Adriana Cuéllar and Corporación Colectivo de Abogados ‘José Alvear Restrepo International obligations to protect human rights defenders

Re: Adriana Cuéllar and Corporación Colectivo de Abogados ‘José Alvear Restrepo International obligations to protect human rights defenders

To: Senor Presidente Alvaro Uribe Velez

From: Heather Neun, LRWC

Date: 2003-12-09

I write on behalf of Lawyers’ Rights Watch Canada (“LWRC”). LWRC is a committee of Canadian lawyers providing support internationally to lawyers whose rights, safety, or independence are threatened as a result of their human rights advocacy.

I am writing in response to recent reports of death threats directed at Adriana Cuéllar. LWRC is gravely concerned about the safety of Ms. Cuéllar and the members of Corporación Colectivo de Abogados ‘José Alvear Restrepo’ (hereafter “Corporación Colectivo”). LWRC has received reports that on November 24, 2004, messages were left on Ms. Cuéllar’s home telephone answering machine, threatening her life. The messages contained menacing sentences such as ‘big mouth son of a bitch…’; ‘you are going to die’; ‘we’re going to sort you and your family out’ (hijueputa bocona…’; ‘te vas a morir’; ‘nos las arreglaremos junto con su familia’).

LWRC has also received a report that Ms. Cuéllar’s home was robbed the following morning. Her personal documents were searched and some valuables were stolen. These alarming incidents followed an earlier incident on October 24, 2003, when Ms. Cuéllar and a lawyer from the Corporación Colectivo were filmed and photographed by unknown men near their office.

LRWC calls for an immediate and thorough investigation into the threats, intimidation and illegal surveillance of these human rights defenders, for the results obtained to be made public and for those responsible to be brought to justice. LRWC also calls upon the government of Columbia to take swift and effective action to ensure the security of all Corporación Colectivo members so they can continue to carry out their legitimate and important work defending human rights.

Failure to protect investigate violations of the rights of Adriana Cuéllar and other members of the Corporación Colectivo and other human rights defenders constitutes an egregious breach of Colombia’s duties under binding international laws and principles including those set out in the United Nations (UN) Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights to which Colombia is a signatory and other UN declarations including the Basic Principles on the Role of Lawyers and the Universal Declaration of Human Rights. The duties to guarantee the physical safety of these people and to investigate and punish violations also arise from Colombia’s membership in the Organization of American States (OAS) and the provisions of the American Convention on Human Rights.

Please advise LRWC by mail, e-mail or fax of the actions that the government of Colombia is taking to:

1. ensure the present and future safety of Adriana Cuéllar and other members of the Corporación Colectivo, and;

2. investigate the death threats and intimidation against these human rights defenders with the goal of identifying the person(s) responsible and bringing them to trial.

LRWC awaits your response. Thank you for your attention to our concerns.