R 121348Z AUG 08
FM USMISSION GENEVA
TO SECSTATE WASHDC 7043
INFO AMEMBASSY BOGOTA
USMISSION USUN NEW YORK

UNCLAS GENEVA 000684 
 
 
STATE FOR IO-RHS, DRL-MLGA, L-HRR 
 
E.O. 12958: N/A 
TAGS: PHUM UNHRC
SUBJECT: COMMUNICATION FROM SR ON THE PROMOTION AND 
PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND 
EXPRESSION AND SR ON THE SITUATION OF HUMAN RIGHTS DEFENDERS 
 
 ¶1.  Mission has received a communication from the Special 
Rapporteur on the promotion and protection of the right to 
freedom of opinion and expression and Special Rapporteur on 
the situation of human rights defenders.  This communication 
is number 38 on the Geneva 2008 Communications Log. 
 
¶2.  Begin text of letter.  Excellency, We have the honour to 
address you in our capacities as Special Rapporteur on the 
promotion and protection of the right to freedom of opinion 
and expression and Special Rapporteur on the situation of 
human rights defenders pursuant to General Assembly 
resolution 60/251 and to Human Rights Council resolutions 
7/36 and 7/8. 
 
     In this connection, we would like to draw the attention 
of your Government to information we have received regarding 
Mr. Athemay Sterling, a Colombian citizen.  Mr. Athemay 
Sterling is Director of the Centro de Derechos Humanos e 
Interpretacion Politica de la Universidad Santiago de Cali en 
Defensa de los Derechos Humanos (Human Rights and Political 
Interpretation Centre at the University of Santiago de Cali 
for the Defense of Human Rights), and is a member of Comite 
por la Defensa de los Derechos Humanos (CPDH - Permanent 
Committee for the Defense of Human Rights) in Colombia. 
 
     According to information received: 
 
     On 30 June 2008, Mr. Athemay Sterling arrived in the 
United States of America. His visa was canceled upon arrival 
and he was held in administrative detention at the Krome 
detention centre in Miami Florida.  For 48 hours, no food was 
provided and no explanation was given to him as to why he was 
being detained. He had allegedly undergone intensive 
interrogation in particular about presumed links with a 
former guerrilla group known as M-19. 
 
     Mr. Athemay Sterling had been on his way to Washington 
to provide information to the Inter-American Commission for 
Human Rights regarding environmental and health rights 
violations in Colombia about which he had communicated with 
the commission.  He had planned to stay in the United States 
of America until 22 July 2008.  However, he currently remains 
in detention. 
 
     On 30 July 2008, a hearing was held regarding the 
detention of Mr. Athemay Sterling.  According to the 
immigration police he is undergoing an administrative 
procedure.  No explanation for his detention has yet been 
given by the immigration police. 
 
     Concern is expressed that Mr. Athemay Sterling is unable 
to carry out his legitimate work in the defense of human 
rights while he is in detention.  Further concern is 
expressed for the physical and psychological integrity of Mr. 
Athemay Sterling while he is in detention. 
 
     In this connection, we would like to refer Your 
Excellency's Government to the fundamental principles set 
forth in the Declaration on the Right and Responsibility of 
Individuals, Groups and Organs of Society to Promote and 
Protect Universally Recognized Human Rights and Fundamental 
Freedoms, and in particular articles 1 and 2 which state that 
"everyone has the right individually or in association with 
others, to promote and to strive for the protection and 
realization of human rights and fundamental freedoms at the 
national and international levels" and that "each State has a 
prime responsibility and duty to protect, promote and 
implement all human rights and fundamental freedoms, inter 
alia, by adopting such steps as may be necessary to create 
all conditions necessary in the social, economic, political 
and other fields, as well as the legal guarantees required to 
ensure that all persons under its jurisdiction, individually 
and in association with others, are able to enjoy all those 
rights and freedoms in practice". 
 
     Furthermore, we would like to bring to the attention of 
your Excellency's Government the following provisions of the 
Declaration, and in particular to the article 12 paras 2 and 
3 of the Declaration which provide that the State shall take 
all necessary measures to ensure the protection by the 
competent authorities of everyone, individually and in 
association with others, against any violence, threats, 
retaliation, de facto or de jure adverse discrimination, 
pressure or any other arbitrary action as a consequence of 
his or her legitimate exercise of the rights referred to in 
the Declaration.  In this connection, everyone is entitled, 
individually and in association with others, to be protected 
effectively under national law in reacting against or 
opposing, through peaceful means, activities and acts, 
including those by omission, attributable to States that 
result in violations of human rights and fundamental 
freedoms, as well as acts of violence perpetrated by groups 
or individuals that affect the enjoyment of human rights and 
fundamental freedoms. 
 
     We should also like to appeal to your Excellency's 
Government to take all necessary steps to secure the right to 
freedom of opinion and expression of Mr. Athemay Sterling, in 
accordance with fundamental principles as set forth in 
article 19 of the International Covenant on Civil and 
Political Rights which provides that "everyone shall have the 
right to freedom of expression; this right shall include 
freedom to seek, receive and impart information and ideas of 
all kinds, regardless of frontiers, either orally, in writing 
or in print, in the form of art, or through any other media 
of his choice". 
 
     We would like to appeal to your Excellency's Government 
to take all necessary steps to ensure the right to freedom of 
association as recognized in article 22 of the International 
Covenant on Civil and Political Rights, which provides that 
"everyone shall have the right to freedom of association with 
others, including the right to form and join trade unions for 
the protection of his interests". 
 
     In the event that your investigations support or suggest 
the above allegations to be correct, we urge your Government 
to take all necessary measures to guarantee that the rights 
and freedoms of Mr. Athemay Sterling are respected and 
accountability of any person guilty of the alleged violation 
is ensured.  We also request that your Government adopt 
effective measures to prevent the recurrence of these acts. 
 
     In view of the urgency of the matter, we would 
appreciate a response on the initial steps taken by your 
Excellency's Government to safeguard the rights of Mr. 
Athemay Sterling in compliance with the above international 
instruments. 
 
     Moreover, it is our responsibility under the mandates 
provided to us by the Human Rights Council, to seek to 
clarify all cases brought to our attention.  Since we are 
expected to report on these cases to the Human Rights 
Council, we would be grateful for your cooperation and your 
observations on the following matters, when relevant to the 
case under consideration: 
 
     ¶1.  Are the facts alleged in the above summary of the 
case accurate? 
 
     ¶2.  Has a complaint been lodged? 
 
     ¶3.  Please provide information concerning the legal 
grounds for the detention of Mr. Athemay Sterling, and how 
these measures are compatible with international norms and 
standards as stated, inter alia, in the Universal Declaration 
of Human Rights, the International Covenant on Civil and 
Political Rights and the Declaration on human rights 
defenders. 
 
     We undertake to ensure that your Government's response 
to each of these questions is accurately reflected in the 
reports we will submit to the Human Rights Council for its 
consideration. 
 
     Please accept, Excellency, the assurances of our highest 
consideration. Ambeyi Ligabo, Special Rapporteur on the 
promotion and protection of the right to freedom of opinion 
and expression, Margaret Sekaggya, Special Rapporteur on the 
situation of human rights defenders. End text of letter. 
 
TICHENOR 
 
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