The U.S. House of Representatives passes its version of the 2021 Defense Authorization Act (NDAA), the annual bill making adjustments to the law underlying the Pentagon and the U.S. military. It includes two amendments relevant to Colombia. One, proposed by Rep. Jim McGovern (D-Massachusetts), requires the Secretary of State to submit a report assessing allegations that U.S. aid to Colombia has been misused for illegal surveillance of civilians, including journalistsa and human rights defenders. A second, introduced by Rep. Alexandria Ocasio-Cortez (D-New York), places weak limits on U.S. support for aerial herbicide fumigation in coca-growing areas.
Rep. McGovern tellsBusiness Insider, “If it was up to me, I would end security assistance to Colombia right now. Those who are responsible for illegal acts ought to be held accountable.…Clearly that doesn’t happen in Colombia.”
Colombia’s Free Press Federation (FLIP) learns that 14 more journalists were among the 130 civilians for whom military intelligence had been maintaining detailed profiles, part of a scandal known as the “Secret Folders” that broke in early May. That pushes to 52 the known number of profiled civilians who work as journalists.
As fallout continues over a scandal involving military intelligence abuses, Defense Minister Carlos Holmes Trujillo announces new measures: the creation of new inspectors to supervise military intelligence and counter-intelligence units, new standards for personnel entering intelligence units; and stronger mechanisms for receiving complaints of wrongdoing.
A Defense Ministry resolution fires another nine Army officers. Though no motive is named, press coverage notes that the firings come after revelations of intelligence abuse and corruption earlier in the month.
The Inspector-General’s Office (Procuraduría) initiates disciplinary proceedings against 13 Army officers, including 3 retired generals, for their role in misuse of intelligence against civilians.
Colombia’s Supreme Court opens a new investigation of former president and ruling-party Senator Álvaro Uribe. The Court begins looking into allegations that Uribe may been the beneficiary of military units’ illegal intelligence-gathering activities against civilians, carried out throughout 2019 in what has become a major scandal. The Court is already investigating the former president for allegations of encouraging witnesses, some of them former paramilitary members, to give false testimony against a political rival.
In a speech at the Army’s Infantry School, Defense Minister Carlos Holmes Trujillo issues an unusual and forceful call for unity within the officer corps. “Colombia must continue always to have cohesive Armed Forces,” Trujillo says amid rumors of internal splits within the force following revelations of intelligence-abuse and corruption scandals. That same day, the Army turns information over to the Prosecutor-General’s Office (Fiscalía) about Army intelligence units’ compilation of dossiers of information about civilians.
The Colombian newsmagazine Semana, which has revealed several examples of corruption or human rights abuse in the armed forces over the past year, publishes a new cover story revealing that Army intelligence units, in 2019, assembled at least 130 dossiers of information profiling journalists (including U.S. reporters in Colombia), opposition politicians, judges, human rights defenders, union leaders, and even other military officers and President Iván Duque’s own chief of staff. Semana alleges that military cyber-intelligence units may have misused, through corruption, some of approximately US$400,000 per year in assistance from “a foreign intelligence agency.” An unnamed military source says, and the article largely concludes, that an illegal espionage effort of this scale would have had to been ordered by top military commanders. These commanders include Army chief Gen. Nicacio Martínez, who retired in December 2019 shortly before Semana revealed an earlier, related intelligence scandal.
Less than 24 hours before Semana’s revelations become public, the Defense Ministry fires 11 senior officers, including several with direct involvement in the intelligence scandal. The 11 include Gen. Eduardo Quirós, who already stood accused of a role in 2019 communications intercepts and surveillance of journalists that Semana had revealed in January. Another general retires: Gen. Gonzalo Ernesto García Luna, who had headed the Joint Department of Intelligence and Counterintelligence but had not faced accusations before.
On May 2 President Iván Duque tweets, “I won’t tolerate those who dishonor the uniform or carry out practices contrary to the law. I’ve asked Carlos Holmes Trujillo, since he arrived at the Defense Ministry, to carry out a rigorous investigation of the past 10 years’ intelligence efforts.”
He dicho, desde inicio de mi Gobierno, que no toleraré a quienes deshonren el uniforme o realicen prácticas contrarias a la ley. Pedí a @CarlosHolmesTru, desde que llegó a @mindefensa, adelantar rigurosa investigación de labores de inteligencia de últimos 10 años.
On May 3 Colombia recalls the military attaché from its embassy to the United States, Col. Juan Esteban Zapata. He forced into retirement due to his alleged role in illegal spying on civilians when he headed the Army’s 1st Military Intelligence Brigade.
The U.S. embassy in Colombia states that it is “deeply concerned about allegations in media reports of illegal activity within the Colombian armed forces and about any possible misuse of U.S. assistance,” the Wall Street Journalreports on May 3. The Journal is unable to get a comment from U.S. Southern Command, which works most closely with Colombia’s army. “The use of U.S. aid to spy on opposition politicians, journalists and social activists would be a flagrant violation of the purposes for which the aid was provided and an abuse of government power,” says Sen. Patrick Leahy (D-Vermont), the ranking Democrat on the Senate Appropriations Committee.
In a May 3 statement, the Bogotá office of the UN High Commissioner for Human Rights “acknowledges the measures adopted” in response to the revelations, like the firing of 11 officers, “and reiterates the urgent need to undertake additional actions to prevent the repetition of such events.”
In a May 3 statement, a long list of journalists subject to the military spying demand answers to several questions about what was done to them.
On May 4 the government withdraws the assignment of retired Gen. Nicacio Martínez, who headed the Army in 2019 during the scandal, to be the military attaché in Colombia’s embassy in Belgium, and thus the country’s military representative to NATO. Gen. Martínez tellsEl Tiempo that he is “the victim” of “a defamatory campaign against me” carried out by “a group of people, there must be economic and political interests who want to take command or want other people to be in command of the Army.”
In a May 4 statement, the Truth Commission calls on the Defense Minister to turn over documents related to the Army’s illicit spying.
On May 6, Defense Minister Carlos Holmes Trujillo tells a Senate committee, “we reject any illegal action against opposition leaders and journalists.” He adds that 24 commanders of intelligence and counter-intelligence units have been changed in recent months.
On May 6, three senators subjected to the spying, Antonio Sanguino, Roy Barreras, and Iván Cepeda, send a letter to the Inter-American Human Rights Commission denouncing the Army’s actions and demanding a public list of all who had dossiers compiled about them.
In a May 8 editorial, the New York Times strongly objects to the Colombian Army’s espionage against Casey, its reporter. It adds, “Colombia needs to address not just malfeasance in its military when it is exposed by the press, but also the culture of abuse and the sense of being above the law that continue to infect the army. It makes little sense to denounce human-rights violations and at the same time appoint an officer with General Martínez Espinel’s history to lead the army.”
