You are on page 1of 9

Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No.

238-34 Manizales Colombia


Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

U.S. CITIZENSHIP AND IMMIGRATION SERVICES


United States Citizenship and Immigration Services
Your Office:

Attention: Political Asylum Application

I, MEY ROBINSON OSPINO DONCEL, I am identified with citizenship ID number


1,116,612,074 issued in Sogamoso - Boyacá.

BRIEF

A) STATEMENT OF ISSUES

I faced threats and persecution from outlawed groups because I expressed my


political ideals and advocated for inclusion, equality, and the defense of cultural
diversity in my country. I belong to the OSIGD community, which represents
individuals with diverse sexual orientations and gender identities.

Unfortunately, this community is subjected to discrimination and mistreatment in


many public settings solely because of their sexual orientation. We strongly
oppose such discrimination and work towards protecting their rights through
leadership and political engagement across the country.

My efforts have gained traction in various arenas, raising awareness and


promoting inclusive processes. However, these activities have also had personal
consequences due to the ongoing territorial disputes involving different armed
groups in the municipality of Yopal.

This conflict has led to targeted killings of leaders, community members, and
human rights defenders. While these incidents instill fear, they have also fueled
my determination to further our political project.

In response to each human rights violation, I have taken action to foster social
rejection of the criminal activities perpetrated by these groups and promote

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

respect for the rights of all individuals. Additionally, I strive to engage young
people in democratic processes that challenge the traditional approach to politics.

Unfortunately, our defense of rights, promotion of the OSIGD community, and our
ideas have faced significant resistance from more conservative segments of the
population. As a result, I have personally experienced rejection and received
death threats due to my leadership role.

Subsequently, a pamphlet circulated, indicating that the AGC (a criminal group)


would initiate social cleansing, and I was reported to this group. This alarming
development forced me to leave the department and relocate to Boyacá.

In Boyacá, I pursued my professional career while continuing to advocate for


inclusion and defend community rights. However, it is important to understand
that there is a close connection between the outlawed groups in Casanare and
the Boyacá department, as it serves as a strategic corridor.

The same structures that operated in Casanare are present in Boyacá and
throughout the entire country. Merely six months after arriving in Boyacá, I was
intercepted by two individuals on a motorcycle while on my way to the university.
I had planned to study electronic engineering at the Pedagogical and
Technological University of Colombia. They approached me and issued an
ultimatum, warning me not to be in the same place as them and threatening my
life if I did not leave Casanare. This situation shattered my aspirations for a new
life.

I confided in my parents about the ordeal, and they firmly opposed me risking my
life any further. Despite the circumstances, they decided that I should leave the
country. Consequently, on July 31, 2022, we decided that it was necessary for me
to depart from Colombia. The pervasive influence of numerous outlawed groups
across the country and the dynamics of the ongoing conflict made it clear that I
would face similar dangers anywhere within the nation's borders.

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

B) STATEMENT OF BURDEN

To substantiate these recent incidents of threat, persecution, and coercion, I draw


upon globally recognized news articles that illustrate the intricacies of Colombia's
internal armed conflict during the election period.

I back up the aforementioned statement with the following news articles:

https://prensalibrecasanare.com/judicial/42808-vocero-de-comunidad-diversa-
en-yopal-denunciu-amenazas-en-su-contra.html

Spokesperson for diverse community in Yopal denounces threats against them.

Description: This link reports on the threats received by a spokesperson for a


diverse community in Yopal, Colombia. The article details the circumstances of
the threats and provides information about the related judicial situation.

https://www.contagioradio.com/comunidad-y-organizaciones-sociales-de-
casanare-en-grave-riego-por-persecucion-y-amenazas-de-las-agc/

Community and social organizations in Casanare at serious risk due to


persecution and threats from the AGC.

Description: This link highlights the grave risk faced by the community and social
organizations in Casanare, Colombia, due to persecution and threats from the
(Gaitanista Self-Defense Forces of Colombia) Autodefensas Gaitanistas de
Colombia. (AGC). The article provides details about the actions of the AGC and
emphasizes the negative consequences for the population and social
organizations.

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

https://www.elheraldo.co/colombia/las-agc-incursionan-en-62-municipios-con-
grafitis-y-panfletos-763043

AGC infiltrates 62 municipalities with graffiti and pamphlets.

Description: This link informs about the incursion of the (Gaitanista Self-Defense
Forces of Colombia) Autodefensas Gaitanistas de Colombia. (AGC) in 62
Colombian municipalities through the placement of graffiti and the distribution of
pamphlets. The article highlights the concern generated by these actions and
emphasizes the presence and expansion of the AGC in the country.

https://www.eltiempo.com/justicia/conflicto-y-narcotrafico/defensoria-alerta-por-
situacion-en-casanare-debido-a-paramilitares-579112

(Ombudsman). alerts about the situation in Casanare due to paramilitary


presence.

Description: This link highlights the alert issued by the (Office of the Ombudsman)
Defensoría del Pueblo. regarding the situation in Casanare, Colombia, due to the
presence of paramilitary groups. The article provides information about the
actions and impacts of the paramilitaries in the region, as well as the measures
being taken to address this issue.

https://www.infobae.com/america/colombia/2021/04/08/defensoria-denuncia-
que-comunidades-de-casanare-y-boyaca-estan-en-riesgo-por-cuenta-de-
grupos-paramilitares/

(Ombudsman) denounces that communities in Casanare and Boyacá are at risk


due to paramilitary groups.

Description: This link informs about the denouncement made by the (Office of the
Ombudsman) Defensoría del Pueblo regarding the risk faced by communities in
Casanare and Boyacá, Colombia, due to the presence of paramilitary groups. The
article provides details about the threats and dangers faced by these
communities, as well as the efforts to protect their rights and ensure their safety.

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

C) SUMARY OF ARGUMENT

I left the country because of the ongoing influence of post-demobilization armed


groups associated with the AUC (United Self-Defense Forces) in the southern
region of Casanare department. This influence is connected to the dynamics in
the Meta department, specifically in its central and northern areas. It's worth
noting that the Defensoría (Office of the Ombudsman) has received information
about recent incursions by the AGC (Gulf Clan) through its Gonzalo Oquendo
substructure. Additionally, these post-demobilization groups of the AUC also have
a presence in the Western province of Boyacá department.

These groups aim to control strategically valuable territories that, due to delays in
implementing Points 1 and 4 of the Peace Agreements and the absence of state
presence, are vulnerable to illicit activities.

In municipalities where these armed groups operate, their interests revolve


around dominating extensive rural areas where livestock and agro-industrial
projects are developed. This is especially true in Casanare and Meta, where
commercial cultivation of palm oil, forestry, sorghum, soybeans, corn, and other
crops, as well as oil and mining exploration and exploitation projects, are
prevalent. Additionally, the presence of illicit crops further contributes to their
activities.

This risky situation is compounded by the lack of direction and regulation in


colonization fronts, the absence of formalized property rights, and conflicts over
the utilization and exploitation of natural resources, among other factors. In the
minds of political, business, and certain rural sectors influenced by the successor
armed groups of paramilitarism, there is a perceived necessity to maintain support
for the established order inherited from self-defense groups.

This fear arises from the concern that the territory might fall back under the
influence of guerrilla groups.

They believe that the involvement of social organizations promoting democratic


and progressive spaces for marginalized sectors, or the progress of political
movements defending and justifying the Peace Agreements and engaging in
dialogue with insurgent groups, entities and corporations where local and regional

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

influencing decisions are made. To justify their stance, they consider it necessary
to resort to violent and intimidating means to "neutralize" these actors and
preserve the "established order."

In municipalities affected by hydrocarbon projects, such as Puerto Gaitán,


Cabuyaro, Acacías, Castilla la Nueva, and Guamal in Meta, as well as San Luis,
Trinidad, Pore, Paz de Ariporo, Orocué, Tauramena, Yopal, and Aguazul in
Casanare, various social conflicts arise in relation to employment and the demand
for goods and services. Leaders, activists, and their social and community
organizations establish relationships with regional and national platforms to
strengthen their demands, becoming crucial players during local and territorial
elections.

However, their organizational involvement at a supralocal level makes them


targets of threats and persecution. These threats also hinder the organization and
political participation of social sectors in conflict, which seek greater influence in
local and regional centers of power to have their requests, complaints, and rights
addressed. The risk posed by post-disarmament armed groups is concentrated in
specific municipalities within the Casanare piedmont and Meta, the central and
eastern plains of Casanare, the Vichada savannas, the Western province of
Boyacá, the municipalities in the Ariari River region (Granada, San Martín), Puerto
Gaitán, Puerto López, and the central municipalities of Meta. In these territories,
historically influenced by the now-defunct AUC and successor paramilitary
structures, it is uncommon to find left-wing candidates, movements, or political
parties.

The ideas and movements defending rights and promoting the OSIGD community
have faced significant resistance from more conservative segments of the
population. This has led to widespread rejection of these movements, including
my own leadership, and has even resulted in death threats.

Subsequently, a pamphlet was circulated announcing the AGC's intent to carry


out social cleansing, and I was reported to this group. This alarming situation
forced me to leave the department and seek refuge elsewhere. The information
provided is supported by the Early Warning No. 008-2021 from the Ombudsman's
Office, which states:

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

According to the pamphlet, paramilitarism has resurged in the municipalities of


Casanare department due to the progress made by guerrilla groups like the ELN
and dissident factions of the former FARCEP in the northern and central
municipalities of the department.

The paramilitary groups are engaging in various activities such as issuing threats
through videos and pamphlets on social media, sending intimidating phone
messages, carrying out extortion kidnappings, planting explosive devices, and
even committing targeted killings.

The pamphlet explicitly states their intention to occupy the areas where these
criminal groups have been active for years, including both rural and urban areas
in municipalities such as Sacama, Salina, Tamara, Aguazul Casanare, Pajarito,
Pisba, and Paya Boyacá.

The threats issued by the alleged AGC (Autodefensas Gaitanistas de Colombia)


indicate their intention to carry out a "social cleansing" against drug dealers, cattle
thieves, vehicle thieves, apartment burglars, and swindlers.

These violent actions are extended to collaborators, militiamen, and combatants


of the dissident factions of the former FARC-EP and ELN. The pamphlet specifies
that they will start with recognized militiamen and informers of the guerrilla in
hamlets like Cupiagua, Plan Brisas, Cunama de Aguazul, and El Morro de Yopal.

These accusations from organized armed groups, particularly the paramilitary


AGC, pose a threat to social and community leaders as well as human rights
defenders who represent and safeguard the interests of communities.

These leaders are involved in issues related to state investment projects,


extractive sector companies, defense of natural resources, labor rights,
community participation, labor contracting, and provision of goods and services.
The individuals at highest risk are those exercising social leadership in the
districts of Cupiagua, Plan Brisas, and Cunamá in the municipality of Aguazul,
and in the district of El Morro, which includes 18 rural areas in the municipality of
Yopal.

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

Consequently, there is a risk of threats, accusations, attacks on personal integrity,


targeted killings, massacres, kidnappings, and forced disappearances.

The paramilitary groups aim to legitimize their presence and activities in the
territory by executing these threats against the aforementioned social sectors.
They also seek support, whether voluntary or forced, from relevant economic and
political sectors in Casanare society.

This support is necessary for obtaining funding to strengthen their position,


establish territorial control, and have a strategic influence on the political,
economic, and military reality of the region. Additionally, if they achieve a strong
position in the territory, they may victimize business sectors and contracting firms
through impositions and other forms of violence associated with economic
extortion.

The pamphlet explicitly mentions that they will ask businessmen for a small
contribution of 3% of their contracting profits, and they will personally explain the
support they require from cattle ranchers and rice farmers, acknowledging the
impact of criminals from the FARC and ELN on these sectors.

The risk situation is further exacerbated by the growing perception of citizen


insecurity in urban centers and inter-municipal roads of the department. There is
a lack of trust in the management of administrative, police, judicial, and military
authorities to effectively address these threats.

other social risk factors related to the consumption of psychoactive substances


that fuel drug trafficking and drug dealing, street robberies, residential and vehicle
thefts, highway robberies, cattle theft and "butcher shops", the increase in urban
indigence, and the important presence of the vulnerable and socioeconomically
precarious Venezuelan migrant population. These social problems contribute to
xenophobia and mistrust among residents towards socially stigmatized
populations.

The situation mentioned is further exemplified in the menacing pamphlet, where


it explicitly asserts, "We are the security that Casanare needs since the state
institutions have proven incapable of fulfilling their responsibilities" (sic, emphasis
added).

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023
Official Translator: Jose Fernando Jaramillo Sanint. Address Calle 70A No. 238-34 Manizales Colombia
Tel: (57) (6) 8874601 Mobile: (312) 298-5417 (310) 6841185 Email: digipro851@gmail. com

D) CONCLUDING ARGUMENT

Your Honor, I would like to bring to your attention the persecution I have endured
at the hands of organized armed groups (GAOs) associated with paramilitary
structures. These groups are engaged in a conflict with guerrilla forces in the
region where I took on a leadership role in the community. I actively opposed the
political structure that had ties to these unlawful groups, which consequently led
to threats against my life.

In an attempt to secure my safety, I decided to relocate to a different region within


my country. However, it became apparent that the extensive influence wielded by
these illegal armed groups extends nationwide, as I previously mentioned. This
realization meant that my life was constantly in jeopardy, and I lived with the
constant awareness that my days were numbered.

Given these circumstances, I earnestly implore Your Honor to safeguard my life.


It is with great difficulty that I admit I cannot return to my country, as doing so
would inevitably result in my death.

This translation has been done by JOSE F. JARAMILLO SANINT, official translator and
Interpreter for the English-Spanish-English languages according to resolution No. 0499
Issued on April 02, 2004 by the Ministry of the Interior and Justice, Republic of Colombia.
This document is an accurate translation of the original. June 13, 2023

You might also like