AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

View the digitally signed version of this alert.

FACTS OF THE CASE:

On 12 January 2003, the Attorney General of Colombia ordered the arrest of Dr. Ciro Alejandro Peña for treating a woman who is allegedly related to a member of the armed rebel group FARC (Fuerzas Armadas Revolucionarias de Colombia). He is being held in a prison in Bogotá.

Close friends of the physician insist that although the woman had the same last name as a FARC member, she "had nothing to do" with the armed group. They believe that the arrest and the charges against Dr. Peña are politically motivated and related to autopsies he performed in 1998 on 18 campesinos who were killed in Santo Domingo. Human rights groups believe that the victims were killed by a bomb thrown from a Colombian Air Force plane during a December 1998 raid against the FARC. Dr. Peña's autopsies confirmed this suspicion. Soon after performing the examination, Dr. Peña began to be harassed by the military. In 2002, a military official publicly stated that Dr. Peña had been treating FARC rebels.

Government officials deny that the arrest is related to the autopsies or is politically motivated. However, Dr. Peña's lawyers disagree and contend that whether he was arrested for his medical treatment of the woman or for the results of the 1998 autopsies, the arrest is illegal. They consider this a case of medical ethics and not of public security. Treating an individual who may be related to a member of an armed group is not against the law and is, in fact, consistent with international medical ethics. Targeting an individual for conclusions drawn from a medical examination is also illegal and in violation of international human rights standards.

(Sources of information for this case include: personal interview with a friend of Dr. Peña and El Tiempo, Bogotá.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Non-International Armed Conflicts (Protocol II)

• Article 9: Protection of medical and religious personnel (1) Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

The Human Rights Defenders Declaration

• Article 9: To the same end, everyone has the right, individually and in association with others, inter alia: (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.
• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 6(c): Everyone has the right, individually and in association with others: To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.

Universal Declaration of Human Rights

• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Urging the government to release Dr. Ciro Alejandro Peña, as it appears that his arrest is in violation of international medical ethics and human rights standards;
• Expressing your concern that medical doctors may be at risk of arrest or harassment for performing their jobs;
• Requesting that the government take all steps to ensure that the principles of medical neutrality are respected.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Señor Presidente Andres Pastrana
Presidente de la República
Palacio de Nariño
carrera 8 No. 7-26
Santafé de Bogotá, Colombia
Fax: 011 57 1 286 7434 / 284 2186 / 337 1351
Salutation: Dear President Pastrana:

COPIES SENT TO:

Ambassador Luis Alberto Moreno
Embassy of Colombia
2118 Leroy Pl., NW
Washington, DC 20008

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

Main | CSFR Letters | Science and Human Rights Program