Your Excellency,

I am very  concerned by the fact that my  colleague  Mr Jorge Eliecer Molano Rodriguez, Eliecer Molano has been recently subject to increasing intimidation.

Jorge Eliecer Molano  Rodriguez   provides legal representation to victims of human rights violations, such as the families of those killed in the massacre in the Comunidad de Paz de San José de Apartado (Peace Community of San José de Apartado).  

Jorge Eliecer Molano  Rodriguez   also serves as a judicial advisor to the Corporación Sembrar, Asociación Nomadesc, Corporación Jurídica Utopía y Fedeagromisbol.

 According to information ceceived by FIDH, on 1 December 2009, Jorge Eliecer Molano Rodriguez’s bodyguards were informed that during the past week, on three occasions, individuals dressed as civilians arrived at the reception desk of the building where Molano lives, asking to be let in to his apartment. These individuals refused to identify themselves, and when the guard attempted to call the apartment to verify the presence of Molano Rodriguez the visitors left hurriedly, indicating that they would call him later.  

In recent months Jorge Eliecer Molano's offices have been under surveillance by unknown persons in plain-clothes. The lawyer's mobile telephone has been tapped since 2004, reportedly by the DAS, as part of a general practice of surveillance of human rights defenders, magistrates and political leaders. During the past month, Jorge Eliecer Molano has reported that interference with the telephone has increased. He has noticed strange noises and his calls are routinely disconnected.  

 Moreower, he cellular telephone of Molano Rodriguez has been tapped since 2004, as part of the espionage against human rights defenders, high court magistrates, and political leaders carried out by the DAS.

During the last month interference in Molano Rodriguez’ telephone communications has been notable, including strange noises and the recurring cut-off of calls.

In previous months the Ministry of the Interior and the DAS have been informed of the surveillance being carried out at Molano Rodriquez’s office by individuals dressed as civilians who keep watch on his movements

In response to Molano Rodriguez’s involvement in the hearings in the cases against various officials of the Colombian Army for the forced disappearances of 11 people in the events of the Palace of Justice on the 6th and 7th of November, 1985, many comments have been published on mass media websites. The comments against Molano Rodriguez include, “I refer exclusively to the vulgar and shameless eduardo( jorge molano) in order to express my disgust, my repugnance. He smells like a terrorist, like unpatriotic person, like the money of the poor kidnapped people, which his bosses in the mountains surely pay him every two weeks [translator’s note: this is an inference of payment from the guerrilla]. If he has a family, they must walk with their heads lowered. I bet you don’t even know what honor is.”

In addition to this, on various webpages the following text appears: “We want to state that if something happens to one of us or to our families, we take responsibility for the judge and her advisor the lawyer Jorge Molano, that our blood falls on those people,” written by someone identified as Alberto Acosta, who it seems ia a retired official of the Colombian Army.

Molano Rodriguez’ partner has been the object during the last several months of repeated and visible surveillance in the center and North of Bogota. On the 7th of September around 11am as she left a meeting in the José Alvear Restrepo Lawyer’s Collective and began to walk north down 7th Avenue, she noted that a tall, robust man with light-brown short hair and sharp features dressed in a white shirt with blue strips and jeans began to follow her. Noting that she was being tracked, she decided to enter a shop full of people where she was able to hide amongst all the people. The man entered and looked for her, but upon not seeing her left by another door.

The 14th of September around 7pm, she was once again the object of following by a burly man who wore black pants, a light-colored jacket, black shoes, was dark-skinned, had black hair, a round face and a large nose. The man visibly followed her for several blocks.

I believe that the surveillance and intimidation of Jorge Eliecer Molano and his family are directly linked to his work as a lawyer in the defence of human rights, in particular his pursuit of justice for victims of human rights violations in Colombia. I see this as forming part of an ongoing pattern of harassment against Jorge Eliecer Molano, and fears for his physical and psychological integrity and security.

I urge the Colombian authorities to:

1. Carry out an immediate, impartial and thorough investigation   in order to determine the persons responsible for these acts of persecution and harassment described in this urgent action, and that they be punished in an exemplary manner.

2. Immediately   adopt, in an agreed upon manner, efficacious and immediate measures for real and effective protection of the lawyer and human rights defender JORGE ELIECER MOLANO RODRIGUEZ and his family that allow him to fully carry out his work.;

3. Ensure that all human rights defenders in Colombia are free to carry out their legitimate human rights work without fear of restrictions or reprisals.

Yours sincerely