5 reasons why spurious criminal charges against human rights defenders amount to persecution:
PBI, through its work accompanying human rights defenders and as international observers, is witnessing, with concern, an ongoing pattern in Colombia of harassment of human rights defenders evidenced by spurious criminal charges based on unfounded accusations. This practice has a detrimental effect on their security and fundamental rights, and hinders their valuable work. PBI believes there is a need for this issue to receive further attention by all individuals and institutions involved in the protection of human rights defenders.
1.Spurious criminal charges diminish human rights defenders’ activities
The organisation is forced to put its work in defence of human rights to one side to dedicate time and human and financial resources to its own defence. The organisation is weakened still further if the specious charges are aimed at its directors, coordinators or people with particular skills.
From January 2006 to April 2007 Principe Gabriel González, coordinator of the Santander branch of the Committee in Solidarity with Political Prisoners was held under arrest until acquitted by a first instance court. Meanwhile, the NGO’s branch office - left with no coordinator - had to considerably reduce its activities.
2.Spurious criminal charges against human rights defenders cast doubt upon the credibility and legitimacy of their work
Public smears related to such unfounded criminal charges stigmatise the defenders and call into question their credibility and legitimacy. They also create an environment of widespread suspicion of human rights defenders.
In 2003 an army official convened a press conference during which it was alleged that communities in Cacarica (Chocó) and the Inter-Ecclesiastical Justice and Peace Commission had connections with the guerrilla. This false accusation was amply disseminated in the media, although the authorities were unable to prove the charges.
3.Spurious criminal charges against human rights defenders can lead to attempts on their lives
A spurious criminal charge in which human rights defenders are falsely accused of collaborating with the guerrilla exposes them to the risk of reprisal attacks by armed actors, especially by paramilitaries.
In June 2004, Alfredo Correa, a university professor and human rights defender, was charged with rebellion, imprisoned for three weeks, acquitted, and murdered only a few months after his release.
4.Spurious criminal charges against human rights defenders create fear and distrust
The relatives of human rights defenders, their community and the beneficiaries of their work fear being persecuted in the same way. This can reduce support for human rights defenders and reduce public participation in their projects. Forced displacement increases isolation and distrust but is for many the only alternative.
In 2004 members of the band Pasajeros that produces social protest songs, were detained under charges of rebellion and conspiracy. Six months later they were released without charge but were forced into exile for security reasons.
5. To attack human rights defenders is to attack the whole of society
Human rights defenders often defend groups as diverse as women, young people, workers, victims, peasant farming communities, indigenous communities, Afro Colombians and displaced people. To reduce a human rights defender’s capacity to work is to affect all those who depend on his or her support.
“Human rights-sensitive interpretations and application of constitutional principles and the law by the judiciary can be a decisive factor in securing [human rights defenders’] protection from harassment by the use and abuse of judicial procedures.”
Hina Jilani, Special Representative of the UN Secretary-General for Human Rights Defenders
Para más información ver "Human Rights First, Colombia’s Human Rights Defenders in Danger, September 2007"