memorandum of justification concerning human ... - Just the Facts

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and offered a reward for the capture of rogue DAS officials it claims were behind the
illegal activities. The Prosecutor General‘s Office continues to investigate the
allegations, and it is unclear at this time to what level of the Colombian government any
orders can be traced. The conclusion of Prosecutor General Iguaran‘s term in office on
July 31, 2009, worries human rights groups, who fear this may delay the investigation.
The importance that the Prosecutor General‘s Office has placed on prosecuting
these crimes is a positive step for Colombia. This investigation will likely be an ongoing
concern in Colombia for some time. In fact, media reports allege that illegal wiretapping
and surveillance by the DAS continues to date. It is vital that the Office conduct a
rigorous and thorough investigation in order to determine the extent of these abuses and
hold all actors accountable.
Prosecuting Crimes Against Labor Union Members
The Colombian government continues to take seriously crimes of violence and
threats against labor union members. From October 1, 2007, to May 20, 2009, 8 the Labor
Sub-Unit within the Prosecutor General‘s Office was working on 1,304 cases of violence
involving 1,546 members of labor unions, 61 of which fall under the new oral accusatory
system. Out of these cases, 617 are homicides (824 victims) and 289 are threats. Of the
1,304 cases, 610 are in the preliminary investigation stage (suspect unknown), 245 are in
the instruction phase (suspect known), and in 355 the suspect has been identified and
placed in preventative detention. Charges were filed in 124 cases, 142 cases were
pending the formulation of charges for an anticipated sentence, and 153 convictions were
issued, in which 193 people were sentenced. Of these convictions, 13 were under the
new oral accusatory system. Convictions in labor-related cases have increased
dramatically in the last decade, with 36 percent of the convictions reached in that time
period occurring in 2008 and 2009.
Regarding the 187 priority cases chosen by Colombia‘s three largest labor unions,
as of May 2009, 9 the Labor Sub-Unit continued to work on 185 of the cases (in 2008,
two of the priority cases were removed because they were found not to be union-related).
Of the 185, 94 were in the preliminary investigation stage, 62 were in the instruction
phase, convictions had been reached in 18 cases, 7 cases were in the trial stage, and 3
were closed due to lack of evidence or bureaucratic reasons. In total, in the 185 cases, 53
sentences had been handed down (8 against individuals participating in the Justice and
Peace Process, or JPP, with 69 people being convicted of crimes.
8 Time period available as of June 15, 2009. The Labor Sub-Unit began its work in October 2007.
9 Time period available as of June 15, 2009.
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