Web pages about "Colombia"

ICC in difficulty ten years after the Rome Statute

Thu, 17 Jul 2008 19:27:01 +0100

Thursday 17 July marks the tenth anniversary of the Rome Statute, the treaty that led to the establishment of the International Criminal Court (ICC).

Set up in 2002, the ICC is mandated to investigate and prosecute crimes of genocide, crimes against humanity and war crimes, when national authorities are unable, or unwilling to do so.

Lauded as one of the most ambitious steps by the international community in recent history, the ICC has made significant progress in its investigations. But its work is being obstructed by serious internal and external difficulties.

The Court’s first investigations in the Central African Republic, the Democratic Republic of Congo, the Darfur region of Sudan and northern Uganda have focussed on some of the most serious human rights situations in the world. Afghanistan and Colombia are also being assessed.

Prosecuting cases is the problem. To date, the Court has issued 12 public arrest warrants, with another requested by the Prosecutor on 14 July 2008. Only four people have been arrested and surrendered for trial. The first case has been stayed. The accused may be released on fair trial grounds.

Without its own police force, the Court’s ability to prosecute cases depends upon the willingness of states to arrest and surrender those charged.

If a state fails or refuses to arrest and surrender persons to the Court, it was thought that other states and intergovernmental organizations would pressure them to do so. In practice, this is proving ineffective.

In response to the government of Sudan’s refusal to arrest and surrender former Minister of Humanitarian Affairs Ahmad Harun and Janjaweed leader Ali Kushayb to the Court, the United Nations Security Council issued a Presidential Statement in June 2008 calling for cooperation.

However, Sudan continues to refuse to implement the warrants. Four senior leaders of the Lords Resistance Army accused of crimes against humanity and war crimes in northern Uganda still remain at large.

An obstacle within the ICC emerged in June 2008, before the start of the Court’s first trial. The case against Thomas Lubanga Dyilo was stayed by the Trial Chamber to protect the right of the accused to a fair trial.

This was because the Prosecutor was unable to disclose to the defence exculpatory and mitigating evidence that had been provided confidentially by the United Nations and other organizations.

Confidentiality agreements are provided for in the Rome Statute, but only in exceptional circumstances and for the purpose of generating new evidence. A decision has been made to release the accused. Both decisions are the subject of appeals.

The possible collapse of the Court’s first case on fair trial grounds is deeply troubling. In particular, victims of the charges will be denied the opportunity to participate in the case.

However, the Trial Chamber’s decision to ensure the rights of the accused to have access to all information which could demonstrate their innocence demonstrates the Court’s determination to apply the highest standards of justice.

To date, 107 states, over half the international community, have ratified the statute. Many other states, including governments who originally opposed the statute, are in the process of ratifying.

Even the USA, which launched a worldwide campaign against the ICC, has since supported its work at the United Nations Security Council and indicated that it may cooperate with the ICC’s future investigations.

Amnesty International is a strong supporter of the Court. The organization lobbied extensively during the drafting of the Rome Statute for a just, fair and effective permanent court.

The long-term success of the Court as a central element of the new system of international justice will depend on its ability to prosecute cases. However, arrest and surrender of suspects is a matter largely outside the ICC’s control.

The supporters of the Court, therefore, have a vital role to ensure that cooperation is demanded bilaterally from states and through intergovernmental organizations. Efforts must also be taken to ensure that missions conducted by intergovernmental organizations are mandated to execute arrest warrants.

Ingrid Betancourt freed

Fri, 04 Jul 2008 11:36:08 +0100

Amnesty International has welcomed the news that on 2 July former presidential candidate Ingrid Betancourt at last gained her freedom after more than six years in captivity at the hands of the guerrilla group, the Revolutionary Armed Forces of Colombia (FARC).

Ingrid Betancourt, kidnapped in 2002, was freed along with three US contractors, kidnapped by the FARC in 2003, as well as 11 members of the Colombian security forces held captive by the guerrilla group. The Colombian government has said the 15 were freed following a military operation by the Colombian security forces.

"We must not, however, forget the hundreds of other civilians still being held, mainly by the FARC and the National Liberation Army (ELN), which must release all of them immediately and unconditionally, as well as commit to put an immediate end to all kidnapping and hostage-taking", Amnesty International said.
All those held captive must be treated humanely, regardless of whether these are civilians or members of the security forces.

Colombia: All hostages must be released

Wed, 02 Jul 2008 22:01:06 +0100

In reaction to the news that former presidential candidate Ingrid Betancourt has at last gained her freedom, Amnesty International said:

“This is positive news but we should not forget about the other hundreds who continue to be held across Colombia. We urge the FARC to release them immediately and unconditionally."

Colombia: Extradition of paramilitary leaders must not lead to closure of investigations into human rights violations

Thu, 15 May 2008 17:59:51 +0100

The Colombian government's decision to extradite 14 paramilitary leaders wanted in the USA on drugs-trafficking charges should not be used as an excuse to end investigations into the role played by paramilitaries in committing human rights violations against thousands of people, often in collusion with or the acquiescence of the Colombian security forces, Amnesty International said today.

On taking the decision to extradite them, the government is arguing that these paramilitary leaders have failed to tell the whole truth about the human rights violations they committed, have continued to reoffend while in prison, and have failed to fulfil commitments they had made as part of the demobilization process in terms of reparation to their victims.

"The paramilitary demobilization process -- by which over 31,000 members of paramilitary groups supposedly demobilized -- and the legal framework that has accompanied it, has been a complete sham which has abjectly failed both to dismantle paramilitarism in Colombia and to respect the right of victims to truth, justice and reparation. The Colombian government now appears to share this view, which it had denied for so long," said Amnesty International.

The organization stated that in extraditing these men on drugs-trafficking charges without reference to human rights violations, there is a real danger that tentative investigations being carried out in Colombia, especially by the Human Rights Unit of the Office of the Attorney General and by the Supreme Court of Justice, will be severely weakened.

"There is now a real danger that the full scale of human rights violations committed over the years by paramilitaries, as well as the key role played by the security forces, state officials and leading political and business figures in these crimes, will remain hidden and, as such, in complete impunity," said Amnesty International.

Amnesty International is also concerned that allegations about the involvement of US agencies in supporting paramilitary groups may not now be fully investigated. Not only has the US provided military assistance to Colombian military units operating closely with paramilitaries, but in the 1990s evidence emerged that the PEPES paramilitary structure - created to hunt down drug-trafficker Pablo Escobar - was possibly operating with the support of US security agencies. "Don Berna" allegedly had close links with the PEPES. The PEPES evolved into the paramilitary Autodefensas Campesinas de Córdoba y Urabá.

"Despite the extraditions, criminal investigations in Colombia into human rights atrocities committed by these paramilitaries, and their links with the security forces and others, must continue, if their countless victims are ever to receive any semblance of justice," said Amnesty International.

"The US authorities, for their part, also have a duty to effectively investigate, and if there is sufficient admissible evidence, prosecute the countless allegations of human rights violations already levelled against the 14 extradited paramilitaries, as well as investigate any possible links these men had with either Colombian or US officials."

Amnesty International called on the Colombian authorities to seek and confirm assurances from the US authorities that the death penalty will not be imposed.

Background Information
The Colombian government today announced that it had extradited the 14 paramilitary leaders, including Salvatore Mancuso, Rodrigo Tovar Pupo (alias "Jorge 40") and Diego Fernando Murillo (alias "Don Berna"), to the United States, after the government argued that they had broken the terms of a demobilization agreement.

Over the last few decades paramilitaries, in coordination with the security forces and the political and economic support of many local, regional, and some national political and economic elites, have been responsible for some of the worst atrocities imaginable, including the killing and enforced disappearance of thousands of civilians and the forced displacement of millions more.

The 14 paramilitary leaders, together with hundreds of other paramilitaries, had been in detention in Colombia awaiting trial under the controversial Justice and Peace process, whereby paramilitaries who agreed to demobilize were eligible for significant reductions in prison sentences in return for full confessions about human rights violations they committed, including war crimes and crimes against humanity.

Colombia: Extradition of paramilitary leaders must not lead to closure of investigations into human rights violations

Tue, 13 May 2008 19:05:45 +0100

Amnesty International called on the Colombian authorities to seek and confirm assurances from the US authorities that the death penalty will not be imposed.

FARC releases four more hostages

Thu, 28 Feb 2008 16:34:58 +0000

Four more hostages have been released by the Revolutionary Armed Forces of Colombia (FARC). Former Congress members Gloria Polanco, Luis Eladio Pérez, Orlando Beltrán and Jorge Géchem were released on Wednesday after over six years in captivity. Their release was reported to have been brokered by Venezuela's President Hugo Chávez.

The releases raise hopes that the guerrillas will free more of their estimated 700 hostages. Amnesty International, in welcoming the releases, called for the urgent release of all remaining hostages being held throughout the country.

Susan Lee, director of Amnesty International’s Americas programme, said that the releases are "very positive news but we must not forget about the hundreds of civilians who are still being held hostage across Colombia. They must be immediately and unconditionally released."

However the FARC, who want to exchange their high-profile prisoners for hundreds of jailed guerrillas, have indicated that they will not free any more hostages until Colombia creates a demilitarised zone for talks. Colombian President Álvaro Uribe has said that he will only offer peace talks to FARC if they first lay down their weapons, which they have refused to do.

All parties in Colombia's long-running armed conflict – the security forces, paramilitaries acting alone or in conjunction with the armed forces, and guerrilla groups – continue to abuse human rights and violate international humanitarian law.

"We urge both sides in the conflict to stop targeting civilians and call on the Colombian government to investigate all human rights abuses committed in the country and to bring those responsible to justice," said Susan Lee.

Colombia: All hostages must be urgently released

Wed, 27 Feb 2008 17:50:28 +0000

"The release of Gloria Polanco, Luis Eladio Pérez, Orlando Beltrán and Jorge Géchem is very positive news but we must not forget about the hundreds of civilians who are still being held hostage across Colombia. They must be immediately and unconditionally released," said Susan Lee, director of Amnesty International’s Americas Programme.

All parties in Colombia's long-running armed conflict -- the security forces, paramilitaries acting alone or in conjunction with the armed forces, and guerrilla groups -- continue to abuse human rights and violate international humanitarian law.

"We urge both sides in the conflict to stop targeting civilians and call on the Colombian government to investigate all human rights abuses committed in the country and to bring those responsible to justice," said Susan Lee.

Colombia: Peace Community members return home three years after massacre

Tue, 19 Feb 2008 17:10:18 +0000

Amnesty International today urged the Colombian government and armed groups involved in the country’s internal conflict to respect the right of members of the Peace Community of San José de Apartadó to return to the Mulatos hamlet in safety, three years after a massacre on 21 February 2005 forced some of them off their land.

“People across Colombia are being forced into a conflict that has killed or forcibly disappeared tens of thousands of civilians and displaced millions more. The Colombian government must ensure that the right of the civilian population not to be involved in this deadly conflict is protected,” said Susan Lee, Amnesty International’s Americas Programme Director.

“We are extremely worried about the safety of the men, women and children going back to Mulatos particularly because of the abuses committed precisely when the community has in the past tried to resettle abandoned areas of land,” said Susan Lee.

The hamlet of Mulatos is part of the San José de Apartadó Peace Community, located in the department of Antioquia, northwest Colombia. Over the last decade, the Peace Community has urged all combatants to respect their right not to be drawn into the conflict. Since its creation in 1997, more than 160 of its members have been killed or forcibly disappeared, most at the hands of army-backed paramilitaries and the security forces, but also the guerrilla.

On 21 February 2005, eight members of the Peace Community, including a prominent leader, Luis Eduardo Guerra, three children aged 2, 6 and 11, and a 17 year-old woman, were killed and their bodies mutilated. Some of the killings took place in the Mulatos area.

Judicial investigations suggest the killings were carried out by the security forces in coordination with paramilitaries, despite efforts by the Colombian authorities to attribute the massacre to the guerrilla.

“Although we welcome the apparent advances in the criminal investigations into the 2005 massacre, it is incredibly disappointing that little, if no progress has been made into investigating possible chain-of-command responsibility in this case, nor into investigating the vast majority of the more than 160 killings committed against members of the Peace Community,” said Susan Lee.

Despite their supposed demobilization, Amnesty International continues to receive information about ongoing paramilitary activity in the San José de Apartadó area, as well as reports about human rights violations committed by the security forces, often in collusion with paramilitaries.

On 23 December 2007, María Margarita Giraldo Usuga, a member of the Peace Community, was reportedly abducted by members of the army in Arenas Bajas. She was subsequently killed and presented by the army as a guerrilla killed in combat. Her body reportedly showed signs of torture.

On 6 January 2008 members of the army reportedly threatened to kill Margarita’s relatives if they did not publicly admit that she was a guerrilla member. When Margarita’s family members refused, the army reportedly told them to leave the area otherwise paramilitary forces would come to kill them.

Both the Inter-American Court of Human Rights of the Organization of American States and Colombia’s Constitutional Court have called on the Colombian authorities to guarantee the Peace Community’s safety, and to make greater efforts to bring to justice those responsible for attacking it. But the Colombian authorities appear to have taken little action to comply with these requests.

FARC releases two high profile hostages

Thu, 10 Jan 2008 18:36:37 +0000

The Revolutionary Armed Forces of Colombia (FARC) released two of its high-profile hostages on Thursday. Clara Rojas, the running-mate of former Presidential candidate Ingrid Betancourt – who is still being held by the guerrilla group – and who was kidnapped in 2002, and former congresswoman Consuelo González, kidnapped in 2001, were released.

The releases were facilitated by Venezuelan President Hugo Chávez, who was also behind the failed attempt to release the same hostages at the end of last year. The two women were handed over to delegates from the International Committee of the Red Cross and the Venezuelan government in a remote area of Guaviare department in the south-east of Colombia.

Welcoming the releases, an Amnesty International spokesperson said that hostage-taking was a flagrant breach of international humanitarian law, which can constitute a war crime.

"The FARC and the National Liberation Army (ELN) must immediately and unconditionally release all civilians they have taken hostage," said Claudio Cordone, Senior Director at Amnesty International. "They must not kill and must always treat humanely those they have captured, whether they are civilians or members of the armed forces."

Colombia: Amnesty International welcomes release of two hostages held by FARC guerrilla group

Thu, 10 Jan 2008 18:08:31 +0000

Amnesty International today welcomed the release by the Revolutionary Armed Forces of Colombia (FARC) of two of its high-profile hostages.

Clara Rojas, the running-mate of former Presidential candidate Ingrid Betancourt -- who is still being held by the guerrilla group -- and who was kidnapped in 2002, and former congresswoman Consuelo González, kidnapped in 2001, were released on 10 January.

The releases were facilitated by Venezuelan President Hugo Chávez, who was also behind the failed attempt to release the same hostages at the end of last year. The two women were handed over to delegates from the International Committee of the Red Cross and the Venezuelan government in a remote area of Guaviare department in the south-east of Colombia.

Amnesty International said that hostage-taking was a flagrant breach of international humanitarian law, which can constitute a war crime.

"The FARC and the National Liberation Army (ELN) must immediately and unconditionally release all civilians they have taken hostage," said Claudio Cordone, Senior Director at Amnesty International.

"The FARC and ELN must not kill and must always treat humanely those they have captured, whether they are civilians or members of the armed forces," said Cordone.

Background Information
Although kidnappings have fallen significantly in recent years, the figures remain high. More than 400 people were kidnapped in 2007, with common delinquency responsible for around half of these. The FARC, and to a lesser extent the ELN, are responsible for most conflict-related kidnappings.

The FARC continue to hold a number of high-profile hostages, including Ingrid Betancourt, kidnapped in 2002.

In June 2007, there was widespread condemnation after 11 of the 12 deputies from the Valle del Cauca Departmental Assembly, kidnapped by the FARC in April 2002, were killed in uncertain circumstances .

Over the last few years, there has been constant speculation that the FARC and the Colombian government were prepared to agree a "humanitarian exchange" -- the exchange of FARC prisoners held by the Colombian authorities for hostages held by the guerrilla group.