co-alert
conscientious objectors need our support
COL14911-310507
COLOMBIA: Conscientious objector Carlos Andrés Giraldo Hincapié
still serving against his will
War Resisters' International visited Colombian conscientious objector Carlos Andrés Giraldo Hincapié (COL14911), who is being forced to serve against his will, at the Batallón Especial Energético y Vial No 07 during a visit to Barrancabermeja on 26 May 2007.
Carlos Andrés Giraldo Hincapié, who was recruited by force on 4 August 2006 (see co-alert from 24 November 2006), is now in his 10th month of forced military service, and has 8 more month to go. While the initial abuse stopped, he is now part of a military unit that can be sent to combat zones on short notice.
Carlos Andrés Giraldo Hincapié explains the way he was recruited: "I was conscripted by the military of Casabe on 4 August by soldier Anderson Andrés Anturi Ruíz. That day in the morning hours I was heading to the town workshop, to find a motorbike that I had in repair to head back to the path La Soledad where I live. I was in the town because I was buying some tools for doing my agricultural work. At that moment I was detained by the army and they took me against my will to the military. They said that I had to serve my military service. I explained to them that I could not serve because my family depends economically on me, that my father is incapable of working, that my brother suffers from epilepsy. And also that I have never agreed with the armed actors, I am against arms, and to have to kill someone else. They told me that those were no reasons for not serving and from that moment I was already a soldier."
Carlos Andrés Giraldo Hincapié was forced to sign three documents without being given the chance to read them. One of the documents was a paper stating that he joined the military voluntarily. However, as this paper was signed under pressure, the signature has to be considered invalid.
Three important legal aspects are to be considered in this case:
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The way of recruitment. Recruitment is regulated in Colombian law 48 of 1993. While this law requires to "clarify ones military situation when someone reaches the age of 18" (Art 14). However, failure to do so can only be punished with a fine (Art 41 and 42). The law does not specify that in such cases the normal recruitment procedure, as outlined in Articles 14-21 of the law, does no longer apply. The recruitment of Carlos Andrés Giraldo Hincapié is therefore illegal even under Colombian law.
In addition, the forced recruitment of Carlos Andrés Giraldo Hincapié is a violation of the "right to personal liberty (Article 7), the protection of human dignity (Article 11) and the right to freedom of movement (Article 22), guaranteed in the American Convention on Human Rights, in connection with Article 1.1 of that same legal instrument", according to a decision of the Inter-American Commission on Human Rights in a very similar case from Guatemala (CASE 10.975, 6 October 1993). -
His possible reasons for exemption from military service. Article 28 of law 48/1993 defines the reasons for exemption from military service. Carlos Andrés Giraldo Hincapié father is handicapped (he lost one arm), his brother is epileptic, and his mother is older than 60 years - which would qualify him for exemption under Art 28 of law 48/1993. Due to the illegal recruitment process, he did not have a chance to claim this exemption.
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The right to conscientious objection. Colombia is signatory of the International Covenant on Civil and Political Rights. The right to conscientious objection is recognised by the United Nations Human Rights Committee as a legitimate exercise of the right to freedom of thought, conscience, and religion, as guaranteed by Article 18 ICCPR. In fact, in a recent decision on two cases of conscientious objectors from South Korea, the Human Rights Committee stated that not to provide for the right to conscientious objection is a violation of Article 18 ICCPR (see CCPR/C/88/D/1321-1322/2004 from 23 January 2007).
So far - after more than 10 months in military service, Carlos Andrés Giraldo Hincapié has not been able to secure his release from the military. Therefore, international pressure is necessary.
War Resisters' International calls for letters of support to Carlos
Andrés Giraldo Hincapié:
Base Militar de Casabe, adscrita al Batallón Plan Energético y Vial
Nº 7 de Barrancabermeja, Colombia
War Resisters' International calls for urgent letters and faxes of
protest to:
Teniente Colonel
Batallón plan energético y vial Nº 7
Att. Luis Miguel Gomez Qunitero
Barrancabermeja, Colombia
Fax +57-37-620 89 23 (call first)
War Resisters' International calls for the immediate release of Carlos
Andrés Giraldo Hincapié from military service.
Andreas Speck
War Resisters' International
wri-irg.org