The "José Alvear Restrepo" Lawyers' Collective informs the national and international community that FRANCISCO CORTES AGUILAR a Colombian social and community leader and human rights defender who was the president of ANUC (National Peasants Association) and is currently Director General of COSPACC (Social Corporation for Community Advice and Capaity Building) has been the victim of a frame up and detention in Bolivia.

EVENTS

Peasant leader FRANCISCO JOSE CORTES AGUILAR was in the city of La Paz on the invitation of Bolivian social organisations with the purpose of exchanging information and developing links with the peasant movements in Bolivia, Perú and Ecuador.

On 10th April 2003, after several days of being followed (such that the Bolivian media were citing the fact), a raid was carried out at 7:00 am at the 3065 Nicolás Katari Street in Alto, La Paz by intelligence agents under the command of Attorney René Arzabe. Inside this residence they found FRANCISCO JOSE CORTES AGUILAR in his indoor clothes, as well as CLAUDIO RAMIREZ CUEVAS and CARMELO PEÑARANDA, two leaders of the coca farmers from Asunta.

In declarations given to the media, the agents who carried out the operation identified themselves as members of the CEIP (Special Centre for Police Intelligence). They alleged as fact that JOSE FRANCISCO CORTES AGUILAR is an instructor of the FARC (Fuerzas Revolucionarias de Colombia / Revultionary Armed Forces of Colombia) or the ELN (Ejército de Liberación Nacional / National Liberation Army), such that the Diario Informativo Bolivia Hoy (Bolivia Today Daily News) reported that: "Pacho (the colombian) is from the FARC, and he was training people from Yungas and Chapare in ideology and mines".

JOSE FRANCISCO CORTES AGUILAR is accused of forging documents and criminal organisation, due to the "supposed" existence of identity cards and passports with different names used by him, and the presumed collaboration and training of the Bolivians in making explosives and in the use of firearms.

This raid "supposedly" came across 57pieces of ammunition for 7.62 millimetre weapons, kilos of drugs, elements to make explosives, ten Banco Unión cheque books, ELN and FARC leaflets, and camouflage uniforms.

As a result of the above, the 3rd Judge of Criminal Instruction of Bolivia declared señor FRANCISCO JOSE CORTES AGUILAR under arrest. He is now detained in the San Pedro Prison in La Paz. His defence has been put in the charge of a lawyer from the Colombian Consulate.

In Colombia señor FRANCISCO JOSE CORTES AGUILAR is a beneficiary of the Ministry of Interior and Justice Protection Programme, due to his work in defence of human rights and his security situation.

REQUEST

We ask the national and international community to make repesentations to the Bolivian authorities, urging them to cease this assault, of which social and agrarian leader FRANCISCO JOSE CORTES has been the victim. Due to his role as a defender and promoter of the human rights of peasant communities in Colombia, and his interest in exchanging knowledge and experiences with peasant leaders from other South American countries, FRANCISCO JOSE CORTES has been the object of a frame up.

We consider his detention to be a flagrant violation of the freedom of action for human rights defenders and the freedoms of association and expression. Equally, the detention order has been made without prroof of the accusations of his participation in Colombian subversive groups, given that in spite of having made a video that was circulated to the Bolivian media in which the items supposedly discovered in the raid were displayed, these items do not exist. Therefore there is insufficient evidence to proceed with the case approved by the 3rd Judge of Criminal Instruction of Bolivia, as has already been established by the lawyer from the Colombian Consulate in Bolivia.

This type of repression evidenced by the investigation against the peasant leader constitutes a flagarnt violation of the principles and universal precepts recognised in international norms concerning human rights.

Therefore "José Alvear Restrepo" Lawyers' Collective asks you to write to the Bolivian authorities urging them to:

Release FRANCISCO JOSE CORTES AGUILAR.

Proceed in accordance with Decalaration on the Human Rights Defenders adopted by the UN General Assembly on 9th December 1998, especially with reference to article 1 on the protection of the right of every person "..individually or collectively, to promote and strive for the protection and carrying out of human rights and fundamental liberties on the national and international plane".

Conform with the statements of the Universal Declaration of Human Rights, and the international and regional human rights instruments.

and urge the Colombian government to make a statement to the Bolivian authorities to cease detaining señor FRANCISCO JOSE CORTES AGUILAR who is the victim in this case, in accordance with its responsibility for the policy of protecting human rights defenders internationally.