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COL14907-021106
COLOMBIA: Conscientious objector Andrés Daniel Giraldo detained by military
On 1 November, declared conscientious objector Andrés Daniel Giraldo
has been detailed by the military. He was travelling on the
Bogota-Medellin road, when he was stopped by a squad of soldiers at
Facatativa, and asked for his military papers. As a declared
conscientious objector, Andrés Daniel Giraldo does not have any
military papers. However, the soldiers did not understand his arguments
and detained him. They brought him to the military base of Guaduas -
Timate, where he has been kept at the time of writing. However, he will
be transferred to the 38th infantry battalion Miguel Antonio Caro in
Facatativa, his "designated" unit, where he will be medically examined.
It will then be decided if he will be ordered to serve in this
battalion, or somewhere else.
Andrés Daniel Giraldo was able to talk by phone to activists of his
group, Red Juvenil de Medellin. According to information from Red
Juvenil, he is calm and determined to disobey any orders from the
military.
According to Colombian and international law, recruitment by
detention as practised in his case is illegal, although it is common
practise in Colombia. The present detention of Andrés Daniel Giraldo is
therefore arbitrary.
Although Art. 18 of the 1991 Constitution states that "(...) freedom
of
conscience is guaranteed. No one will be obliged to act against their
conscience", Colombia does not recognise the right to conscientious
objection.
According to a 1945 Law, those who fail to respond to call-up are
considered remiss (remiso) and cannot enter university or obtain a
passport (Ley 1a de 1945). Those who refuse to perform military service
are considered deserters.
The penalties for desertion are prescribed by arts. 115 to 117, Chapter
III, of the Military Penal Code. Art. 115 prescribes a penalty for
desertion of six months' to two years' imprisonment. If the desertion
occurs in wartime, during a domestic uprising or public unrest or while
in the vicinity of rebel forces the punishment may be doubled (art.
116). If a deserter returns voluntarily within eight days of desertion
the penalty may be reduced by a half (art. 117).
The present situation of Andrés Daniel Giraldo is unclear. It is not
know whether he is still at the base of Guaduas - Timate, or whether he
has been transferred to his unit in Facatativa. However, it is clear
that he is at danger of being forced to perform military service, or to
be prosecuted for disobeying orders. There is a high risk of verbal or
physical abuse.
War Resisters' International calls for urgent protest faxes to Mayor
General Hernando Alonso Ortiz Rodriguez, second in command of the
Colombian Army, Tel. +57-1-2660225, Fax +57-1-2660243.
War Resisters' International calls for the immediate release of
Andrés Daniel Giraldo.
More information will follow as soon as it becomes available.
Andreas Speck
War Resisters' International
wri-irg.org