MLToday urges its readers to immediately contact the Colombian Attorney General’s office in order to defend human rights lawyer Diego Martinez and the Colombian peace process. Emails can be in English or Spanish.
Tell the Colombian Attorney General, Nestor Humberto Martinez, to stop the harassment of Diego Martinez and to respect the peace process. Emails need to mention Diego’s full name, Diego Alejandro Martinez Castillo. Email the Colombian Attorney General in care of the Colombian Embassy in the US: <firstname.lastname@example.org>
Diego Martinez is a Colombian human rights lawyer who is currently the most prominent lawyer in the legal proceeding related to the implementation of the Colombian peace process. Formerly, Diego Martinez was the Executive Secretary of the Comite Permanente for la Defense de los Derechos Humanos, a long standing Colombian Human Rights Organization.
Diego was one of two lead lawyers that represented the peace delegation of the FARC-EP in the peace talks in Havana, Cuba. Since the signing of the peace agreements he is the Technical Secretary of CSIVI, an organization dedicated to the implementation of the peace agreement. He also represents former leaders of the FARC-EP in the Special Peace Jurisdiction, which is a court designed to settle issues relating to the civil war in Colombia.
Diego is now under threat of death, with a bomb placed in the parking lot of his place of work, and threats of search warrants and legal action from the Colombian Attorney General’s Office. This comes in the context of “Lawfare” attacks on the peace process with the arrest of Jesus Santrich on trumped- up charges based on a bogus indictment from the United States, and charges against three ex-employees of the Special Peace Jurisdiction.
Below is a translation of a preemptive petition that Diego Martinez sent to the Colombian Attorney General’s Office.
To: Doctor Nestor Humberto Martinez, Attorney General of the Nation
From: Diego Alejandro Martinez Castillo
Re: The right to petition and a complaint.
DIEGO ALEJANDRO MARTINEZ CASTILLO, identified by citizens card (cédula de ciudadanla ) 88230892 issued in the city of Cúcuta, with professional bar card 159797 issued by the Consejo Superior de la Judicatura . Currently, since the peace talks at the negotiating table in Havana (Cuba), I work as legal advisor and representative of the former members of the former FARC-EP. I am the Technical Secretary of the CSIVI, special advisor of defense strategy in case 01 that is currently before the Special Peace Jurisdiction.
I take the opportunity to respectfully address your office based on the Precautionary Measures granted to me in case MC- 323- 11 by the Inter-American Commission of Human Rights and by Article 23 of the National Constitution, in this context I am asserting my right of petition based on the following facts:
I am aware that an operation is being prepared targeting my dwelling, my place of residence and my offices in order to execute a search warrant, all within the ambit of presumed investigations of your office that are directly aimed at myself. This is an action intended to discredit me. As I was informed of this operation I therefore make this known to your office of Attorney General of the Nation.
These investigations are carried out within the framework of those carried out by your office No. 2, of Dr. MAJER NAYI ABUSHIHAB, a person who has ordered the physical inspection of information in the custody of the Judicial Clerk of the Chamber of Recognition, Truth, Responsibility, determination of the facts, and the conduct of the Jurisdiction, well as orders to interview the Honorable Magistrate Julieta Lemaitre by your office.
For the past year, my security detail has reported surveillance of me and also unknown persons who follow me, as well these actions against me, these occurrences have also been reported against the staff of attorneys who work with me on tasks related to the implementation of the peace agreement. These actions have intensified in the last few days in relation to my house, offices, and places where I travel. In particular on October 2, 2018 I was attending to matters of legal representation in the city of Nelva, and also on September 26th and 27th at my residence, the latter incidents were reported by my security detail.
On the 3rd of October 2018 I received an electronic message threatening my life and my physical integrity. The message also threatened my family. This message was supposedly sent by paramilitary groups called the BLACK EAGLES (Aguilas Negras) – CENTRAL COMMAND. This electronic pamphlet threatens other human rights defenders and leaders, politicians, and other people that are known to me.
My security detail discovered information concerning the placement of a presumed explosive device in the parking lot of the Commission of Monitoring, Momentum and Verification for the implementation of the Final Agreement (CSVI) between February 15 and February 17, 2018. At this time a complaint was lodged with the National Protection Unit and the [Government] Peace Commission without any response, however, the staff of the hotel who were witnesses to this event were changed and the videos were destroyed. according to the information received from the office of the High Commissioner for Peace at this time.
Mr. Attorney General of the Nation, respecting the authority that you represent, I would like to tell you that my role up to now has been in the context of support and the unfettered momentum of the peace process, as the technical secretary of the monitoring authority and adviser to the FARC for issues of the implementation of the peace process and justice and I would like to clarify that I have frequent meetings and communications with officials of the national government, with the same jurisdiction for Peace, and including with yourself, and the functionary who is presumed to be investigating me the Dr. MAJER NAYI ABUSHIHAS, all of the above only with the goal of defending the Peace Agreement and the interests of due process and the right to a defense of my clients.
Due to the above and attending to the need to strengthen my security measures and to separate that which is of a legal character from actions that arise from illegality, permit me to make the following petitions:
I respectfully request the following from your office:
That you inform me if there is a criminal investigation or prosecution by your office against me, please mention in the case number of any such case, the officer in charge, and if there are any search warrants, and order for electronic interceptions against me, all of the previous is for the purpose of representing my constitutional right to a defense and due process.
If there is a positive response, I am willing to take all necessary actions, appearances and interviews for the purpose of clarifying any accusation from you office. As to the previous as an attorney, i am fully respectful of my responsibilities that the constitution and the law imposes on me.
In the case where there is no current criminal investigation, I ask that there be an investigation of the events that constitute threats and illegal surveillance against me, and to this end, I ask that you open the respective inquiries.
Thanking you for your attention,
DIEGO ALEJANDRO MARTINEZ CASTILLO
CC 88230892 with Professional Card 159597 CSI
Inter-American Commission of Human Rights, Precautionary Measure MC-323-11
Second Mission of the United Nations
Cuba and Norway, Guarantor and Accompanying Countries
Office of the High Commission of Human Rights of the UN
Inter-American Commission of Human Rights,
Delegates of the FARC party.