Colombia peace update: Week of November 8, 2020

WOLA had a good experience this fall producing weekly updates, on a pilot basis, about U.S. border security and migration. Between now and the end of the year, we’re carrying out a similar pilot for Colombia, producing weekly sub-1,000-word updates in English about peace accord implementation and related topics. After that, we will evaluate the experience—both audience response and our own time commitment—before deciding whether to produce these permanently.

Revelations about Santrich case point to entrapment

The Bogotá daily El Espectador reported on November 8 that 24,000 audios from the Prosecutor’s office (Fiscalía) pointed to “an entrapment operation against guerrilla negotiators,” with a possible political motive against the FARC peace accord.

The revelations surround the case of Seuxis Pausías Hernández alias “Jesús Santrich,” a top FARC ideologist. The nearly blind Santrich was close to Luciano Marín alias “Iván Márquez,” the politically radical top leader who led the guerrilla group’s negotiating team during the 2012-16 peace talks. Santrich was a vocal member of that team.

  • In April 2018, just before he was to be sworn in as one of the FARC’s five members of Colombia’s House of Representatives, Santrich was arrested for conspiring to send cocaine to the United States. Video showed him in a meeting with purported Mexican narcotraffickers.
  • The meeting was arranged by Márquez’s nephew, Marlon Marín, who was not a FARC member and was under investigation for improprieties in peace accord implementation contracts.
  • At the Mexicans’ insistence, Marín drew Santrich into a scheme to ship cocaine to the United States, bringing him into the meeting recorded on video.
  • The narcotraffickers were, in fact, DEA personnel. The U.S. government requested Santrich’s extradition, and brought Marlon Marín to the United States, where he is now a protected witness.
  • A year later, in May 2019, after failing to get compelling evidence out of the attorney-general’s office (Fiscalía) or the U.S. Department of Justice, the peace accords’ transitional justice tribunal (Special Jurisdiction for Peace, or JEP) ordered Santrich’s release. The decision led an infuriated chief prosecutor Néstor Humberto Martínez to resign.
  • Santrich was then sworn into Congress, but disappeared shortly afterward. He and Iván Márquez turned up again in late August 2019, in a video announcing that they and other former FARC leaders had rearmed.

The episode dealt the FARC peace process its severest blow. Now, the El Espectador revelations cast doubt on the extent to which Santrich was involved in the fake drug deal. This appears to be a case of entrapment, involving the DEA and former prosecutor-general Martínez, who had bitterly opposed the peace accord’s transitional justice provisions.

The Fiscalía’s 24,000 audio clips are mainly Marlon Marín’s intercepted communications. In the weeks leading up to Santrich’s arrest, the newspaper notes, “the calls between the ‘Mexicans’ and Marín were many and extensive, and in almost all of them the fundamental characteristic was the former’s insistence on putting Marín on the phone with the former chief peace negotiator of the Farc, Iván Márquez.” They failed to do that, but Marín did get them a brief meeting with Santrich.

The revelations have the Fiscalía under a cloud. “There remains the feeling that the Fiscalía did everything possible to sabotage the reputation and actions of the JEP,” contends an El Espectador editorial. “It is regrettable to find that there was ‘friendly fire’ with something as delicate as the treatment of former Farc combatants.” At a November 11 press conference, the JEP’s new director, Eduardo Cifuentes, said that the Fiscalía had shared very little evidence from the Santrich case with his tribunal, turning over only 12 audios and keeping the remaining 24,000 secret.

As for the former chief prosecutor, Néstor Humberto Martínez: President Iván Duque’s government has just named him to be its next ambassador to Spain.

US Senate reveals its draft 2021 aid bill

The Senate Appropriations Committee released a draft of its version of the 2021 aid bill on November 10. The 2021 aid bill hasn’t become law yet, and might not until the next presidential administration. The House of Representatives passed its version of the aid bill in July.

As our latest table of aid to Colombia shows, the two chambers’ foreseen amounts don’t differ widely. The House would appropriate $458 million, and the Senate $456 million. (Another $55-60 million or so would come through the Defense budget.)

Click to enlarge. If you’d prefer this as a spreadsheet for easier copying-and-pasting, go here.

Both the House and Senate packages would dedicate a bit less than half of 2021 aid to Colombia’s military and police. This is a big contrast from the peak years of Plan Colombia between 2000 and 2015, when military and police aid in some years exceeded 80 percent of the total. It also contrasts with the Trump administration’s aid request, which would have slashed economic aid in a $413 million aid package.

Like the House bill, the Senate attaches human rights conditions to a portion of Foreign Military Financing aid, and specifies that some support go to the Truth Commission and the Unit for the Search for the Disappeared (but not the JEP).

The Senate appropriators’ bill also requires the State Department to produce a report about Colombian government actions to investigate and bring to justice those responsible for illegal military intelligence spying on civilians.

Here are links to the Senate bill and explanatory report, and to the House bill (see Division A) and explanatory report.

Links

  • Rodrigo Pardo (who has since joined the parade of journalists abandoning Semana magazine, where this appears) writes that Colombia can expect more U.S. engagement on the peace accord once Joe Biden is inaugurated.
  • La Silla Vacía believes Colombia’s ambassador to the United States, former vice-president Fransicso Santos, is staying in his post. This despite allegations by his cousin, ex-president Juan Manuel Santos, that the ambassador actively sought to help the Trump campaign.
  • “The proliferation of coca cultivations in southwestern Colombia undermines black and indigenous struggles for autonomy,” writes Lehman College’s Anthony Dest (formerly of WOLA’s Colombia program) in an article based on fieldwork in Cauca.
  • The FARC admitted on November 3 that it had twice tried to kill former vice-president Germán Vargas Lleras. The right-of-center politician responded in a column that he wants to know the full truth about what happened, and that the JEP should be allowed to work to do that.

Tags: Weekly update

November 14, 2020

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