Retired military reject JEP requesting investigations against lawyers for uniformed officers

Retired officers of the Military Forces and Police issued a public statement in which they expressed their rejection of the JEP’s order to investigate lawyers who allegedly exerted pressure on uniformed men who have appeared before the transitional justice system to testify on facts related to “ false positives”. The Army Commander, General Eduardo Zapateiro, indicated that “we will not allow ourselves to be overcome by more vicious poisons.”

Retired officers of the Military and Police Forces joined to issue a public statement in which they expressed their disagreement with a particular issue: the JEP statement in which it ordered that lawyers for uniformed men who have undergone transitional justice be investigated and that, apparently, they have been the victims of pressure, on the part of their defenders, to change statements related to false positives. (You may be interested: ‘Data from the JEP prove that Democratic Security was a criminal policy’: victims)

The letter that brings together various associations that are part of the Permanent Work Table (MTP) of the Corps of Officers of the Active Reserve of the Military Forces and National Police, “categorically rejects the recent pronouncement of the JEP, by publicly ordering indeterminate investigations against prestigious lawyers who exercise the legitimate right of defense of appearing parties belonging to our Public Force (…) regarding the formally denounced facts of extrajudicial executions in the so-called case 003 ”.

According to the retired uniformed officers, so far no accusation is known that directly compromises the jurists and, as they affirm, from the criminal point of view, “the reality of the facts can only be determined, once have complied with the different procedural stages in a proper manner and under full guarantees of legal security “. The problem with the pronouncement of the JEP, according to these associations of military and police, is that these accusations “affect the honor and good institutional name.”

For them, this position of the special court explains the interest in wanting to join the “unprecedented offensive that has been carried out against our military and police, with the purpose of demoralizing and discrediting those who selflessly serve the country, under the firm commitment to defend the homeland and its democratic institutions ”. Another who spoke out was the commander of the National Army, General Eduardo Enrique Zapateiro, who this afternoon spoke through his Twitter account with a message that was widely controversial.

In response to the controversial statement of the high command of the National Army, the executive director of Human rights observation (HRW), José Miguel Vivanco questioned that the “cryptic message” was given a day after the JEP announced progress in the investigation of false positives. Therefore, he asked Zapateiro to clarify the meaning of his trill, warning that “it would be very serious for the Army to try to intimidate a court.”

The Association of the mothers of the so-called “false positives” also reacted to the commander’s message. Through their Twitter account several messages, in one they state: “what a scare that these gentlemen are still there. We are not poisonous snakes. We are victims of the Army ”. Senator Iván Cepeda also did the same and through the same channel asked General Zapateiro to speak clearly to the country. “His position and responsibility requires transparency and unrestricted compliance with the Constitution. No threats or warnings. The time when ‘false positives’ were committed in silence and impunity passed, General, ”he said.

These statements are given in the midst of the convulsed environment that was generated after the most recent revelation of the JEP. The special court reported that at least 6,402 people were victims of extrajudicial executions, between 2002 and 2008, during the presidency of Álvaro Uribe. This figure is considerably different from the report delivered by the Attorney General’s Office to the JEP, in which only 2,248 victims were registered between 1988 and 2014, concentrating 59.3% between 2006 and 2008. That means there are 4,154 more , according to the Peace Tribunal. And the number may increase, as the “false positives” date from the 1980s and are studied until the Peace Agreement.

But going back to the complaint of the retired soldiers, the issue was born at the beginning of this month when two former soldiers in their statements before the JEP spoke about pressure they would be receiving to modify their testimonies before that special justice. The issue put the magistrates to inquire about who would be behind this alleged plan that, according to the complaint, is intended to modify or obviate facts within the versions of the uniformed before this jurisdiction. This delicate matter originates from the statement of a member of the Public Force in case 003, called “Illegitimately killed as casualties in combat by State agents.” That is to say, extrajudicial executions or as they are commonly called: false positives.

What the JEP learned is that possibly these pressures would come from Fondetec lawyers. The latter “is an institutional response to the need to provide legal security and well-being to active or retired personnel of the Public Force, linked to criminal or disciplinary proceedings for the commission of alleged misdemeanors or crimes in compliance with the constitutional mission assigned to the Force Public or on the occasion of it (…) It is also empowered as of 2017 to provide technical defense services to active and retired members in the Comprehensive System of Truth, Justice, Reparation and Non-Repetition. In other words, jurists who defend the uniformed in legal proceedings. (Also read: JEP inquires about alleged pressure for ex-military to change their testimonies)

Faced with this situation, the Reconnaissance Chamber asked Fondetec for information about its activities. It also informed the different offices within the JEP to report other events similar to those denounced. In addition, this Chamber certified copies to the Attorney General’s Office and the Attorney General’s Office so that they are aware of the complaints. The Public Ministry, the document warns, has been present during the proceedings where the uniformed officers have narrated the alleged pressures.