Case History: David Ravelo Crespo

On 20 June 2017, human rights defender, David Ravelo Crespo, was released on parole after almost 7 years of incarceration.

On 20 June 2017, the human rights defender was set free on parole after almost 7 years in prison. David Ravelo Crespo had been detained since the 14 September 2010, when he was unfairly accused of an aggravated homicide committed in 1991. He was sentenced to 18 years in prison. During his trial several organizations raised concerns about the due process of law and the guarantee of a fair trial. Two key prosecution witnesses were former paramilitaries and had themselves previously been given jail terms because of their involvement in human rights abuses in Barrancabermeja, and were given a reduced sentence as a reward for their evidence against the human rights defender.

David Ravelo Crespo was released according to the Amnesty Law (Law 1820) approved on 30 December 2016 by the Colombian government. The new legislation establishes the Special Jurisdiction for Peace, following the peace deal signed between the Colombian authorities and  Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia, FARC) rebels in November 2016. The human rights defender’s case will be reviewed by the Revision Section of the Peace Tribunal. He was released pending the final decision of the tribunal.

Front Line Defenders remains concerned about the situation for human rights defenders in Colombia. Although the Colombian government signed the peace deal, this has not made the country safer for human rights activists. Despite all evidence to the contrary, the government continues to maintain the position that  killings of human rights defenders are neither systematic nor linked to paramilitary activity, and refuses to recognise the cause of the deaths and take actions to prevent them from happening.

According to a report from the Colombian Ombudsman Office, 156 social leaders and human rights defenders have been killed in the past number of months. Additionally, five disappearances, 33 attacks and over 500 threats were reported. According to the Ombudsman, Carlos Alfonso Negret Mosquera: “one of the main causes of this phenomenon is the attempt by illegal armed groups to occupy the territory from which the FARC have withdrawn”.

Front Line Defenders welcomes the release of David Ravelo Crespo, as it believes that the case brought against him was based on fabricated charges and originated only due to his work in defence of human rights. Front Line Defenders urges the Colombian government to ensure that his sentence is rescinded. Front Line Defenders further calls on the Colombian government to ensure the protection of human rights defenders throughout the country, especially in light of the increased violence in the wake of the peace agreements.

This article was published in The Solicitors Journal on 18 June 2015.

The Republic of Ireland's former deputy prime minister, Eamon Gilmore, reflects on an eye-opening meeting with a human rights defender, persecuted for his work in Colombia

David Ravelo Crespo is a human rights defender in Colombia, targeted because he challenged the climate of impunity that prevails in the country, and which has led to thousands of deaths. He is an innocent man, serving an 18-year prison sentence on the basis of trumped up charges, following a trial that can only be described as a legal charade.

One of the main reasons for my visit is that the Front Line Defenders, the International Foundation for the Protection of Human Rights defenders, sees David's case as emblematic of many of the issues confronting human rights defenders in Colombia - threats, criminalisation, denial of justice, and collusion on the part of many state agencies.

David has been targeted, by the legal system, for specific reasons. He has consistently and vociferously spoken out about the links between the government of president Uribe and paramilitary groups. He has refused to be silent. He has refused to leave his native province of Barrancabermeja, and above all else, because he has refused to allow himself to be killed.

Violation of legal guarantees

David has been detained since 14 September 2010, when he was accused of an aggravated homicide committed in 1991. In any trial of such national sensitivity it is of fundamental importance that certain legal guarantees relating to due process and the right to a fair trial are respected. Yet these guarantees have been repeatedly violated during the legal process against David.

The two key prosecution witnesses had themselves previously been given jail terms because of their involvement in massacres and other human rights abuses. In fact they had been given a reduced sentence as a reward for their evidence against David.

The prosecutor, William Pacheco Granados of Colombia's National Counter Terrorism Unit, was removed from a previous post due to his alleged involvement in the disappearance of William Hurtado Parra in Armenia in 1991. Should this have automatically precluded his involvement in the case?

Additionally, the defence was frequently prevented from presenting evidence which would have undermined the case against David, while the prosecution were routinely allowed to present evidence which should have been excluded.

David has campaigned for human rights for more than 30 years and has become the voice of human rights in the Barrancabermeja province. It is apparent that the trial against David had one clear goal - to silence him. This it has failed to do.

In Bogotá we met Reynaldo Villalba Vargas, David's lawyer and a member of the 'Jose Alvear Restrepo' lawyers' collective, before heading towards La Picota Prison. After going through the laborious process of pre-approval, approval, questioning of the approval, and then final approval, we were granted security passes.

David greeted us with a beaming smile and an affectionate hug. He set out some plastic chairs and offered us a cup of coffee. Whether it was a member of staff or another inmate who brought us the coffee was hard to tell, with everyone wearing normal street clothes; it was almost possible to forget that the setting for our meeting was indeed a prison.

Despite the 18-year sentence, the array of irregularities prior to and during legal proceedings, and the fact that all domestic legal channels have now been exhausted, David is a remarkably positive man whose strength of character is demonstrated by his confidence and personal warmth.

He showed us the business cards left by various MEPs and EU officials who had visited him. Giving him my own card I assured him that I would follow up with these European colleagues on his case after I left.

David outlined three requests that he wanted me to make on his behalf in our upcoming meetings with the Presidential Programme on Human Rights and International Humanitarian Law, the attorney general, and the ministry of the interior:

He would like to be transferred from Bogotá to a prison in Barrancabermeja where he can be closer to his family, including a young daughter he has never met;

He believes an investigation unit should be established to look into the use of false testimonies in trials, not just in his own case but in all cases where this common practice has been used; and

He would like guarantees that due process and justice will be applied in the criminal cases against the prosecutor Pacheco, for his involvement in a forced disappearance, and against Mario Jaimes Mejía, alias 'El Panadero', for providing false testimony against him.

After about an hour together we said our goodbyes. With another warm hug and a handshake we headed back to the city, as David returned to his prison cell that he shares with a judge who has been convicted on bribery charges.

The power of words

The following day, in our meeting with attorney general Eduardo Montealegre Lynett, he wrapped up proceedings by expressing his love of Irish literature. It seemed natural to highlight the important lessons we can learn from the persecution of Joyce and Wilde.

Across the globe, great minds and voices continue to face oppression, criminalisation, and levels of danger that force them to leave their home or even their country, either temporarily or permanently. This brought to mind David's own words: 'It's not sad... What they have done to me is very painful, but in here, through my words and poetry, I can transcend these prison walls.'

As I reflect on my closing chat with the attorney general, and the fact that we had brought David Spanish-language copies of Joyce's Dubliners, and a book of Seamus Heaney's poems, I am conscious of the vastly different lives and worlds of two men with a shared love for the power of words.

This blog post was written by Adam Shapiro, Head of Campaigns

The road out of central Bogota heading to the outskirts and La Picota Prison was fairly empty for a Friday morning. Perhaps it was the early hour or just that it was Friday and it is always harder to get out of bed just before the weekend. When the taxi reached the dirt road leading to the back entrance of the compound our driver announced “Nosotros aquí” (“We’re here”) with a tone of complete apathy.

La Picota Prison houses David Ravelo Crespo, a Colombian human rights defender who was 2 days short of having served 3 years in detention and prison since his arrest on murder charges. The case is largely based on ‘testimony’ given by a convicted paramilitary leader (who had previously been accused by David of grave human rights abuses). This testimony was given in exchange for a reduced sentence (by more than half). Front Line Defenders has been advocating and campaigning on David’s case since his arrest, and this was the first time someone from the organization would be meeting him behind bars.

The night before, David’s friends, colleagues and family gathered at the Autonomous University of Colombia to celebrate his life, his struggle for human rights and to remember their friend on the third anniversary of his detention. In addition to being a human rights defender, David was also a member of the Union Patriotica, and survived a wave of political killings in the early 1990s that many refer to as one of the first cases of political genocide in the Americas. The people in the room had collectively suffered tremendously over the years, and David’s incarceration seemed a cruel blow, yet expected at the same time.

I presented David Ravelo Gutierrez, son of David Ravelo Crespo, with a plaque from Front Line Defenders in recognition of his father’s standing as one of five finalists for the 2013 Front Line Defenders Award for Human Rights Defenders at Risk. David was the finalist representing the Americas region and the recognition that night brought out some of Colombia’s press to cover the event. With magistrates currently reviewing David’s appeal, Front Line Defenders felt that bringing any additional public pressure on the case could help sway the political and judicial forces.

To that end, I was also in Colombia to launch a public service announcement (PSA) campaign on Canal Capital, Bogota’s highly respected public television station. The first PSA focused on David’s case, and included a webcast on the campaign website and petition for the public to sign.

Inside the prison section for public functionaries, I briefed David on the efforts being made on his behalf. He was greatly appreciative and moved by all that was being done, and was confident that the efforts of so many would yield justice in his case. He was strong and assertive, and read us three of his recent poems. He made sure to let me know that when he was freed, he would come to Dublin to meet all his friends at Front Line Defenders and see that part of the world. For someone who has received solidarity and support from all over the globe, David Ravelo Crespo has never left Colombia. And while his body may be behind bars, his mind is free and he is determined to achieve justice – not just in his case, but for all the victims of violence, the displaced, the targeted and the marginalized.

The following guest blog post describes a visit to human rights defender David Ravelo Crespo in prison by Peace Brigades International volunteer Niamh Ni Bhriain, a former Frank Jennings Intern with Front Line Defenders.

The bright sunshine and the unusually clear blue sky above Bogotá contrasted sharply with the greyness and gloom of La Picota prison located in the far south of the city. The prison guards shuffled through papers, recorded our names, took fingerprints, and reviewed our prison pass, before granting us access to the wing in which David Ravelo Crespo is being held.

I had first heard of David when I began interning with Front Line Defenders in October 2010 and now as a Peace Brigades International (PBI) field volunteer I would have the opportunity to meet him. Although part of me is excited to finally meet this charismatic human rights defender, I am also filled with regret that although we have been working on his case for over two years he is still in prison.

The mundane prison patio suddenly comes to life when the prisoners see my colleague and I standing outside the prison wing gate. Dozens of voices begin to shout up through the crowded balconies and stairway “David Ravelo, David Ravelo…”. We wait a few moments while the prisoners continue to call anxiously, and then from the busy stairway a humble man approaches the prison gate with a warm smile, a spring in his step, and books under his arm. He greets us with a hug, a heartfelt handshake, and tells us in a friendly familiar voice how great it is to see us. He immediately arranges for a prison guard to bring us coffee and invites us to sit outside the grey prison wing on the grass, from where you can see and hear the bustling outside world go by. The houses extend into the hills surrounding Bogotá, the traffic rushes past on the motorway nearby, the cows lazily graze in the grass, and although there may be an illusion of freedom sitting here under the hot sun, the hostile barbed wire fence surrounding us quickly shatters it, reminding us that we are in a prison.

David discusses his case, his family, the human rights situation in Barrancabermeja, we mention the nomination for the Front Line Defenders award, and his face lights up. He appears to be thrilled to have been selected amongst the other finalists. He then moves on to discuss literature; he tells us he has been reading a lot in prison. We discuss Ernest Hemingway, Gabriel Garcia Marquez, and Julio Cortazar among other writers. He shows us poetry he has written, using this as an outlet to express himself.

He is defiant that even from inside the prison he will never be silenced, raising his voice in the defence of human rights. I find myself in awe of this man who has been in prison for over two years and instead of complaining, he focuses on the positive side of things. There is an appeal coming up and therefore more work to be done to ensure that his freedom is secured. There is no bitterness or sadness in his voice, just hope and optimism about what lies ahead.

After leaving David I find myself very moved and touched by the strength of his character. It’s hard to understand how an innocent man can be held like this. It’s equally difficult to comprehend how he continues to smile in the face of such conditions. Since David is adamant that he won’t be silenced, we must do all we can to ensure his voice is heard, highlighting his struggle for justice in this crucial period leading up to his appeal.

On 7 December 2012, human rights defender Mr. David Ravelo Crespo was sentenced to 18 years and 3 months' imprisonment on charges of aggravated homicide following a lengthy trial marred with irregularities.

The human rights defender was arrested on 14 September 2010 and has remained in detention in La Picota prison since that time, awaiting the verdict that was delivered on 7 December despite the fact that the trial hearings had already ended on 18 May 2012.

David Ravelo Crespo's lawyer, Mr Alirio Uribe, has indicated he will appeal the verdict before the Tribunal of Santander. In an interview with the newspaper Vanguardia Liberal following the verdict, the human rights defender himself stated that despite the verdict, he would not give up. “I will take energy from this to continue to prove my innocence, and to show that all this has been a set-up. Officially, there is no evidence against me.”

The closing remarks have been heard in the trial of human rights defender, Mr David Ravelo Crespo, 18 months after his detention on a charge of aggravated murder.

Mr Alirio Uribe Muñoz, defence lawyer for David Ravelo Crespo, called for the human rights defender's acquittal highlighting the fact that throughout the trial there has been evidence of numerous changes and contradictions in the versions of events given by key prosecution witnesses, evidence of attempts to bribe witnesses and a sustained attempt to stigmatise the defendant.

David Ravelo Crespo was arrested on 14 September 2010 by members of the Cuerpo Técnico de Investigación de la Fiscalía – CTI (Technical Investigation Division of the District Attorney's office), and accused of the 1991 killing of the Secretary for Public Works of Barrancabermeja, Mr David Nuñez Cala. The charges came about as a result of accusations that were made against David Ravelo Crespo by members of the paramilitary group Autodefensas Unidas de Santander y Cesar – AUSAC (Self-Defence Units of Santander and Cesar), Mr Mario Jaimes Mejía and Mr Fremio Sánchez Carreño.

In March 1999 the provincial courts found Mario Jaimes Mejía guilty for his involvement in two paramilitary massacres which took place in Barrancabermeja on 16 May 1998 and 28 February 1999. Under the Justice and Peace Law 975 of 2005, former paramilitaries can get reduced prison sentences in exchange for full confessions regarding their participation in paramilitary actions. Invoking this law in an attempt to reduce his 40-year sentence, Mario Jaimes Mejía has accused David Ravelo Crespo of instigating the murder of David Nuñez Cala.

During the preparatory hearing on the case, a prosecution witness claimed that Mario Jaimes Mejía and Fremio Sánchez Carreño attempted to bribe him into claiming responsibility for the killing and then incriminating David Ravelo Crespo in it, in exchange for some benefits through the Justice and Peace Law.

Furthermore, the defence claims that the charge sheet is based solely on the evidence of three prosecution witnesses, without making any reference to more than 30 testimonies from reputable persons from Barancabermeja who refute the charges.

On 14 September 2010, at 3:05 pm, David Ravelo Crespo was arrested by agents of the Cuerpo Técnico de Investigación de la Fiscalía – CTI (Technical Investigation Division of the District Attorney's office) in the city of Barrancabermeja. He was then brought under a heavy police guard to the airport and transferred to the city of Bogotá.

He is currently being held under the orders of District Attorney's office number 22 of the National Antiterrorism Unit on charges of conspiracy to commit a crime and aggravated murder. The charges have been brought about as a result of accusations that have been made against him by a member of the paramilitary group Autodefensas Unidas de Santander y Cesar- AUSAC, Mario Jaimes Mejía.

In March 1999 the provincial courts found Mario Jaimes Mejía guilty for his involvement in two paramilitary massacres which took place in Barrancabermeja on 16 May 1998 and 28 February 1999. Under the Justice and Peace Law (JPL) 975 of 2005, former paramilitaries can get reduced prison sentences in exchange for full confessions regarding their participation in paramilitary actions. Invoking this law in an attempt to reduce his 40 year sentence Mario Jaimes Mejía has accused David Ravelo Crespo of instigating the murder of the Secretary for Public Works of Barrancabermeja David Nuñez Cala. During the trial David Ravelo Crespo's lawyers gave evidence that these claims were false and were the result of a sustained attempt to stigmatise the human rights defender. The penal investigation was being carried out in Barrancabermeja until the end of April 2009 when it was reassigned to office 22 of the Antiterrorism Unit.

The human rights defender had already received death threats on June 2010 and February 2008.