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State agents involved in the murders of civilians, a critical humanitarian situation in the regions and alarming conditions in the country’s prisons are among the cases referred to in the document that this newspaper learned about. For his part, he recognized the work of the JEP in clarifying the ‘false positives’.
The United States Department of State revealed its first annual report on the human rights situation in Colombia, the first published in the Joe Biden administration, this March 30, 2021. The 43-page document does not leave a good impression the Government in this matter and gives strong support to the JEP, the special court of justice that has sought to weaken and discredit the Duque administration. In addition, although it includes reports on the actions of illegal armed groups such as the Eln, the Gulf Clan (Agc) or the FARC dissidents, a good part of the seven-section report focuses on the direct responsibilities that agents had. of the State in human rights violations last year.
Only between January and August 2020, citing figures from Cinep, there were 15 cases of intentional deaths of civilians committed by state agents, the document says. And among the specific cases he cites is that of the peasant Salvador Jaimes Durán, in Norte de Santander, in which the community detained six soldiers who they identified as responsible for the murder. Or also the case that occurred in that same department, of Worthy Emeritus Buendía, who according to reports was assassinated by members of the Second Division of the Army in the middle of an operation to eradicate coca crops. In both cases, the document emphasizes that the military authorities, after the deaths, tried to link the victims with illegal groups, while the communities maintained that they were civilians.
Grass: One farmer killed and three injured in a forced eradication operation in Cúcuta
But the murder of Javier Humberto Ordoñez, in Bogotá, is also included in the report. In this case, it cites the autopsy performed on the victim, which revealed that he had died as a result of the beating that police officers gave him.
In relation to the investigations into homicides of civilians committed by the Public Force, the document assures that they are progressing slowly. Between January and August, the Prosecutor’s Office registered 25 new cases of alleged aggravated homicides committed by state agents, between 2008 and 2020. Likewise, also between January and August, six members of the State forces were formally charged with homicide or aggravated homicide, all for acts committed in previous years.
However, it recognizes the efforts to find those responsible in the cases of ‘False positives’. As of June 2020, the Prosecutor’s Office reported that 1,740 members of the Public Force had been convicted in 270 cases related to false positives since 2008. It also reported that there were investigations opened for this practice against 14 active and retired generals and that in total there were 2,286 investigations opened for false positives in the country, cut to July last year.
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But a special reference was taken by the work that the Special Jurisdiction for Peace has been carrying out in this way. According to the State Department: “The JEP, the justice component envisaged in the 2016 peace agreement, continued to take effective measures to punish the perpetrators of serious human rights violations in a manner consistent with international law. This included activities to advance Case 03, focused on extrajudicial executions or ‘false positives’ committed by the First, Second, Fourth and Seventh Divisions of the Army ”.
In particular, the document highlights the discovery of the Dabeiba mass grave thanks to the testimonies collected and the recognition of General William Henry Torres Escalante of his responsibility in the ‘false positives’ and his request for forgiveness from the families of the victims. It is worth clarifying that the document’s study period was prior to the JEP revealing the new figure of 6,402 victims of this practice between 2002 and 2008. “As of August 31, the JEP had received 250 ‘voluntary versions’ of the alleged perpetrators who They relate in their versions the events that occurred during the conflict (case 03). Said testimonies led the investigators to discover a mass grave of alleged victims of false positives in the department of Antioquia ”, he highlighted.
The Government of Joe Biden stressed that, although the Office of the Attorney General of the Nation is the Colombian entity called upon to investigate the allegations of human rights abuses committed by the State security forces in Colombia, the JEP is the entity that it has the competence to solve and punish crimes committed in relation to the armed conflict before December 1, 2016 as established in the Fine Peace Agreement.
Just as he highlighted the legitimacy of the peace process between the government and the FARC, saying that although, in August 2019, a small group of ex-guerrilla dissidents returned to the armed conflict, “claiming that the government had not fulfilled its obligations. By virtue of the peace agreement, this did not result in a significant response from the ex-combatants of the Farc-EP who have been participating in the process ”and who remain firm with the three entities of the transitional justice system: the JEP, the Commission of the Truth and the Search Unit for Missing Persons.
The ghost of the ‘Chuzadas’
The report referred to a practice that is already well-known in the country: that of illegal interceptions or ‘jabs’. “The law prohibits such actions, but there were allegations that the government did not respect the prohibitions. Government intelligence agencies investigating terrorist organizations sometimes monitor telephone conversations without judicial authorization. “
As one of those cases, the report includes the complaint that became known in May last year that intelligence members prepared 130 files on politicians, judges, former members of the Army, human rights defenders and journalists. According to the figures in the report, in August the Office of the Prosecutor had two investigations open for these events and the Office of the Attorney General had 16 disciplinary investigations underway.
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The critical overview of the humanitarian situation
“The Eln, the FARC dissidents and other armed groups continued to plant mines,” highlights the State Department. Based on Mine Action figures from the High Commissioner for Peace, between January and September 13 people died and 74 were injured as a result of improvised explosive devices.
Specifically, the document refers to the murders of former FARC combatants. “Independent observers expressed their concern over the fact that inadequate security guarantees facilitate the murder of ex-FARC militants.” With cut to November and with the figures of the UN Verification Mission, the report speaks of 232 ex-combatants killed since the signing of the peace agreement. Regarding these cases, the Prosecutor’s Office reported 22 sentences, 15 cases under trial, 17 under investigation, and 44 with arrest warrants in force. Today the number of homicides reached 260 cases, according to the Comunes party, formerly FARC.
In relation to forced displacement, the State Department speaks of 37,760 victims in 84 displacement events in 2019, while as of August 2020 the figure was 15,400 victims in 52 displacements. The departments with the most cases: Antioquia, Cauca, Chocó, Nariño and Norte de Santander.
The possible collusion between members of the Public Force and illegal armed actors is also mentioned in the report, based on complaints from human rights organizations and government investigators. Between January and September, according to the Prosecutor’s Office, nine members of the Public Force were formally accused of having ties to illegal groups.
Conditions in prisons
A special chapter included in the report the situation in the country’s prisons. With figures from Inpec itself, the report speaks of 29% overcrowding in prisons, with 106,700 inmates in 132 prisons. Likewise, it included the 24 prisoners who died “during a failed escape attempt at La Modelo, in Bogotá, which took place during protests coordinated with 19 other prisons that occurred in apparent response to the health and sanitary conditions exacerbated by the Covid- 19 “. According to a Human Rights Watch report cited in this document, “the deaths were consistent with intentional homicide.”
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It is also detailed in the report that physical abuse by guards, violence between prisoners and the inability of authorities to maintain control were common problems in prisons. With cut to July, the Inpec had open disciplinary investigations against 135 guards for abuse and inhumane treatment. Similarly, 392 deaths were reported in prisons and other detention centers, of which 37 were attributed to internal fighting.
“Many prisoners continued to face difficulties in receiving adequate medical care. Nutrition and water quality were poor and contributed to general poor health. The inmates maintained that the authorities routinely rationed water in many facilities, which officials attributed to the shortage of water in the city. “
It was also mentioned that, according to NGOs, there were countless reports of cases of sexual violence committed by guards against inmates. But not only in prisons. The report highlights the case in which seven members of the Army were accused of raping a 12-year-old indigenous girl in Risaralda.
The Government’s attitude towards investigations for Human Rights violations
According to the report, countless NGOs reported having received threats by mail, to their cell phones, false obituaries and other threats, as part of their work in the investigation of human rights violations. However, the same document highlights that “a wide variety of local and international human rights organizations generally operated without government restrictions, and investigated and published their findings. Members of the Government were regularly cooperative and willing to listen to the concerns of local human rights groups. “
As of July, the Prosecutor’s Office reported 471 active investigations into threats to human rights defenders and there were three convictions during the year in cases of threats to these defenders. In addition, the report recognizes the independent nature of the Ombudsman, who promotes and monitors the exercise of human rights.
Here you can see the full report
