PBI: What are the charges against David Ravelo? On what grounds are they based?

Alirio Uribe: As many people know, David Ravelo Crespo is a human rights defender with CREDHOS from Barrancabermeja. He has been active in social and community affairs for more than thirty years. Currently, several people who are connected to paramilitary groups, and in the past were associated with the FARC, are behind the charges against him. Initially, he was charged with rebellion, conspiracy to commit a crime and the murder of Mr. David Núñez Cala. He was already tried for rebellion by a secret court in 1993. He was arbitrarily detained, tried, and acquitted of this charge. It was also proven that conspiracy to commit a crime did not take place. Even if it had, the statute of limitations would have taken effect. Now he only faces the charge of murder, which is the most serious of the charges. These charges against him are very serious, especially since this concerns an individual who has fought for life and human rights for many years. It is really quite serious that he has been maliciously charged with an act as serious as ordering the murder of a person.

How has the case evolved since his imprisonment?

AU: This is an important issue. The murder for which he is being charged occurred in April 1991. This was also when he was charged with being a member of the FARC, though he was acquitted of this charge. Despite the acquittal, he has been charged once again with belonging to the FARC. They claim he was a FARC political leader in Barrancabermeja, and that he participated in a meeting in which David Núñez Cala’s murder was ordered. This is the specific charge. Strangely, an arrest warrant was issued against him 19 and a-half years later. The defence has requested many pieces of evidence, including testimony, records and documents. Initially, much of this evidence was rejected. A lot of other evidence was never examined. Since the statute of limitations was going to take effect, the Prosecutor’s Office suddenly closed the investigation, which prevented the examination of evidence for the defence. Simply put, since July 2008, when alias “El Panadero” claimed that David Ravelo had participated in David Núñez Cala’s murder, the Prosecutor’s Office began to investigate and examine evidence against David Ravelo. In September 2010, he was arrested. While the evidence was being examined, the investigation was closed, which prevented David Ravelo’s suitable defence. What is the situation presently? We objected to the closure of the investigation. Yesterday, on January 17, David Ravelo was notified in jail that the investigation would remain closed, which means that motions will have to be filed. Taking into account the actions taken by the prosecutor, it is a given that he will be called to trial for murder.

For us, this is an aberration because we have not been able to adequately examine the evidence; some evidence was rejected; other evidence was not even admitted. Adicional evidence was admitted, but was not examined. Consequently, we believe that due process has been seriously violated. Additionally, even though much evidence supporting David Ravelo’s defence has been examined, the Prosecutor’s Office has only focused on evidence provided by criminals. We are talking about “El Panadero” (David Ravelo had spoken out against him and accompanied the family members of the victims of the massacres on May 16 and February 28) and Fremio Sánchez (who has also been accused of these crimes), as well as other secondary witnesses including such paramilitaries as Julian Bolívar who came to the area years after this murder. Nonetheless, he has recklessly claimed that David Ravelo was involved with the FARC and the murder. 

What concerns us is that the Prosecutor’s Office gives full credibility to these individuals. It is common knowledge that human rights defenders have been declared military objectives and even ordered to be murdered by paramilitary groups in Barranca and throughout the country. Now they are doing this through legal actions. In other words, it is the same attack but in a legal setting. For instance, they admitted to killing Mr. Núñez Cala, but claimed David Ravelo was one of the people who ordered the murder. For us, this is quite contradictory. We are obliged to go to trial against a human rights defender. It is concerning that these demobilized paramilitaries have already named other people involved with human rights organizations in Barrancabermeja. Obviously, this could create an opportunity for paramilitaries (who have always attacked human rights defenders) to seek their revenge through legal actions, making false accusations against human rights defenders. The use of the justice system in this manner must be vigorously rejected, especially since it has not been impartial. The Prosecutor’s Terrorism Unit has criminalised many social sectors in this country, including other human rights defenders, trade unionists, and social and community leaders. For us, the Prosecutor’s Office is not sufficiently independent. This is reflected in the prosecutor’s line of questioning. He asks about the relationship between the Patriotic Union and the FARC. Many things demonstrate the manner in which the Prosecutor’s Office is conducting the investigation.

PBI: Do you believe this is a baseless prosecution meant to stop David Ravelo’s human rights work?

AU: Without a doubt, this investigation has to do with the work David Ravelo has carried out throughout his life in the region. Today he is being charged for crimes investigated twenty years ago. He is being charged for crimes he was acquitted of fifteen years ago, which concerned his membership in the Communist Party and the Patriotic Union. Even though he has already been acquitted of being an urban political leader of the FARC, he is now being prosecuted for allegedly participating in the meeting in which David Núñez Cala’s murder was ordered. This is when the persecution began. When Mr. Ravelo was a council member he also spoke out against the paramilitary take-over of the city government and council. He spoke out against certain council members and politicians with ties to paramilitary groups in Barranca. As such, these imprisoned politicians and paramilitaries (who CREDHOS has spoken out against for years) are now providing testimony to the Prosecutor’s Terrorism Unit. This unit is not democratic or impartial. And now, pardon the expression, they are cooking up a trial against a human rights defender. This is very serious. In my opinion, the worst that can happen to a country is that a human rights defender is convicted for murder, since a human rights defender protects life. Undoubtedly, David Ravelo was a member of the Communist Party. Undoubtedly, David Ravelo was a member of the Patriotic Union. He was a leader, candidate and elected official for those political movements. Undoubtedly, David Ravelo later became a human rights defender. Accordingly, he now has to pay for it all—for his political activity, for his political leadership, for his time as a council member, for his role as a community leader, and for what he has been doing as a human rights defender. He has to pay for the social, political and human rights work he carried out in the Magdalena Medio over the last twenty-five years.

PBI: How have the prison conditions been for David Ravelo?

AU:  First, it is terrible to be in prison. He is being held at the La Picota Prison, which is one of the highest security prisons in Colombia. He has done fairly well. He is in a cellblock with nine hundred other prisoners. Due to his age, social leadership, and human rights work, he has continued with his human rights work in prison. In other words, he has not once stopped defending human rights for even one day, despite his imprisonment. This is of course praiseworthy, but I already have seen this side of him. In 1994 and 1995, I was his defence lawyer when he was imprisoned in Barrancabermeja for 27 months. He was the same then. At the time, he was imprisoned by a secret court with unknown witnesses. When I came to the prison to visit him, he was a leader. He would resolve problems and organise prisoners. Presently, he has been named the human rights delegate for his cellblock. This is quite positive since it shows his humanity and commitment to being a human rights defender. However, I believe it is terrible that he is in prison. When you speak to him in the prison, he seems to have a high morale. He is busy. He tells me when I should visit him so as not to interrupt his activities in the prison. I would say that generally speaking his conditions in prison are good for what is common in Colombia. However, I cannot say he is happy in prison. He is suffering in prison, but with much dignity, carrying out his work to defend human rights.

PBI: What can the international community do to support Mr. Ravelo?

AU:   First, I believe he should be accompanied in prison. He should be visited and spoken with regularly. A lot of pressure also has to be put on the government and Prosecutor’s Office. We cannot allow a human rights defender to be accused of such serious offences in such a reckless manner. This could catch on and any one of us could face similar charges tomorrow. According to the government, 35,000 paramilitaries have demobilised. There is the case of Carmelo Agamez who faces trial for paramilitary activities. It is does not make sense that a human rights defender would be prosecuted for paramilitary activities. We have to demand that David be released and that due process be respected. We have to mobilise for imprisoned human rights defenders, as well as for social leaders, civic leaders, community leaders and trade unionists. Many people have been imprisoned due to intelligence reports and baseless charges. We have to be in solidarity with David. As lawyers, we do what we have to do. When I was his defence lawyer in 1995, I was able to obtain his acquittal after 27 months in prison. I hope this time it does not take so long for him to be acquitted. It is important for you to know that the State —that is, the Prosecutor’s Office— has already been ordered to make financial reparations to David Ravelo for his previous imprisonment since it was proven to be arbitrary. I believe we have to maintain the pressure. We have to trust in the truth, which is that David has been a member of the Communist Party, the Patriotic Union, a civic leader, a community leader, a secretary of the Santander Departmental Assembly, a council member in Barranca and a human rights defender with CREDHOS for many years. For me, this is the truth. It should also be the truth for everyone else. And we have to defend this truth and defend David’s innocence and freedom.

PBI: Thank you.