Leonardo Jaimes Marín, member of the Committee in Solidarity with Political Prisoners (FCSPP).

Carolina Rubio, a worker in the Santander office of the Committee in Solidarity with Political Prisoners (FCSPP, the Committee) since 2002, was arrested the 16 November 2010. Her detention took place just a few days after she returned from Belgium where – with the support of the International Office for Human Rights – Action on Colombia (OIDHACO) – she spoke with Belgian senators and members of the European Commission as well as with various representatives of permanent members of the European Union in order to request that they demand a real change from the Colombian government with respect to human rights. Given that Rubio was pregnant, the Prosecutor postponed the detention order for a few days later; however, the criminal proceedings against her continue. Carolina Rubio is accused of the crime of rebellion for acts supposedly committed in 2002 and 2005, and of belonging to the Revolutionary Armed Forces of Colombia (FARC). PBI spoke with her lawyer, Leonardo Jaimes Marín about the criminal proceedings.

PBI: What are the accusations against Carolina Rubio?

Leonardo Jaimes Marín: In the investigation, charges were brought against her for the crime of rebellion. The crime of rebellion is used to prosecute a good number of human rights defenders in Colombia. Carolina is not the first; other members of the Committee have been prosecuted and they are always charged with rebellion. That is to say, this is the constant stigma of this work. In addition, it’s important to note that the Committee was victim to illegal wiretapping by the DAS.

In Santander mass arrests of peasants, workers, and residents is very common and are always based upon declarations from people known as ‘the reintegrated’, that is, former members of the guerrilla who seeks economic and legal benefits. But after undergoing cross-examination, it all falls apart and the vast majority of the victims of the mass arrests are freed a few days or a few months later. Unfortunately, their names, their faces and their images have been shown all over the news, and this increases their risk level since so many of regions where peasants live and where human rights defenders work have a heavy paramilitary presence.

PBI: What is the basis of these accusations against Carolina Rubio?

LJM: The investigators of the Regional Criminal Investigation Office (SIJIN) of the Colombian National Police brought the criminal charges against her. The grounds for arresting her are absurd. They have produced two supposed former guerrillas – because we don’t actually know if they are – and based on their testimony her arrest warrant was issued. It is important to make clear that the SIJIN investigators seek out the former guerrillas and initially hide their identity, violating constitutional and legal norms. Later, a prosecutor from the Support Office in Bucaramanga, without legally examining the validity of the testimony of these people, issued the arrest warrant.

PBI: What is going to happen now in the case?

LJM: At the moment the case is in what is called the evidence phase, which is to say that the Prosecutor asks for, presents, or admits evidence, and the defense also has the right to request or contribute evidence. The case was sent to Barrancabermeja, where the investigation continues. There is a period of six months for the evidence phase, after which time the prosecutor has to close the investigation and qualify the summary, that is to say decide if there is merit to send the case to trial or if the case should be closed.

PBI: Will Carolina Rubio have to return to jail?

LJM: The warrant says that if the case hasn’t ended six months after the baby is born, she will be subjected to house arrest. At this moment the arrest order is suspended given the birth of the baby, but Colombian law says that after six months she will be submitted to house arrest.