COLOMBIA: Conscientious objector Luis Fernando Callejas recruited to military by force

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War Resisters' International learned today that Luis Fernando
Callejas (COL14912), who will turn 25 on 13 December, was recruited by
force on 9 December during a search of Colombian military in Cali.
Between 11 and 12 at night, soldiers of the 3rd brigade of the
Colombian military carried out a search of the neighbourhoods of
Mariano Ramos and Republica de Israel of Cali, and rounded up youth of
recruitment age.
Luis Fernando Callejas is officially a "remiso" (draft evader), and did
so far not publicly declare his conscientious objection. However,
according to information received from his sister, Luis Fernando
Callejas has repeatedly expressed his opposition to taking part in the
armed conflict in Colombia, and does not want to be part of a process
of dehumanisation and terror.

War Resisters' International is very concerned about the safety of
Luis Fernando Callejas. 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 Luis
Fernando Callejas is therefore arbitrary.
The forced recruitment 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). This alone should be reason enough for the
immediate discharge of Luis Fernando Callejas from the military.
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).

War Resisters' International calls for urgent protest letters and
faxes to the Colombian authorities:

  • Comandante Tercera Brigada del Ejercito Nacional. Cali, Valle de
    Cauca, Fax: +57-2-3307161

  • Dr Angelino Garzón, Gobernador del Valle de Cauca, Carrera 6
    entre calles 9 y 10, Edificio Palacio de San Francisco, Santiago de
    Cali, Fax +57-2-885 8813, email: gobierno@valledelcauca.gov.co.
    An email protest letter can be sent at http://wri-irg.org/co/alerts/20061212a.html.

War Resisters' International calls for the immediate release and
discharge from the military of Luis Fernando Callejas.

More information on conscientious objection in Colombia is available
at http://wri-irg.org/co/colcampaign-en.htm.

Andreas Speck
War Resisters' International

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