Alirio Uribe, CCAJAR.

In a conversation with PBI, lawyer Alirio Uribe talks about the criminal proceedings against David Ravelo, economist, human rights defender and member of the Regional Corporation for Human Rights Defense (CREDHOS),[1] jailed since September 2010. Ravelo faces the charge of aggravated homicide based on the testimony of the ex paramilitary leader Mario Jaime Mejía, alias 'El Panadero', processed under the protection of Law 975 and confessed material author of the 16 May 1998 massacre in Barrancabermeja.[2] Alirio Uribe has been a member of CCAJAR for more than 20 years and also defended David Ravelo between 1994 and 1995 when he was imprisoned for 27 months and later acquitted. Alirio Uribe is again defending him against the current charges.

PBI: What are the accusations against David Ravelo and upon what are they based?

Alirio Uribe: The initial charges were for rebellion, conspiracy to commit a crime and premeditated murder. It was demonstrated that he had already been tried for rebellion in a secret case in 1993 and of which, after being arbitrarily detained, he was acquitted. We were also able to prove that conspiracy to commit a crime had never existed and if it had [the statute of limitations] had expired. In this moment the only charge that he has is the worst of the three: homicide.

The homicide for which Ravelo is currently being accused occurred in April 1991, the same period during which he was accused of being a member of the FARC, of which he was acquitted. Despite this acquittal, he is again being accused of having been with the FARC and serving as the FARC’s politician in Barrancabermeja, and that as a result of this he participated in a meeting in which the murder of David Núñez Cala was ordered.[3]

PBI: How has the criminal case proceeded since his imprisonment?

AU: In September 2010 he was captured, and when we were in the middle of the presentation of evidence, the investigation was closed, impeding an adequate defense of David Ravelo. This seems absurd to us. First, because there wasn’t an adequate possibility to present evidence since several pieces of evidence were denied, others weren’t admitted and others were admitted but weren’t presented. This is why we consider it a serious violation of due process. And second, because the Public Prosecutor has only focused on the version of the criminals – alias ‘El Panadero’ and Fremio Sánchez – despite the fact that there is abundant evidence in support of David Ravelo was presented. What is most concerning is the amount of credibility that the Prosecutor grants to those individuals. It is no secret that paramilitary groups in Barrancabermeja and in the entire country have declared human rights defenders military objectives, and ordered their murder, and now they are doing so legally, that is to say it is the same attack but through a criminal case, by saying: “I killed Núñez Cala and David Ravelo was the one who gave the order.” For us this is contradictory, and we find ourselves doomed to participate in a case against a human rights defender.

What is worrisome is that the same demobilised paramilitaries have already hurt other people in Barrancabermeja. This opens a door through which the paramilitaries who have always attacked human rights defenders can begin to take revenge, legally speaking, making false accusations against human rights defenders. This is why it is very important to react vehemently to this tactic of using the justice system, particularly one that has not been impartial, because it is the Terrorism Unit [of the Public Prosecutor’s office] that has permitted the criminalisation of many social sectors in this country.

PBI: Do you think this criminal case is related to his work in human rights?

AU: I don’t have any doubt that it has to do with David Ravelo’s life’s work. It is true he was a member of the Communist Party and the Patriotic Union, and it is true he later became a human rights defender. So what he has is a bill accumulated against him for his involvement and his political leadership; for what he did when he was a councilmember and a community leader and for what he has been doing for the last few years as a human rights defender. They are paying him back, I am sure, for his 25 years of social, political and human rights work in the Magdalena Medio region.

PBI: How are Ravelo’s prison conditions?

AU: He is on a floor with 900 prisoners and he, given his age and his social leadership, is already doing human rights work in the prison. David has not stopped being a human rights defender for even one day despite being in jail, and this is very worthwhile. He was named human rights delegate on his floor. This is very positive because it reflects his humanity and his role as a human rights defender. But for me it is terrible that he is in prison. When one talks with him in jail, one can see that his morale is very high. He sends messages about when I should visit him so I don’t interrupt his work within the prison. So I would say that the daily prison conditions are good, considering the prisons in Colombia. He is enduring imprisonment, but with much dignity.

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

AU: He needs support in jail, but he also needs a lot of pressure put on the Government and Prosecutor General because we cannot allow a human rights defender to be accused of such grave crimes and in such a fearful manner, since this could spread. That is to say, tomorrow any one of us could be accused. According to the Government 35,000 paramilitaries have demobilised. And we have the case of Carmelo Agámez, accused of paramilitary activities, which doesn’t make any sense for a human rights defender.

I think that we have to demand freedom for David, and demand that due process be respected, as well as to mobilise for all the jailed human rights defenders. David needs solidarity. We lawyers are doing we have to do. I got him acquitted in 1995 when I was his defense lawyer, but after 27 months in prison I had hoped that this time he wouldn’t be jailed for so long and that he would again be acquitted. In fact it is important that you know that the Prosecutor General was ordered to compensate David Ravelo for his previous detention because it was proven to be arbitrary. I think that a level of pressure has to be maintained, and to believe in the truth. And the truth is that David has been a member of the Communist Party, of the Patriotic Union, a civil leader, a community leader, Secretary of the Santander Department Assembly, Councilmember of Barrancabermeja, and human rights defender and member of CREDHOS. And this is the truth for me and should be the truth for all, and we have to defend this truth and defend the innocence and liberty of David.