A.
Context of human rights violations against trade unionists in Colombia and the forced
disappearance in the context of the armed conflict
12.
Since the early sixties, the Armed Forces adopted as own the so called “national security
doctrine,” which was taken by Decree 3398 of 1965, which subsequently became Law 48 from 1968 named
“Organic by-law of National Defense” (Estatuto Orgánico de Defensa Nacional).3 According to a report of the
National Centre of Historical Memory, apart from such Law, there were regulations and counter-guerrilla
military manuals4 that constituted a context by which the concept of “internal enemy” (...) thoroughly overtook
the spectrum of the guerrilla groups and extended to all sorts of political, social or dissident oppression,
including the union movement.5 This regulation was in force when Pedro Julio Movilla Galarcio disappeared.
Moreover, there is information that indicates that, at least in the year 2009, some of these manuals were still
applicable.6
13.
This notion of internal enemy within the doctrine of national security was recognized in 1994
in a Joint Report of two United Nations Special Rapporteurs who after their visit to Colombia indicated the
following:
It seems that the armed forces continue implementing an anti-subversive strategy based on
the concept of “national security,” by virtue of which every person who is known to be related
to the guerrilla, or who is a suspect, is considered as an internal enemy. According to the
information received, in the zones qualified as “red zones,” where insurgents act and where
armed conflicts take place, the security forces consider that practically all civilians collaborate
with subversion (...) The category of “internal enemy” applied to any person considered to
support the guerrilla in any or other way (even if the insurgents make use of force to obtain,
for example, food or money from civilians) has extended, so it seems, to all those who express
dissatisfaction towards the political, social and economic situation, mainly in rural areas.
Consequently, the leaders and union members, political parties of the political opposition,
human rights organizations, social workers, etc., have been the main victims, together with
the rural workers, the main victims of human rights violations in armed conflict zones.7
14.
In effect, in its Second Report on the Human Rights Situation in Colombia, the Commission
highlighted that since the creation of the United Workers Trade Union Federation (Central Unitaria de
Trabajadores de Colombia, CUT) on November 1986 and until May 1990, 538 activists and union members have
been murdered and have disappeared.8
Tracks and Faces of the Forced Disappearance (1970-2010). Volume II. National Centre of Historical Memory. Case 4. Víctor Manuel Isaza
Uribe: Forced Disappearance and Anti-union Repression.
4 Tracks and Faces of the Forced Disappearance (1970-2010). Volume II. National Centre of Historical Memory. Case 4. Víctor Manuel
Isaza Uribe: Forced Disappearance and Anti-union Repression. This report highlights the following: a) Counter-guerrilla combat
regulations – EJC 3-10, of the General Command of the Military Forces, Ruling No. 005 from April 9, 1969; b) The Manual of urban
guerrilla and counter-guerrilla – EJC 3-18 of the National Army, Ruling No. 00006 from 1977; c) The general instructions for counterguerrilla operations from the General Command of the Army from 1979; d) The Manual ECJ-3-101 of the General Command of the Army
from June 25, 1982; and e) Counter-guerrilla combat regulations – EJC-3-10, from the General Command of the Armed Forces, of 1987.
5 Tracks and Faces of the Forced Disappearance (1970-2010). Volume II. National Centre of Historical Memory. Case 4. Víctor Manuel Isaza
Uribe: Forced Disappearance and Anti-union Repression.
6 See. Council of State. Contentious-Administrative Chamber. First Section. February 5, 2009. Record 11001-03-15-000-2008-01400-01.
Actor, Javier Giraldo Moreno. The following manuals are highlighted by the petitioners: Counter-guerrilla combat regulations – EJC 3-10,
of the General Command of the Military Forces, Ruling No. 005 from April 9, 1969; b) The Manual of urban guerrilla and counter-guerrilla
– EJC 3-18, of the National Army, ruling No. 00006 from 1977; general instructions for counter-guerrilla operations from the General
Command of the Army from 1979; The Manual ECJ-3-101, of the General Command of the Army from June 25, 1982; and Counterguerrilla combat regulations – EJC-1-10, from the General Command of the Armed Forces, of 1987. Cfr. National Centre of Historical
Memory (2013). pp. 133-136. In the same way, they illustrated the statement of the expert Mr. Alberto Yepes proposed by the IACHR at
the Hearing of the case Isaza Uribe vs Colombia, dated January 31, 2018.
7 Tracks and Faces of the Forced Disappearance (1970-2010). Volume II. National Centre of Historical Memory. Case 4. Víctor Manuel Isaza
Uribe: Forced Disappearance and Anti-union Repression. Quote. Joint Report of the Special Rapporteur in charge of the torture matter, Mr.
Nigel S. Rodley, and of the Special Rapporteur in charge of extrajudicial, summary or arbitrary executions, Mr. Bacre Waly Ndiaye.
E/CN.4/1995/111 of January 16, 1995.
8 IACHR. Second Report on the Human Rights Situation in Colombia. OEA/Ser.L/V/II.84 Doc.39 rev., October 14, 1993, Chap. VIII.
3
3