Timeline for entries tagged “JEP”

A chronology of events related to peace, security, and human rights in Colombia.

August 30, 2021

Gen. Montoya will not be indicted in regular justice system

In a decision that, El Tiempo reported, “didn’t cause surprise for the majority of sectors,” Bogotá’s Superior Tribunal refused to allow the Prosecutor-General’s Office (Fiscalía) to charge or indict Gen. Mario Montoya, the commander of Colombia’s army between 2006 and 2008, for human rights crimes. The court ruled on August 30 that Colombia’s regular criminal justice system, led by the Fiscalía, may continue to investigate Gen. Montoya’s role in the military’s numerous killings of non-combatants during his tenure. But while his case remains before the 2016 peace accords’ special transitional justice system (Special Jurisdiction for Peace, or JEP), the Fiscalía cannot separately charge him or bring him to trial.

Gen. Mario Montoya, now 72, faces allegations of creating a command climate and incentive structure that led soldiers to kill thousands of civilian non-combatants. Throughout the country, under pressure to increase “body counts,” officers claimed falsely that civilian victims were armed-group members killed on the battlefield. The JEP is investigating these abuses, known as “false positives,” and has charged former commanders in two regions of the country so far. It surprised the country earlier this year by releasing a very high estimate of the number of civilians killed by the military: 6,402 between 2002 and 2008, which would be well over 40 percent of the armed forces’ claimed combat kills during those years.

A highly decorated officer whom many Colombians associated with the country’s security gains of the mid-2000s, Gen. Montoya resigned in November 2008 after a particularly egregious example of “false positive” killings came to light, blowing the scandal open after years of human rights groups’ denunciations. Former subordinates have portrayed the general as a key architect of the incentive system that encouraged officers to pad their units’ body counts even if it meant paying criminals to kill the innocent.

In 2018, Gen. Montoya agreed to have his case tried in the JEP instead of the regular justice system, even though the Fiscalía at the time was barely moving on its investigation of him. In his appearances before the transitional justice tribunal so far, Montoya has insisted on his innocence. This is risky: if he were to confess to his role in false positives and take actions to make amends to victims, Gen. Montoya would most likely be sentenced to up to eight years of “restricted liberty”—not prison. However, if he pleads “not guilty” and the JEP determines otherwise, he could go to regular prison for up to 20 years. The JEP has not yet formally charged Montoya with anything.

The Fiscalía, led by chief prosecutor Francisco Barbosa, surprised many in July when it announced it would seek to indict Gen. Montoya for his role in 104 “false positive” killings that took place after a 2007 order requiring the military to de-emphasize body counts. With his case already moving in the JEP, it was not clear whether the regular justice system had the legal standing to issue charges against Gen. Montoya at the same time. On August 30, Judge Fabio Bernal decided that it did not.

For now, Gen. Montoya’s case will proceed in the transitional justice system. While the Fiscalía is not appealing the August 30 decision, relatives of some “false positive” victims plan to do so, because they believe that separate charges in the regular justice system would increase the chances of the General being held accountable. According to Sebastián Escobar of the José Alvear Restrepo Lawyers’ Collective, who represents some of the victims, a Fiscalía indictment would have helped because of Gen. Montoya’s reticence so far before the JEP:

If the Fiscalía were to continue with these investigations and charge him for at least some of these acts, it would contribute to the participants reaching a scenario of recognition [of responsibility for crimes]. In the case of Montoya, although he submitted voluntarily to the JEP, because his case was not advanced in the regular justice system, he has come to the [transitional] jurisdiction with an attitude of denying his participation in the policy that promoted these acts, and of not recognizing his responsibility from any point of view.”

Tags: Civil-Military Relations, JEP, Justice System, Military and Human Rights, Transitional Justice

August 26, 2021

Former president Álvaro Uribe, the country’s most vocal opponent of the 2016 peace accord with the FARC guerrilla group, met at one of his ranches on August 15 with the president of the Truth Commission created by that accord, Fr. Francisco de Roux, along with two other commissioners. Uribe, who faces questions about human rights abuses committed during his time as governor of Antioquia (1995-1997) and president (2002-2008), spoke at great length during the meeting, with little pushback from the commissioners.

The ex-president surprised many by calling for an amnesty for human rights and other crimes committed during the armed conflict. “Perhaps this country will need a general amnesty, almost a clean slate,” he told Fr. de Roux. This would appear to contradict one of Uribe’s many criticisms of the peace accord: that, in his view, it confers “impunity” on ex-guerrillas who (along with military personnel) will receive light sentences if they make full confessions and reparations.

On August 26 Uribe presented a draft amnesty law to legislators of his Centro Democrático party, a bill “to overcome judicial asymmetries and asymmetries in access to government employment.” Under the proposal, those accused of conflict-related crimes would receive a full amnesty if they ask forgiveness, recognize what they did “or, failing that, contribute to the truth, without this implying self-incrimination.”

Members of the military would be released from prison and allowed to hold office. A new chamber of the post-conflict transitional justice tribunal (Special Jurisdiction for Peace, or JEP) would be set up to judge military personnel separately. Anyone who in the past has investigated, denounced, or made public statements about these military human rights crimes would be disqualified from serving as a judge in that chamber.

Uribe’s proposal makes no distinction between commanders and subordinates involved in past crimes. He would not amnesty people accused of “war crimes, crimes against humanity, or public corruption.” The current list of non-amnistiable crimes that must go before the JEP, however, is longer and more specific: “War crimes, crimes against humanity, extrajudicial executions, child recruitment, rape and other forms of sexual violence, genocide, hostage taking or other serious deprivation of liberty, torture, enforced disappearance, child abduction, and forced displacement.”

“Let’s not talk about general amnesty, let’s talk about amnesty as a strong word to generate a national debate and look for a solution,” Uribe said last week. A national debate is very much underway, as the ex-president’s proposal has generated strong reactions.

“People can’t be ‘washing their faces’ with total amnesties, this will not happen as long as I am prosecutor, I will not allow this to go forward,” said the prosecutor-general (fiscal general), Francisco Barbosa, who is close to President Iván Duque, who in turn is a member of Uribe’s party.

The lead government negotiators in the 2012-16 talks that led to the FARC peace accord issued a 12-point document rejecting Uribe’s proposal. Humberto de la Calle and Sergio Jaramillo argue that it “would undermine the investigation and prosecution of those most responsible for serious violations, and victims’ rights to truth, justice and reparation.” They recalled having to explain to the FARC negotiators in Havana, “in January 2015, one of the most difficult moments in almost five years of negotiations,” that Colombia’s international commitments (the 2002 Rome Statute, the Inter-American human rights system) prohibited amnesties.

Were Uribe’s proposal to go into effect, the former negotiators add, “the first victims, in addition to the conflict victims of course, would be the members of the armed forces and other agents of the state who are currently participating in the transitional process and who will see their legal security disappear.” Notes Gustavo Gallón of the Colombian Commission of Jurists, “His [Uribe’s] argument is that they [the military] must not be equated with guerrillas. But it is the crimes they have committed that make them equal. In addition, in his effort to favor them, he would do them harm: the [peace] agreement and the JEP are more lenient than the ordinary justice system, in theory.”

Álvaro Uribe faces human rights questions ranging from many political associates’ sponsorship of paramilitary groups, to those groups’ rapid growth during his tenure as governor, to the military’s killings of several thousand civilians during his presidency (discussed in the next section). Jaramillo, the former negotiator—who served as vice-minister of defense under Uribe—told Colombia’s Blu Radio that Uribe “has long been seeking a general amnesty and a clean slate. This is something that has been on his mind for a long time and he will continue to insist on it.”

Tags: Human Rights, JEP, Politics of Peace, Transitional Justice

July 30, 2020

The JEP declares “precautionary measures” for ex-FARC members among its defendants, who are facing increased security threats. The transitional justice tribunal calls on the High Commissioner for Peace and the Presidential Counselor for Stabilization to convene bodies created by the peace accord to guarantee ex-combatants’ security, among other specific recommendations.

Tags: Demobilization Disarmament and Reintegration, High Commissioner for Peace, High Counselor for Stabilization, JEP, Protection of Excombatants, Transitional Justice

June 4, 2020

The Special Jurisdiction for Peace (JEP) rejects former top paramilitary leader Salvatore Mancuso’s petition to participate in the FARC peace accords’ transitional justice system as a “third party.” As a paramilitary leader, Mancuso—who was extradited to the United States in 2008 and imprisoned for drug trafficking, but who completed his sentence in early 2020—falls within the “Justice and Peace” transitional justice system set up for the paramilitaries’ post-2006 demobilization. The JEP denies that Mancuso, one of the most senior leaders of the United Self-Defense Forces of Colombia (AUC), could possibly have qualified as an outside supporter of paramilitaries during the pre-AUC era (late 1980s and early 1990s).

Tags: Extradition, JEP, Paramilitarism, Transitional Justice

June 1, 2020

In a special hearing, Maximum FARC party leader Rodrigo Londoño asks the Special Jurisdiction for Peace (JEP) to grant protective measures (medidas cautelares) to former guerrillas, nearly 200 of whom have been killed since the peace accord’s signature. Londoño says that 40 percent of those killed have been ex-guerrillas who were released from prison upon demobilizing; 39 more have suffered assassination attempts; and 177 have received threats since 2017. He adds that the Prosecutor-General’s Office (Fiscalía) has only “clarified” (identified the responsible actor) in 11.4 percent of cases.

Photo source: FARC.

Tags: Fiscalia, JEP, Protection of Excombatants

May 15, 2020

Citing health and COVID-19 concerns, the Special Jurisdiction for Peace (JEP) grants conditional release from prison to retired Gen. Jesús Armando Arias Cabrales, who led the Army’s Bogotá-based 13th Brigade during the 1985 M-19 guerrilla takeover of, and subsequent military assault on, the Palace of Justice in the city’s center. Gen. Arias Cabrales had been jailed for the torture and disappearance of civilians during that operation.

Tags: Civil-Military Relations, JEP, Military and Human Rights, Transitional Justice

April 30, 2020

Citing their vulnerability to COVID-19 while imprisoned, the Special Jurisdiction for Peace (JEP) orders house arrest for 25 people accused of committing war crimes while serving in the security forces. On April 22, the JEP’s Legal Situations Chamber denied release to two former senior officers, Colonels Joaquín Correa López y Jorge Eliécer Plazas Acevedo, both over 60 years old. The JEP mandated that they be granted humanitarian protective measures while detained.

Tags: Civil-Military Relations, JEP, Military and Human Rights, Public Health, Transitional Justice

April 21, 2020

The JEP amnesties Niall Connolly, James Monaghan and Martin McCauley, three alleged members of the Irish Republican Army (IRA) who had fled Colombia in 2004 while appealing a sentence for teaching FARC members how to build improvised bombs. The JEP finds that the men had committed an amnistiable political crime.

Tags: JEP, Transitional Justice

March 16, 2020

  • The Special Jurisdiction for Peace (JEP) refuses to admit former top paramilitary leader Carlos Mario Jiménez alias “Macaco,” who was extradited to the United States in 2008 and returned to Colombia in 2019. Macaco’s war crimes, the JEP contends, are already covered by the Justice and Peace transitional justice system set up for the AUC paramilitaries’ 2003-06 demobilization. However, the JEP holds out the possibility that Jiménez might participate in order to be held accountable for crimes he committed as a paramilitary supporter, before he joined the AUC.

Tags: JEP, Paramilitarism, Transitional Justice

March 10, 2020

  • The JEP requires former police general Mauricio Santoyo to stand trial for his role in the 2000 disappearance of two members of the Association of Relatives of the Disappeared (ASFADDES) in Medellín. Santoyo stands accused of working with the paramilitaries who disappeared Claudia Patricia Monsalve and Ángel José Quintero when he was commander of the Medellín Police anti-kidnapping unit. He later went on to be the chief of then-president Álvaro Uribe’s security detail before being extradited to the United States to face drug charges. He was returned to Colombia in 2019.

Tags: Extradition, Human Rights, JEP, Transitional Justice, Victims

February 24, 2020

  • One of the FARC’s most prominent former hostages, ex-senator Ingrid Betancourt, sends a strongly worded letter to the chief judge of the JEP’s Chamber for Recognition of Truth, Responsibility, and Determination of Acts and Conducts. She is responding to a news report about some of the FARC’s testimony to the JEP, in which the guerrillas attempt to play down the severity of Betancourt’s six years in jungle captivity. “It is not up to the FARC to issue good-behavior certificates for its victims. Nor is it up to us to agree with what they do.” Betancourt objects strongly to the FARC defendants’ insistence on using the word “retention” as a euphemism for kidnapping.

Tags: JEP, Kidnapping, Transitional Justice, Victims

February 23, 2020

  • JEP personnel investigating “false positive” killings have extracted about 54 bodies of possible Army victims from a mass grave in the town cemetery of Dabeiba, Antioquia. In this historically conflictive municipality, the practice of killing civilians and claiming them as combat deaths may have gone on for 25 years. Victims have had little or no recourse until the JEP’s effort began.
Photo source: Jurisdicción Especial para la Paz

Tags: Antioquia, Army, Civil-Military Relations, False Positives, JEP, Military and Human Rights, Transitional Justice

February 17, 2020

  • The Special Peace Jurisdiction (JEP) amnesties Marilú Ramírez, a FARC member who infiltrated the Nueva Granada Military University in Bogotá in order to set off a car bomb there in 2006. The attack wounded 33 people; Ramírez was sentenced to over 27 years in prison in 2015. After two years of deliberation, the transitional justice tribunal determines that the school was a legitimate military target, and the attack was therefore amnistiable under the peace accord.
  • “Let’s eliminate the JEP, the Democratic Center Party has said so for a long time,” tweets the governing party’s founder, former president and current Senator Álvaro Uribe.

Tags: Civil-Military Relations, Demobilization Disarmament and Reintegration, JEP, Transitional Justice

February 12, 2020

  • Gen. Mario Montoya, who headed Colombia’s army between 2006 and 2008, testifies for two days before the Special Jurisdiction for Peace (JEP). At least 41 victims are in attendance, others gather outside to protest.
Photo source: Movimiento Nacional de Víctimas de Crímenes de Estado
  • The JEP is holding hearings for its “macro-case” about so-called “false positive” killings, in which military personnel murdered thousands of civilians and claimed them later as combat kills. Eleven military witnesses have signaled Gen. Montoya as playing a key role in creating the incentives for these killings.
  • The law governing the JEP dictates that when a person has been implicated by a report or testimony, the JEP will give that person the opportunity to give his or her version of what happened. At that opportunity, the person may recognize or deny the allegations.
  • In 40 minutes of comments, Gen. Montoya denies any responsibility for the “false positives,” and invokes his “right to remain silent,” responding vaguely to magistrates’ questions.
  • Gen. Montoya’s silence causes an outcry among victims. They particularly object to Montoya’s response when magistrates ask him how to prevent “false positive” killings in the future. Montoya reportedly replied by citing most soldiers’ low social class origins. “We have to teach them how to use the bathroom, how to use silverware, so it’s not easy.”
  • On February 18, active-duty Col. Álvaro Amórtuegi tells Caracol Noticias that in 2001, Montoya had ordered him to kill some people captured by paramilitaries, adding that he would send him some armbands with which to pass them off as guerrillas. When he refused, the colonel alleges that Montoya replied, “You’re a coward, you disgust me and I spit on your boots… If you’re afraid, go kill an idiot or a crazy person, or take them from the morgue.”
  • Some victims’ groups call on the JEP to expel Gen. Montoya for his non-cooperation, which would send his case to the regular criminal justice system.

Tags: Army, Civil-Military Relations, False Positives, JEP, Military and Human Rights, Transitional Justice, Victims

January 24, 2020

The Special Jurisdiction for Peace (JEP) refuses to admit Rodrigo Tovar Pupo, alias “Jorge 40,” the former head of the United Self-Defense Forces of Colombia (AUC)’s northern bloc, currently imprisoned in the United States for narcotrafficking. The JEP notes that Tovar should have submitted to the Justice and Peace process set up for paramilitary leaders after 2006, but that he did not.

Tags: JEP, Paramilitarism, Transitional Justice

January 23, 2020

  • A delegation from the International Criminal Court’s Prosecutor’s Office completes a four-day visit to Colombia. In a statement, the Office “reiterates the importance of the SJP [Special Jurisdiction for Peace, or JEP] and the necessity to maintain its integrity and independence, as well as the need to provide it with the necessary resources and support to carry out its important mandate.”

Tags: International Criminal Court, JEP, Transitional Justice