AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 22 September 2005, 21-year old chemistry student and student union activist, Jhony Silva Aranguren was killed and psychology student German Perdomo gravely injured during a protest held at Universidad de Valle, in Cali, Colombia. Students, Professors, and trade unionists were protesting the government's treatment of neighboring town Villa Gorgona, in the neighborhood of Candelaria, which had been experiencing a more than week-long cut in their potable water supply. Numerous other students are reportedly still being held by police.

Justice for Colombia, a coalition of British trade unions and NGOs, has denounced the killing of Jhony Silva Aranguren by special government security forces, the Metropolitan Anti-Disturbance Security Corps (ESMAD), during a recent peaceful protest. ESMAD reportedly broke up the demonstration using tear gas and beating students with clubs, as well as shooting at protesters with live ammunition. At least 4 other students, Andres Payan, Juan Pablo Aponte, Jairo Andres Valaquez and Monica Oliva, were arrested in by ESMAD and are currently being held without charge at the Limonar police station outside of town. Human rights defenders and union workers report that they have had similar experiences with ESMAD in the past.

In its recent report on Colombian legislation and its effects on human rights, the International Commission of Jurists charged that "the policies of the Colombian government in the last three years has contributed to the dismantling of the rule of law and to the consolidation of impunity." It especially cited the "Peace and Justice" law, saying that the processes of justice and reparation for victims of paramilitary violence have been "far from transparent and never accompanied by an effective monitoring mechanism. Rather than ending paramilitarism in Colombia, it consolidates paramilitaries' political and economic power."

(Sources of information for this case include: Justice for Colombia, International Commission of Jurists, ABColombia, Colombia Solidarity Network, UK Indymedia.)

RELEVANT HUMAN RIGHTS STANDARDS

American Convention on Human Rights

• Article 04: Everyone has the right to life.
• Article 07: Everyone has the right to personal liberty and security. No one shall be subjected to arbitrary arrest or imprisonment.
• Article 13: Everyone has the right to freedom of thought and expression.
• Article 16: Everyone has the right to freedom of association.

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.
• Article 22: Everyone shall have the right to freedom of association with others.
• Article 6: Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his [or her] life.
• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 9(3): Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
• Article 9(4): Anyone who is deprived of his [or her] liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his [or her] detention and order his [or her] release if the detention is not lawful.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Denouncing the tragic death of Jhony Silva Aranguren and severe injury of German Perdomo and requesting the government to investigate the murder;
• Expressing concern over the tactics employed by the Metropolitan Anti-Disturbance Security Corps in this and previous incidents; and
• Calling for other students arrested at the demonstration either be charged or released.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Mr. Francisco Santos Calderón
Vice President of Colombia
fsantos@presidencia.gov.co, fsantos@presidencia.
Salutation: Mr. Vice President

COPIES SENT TO:

Ambassador Luis Alberto Moreno
Ambassador of Colombia to the United States
Embassy of Colombia
2118 Leroy Place, NW
Washington, DC 20008
Fax: (202) 232 8643
emwas@colombiaemb.org, as@colombiaemb.org
Salutation: Mr. Ambassador

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.

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