Tag: JEP

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 4, 2020

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

June 1, 2020

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

May 15, 2020

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 30, 2020

Colombia en riesgo de impunidad: Puntos ciegos de la Justicia Transicional frente a crímenes internacionales de competencia de la CPI

Publicado por la Federación Internacional de Derechos Humanos y el Colectivo de Abogados José Alvear Restrepo el 26 de abril de 2020.

Raises concerns about persistent impunity for human rights violations committed by state actors, and calls on the International Criminal Court to remain vigilant.

Tags: Civil-Military Relations, False Positives, Human Rights, International Criminal Court, JEP, Military and Human Rights, Transitional Justice

April 26, 2020

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

April 21, 2020

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 16, 2020

What Macro-Cases has Colombia’s Special Jurisdiction for Peace (JEP) Opened?

Chapter 5, Article 1.2 of the 2016 Peace Accord created the Special Jurisdiction for Peace (JEP) as the justice component of the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (Sistema Integral de Verdad, Justicia, Reparación y No Repetición, SIVJRNR). The Special Jurisdiction’s mandate, which cannot last for more than 20 years, is to administer transitional justice and uncover the crimes committed before December 1, 2016 in the context of the armed conflict. The JEP began operating after approval by the Senate on November 15, 2017 and was further strengthened on March 9, 2018 through the Acuerdo 001 of 2018, which regulated and structured its functioning.

Since it started operating and as of January 23, 2020, 12,493 individuals have come before the JEP—77.9% of them are former FARC members and 21.2% are members of the Armed Forces. It has held 96 hearings and has heard 249 individual testimonies. Notably, the JEP has granted 183 amnesties to former FARC combatants, one guarantee against extradition, 313 transitory, conditional, and anticipated parole to members of the Armed Forces or third actors, and 171 to former FARC combatants.

The JEP’s work is concentrated on seven macro-cases:

Case 001, Illegal Detentions of Individuals by the FARC

On July 4, 2018, the JEP opened case 001 to investigate the high number of kidnappings that took place throughout the armed conflict. The JEP is basing its preliminary investigations on a report by the Prosecutor’s Office that identified 8,163 victims, in cases allegedly committed by the FARC. During the case’s first stage: “recognition of truth, responsibility and determination of facts and conduct,” the JEP’s Sala de Reconocimiento has held multiple fact-finding and truth-telling sessions with former FARC members. Through these sessions, the JEP is seeking to expand the collective testimony that it received last September from 10 delegates of FARC’s former Estado Mayor. These sessions are organized territorially, based on the areas where the FARC’s Blocs operated, and held in the former Territorial Training and Reincorporation Spaces (Espacios Territoriales de Capacitación y Reincorporación, ETCRs). On December 3, 2019, former FARC members from the Occidental Bloc testified in Popayán (Cauca). Next on the list are the testimonies in Pondores (La Guajira) by the Caribe Bloc, and in Miravalle (Caquetá) by the South Bloc and the Teófilo Forero Mobile Column. Additional to these collective territorial testimonies, the JEP has also received 33 individual testimonies and will soon begin hearing from the victims. As of December 12, 2019, the JEP had accredited 1,709 victims in this case.

Case 002, Territorial Situation of the Tumaco, Ricaurte, and Barbacoas Municipalities (Nariño)

Opened on July 10, 2018, this case centers on investigating the human rights abuses and the violations to International Humanitarian Law (IHL) perpetrated by former FARC members and members of the Armed Forces in Nariño. Initially, the JEP is only investigating cases that occurred between January 1, 1990 and December 1, 2016. By restricting its attention to the Tumaco, Ricaurte, and Barbacoas municipalities, the JEP is taking unprecedented steps to acknowledge the environment as a victim of the armed conflict, especially in Afro-Colombian and Indigenous territories. As such, the JEP is investigating the “socio-environmental and territorial” harm that Afro-Colombian Community Councils (Consejos Comunitarios) and Awá and Eperara Siapiadaara Reservations suffered in the region. Along with these, the JEP is also investigating other crimes such as internal displacements, assassinations, sexual violence, torture, and forced recruitment. On November 2019, the JEP accredited Tumaco’s Campesino Association (Asociación Campesina de Tumaco)—a group of more than 5 thousand families—as collective victims. A week later, it recognized the Katsa Suterritory and 32 Awá cabildos as victims, more specifically as collective subjects of rights.

Case 003, Illegitimately Perpetrated Deaths Presented as Combat Casualties by Agents of the State

The JEP opened this case on July 17, 2018 to investigate the so-called false positive cases. Case 003 focuses on specific areas of the country: Cesar, Antioquia, Catatumbo (North Santander), Casanare, Meta and Huila. The evidentiary basis for the case came from a report by the Prosecutor’s Office, which identifies 2,248 victims in cases that occurred between 1988 and 2014. According to documents from the Ministry of Defense, 1,944 members of the Armed Forces have already expressed willingness to appear before the Special Jurisdiction. By December 5, 2019, the JEP had heard 156 testimonies of individuals involved in these crimes. Notably, in December 2019, the JEP ordered General Mario Montoya Uribe, former commander of the National Army, to testify. Various reports obtained by the JEP, as well as multiple testimonies by members of the Armed Forces, implicate General Montoya in cases of false positives. Also noteworthy, several testimonies in the past year led the JEP to a mass grave in Dabeiba, Antioquia apparently filled with victims of false positives. So far, the JEP has exhumed 54 bodies. The JEP’s Sala de Reconocimiento is expected to release its preliminary conclusions and begin the process of hearing from the victims later this semester.

Case 004, Territorial Situation in the Urabá Region

On September 11, 2018, the JEP opened case 004. This case focuses on crimes against humanity and war crimes perpetrated in the Urabá region between January 1, 1986 and December 1, 2016. Ten municipalities are at the center of the investigations: Turbo, Apartadó, Carepa, Chigorodó, Mutatá and Dabeiba (Antioquia) and El Carmen del Darién, Riosucio, Unguía and Acandí (Chocó). Reports by the Prosecutor’s Office, the National Center of Historic Memory, and social organizations such as the Reiniciar Corporation and the Popular Research and Education Center (Centro de Investigación y Educación Popular, Cinep) cite 3,523 crimes relevant to case 004. These include cases of massacres, internal displacements, illegal land takings, gender-based violence, and sexual violence. Among the individual and collective victims identified by the JEP thus far are Unión Patriótica leaders, the Embera-Katío, Embera Chamí, and Tule o Kuna Peoples, the Afro-Colombian Community Councils (Consejos Comunitarios) of Jiguamiandó and Curvaradó, and San José de Apartadó’s Peace Community. As of February 21, 2019, the JEP had accredited more than 1,700 victims, including the most recent accreditation of 37 victims, for the “La Chinita” massacre. The JEP is expecting to hear the testimonies of 100 former members of the Armed Forces and 74 former FARC members who have some degree of responsibility for the crimes in case 004.

Case 005, Territorial Situation of the Northern Cauca and Southern Cauca Valley Regions

The JEP opened this case on November 8, 2018. Case 005 investigates 2,308 “victimizing acts” that occurred in seventeen municipalities in Northern Cauca and Southern Cauca Valley between January 1, 1993 and December 1, 2016. The significantly high number of victims that these acts produced makes this case notable. Among them are 344,333 victims of internal displacement, 1,038 victims of kidnappings, 828 victims of confinement, 260 victims of anti-personnel mines, 2,105 victims of forced disappearance, 26,861 victims of threats, 213 victims of forced recruitment, and 3,885 cases of attacks against the civilian population. On January 21, 2020, the JEP made history when it accredited the largest number of victims in any case related to the armed conflict— 124,785 victims. These victims comprise of the 31 Nasa Reservations and Cabildos part of Cauca’s Indigenous Regional Council (Consejo Regional Indígena del Cauca, CRIC) and of North Santander’s Association of Indigenous Cabildos (Asociación de Cabildos Indígenas del Norte del Cauca, ACIN). Additionally, the JEP also accredited 20,205 victims who are members of 47 Afro-descendant Community Councils (Consejos Comunitarios). Some of these Councils form the Association of North Cauca’s Community Councils (Asociación de Consejos Comunitarios del Norte del Cauca). Others are part of different organizations from Southern Cauca Valley.

Case 006, Victimization of Patriotic Union (UP) Members by the Armed Forces

The JEP opened this case on February 24, 2019 to investigate between 1,620 and 6,000 instances of victimization suffered by UP members. Among the cases are the 67 assassinations of UP leaders, which were declared crimes against humanity. Throughout last year, the JEP conducted multiple sessions to hear from UP victims in exile; it gathered 16 testimonies. By October 2019, 72 members of the Armed Forces and state agents had requested to be accepted in the JEP. These members claim to have knowledge relevant to case 006. Recently, on January 13, 2020, the JEP’s Appeals Section rejected requests from General and former DAS Director Miguel Maza Márquez to have his case taken up by the Special Jurisdiction. Maza Márquez is currently serving a 30-year sentence for the assassination of Luis Carlos Galán.

Case 007, Recruitment of Children in the Armed Conflict

On March 1, 2019, the JEP opened case 007 to investigate cases of child recruitment from January 1, 1971 to December 1, 2016. The Prosecutor’s Office has identified 5,252 victims of child recruitment thus far. However, this phenomenon is notable for its high degree of impunity—there are only 10 convictions out of the 4,219 investigations opened by the Prosecutor’s Office. During the first stage of the investigation, the JEP applied the April 1997 Declaration of Cape Town Principles’ definition of child recruitment. The Declaration defines a child soldier as any individual under the age of 18 who forms part of an armed group in any capacity other than being a family member. According to reports received by the JEP, during the FARC’S Seventh National Guerilla Conference in 1982, the group adopted a policy that allowed recruitment of children starting at the age of 15. Moreover, the JEP has also found that such policy was not strictly applied and almost half of FARC’s child recruits were 15 years of age. These facts, according to the JEP, may suffice to attribute responsibility for these crimes to former FARC leaders. Indeed, between December 2, 2019 to January 30, 2020, the JEP summoned 14 former FARC-EP members to provide their version of the facts. Initially, the JEP only planned to summon former members of FARC’S Estado Mayor or Secretariat from 1978 to 2007. 

References

Tags: JEP, Justice System, Transitional Justice

March 13, 2020

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

March 10, 2020