needs to end its abuses against the civilian population, and the
government should ensure justice for atrocities by all sides.”
Abuses in Tumaco: Summary of Findings
The following is a summary of the findings of recent Human Rights Watch
research in Tumaco, including research on killings, disappearances,
sexual violence, forced recruitment, forced displacement, and impunity.
It concludes with the details of
10 illustrative cases.
Killings
The FARC and paramilitary successor groups have been responsible for
widespread killings in Tumaco. Each year between 2011 and 2013, the
annual homicide rate in Tumaco was at least 110 homicides per 100,000
people, more than three times the national rate (which is the 10th
highest of all reported national rates worldwide, according to UN data).
[1]
A range of officials told Human Rights Watch that paramilitary
successor groups and guerrillas have committed the vast majority of the
homicides.
[2]
The government’s Victims Unit, which provides reparations to conflict
victims, registered 366 conflict-related killings committed in Tumaco
between 2011 and 2013, more than in any other Colombian municipality.
[3] The vast majority – if not all – were of civilians.
[4] The FARC was presumed responsible for a majority of the killings, according to Victims Unit data.
[5]
Many killings and other abuses by paramilitary successor groups were
not registered by the unit or are probably attributed to unidentified
perpetrators.
[6]
Human Rights Watch documented 17 killings committed in Tumaco in 2013
and 2014, 12 in which there is strong reason to believe the FARC was
responsible, 3 in which there is evidence security force members carried
out unlawful killin
gs, and 2 in which it is
unclear who was responsible. In 5 of the apparent FARC killings, there
is evidence the victims were tortured. Tumaco residents Human Rights
Watch interviewed described numerous other FARC and paramilitary
successor group killings in their communities over the past several
years.
Disappearances, Dismemberment, and Kidnapping
Human Rights Watch documented six disappearances committed in Tumaco
since 2013, three with compelling evidence of FARC responsibility, and
three in which a paramilitary successor group appears to be responsible.
The Victims Unit registered 30 conflict-related disappearances
committed in Tumaco between 2011 and 2013, the second-largest number of
all Colombian municipalities during the period.
[7] The unit’s data points to the FARC’s responsibility in a large portion of the registered cases.
[8]
Residents of urban and rural areas said that paramilitary successor
groups sometimes dismembered people they killed. Residents of two
neighborhoods said the Rastrojos maintained three houses there where
they repeatedly took victims to dismember them. According to official
reports, the dismembered body parts of at least six people have been
found in Tumaco since 2012, including Zolanyi Cortés Arroyo, a
14-year-old girl found on the shore of the city in July 2013 after she
had been missing for two weeks.
[9]
Human Rights Watch documented the kidnapping of a man in Tumaco in 2014
in which there is strong evidence of FARC responsibility.
[10]
Sexual Violence
Human Rights Watch documented the rape of two women and a teenage girl
in a Tumaco village by a group of unidentified armed men in 2012, as
well as the rape of a teenage girl the same year by a man who identified
himself to the victim as a FARC member. In all six disappearance cases
Human Rights Watch documented – of five teenage girls and a young woman –
families of the victims received information indicating they may have
been raped.
Tumaco residents said the Rastrojos had raped women and teenage girls in
their communities. The Victims Unit has registered 55 cases of
conflict-related sexual violence and abuse committed in Tumaco since
2011, the second highest number in Colombia during the period. According
to the Victims Unit’s data, the FARC was presumed responsible in 33
cases, paramilitary successor groups in 2, and unidentified attackers in
20.
[11]
FARC and paramilitary successor group members in Tumaco have attempted
to make young women and teenage girls their girlfriends or sexual
partners through threats and intimidation, according to relatives of the
young women and a community leader. Some families have sent their
daughters away from areas where these groups have a strong presence to
protect them from potential sexual exploitation or abuse.
Forced Recruitment, Recruitment and Use of Children, and Interference with Education
Human Rights Watch documented the attempted forced recruitment of 4
adults and 2 teenage boys by the FARC since 2013, as well as the
attempted recruitment of 2 teenage boys by a paramilitary successor
group during the period. In several cases, the victims had to flee
Tumaco to avoid recruitment. Residents said the FARC is currently
recruiting children under age 18 and reported seeing children actively
operating as FARC members in their communities, including as
gun-carrying members and lookouts.
The FARC and paramilitary successor groups have attempted to recruit
children at Tumaco schools. One day in mid-2014, the FARC placed
explosives roughly 10 meters from a village school’s entrance when the
military was in town, forcing cancellation of classes for the day,
residents said. The FARC has held meetings with students and teachers at
the same school.
Use of Antipersonnel Landmines
The FARC are planting antipersonnel landmines in Tumaco’s rural areas.
The 1997 Mine Ban Treaty, to which Colombia is a state party,
comprehensively bans antipersonnel landmines and their use is a
violation of international law.
[12]
According to official data, there have been 121 new victims of
landmines and unexploded ordnance in Tumaco since 2011, more than in any
other municipality in Colombia, which has one of the world’s highest
annual rates of new landmine victims.
[13] Of the 81 civilian victims, 16 died, and 65 were injured, 6 of whom had limbs amputated.
In one instance in 2011 that residents of an Afro-Colombian collective
territory described, a woman stepped on a landmine, and when her husband
tried to rescue her, his movement detonated another landmine, which
killed him. The woman bled to death because residents were afraid of
setting off another landmine if they tried to rescue her, a community
leader said.
Community leaders said the FARC usually plant landmines when the
military is in the area, or to protect coca crops. According to the UN,
in 2013 there were 16,336 acres of coca – the raw material for producing
cocaine – in Tumaco, more than three times the area planted in any
other municipality in Colombia, which is the world’s second largest coca
producer.
[14]
Extortion, Restrictions on Movement, Social Control, and Forced Displacement
The FARC and paramilitary successor groups have been responsible for
widespread extortion in Tumaco, with victims ranging from large
businesses to informal street vendors, as well as community council
governments, according to victims, business leaders, and justice
officials.
Residents of various urban and rural communities told Human Rights Watch
the FARC is imposing severe restraints on their movements and daily
activities. In certain communities, the FARC prohibits people from
walking around at night and levies fines of roughly US$250 for traveling
by river after 6 p.m. It insists on approving visitors to some
communities, and prohibits people – including community council leaders –
from visiting areas within their own communities. Some residents also
said they were forced to attend a FARC meeting under the threat of a
fine, and that people – including members of a victims’ association –
had been prohibited from meeting in large groups.
Community council leaders described the FARC’s social control and abuses
as a direct threat to the autonomy and cultural traditions of
Afro-Colombian communities. For example, one leader said people can no
longer hunt or fish at night – traditional practices within his
community – because of the FARC’s restrictions on movement and use of
landmines.
Abuses by the FARC and paramilitary successor groups, and fighting
between the FARC and security forces, have driven thousands of Tumaco
residents from their homes. Each year between 2011 and 2013, more than
11,000 Tumaco residents were newly displaced, placing it in the top
three Colombian municipalities in numbers of people displaced during
those years.
[15]
Human Rights Watch also documented the cases of dozens of Tumaco
residents displaced by the FARC and paramilitary successor groups since
2013.
Impunity
Colombia has consistently failed to ensure justice for abuses in Tumaco.
There have been more than 1,300 homicides in Tumaco since 2009. The
Attorney General’s Office reported that only seven of its investigations
into these crimes have led to convictions, and that just 11 are at the
trial stage.
[16]
Local prosecutors are investigating 285 cases of disappearances and 379
cases of forced displacement committed since 2009 in Tumaco and several
other small municipalities nearby. All investigations are in the
preliminary stage, with no one charged, let alone convicted.
[17]
A specialized unit dedicated to investigating disappearances and forced
displacement has an additional 210 open investigations into such crimes
in Tumaco, all in the preliminary stage.
[18]
Of prosecutors’ 314 investigations into sexual violence crimes in
Tumaco since 2009, only four have led to convictions, and eight are at
the trial stage.
[19]
The specialized prosecutorial unit dedicated to investigating
paramilitary successor groups has not obtained a single conviction
against members of such groups for homicides, disappearances, forced
displacement, or sexual violence committed in Tumaco since 2009.
[20]
The local prosecutors’ overwhelming caseload sets them up to fail. Human
Rights Watch interviewed 9 of the 11 prosecutors in the Attorney
General’s Office in Tumaco. Eight of them were handling at least 1,100
investigations each.
[21]
For example, one prosecutor was investigating 1,421 cases, including
402 homicides and 72 cases of sexual violence and abuse. The prosecutor
with the lightest caseload had 740 investigations. The Attorney
General’s Office has not yet followed through on its January 2014
commitment to assign 10 additional prosecutors to the Tumaco office.
In some cases Human Rights Watch documented, interviews with victims and
justice authorities indicated that prosecutors and investigators had
delayed – or completely failed – to take basic steps to investigate
serious abuses. This included repeatedly refusing to take testimony from
a family member about the people allegedly responsible for a
disappearance, waiting at least three weeks to assign investigators to a
murder case, and failing to interview a murder victim’s nuclear family
members. For example, more than a year-and-a-half after unidentified
gunmen killed Miller Angulo, a renowned victims’ rights leader in
Tumaco, criminal investigators still had not interviewed his family or
even verified that he was in fact a victims’ rights leader. Over a
nearly year-long span in 2013 and 2014, no steps were taken to
investigate the case.
[22]
Another obstacle to justice is that many abuses by guerrillas and
paramilitary successor groups go unreported due to fear of reprisals,
abuse victims, their families, and prosecutors told Human Rights Watch.
When cases are reported, pervasive fear of retaliation among witnesses,
victims, and their families impedes cooperation with investigations.
Justice officials also face serious security risks in carrying out their
work in Tumaco. On July 17, 2014, individuals who identified themselves
as FARC members intercepted four Attorney General’s Office officials as
they were driving back to the city of Pasto after exhuming bodies in
Tumaco, sources in the Attorney General’s Office said. The FARC held the
officials captive for roughly two hours, during which they threatened
to kill them, told them not to return to the area, and burned their car.
[23]
Abuse victims’ families described the devastating consequences of the
impunity enjoyed by those who killed or disappeared their loved ones,
such as having to endure threats and intimidation from the people
responsible for the crimes. A woman said the FARC members who killed her
husband in 2014 subsequently walked by her home on repeated occasions,
peering inside, intimidating her. She fears her family would suffer
reprisals if she reports the men to authorities.
[24]
Socio-Economic Exclusion
Many residents believe the high poverty rate, lack of economic
opportunities, and limited access to basic services in Tumaco have
created an environment in which armed groups thrive by easily recruiting
members.
The latest available government figures on Tumaco’s rates of multidimensional poverty
[25]
(84.3 percent, 2005), illiteracy (17 percent, 2005), and infant
mortality (59 deaths per 1,000 births, 2009) are all at least twice the
national average.
[26]
Even though more than half of Tumaco residents live in the city, just
0.3 percent of its households were connected to the sewage system in
2011, compared with 72 percent of Colombian households nationwide.
[27]
Selected Cases
Killing and torture of Mónica Julieth Pernia Cortes, Tumaco, June 5, 2014
On the afternoon of June 5, 2014, Mónica Julieth Pernia Cortes, a
25-year-old mother of three, left her home in Tumaco, telling her family
she would be right back. She never returned. On June 7, her body was
found floating off the shore of the El Bajito neighborhood in Tumaco,
her ankles bound by a cable. Her body had “signs of torture,” according
to the police report, which describes multiple open wounds on her back,
shoulders, right hand, head, neck, and breasts.
[28]
Human Rights Watch received a credible report that on the night of June
5, El Bajito residents saw two men on a motorbike bring Pernia Cortes to
the neighborhood, where more than a dozen other FARC members were
waiting. The FARC members then moved her to an abandoned area nearby.
[29]
According to the report, at some point that night she momentarily
escaped and screamed for help, but FARC members threatened to attack
neighbors if they assisted her, and the group recaptured her. Residents
heard her screaming for about an hour.
[30] Several sources confirmed to Human Rights Watch that the FARC have a strong presence in El Bajito.
[31]
More than two weeks after Pernia Cortes’s body was found, the prosecutor
who had been assigned the investigation told Human Rights Watch that he
was unaware he had been assigned the case and indeed, had not even
heard of the killing.
[32]
(Two justice officials confirmed to Human Rights Watch that the
prosecutor had been assigned the case three days after Pernia Cortes’s
body was found.
[33])
Nearly a month after the killing, no investigators – who conduct
criminal investigations under the orders of prosecutors – had been
assigned to work with the prosecutor on the case.
[34]
Killings and torture of Germán Olinto Méndez Pabón, Edilmer
Muñoz Ortiz, and two other men in a town in the Las Varas community
council, Tumaco, 2013 and March 2014
Human Rights Watch documented four other killings in Tumaco in which
there is also evidence that the FARC tied up and tortured the victims
before murdering them. On March 18, 2014, the bodies of police Major
Germán Olinto Méndez and Patrol Officer Edilmer Muñoz Ortiz were found
in San Luis Robles, a rural town in the Las Varas community council,
three days after the FARC had abducted them in the area. The judicial
police crime scene report said that both were found with their hands
bound, and multiple open wounds.
[35]
A crime scene photograph depicts a small wooden stake driven into the
back of the neck of one of the men. The medical examiner’s office
concluded that the causes of Muñoz Ortiz’s and Méndez’s deaths were a
slit throat, and blunt force trauma to the head, respectively. According
to the medical examiner’s office, both bodies had evidence of “repeated
blunt force traumas to different parts of the body capable of causing
intense pain, as well as signs of defenselessness due to being tied up,”
which were findings “consistent with the medical diagnosis of torture.”
[36] On March 23, the FARC’s secretariat issued a statement admitting FARC members had detained the policemen and killed them.
[37] Prosecutors have ordered the arrest of nine alleged FARC members for the killings.
[38]
In another case, a witness told Human Rights Watch that in early 2013,
he saw two Las Varas community members with their hands and feet bound
near a park in San Luis Robles. The witness said the two men’s faces
looked severely beaten, that some of their teeth were lying on the
ground next to them, and that he subsequently saw the FARC drive out of
town with the men in a car. The witness, and another person interviewed
separately by Human Rights Watch, said the FARC later killed the two
men.
[39]
Disappearance of a young woman and two teenage girls, Tumaco village, 2013
Over a two-week span in 2013, two teenage girls and a young woman went
missing from the same FARC-dominated village in Tumaco, according to a
member of one of the victims’ families.
[40]
One of the victims, who left her home for a brief appointment, was last
seen that day in the village with a known FARC member walking behind
her. On separate occasions, FARC members told one of the families that
the group had abducted and killed all three, but refused to hand over
their bodies or disclose their whereabouts. A FARC member told one
family member that their relative had been tied up by the group and
raped. The family member told Human Rights Watch:
I always feel sick, really sick. I cannot sleep, thinking about
whether it’s true that they raped her, that they tied her up, and that
they killed other people in front of her…. Could it be true that they
did all this, without me being able to do anything? I want them to
return her to me, or to know the truth – what is it that they did to
her?
[41]
In 2014, a FARC member, believing one of the families had received a
government reparations payment for the disappearance, tried to extort
the money and threatened to kill more relatives.
[42]
Killings of Sebastían Preciado and Angelo Cabezas, Chilví, Tumaco, May 14, 2014
On May 14, 2014, at around 4 p.m., the FARC carried out an attack with
explosives against a group of policemen playing soccer in the village of
Chilví, resulting in the deaths of Sebastían Preciado, 13, and Angelo
Cabezas, 14, and wounding eight policemen. The two boys were sitting
right next to the soccer field watching the police play immediately
prior to the attack, according to several credible sources.
[43]
The same sources said that Cabezas had just come from finishing soccer
practice, and Preciado had come to Chilví’s town center to pick up his
little sister from school. Initial reports said the attack was with a
grenade; however, justice authorities are verifying what kind of
airborne explosive device was used.
The police issued a public statement the day after the attack blaming
Cabezas and Preciado for launching airborne explosives on the FARC’s
behalf,
[44]
but Human Rights Watch found strong reasons to believe the boys were
bystanders, and not responsible for the FARC attack. Regardless of
whether the boys set off the explosive device, there is overwhelming
evidence that the FARC is responsible for killing them: either the FARC
carried out the attack with the boys present or they used the boys for
military purposes.
Evidence against the police version of the events includes that both
boys were known in the small community to be well-behaved, active
students who were friendly with the police, for whom they often ran
errands.
[45]
Chilví residents who were near the attack told the Ombudsman’s Office
that individuals driving on a motorbike had launched the explosive
device.
[46]
Many Chilví residents publicly protested the police’s accusations. One
of the two police who initially told justice authorities the boys were
responsible for the explosion has since retracted his claim.
[47]
In a public letter, the FARC’s top commander, alias Timochenko, said a
FARC member – and not Cabezas and Preciado – threw a grenade at the
police.
[48]
Timochenko said the FARC had verified that no civilians were in the
area prior to the attack, but claimed that the boys coincidentally had
run out of a house near the field and crossed in front of the police
right at the time of the explosion. Timochenko’s claim that the boys
suddenly ran out of a house contradicts several credible accounts that
the boys had been sitting next to the field watching soccer when the
attack occurred.
Evidence also strongly suggests that following the attack, Cabezas
received grossly inadequate medical care as law enforcement authorities
interrogated him in the San Andres de Tumaco Hospital. Preciado died at
4:48 p.m., immediately after arriving at the hospital, and Cabezas died
at 10:15 p.m. Cabezas’ mother said she arrived with her son at the
hospital at around 4:30 p.m., but that he did not receive any medical
attention until 9 p.m., although she repeatedly pleaded for assistance.
According to medical records, Cabezas was bleeding from an ear, said his
whole body was in pain, and had 27 open shrapnel wounds, as well as
lacerations to his intestines and liver.
[49]
Instead of being treated, Cabezas’s mother said, he was accused and
interrogated by law enforcement officials for more than four hours.
Cabezas denied setting off any explosive device and said he saw a
smoking object fly above his head at the time of the attack, his mother
said. Hospital records confirm that at 9:10 p.m., Cabezas “entered into
[cardiac] arrest at the moment the prosecutor was interrogating him.”
[50]
The hospital denies that it failed to treat Cabezas opportunely but its
account of the night has serious inconsistencies. Hospital records
indicate that Cabezas arrived there at 6:42 p.m. – more than two hours
after the explosion and at least two hours after Preciado arrived at the
same hospital – and that he was not admitted to the emergency room and
given treatment until 7:50 p.m. However, in a subsequent letter
responding to the Tumaco Diocese’s public call for an investigation into
possible negligence, the hospital said Cabezas actually arrived there
at 4:45 p.m.
[51]
The arrival time stated in the letter coincides with the accounts of
Cabezas’s mother and two other witnesses, who, like his mother, told
Human Rights Watch that medical staff refused to treat Cabezas. The
evidence therefore strongly suggests that Cabezas arrived at the
hospital around 4:45 p.m., but either was not treated until 7:50 p.m.,
as hospital records said, or 9 p.m., as his mother said, before being
declared dead at 10:15 p.m.
A justice official said the hospital’s possible negligence is not under investigation.
[52]
Forced displacement of eight leaders and dozens of their
family members from the Las Varas community council and killing of a Las
Varas community leader, 2013 and May 11, 2014
On the morning of January 29, 2013, a regional FARC commander called the
president and legal representative of the Las Varas community council
government and told them they had been declared “military targets” of
the guerrilla group.
[53]
The council’s legal representative then received a phone call alerting
him that armed FARC members were looking for him at his home in Las
Varas. After the president and legal representative received another
phone call from the FARC commander threatening to kill them, the
authorities evacuated them from Tumaco on January 30. Their families, as
well as six other Las Varas community leaders and their families, fled
Tumaco over the next several days. In total, the FARC threats displaced
roughly 40 people.
[54]
Abuses against the Las Varas leaders continued: on May 11, 2014, two
people on a motorbike shot dead Marcelino Castillo, a community leader,
in San Luis Robles. In separate interviews, community members and
officials told Human Rights Watch they had received information pointing
to the responsibility of the FARC, which has a powerful presence in Las
Varas.
[55]
Kidnapping of a man in Tumaco, 2014
In 2014, FARC members kidnapped a man in Tumaco and held him for ransom for nearly a week, said the victim and an official.
[56]
Juan (pseudonym) told Human Rights Watch that when driving in Tumaco
one night, armed men forced him out of his car, blindfolded him, and
took him on a boat for several hours until they reached a small
riverside village, where they placed him in a house.
[57]
In the morning, Juan’s captors told him to call his family to have them
contact the group to arrange a ransom payment. The next morning, his
three captors, carrying rifles, machetes, and shovels, woke Juan up and
told him they had received an order to bury him. Then they said they
would give him a final opportunity to call his family about the payment,
which he did. During his captivity, Juan said, several other armed men
repeatedly visited his captors.
Juan believed his captors belonged to the FARC because he knew they
dominated Tumaco’s rural areas and could hear them talk about their
activities in other areas of Tumaco where the FARC is strong. After he
was released in exchange for a ransom payment, Juan said, he was able to
visually identify a FARC member as one of the men involved in his
abduction.
[58]
Extortion and death threats against Tumaco business owners, 2013 and 2014
The extortion demands on Jorge and Maria (pseudonyms), the owners of a
small business in Tumaco, started on October 1, 2013, when they received
a letter signed by the FARC threatening to throw a grenade at their
business if they did not pay US$1,500.
[59]
About a week later, an armed man who identified himself as a FARC
member went to their business, put a gun to Jorge’s head, demanded the
payment, and took roughly $400 from the cash register.
Several days later, Jorge and Maria received a call from man who
identified himself as a guerrilla member, demanded a $1,000 payment
within two days, and threatened to kill their children if they did not
pay. The business owners reported the extortion to the authorities and
several days later Jorge received a call from a man who said he would
cut out his tongue and decapitate him for having called the police.
The extortion continued through April, when two men who identified
themselves as FARC members entered Jorge and Maria’s business, pointed a
gun at their teenage daughter, demanded $1,500, stole roughly $550, and
threatened to kill them. The daughter fled Tumaco. Authorities
subsequently arrested a man as he collected an extortion payment from
Jorge and Maria. The death threats and extortion demands have continued,
however.
[60]
Attempted military use and forced displacement of two teenage boys, Tumaco village, 2014
In early 2014, FARC members threatened two teenage boys, telling them
not to say anything after they saw the group transporting weapons in
their village in a Tumaco community council, one of the boys’ relatives
said. Two days later, six FARC members entered the boys’ school in the
village and told them to place a bomb in a location where the military
was camped. The boys refused and subsequently fled the village out of
fear for their lives.
[61]
Disappearance of three teenage girls from Tumaco neighborhood, 2013
One night in early 2013, two sisters and their friend, ages 13, 14, and
15, left their homes to meet in their Tumaco neighborhood, and never
returned.
[62] A neighbor told the families that he had heard the girls crying and screaming that night from inside a house in the area.
[63]
The neighbor told them he had heard the girls being beaten, and that
they were removed from the house at around 4 a.m. Based on the
neighbor’s account of the screaming, and other similar rape cases and
rumors in the neighborhood, relatives think the girls were raped.
The girls’ families suspected that a paramilitary successor group was
responsible for the disappearances. They said a successor group operated
in the neighborhood at the time and had killed other female victims
from the area. A relative of the two sisters said that roughly a week
prior to their disappearance, a paramilitary successor group member told
her threateningly to watch out for the girls “because they’re very
pretty.”
[64]
Killings of Daniel Quiñones Riascos, Alex Quiñones Pai, and Ricardo (pseudonym), Tumaco, 2013
On the night of December 10, 2013, the police set up checkpoints on the
main roads out of Tumaco following a grenade attack in the city. Shortly
after the attack, at roughly 10:30 p.m., a 24-year-old college student
named Daniel Quiñones Riascos failed to stop at a police checkpoint on
the Pindo Bridge in Tumaco, driving around it on his motorbike with his
friend Alex Quiñones Pai on the back.
[65]
A report by a policeman at the scene said that the police then fired
warning shots into a “cleared area” and shouted at Navy marines
stationed closely down the road to stop the motorbike; and that the
marines then fired on the two men, knocking them and the motorbike over.
Several marines who were there claimed, however, that the police shot
directly at the two men.
[66]
Daniel Quiñones Riascos’s father said witnesses told him the two young
men raised their arms and said not to shoot after passing the police
checkpoint, and that both Navy and police personnel had shot at the two
young men. Quiñones Riascos was shot in his right shoulder blade area
and right forearm and Quiñones Pai was shot in both legs.
[67] Quiñones Riascos was declared dead at 10:40 p.m. and Quiñones Pai died later that night.
The policeman’s report said that after the shooting, the marines had
cleaned their weapons, reloaded them, and picked up and rearranged the
bullet shells they had fired. The marines refused to provide judicial
police with their weapons or information about on-duty personnel,
according to the report, which alleges that a Navy lieutenant told
police his superior had ordered them not to hand over the information.
Marines later went to the police station to hand over 11 rifles, which
looked “recently cleaned and washed with oil,” according to the report.
[68]
As of June, the investigation into the incident was in the preliminary
stage, with no suspects charged. The prosecutor handling the case said
he may send it to the military justice system.
[69]
Several months prior to those killings, Navy personnel fatally shot
another unarmed young man near the Pindo Bridge, the man’s mother said.
One morning in mid-2013, Ricardo (pseudonym), 18, arrived at his home
and told his mother that marines had just searched him and his friends
as they crossed the bridge, and hit his face with the handle of a rifle.
Shortly afterward, as Ricardo and his mother walked near the bridge, a
marine told him not to come close “because he would blow him away.” The
marines tried to grab Ricardo, and then at least one of them fired at
him, said his mother, who said she was standing next to her son at the
time. She said Ricardo fell to the ground with bullet wounds in both
legs and died in the hospital that night.
[70]
[2]
Human Rights Watch interviews with officials from the Attorney
General’s Office, Tumaco mayor’s office, and police intelligence,
Tumaco, May and June 2014.
[4]
The Victims Unit can only register killings of civilians and cases of
security force members killed outside of combat; it is prohibited from
registering killings of members of irregular armed groups. According to
data compiled by the Tumaco’s mayor’s office, only 29 of the more than
460 total homicides in Tumaco in 2012 and 2013 were of security force
members. Available data does not indicate how many of these 29 homicides
were committed outside of combat and/or registered by the Victims Unit.
Email from Tumaco mayor’s office official to Human Rights Watch, April
25, 2014; Law 1448 of 2011, article 3.
[5]
Email from Victims Unit official to Human Rights Watch, July 8, 2014.
Of the 366 killings, the unit registered 907 spouses, partners, and
other relatives of victims in cases attributed to the guerrillas, 39 in
cases attributed to paramilitary successor groups, 5 in cases attributed
to the security forces, and 353 in cases attributed to unidentified
perpetrators.
[6]
The Victims Unit has repeatedly denied requests for reparations made by
victims of killings and other abuses by paramilitary successor groups
on grounds that their crimes are not related to the armed conflict.
[8]
Email from Victims Unit official to Human Rights Watch, July 8, 2014.
Of those 30 disappearances, the Victims Unit registered 92 spouses,
partners, and other relatives of victims in disappearance cases
attributed to guerrillas, and 36 in cases attributed to unidentified
perpetrators. (See endnote 6 on the lack of registration of cases by
paramilitary successor groups.)
[9]
Emails from INML official to Human Rights Watch, July 7 and 10, 2014;
Ombudsman’s Office of Colombia, Early Warning System, “Follow-up Note
No. 007-14,” April 14, 2014, p. 14.
[10] Human Rights Watch interviews with a Tumaco resident and an official, 2014.
[11]
Email from Victims Unit official to Human Rights Watch, July 8, 2014.
(See endnote 6 on the lack of registration of cases by paramilitary
successor groups.)
[12]
The Colombian government is a party to the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of
Antipersonnel Mines and on their Destruction. Colombia signed the
Convention on December 3, 1997, ratified it on September 6, 2000, and it
entered into force on March 1, 2001.
[16] Email from Attorney General’s Office official to Human Rights Watch, July 15, 2014.
[17]
Human Rights Watch requested data about cases of disappearances and
forced displacement exclusively in Tumaco but the Attorney General’s
Office provided data about local prosecutors’ investigations into such
cases in Tumaco and several surrounding municipalities. Email from
Attorney General’s Office official to Human Rights Watch, July 15, 2014.
[18] Email from Attorney General’s Office official to Human Rights Watch, July 11, 2014.
[19] Email from Attorney General’s Office official to Human Rights Watch, July 15, 2014.
[20] Email from Attorney General’s Office official to Human Rights Watch, July 3, 2014.
[21]
The prosecutors investigate crimes in Tumaco and several surrounding
municipalities. Human Rights Watch interview with prosecutors, Tumaco,
May 2014.
[22] Human Rights Watch interview with justice official, Tumaco, June 2014.
[23]
Report from Technical Investigation Body (CTI) office in Pasto to
prosecutors in Pasto, July 22, 2014, on file at Human Rights Watch;
Human Rights Watch telephone interview with justice official, July 22,
2014.
[24] Human Rights Watch interview with Tumaco resident, 2014.
[25]
The Multidimensional Poverty Index is employed by the UN Development
Programme and measures poverty by identifying multiple deprivations at
the individual level in health, education, and standard of living.
[28] Judicial police report, on file at Human Rights Watch.
[29] Human Rights Watch interview with Tumaco resident, 2014.
[31] Human Rights Watch interviews with Tumaco residents, 2014.
[32] Human Rights Watch interview with prosecutor, Tumaco, June 24, 2014.
[33] Human Rights Watch interviews with justice officials, Tumaco, June 2014.
[34] Human Rights Watch telephone interview with justice official, July 3, 2014.
[35] SIJIN, “Technical Inspection of a Cadaver,” Report No. 528356000538201400745, March 18, 2014, on file at Human Rights Watch.
[38] Human Rights Watch interview with justice official, 2014.
[39] Human Rights Watch interviews with Tumaco residents, 2014.
[40] Human Rights Watch interview with Tumaco resident, 2014.
[43]
Human Rights Watch interview with Tumaco residents, 2014; Ombudsman’s
Office, “Report on the grenade attack against police in the village of
Chilví in Tumaco in which two children died,” May 15, 2014; “The case of
the child-bombs in Tumaco was false?”
Semana, May 25, 2014,
http://www.semana.com/nacion/articulo/falsos-ninos-bomba/389155-3 (accessed July 14, 2014).
[44]
National Police, “In the town of Chilvi in the municipality of Tumaco,
eight police were wounded when an explosive device was thrown,” May 15,
2014.
[45]
Human Rights Watch interview with Tumaco residents, 2014; Diocese of
Tumaco press release, May 20, 2014; “The case of the child-bombs in
Tumaco was false?”
Semana, May 25, 2014.
[46]
Ombudsman’s Office, “Report on the grenade attack against police in the
village of Chilví in Tumaco in which two children died,” May 15, 2014.
[47] Human Rights Watch interviews with justice officials, Tumaco, June 2014.
[49]
Hospital San Andres de Tumaco E.S.E records for Angelo Cabezas, May 14,
2014, on file at Human Rights Watch; INML, “Expert Autopsy Report,” May
15, 2014, on file at Human Rights Watch.
[51] Letter from Hospital San Andres de Tumaco to the Dioceses of Tumaco, May 30, 2014, on file at Human Rights Watch.
[52] Human Rights Watch interview with justice official, Tumaco, June 2014.
[53] Human Rights Watch interview with Tumaco resident, 2014.
[54]
Victims Unit, “Resolution by which it is decided whether or not to
register in the Victims Registry, by virtue of article 156 of Law 1448
of 2011 and article 37 of Decree 4800 of 2011,” March 6, 2013, on file
at Human Rights Watch.
[55]
Human Rights Watch is withholding the details of the information out of
concerns for the safety of the sources of the information. Human Rights
Watch interviews with Tumaco residents and officials, 2014.
[56] Human Rights Watch interview with Tumaco resident, 2014; Human Rights Watch interview with official, 2014.
[57] Human Rights Watch interview with Tumaco resident, 2014.
[59] Human Rights Watch interview with Tumaco residents, 2014; Human Rights Watch interview with justice official, 2014.
[60] Human Rights Watch interview with Tumaco residents, 2014.
[61] Human Rights Watch interview with Tumaco resident, 2014.
[62]
Criminal complaint filed with the Attorney General’s Office, date
withheld, on file at Human Rights Watch; Human Rights Watch interviews
with Tumaco residents, 2014.
[63] Human Rights Watch interviews with Tumaco residents, 2014.
[65]
Human Rights Watch interview with Tumaco resident, June 2014; Report
sent from police witness to Tumaco police commander, December 11, 2013,
on file with Human Rights Watch.
[66]
Reports sent from marine witnesses to Navy commanders in Tumaco,
December 11, 2013, on file at Human Rights Watch; report sent from
police witness to Tumaco police commander, December 11, 2013, on file at
Human Rights Watch.
[67]
INML, “Expert Autopsy Report No. 2013010152835000299,” December 12,
2013, on file at Human Rights Watch; Centro Divino Niño Hospital records
for Alex Quiñones Pai, on file at Human Rights Watch.
[68] Report sent from police witness to Tumaco police commander, December 11, 2013, on file at Human Rights Watch.
[69] Human Rights Watch interview with prosecutor, Tumaco, June 2014.
[70] Human Rights Watch interview with Tumaco resident, 2014.
Reprinted with permission from Human Rights Watch.