E/CN.4/1995/111
page 19
areas where there is armed insurgency as supporters or even members of
guerrilla groups and thus as the enemy. Many reports of human rights
violations by the military brought to the attention of the Special Rapporteur
refer to the killing of unarmed civilians, either in indiscriminate operations
against civilian settlements or in isolated incidents which do not involve
armed confrontation. The Special Rapporteur was informed by the civilian
authorities in Arauca that guerrillas captured by the security forces or
those who surrender voluntarily to them - sometimes reportedly for fear of
ajusticiamiento on the part of the insurgents - are used by the military as
so-called "agentes de control" for intelligence operations and for the
extrajudicial killing of persons implicated with the guerrillas. In many
cases, civilian victims of extrajudicial executions are presented to the
public as guerrillas killed in combat. The principal victims of such acts are
said to be peasants and members of civic associations, particularly trade
unions, which are perceived as infiltrated by the insurgents. The Special
Rapporteur received numerous accounts of violations of the right to life,
including extrajudicial executions and death threats, by members of the
security forces against leaders and members of such associations, particularly
the teachers’ union Asociación de Educadores de Arauca (ASEDAR) (Association
of Teachers of Arauca). Cases of forced disappearance and torture, including
the rape of women, by members of the security forces were also brought to the
attention of the Special Rapporteur.
59.
One of the most salient recent cases of human rights violations by
members of the security forces was the killing of 10 civilians, mostly
fishermen, from the village of Puerto Lleras by soldiers from the Artillery
Group No. 19 Revéiz Pizarro of the Colombian Army on 3 January 1994. The
massacre was said to have been carried out in reprisal for a guerrilla attack
against a military base earlier on the same day, in which three soldiers had
died. On 4 January 1994, the armed forces issued a press release informing
the public that an armed confrontation had taken place which had led to the
death of various persons. However, an investigation by the Procuradoría
General de la Nación led to the initiation of judicial proceedings against six
officials and three soldiers before Military Penal Court No. 124 in Saravena.
To date, no sanction, either disciplinary or penal, is known to have been
imposed.
60.
During 1993, a paramilitary group emerged in the region of Saravena under
the name of "Autodefensas del Sarare". As its members operate using hoods to
conceal their faces, it has come to be widely known as "Los Encapuchados".
According to the military commanders of the region, they are a self-defence
group established by peasants to counter pressure from the insurgents.
However, inhabitants of the area told the Special Rapporteur that the
"Encapuchados" were actually members of the military. Reportedly, on one
occasion when they detained civilians, eye witnesses identified one of them as
an official of Artillery Group No. 19 Revéiz Pizarro and two others as
civilians, guerrilla ex-combatants who were working with the military in
intelligence operations. A few days later, the official recognized by the
witnesses was found dead in the barracks, apparently having committed suicide.
During his meeting with the military authorities of the department the
Special Rapporteur was told by the commander of the Revéiz Pizarro battalion
that the "Encapuchados" were a self-defence group and the allegations
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