PBI UK raises concerns about threats to Colombian lawyers
In a letter to the Colombian authorities, PBI UK has joined the Colombian Caravana, ABColombia and the International Office for Human Rights Action on Colombia (Oidhaco) in voicing concerns about the recent threats against Ms Yessika Hoyos Morales, Mr Mora León, and Andrea Torres Bautista.
On 26 May 2022, Ms Hoyos Morales received a threatening letter on her cell phone, which alludes to her work as the representative for Mr Alfonso Mora León, father of Mr Jenner Alfonso Mora Moncaleano, a victim who was killed in the Mondoñedo massacre carried out by members of the Dirección de Investigación Judicial (DIJIN) unit of the National Police. At that time, Mr Mora León also received a similar threat on his cell phone.
Previously, on 25 May, Ms Hoyos Morales discovered that there had been an illegal entry into her home, during which her personal belongings were interfered with, and her door was left open. This act of intimidation and the threats have been brought to the attention of the Colombian authorities.
This is the second time that Ms Hoyos Morales and Mr Mora León have received threats during or after hearings of the Mondoñedo massacre. On 11 June 2021, two threatening texts were sent to them following the culmination of a series of reserved hearings in the Special Jurisdiction for Peace (JEP), regarding the Mondoñedo massacre.
We are also concerned about the theft of sensitive information from the Nydia Erika Bautista Foundation (Fundación Nydia Érika Bautista –FNEB) and sub-director and lawyer Andrea Torres Bautista.
On 5 June, a man broke into the office of FNEB in Bogotá and stole sensitive information from the premises. The information related to cases of enforced disappearance and sexual violence by the Army’s 20th Brigade, and included highly sensitive testimonies from victims and witnesses, which could put them at risk. The incident occurred a couple of days after the FNEB handed in a report to the Colombian Truth Commission (CEV) created under the Peace Agreement. Previously, on 21 May, Ms Andrea Torres and her family were taken against their will, and temporarily kidnapped in a taxi and robbed of their belongings. The incident happened at a moment when Ms Torres had exceptionally sent away her state-provided bodyguards. After the robbery, Ms Torres and her family members’ email accounts were hacked.
We are very concerned that the incidents occurred in the context of, and related to, the work of the organisations and lawyers who work in the transitional justice system, in particular, FNEB’s work with the Truth Commission and Cajar’s work with the JEP regarding the Mondoñedo massacre, perpetrated by members the National Police’s DIJIN judicial intelligence unit.
It is of the utmost importance that the safety of lawyers and other human rights defenders is ensured, in order to allow them to play their part in a healthy democratic society, which has at its core the rule of law and due process. With this in mind, PBI UK, the Colombia Caravana and ABColombia wish to point to Colombia’s international obligations pursuant to the American Convention on Human Rights.
Furthermore, we draw attention to Articles 16, 17 and 18 of the UN Basic Principles on the Role of Lawyers (1990), and to the UN Declaration on Human Rights Defenders, Document A/RES/53/144 (adopted by the UN General Assembly on 8 March 1999).
In light of these commitments and the concerns raised above, we call on the Colombian Government and relevant State authorities to:
Adopt a comprehensive public policy that provides guarantees for the safety of lawyers, human rights defenders, and victims and for their work in upholding the rule of law and the JEP.
Diligently investigate and prosecute the material and intellectual authors of the threats and attacks against victims and their representatives, as well as more than 100 attacks against members of Cajar, which have not resulted in those responsible for these crimes being brought to justice.
Strengthen and provide adequate protective measures to Ms Hoyos Morales and all members of Cajar, to Ms Torres, her family members, and all members of the FNEB, and to other human rights lawyers at risk of harm, in accordance with their wishes and needs.
Provide adequate protective measures to Mr Mora León, father of Mr Jenner Alfonso Mora Moncaleano, a victim in the Mondoñedo massacre, in accordance with his wishes and needs.
Ensure that all lawyers and human rights defenders are able to carry out their duties without fear of intimidation or harassment against themselves or their family members.
Ensure that the JEP takes into account and follows up on these serious events which threaten the procedural guarantees of the victims and hinder the search for truth and justice.
While we are not acting directly on behalf or as representatives of Ms Hoyos Morales or Ms Torres, we stand in solidarity with Cajar and FNEB, in order to protect their safety and their legal work, which are necessary to building long-lasting peace in Colombia and upholding the rule of law
