E/CN.4/1991/17
page 14
units without finding any testimony or documentary evidence concerning the
arrest and torture of Mr. Agredo Jimenez. The Prosecutor's Office therefore
did not institute a formal administrative investigation, since there was no
proof of the facts complained of. With regard of the cases of Rodolfo
Hernandez and Efrain Gomez, it was reported that officials of the
Administrative Security Department (DAS) visited Mr. Gomez in the Bucaramanga
Model Prison and asked him and Mr. Rodolfo Hernandez whether they had been
subjected to ill-treatment; the two prisoners replied that they had not been
ill treated by the soldiers while they were in the BR-5 facilities.
Subsequently, when efforts were made to obtain a written record of their
statement, they refused to give it to DAS.
45. On 20 March 1990, the Special Rapporteur sent an urgent message to the
Government of Colombia concerning the following trade union members:
Hector Castro, Toribio Bohorquez, Simon Duque, Henry Hurtado Guerrero,
Luis Serna Carvajal, Jorge Eliecer Baylon Hernandez, Maria Elizabeth Suarez,
Luis Orlando Salazar Gallego, Eli de Jesus Quebrada Trejos, Hector Eduardo
Castro Hernandez, Harold Roberto Ruiz Moreno and James Lozano Dias. According
to the information received, these persons were allegedly being held in the
premises of the Administrative Security Department (DAS) in Call, where they
had been subjected to torture or ill-treatment. Two other trade union
members, William Arley Escobar and Clotario Adrada, were allegedly being held
at the Judicial Police (SIJIN) Station in Call.
46. On 24 April 1990, the Government of Colombia informed the
Special Rapporteur that, on 2 March 1990, the Call Regional Prosecutor's
Office reported that it hired an investigator, who went to the Brigade
premises where the trade union members were being held and determined that
they were in good physical condition. On 14 March 1990, the Call Regional
Prosecutor's Office reported that it was conducting preliminary inquiries into
alleged irregularities during the raids and in the wording used in Decrees
No. 180 of 1988 and No. 1859 of 1989. It also provided assurances that, once
the investigations being conducted in accordance with the legislation in force
in Colombia have been completed, the national Government will report to the
Special Rapporteur.
47. On 20 July 1990, the Special Rapporteur sent the Government of Colombia
an urgent message concerning Juan de Dios Moreno and Licinio Renteria, banana
plantation workers who were arrested on 28 June 1990 by members of the
Infantry Battalion in Apartado, Antioquia, and accused of collaboration with
guerrilla groups. According to the information received, they were taken to
the regional military barracks where they were interrogated under torture.
Fears have been expressed that they might continue to be in danger of being
tortured.
Government letters and replies
48. On 6 December 1990, the Government of Colombia provided the
Special Rapporteur with information on two of the cases referred to in his
letter dated 19 April 1989 (see document E/CN.4/1990/17, para. 46). With
regard to the cases of Marisela Margarita Cuello Villamil (not Hernandez) and
Argiro Alonso Avendafio Palacio, it reported that the Prosecutor's Office for
the Defence of Human Rights made a special visit to the Seventh Court of
Public Order in Medellin. The visiting lawyer from the Attorney-General's
Office spoke with the persons concerned, noting that there had been no
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