Tag: False Positives

16 International and Colombian Civil Society Organizations Denounce the Military’s Murder of Indigenous U’wa Leader Joel Aguablanca Villamizar

June 11, 2020

On June 2, 2020, EarthRights and 15 other international and Colombian civil society organizations, including WOLA, published a statement condemning the murder of Indigenous U’wa leader Joel Aguablanca Villamizar and the militarization of the ancestal U’wa territory.

Joel Aguablanca Villamizar was murdered on May 31, 2020 in the Department of North Santander during a Colombian military operation against fronts of the National Liberation Army (Ejército Nacional de Liberación, ELN). The Indigenous community has adamantly stated that their leader had no link to the armed group.

The militarization of the territory has had a detrimental impact on the indigenous U’wa population. The organizations demand that authorities investigate and punish those responsible in a timely manner and implement the necessary measures to prevent other senseless murders from occurring in the future.

Below is the text of the statement:

Human rights organizations condemn the murder of indigenous U’wa leader Joel Aguablanca Villamizar and the militarization of ancestral U’wa territory

Washington D.C, June 2, 2020: Last Sunday, indigenous leader Joel Aguablana Villamizer was murdered by the Colombian army in the Chitagá municipality of Norte Santander, Colombia. Joel was an indigenous leader and education coordinator for the U’wa Association of Traditional Authorities and Cabildos (ASOU’WA). The army murdered Joel as part of a mission to capture Darío Quiñonez, alias Marcial, third leader of the Efraín Pabón Pabón Front and commander of the Martha Cecilia Pabón Commission of the National Liberation Army (ELN). Earthrights Executive Director Ka Hsaw Wa issued the following statement in response:

“In carrying out this operation, the Colombian National Army and the ELN did not respect the basic principles of international humanitarian law, threatening the life and security of the U’wa civilian population, including five minors.

“The military operation that resulted in Joel’s murder was carried out in close proximity to the U’wa United Reservation, which is part of the U’wa Nation ancestral territory. This highlights the impacts that the Colombian government’s fight against armed forces still has on the indigenous U’wa population. The U’Wa have been declared an endangered group by the Constitutional Court of Colombia.

“The organizations below stand in solidarity with the U’wa voices who denounced this heinous act and who stated that ‘[they] are not going to allow this unfortunate situation to be considered a false positive for the Colombian State, since the murdered U’wa brother was never linked to the ELN insurgent group (A​ SOU’WA Communiqué​).’

“We are concerned and outraged at the frequency of events such as this one. According to the Catatumbo Peasant Association (Ascamcat), with the death of Joel Aguablanca there have already been three cases of extrajudicial executions in the department of Norte Santander in 2020 (​El Tiempo, 2020​).

“We demand that authorities investigate and punish those responsible in a timely manner and implement the necessary measures to prevent other senseless murders from occurring in the future. Likewise, we will bring the situation to the awareness of the Inter-American Commission on Human Rights and the United Nations Rapporteurship on the Rights of Indigenous Peoples. EarthRights is currently supporting the U’Wa in a long-standing land rights case at the Interamerican Commission on Human Rights”

Signatures:

  1. Almáciga (Spain)
  2. Alma y Corazon (USA)
  3. Amazon Watch (USA)
  4. Asociación Interamericana para la Defensa del Ambiente (AIDA) (Regional-Americas)
  5. Colombia Human Rights Committee (USA)
  6. Corporación Colectivo de Abogados José Alvear Restrepo (Colombia)
  7. EarthRights International (Amazon)
  8. Indigenous Environmental Network (USA)
  9. Mujer U’wa (USA)
  10. Perifèries del món (Spanish State)
  11. Rainforest Action Network (USA)
  12. Rete Numeri Pari (Italy)
  13. University of California Irvine Community Resilience Projects (USA)
  14. Washington Office on Latin America (WOLA) (USA)
  15. Wayunkerra Indigenous Women’s Initiative (Switzerland)
  16. Yaku (Italy)

Tags: ELN, False Positives, Indigenous Communities

February 23, 2020

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 12, 2020

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