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14 July, 2005ICEM News Release No. 42/1999
Sixteen unjustly imprisoned Colombian trade unionists were released on Friday following representations by a visiting mission of the 20 million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM).
The sixteen, all members of the oilworkers' federation USO, were held without charge for several years, before being arraigned on a series of vaguely formulated terrorism charges.
They were to have been defended by prominent human rights lawyer Dr. Umana Mendoza. But just after he agreed to take on their case, Dr. Umana was murdered.
When the sixteen were brought to trial, two key witnesses for the prosecution testified anonymously and wearing masks, under Colombia's "faceless justice" system. Two other prosecution witnesses - members of the Colombian military special services - testified by name, but were subsequently found to have perjured themselves. Further checks revealed that the two "faceless" witnesses were, in fact, the same two perjurers all over again.
The judge in the case was suspended for three months for his misconduct of the trial. The special prosecutor was also relieved of his duties.
After all this, the authorities at first tried to renew the oilworkers' imprisonment - arguing that, since a gross miscarriage of justice had taken place, time was now needed to organise a proper trial!
But strong lobbying by the ICEM mission secured the workers' release. Taking part in the mission were the ICEM's Vice-President Fred Higgs, General Secretary Vic Thorpe and the international's Coordinator for Latin America and the Caribbean, Roque da Silva.
The mission met the detainees immediately after they were freed. They were, Thorpe said, "in good health, considering the circumstances."
The sending of the special mission was mandated by the ICEM Executive, amidst growing alarm over anti-union repression in Colombia. Thousands of Colombian trade unionists and other social activists have been murdered in recent years. Many others have been seriously assaulted and so, in some cases, have their families. Oil, mining and electricity unions are among those often targeted by "death squads" and other assassins. More than 120 Colombian oil union leaders and members have been murdered over the past decade.
The ICEM mission held talks with a wide range of Colombian trade unionists and public authorities, including the Labour Minister, the Deputy Minister of Energy (who is in charge of electric power), the State Prosecutor and the Procurator Fiscal.
The Colombian authorities must create the conditions for the free exercise of trade union rights, the mission insisted. Denouncing the cycle of violence perpetuated by paramilitaries, guerillas, drug barons and others, the ICEM mission emphasised the positive role of trade unions in the building of a democratic society. A number of Colombian officials privately agreed with this view. Such is the climate of terror in the country, however, that few officers of government or of justice are prepared to go on the record in support of trade unionism.
The mission did receive an assurance from the Labour Minister that any proven violations of the right to organise and the right to bargain would be investigated and those responsible would be punished.
The ICEM representatives also emphasised the international's deep concern over the way in which Colombian electricity is being privatised. In a flagrant breach of existing collective agreements, electricity workers and their unions have not been properly consulted about the privatisation process.
The sixteen, all members of the oilworkers' federation USO, were held without charge for several years, before being arraigned on a series of vaguely formulated terrorism charges.
They were to have been defended by prominent human rights lawyer Dr. Umana Mendoza. But just after he agreed to take on their case, Dr. Umana was murdered.
When the sixteen were brought to trial, two key witnesses for the prosecution testified anonymously and wearing masks, under Colombia's "faceless justice" system. Two other prosecution witnesses - members of the Colombian military special services - testified by name, but were subsequently found to have perjured themselves. Further checks revealed that the two "faceless" witnesses were, in fact, the same two perjurers all over again.
The judge in the case was suspended for three months for his misconduct of the trial. The special prosecutor was also relieved of his duties.
After all this, the authorities at first tried to renew the oilworkers' imprisonment - arguing that, since a gross miscarriage of justice had taken place, time was now needed to organise a proper trial!
But strong lobbying by the ICEM mission secured the workers' release. Taking part in the mission were the ICEM's Vice-President Fred Higgs, General Secretary Vic Thorpe and the international's Coordinator for Latin America and the Caribbean, Roque da Silva.
The mission met the detainees immediately after they were freed. They were, Thorpe said, "in good health, considering the circumstances."
The sending of the special mission was mandated by the ICEM Executive, amidst growing alarm over anti-union repression in Colombia. Thousands of Colombian trade unionists and other social activists have been murdered in recent years. Many others have been seriously assaulted and so, in some cases, have their families. Oil, mining and electricity unions are among those often targeted by "death squads" and other assassins. More than 120 Colombian oil union leaders and members have been murdered over the past decade.
The ICEM mission held talks with a wide range of Colombian trade unionists and public authorities, including the Labour Minister, the Deputy Minister of Energy (who is in charge of electric power), the State Prosecutor and the Procurator Fiscal.
The Colombian authorities must create the conditions for the free exercise of trade union rights, the mission insisted. Denouncing the cycle of violence perpetuated by paramilitaries, guerillas, drug barons and others, the ICEM mission emphasised the positive role of trade unions in the building of a democratic society. A number of Colombian officials privately agreed with this view. Such is the climate of terror in the country, however, that few officers of government or of justice are prepared to go on the record in support of trade unionism.
The mission did receive an assurance from the Labour Minister that any proven violations of the right to organise and the right to bargain would be investigated and those responsible would be punished.
The ICEM representatives also emphasised the international's deep concern over the way in which Colombian electricity is being privatised. In a flagrant breach of existing collective agreements, electricity workers and their unions have not been properly consulted about the privatisation process.