Tag: Justice System

August 18, 2020

Former president and sitting senator Álvaro Uribe, currently under house arrest as he awaits trial for witness tampering charges, resigns his Senate seat. This shifts the prosecution of his case from the jurisdiction of Colombia’s Supreme Court to that of the Prosecutor-General’s office (Fiscalía).

Tags: Justice System, Politics of Peace

August 18, 2020

August 4, 2020

The Supreme Court orders former President Álvaro Uribe, the most powerful politician in 21st century Colombia, placed under house arrest pending trial for tampering with witnesses. Uribe allegedly urged his lawyers to convince imprisoned former paramilitary members to give false testimony against a political rival, Senator Iván Cepeda. Uribe is confined to his ranch in Córdoba department, where he publishes a tweet falsely blaming his detention on “testimonies against me purchased by the FARC, its new generation, and its allies.”

Tags: Justice System, Politics of Peace

August 4, 2020

Ongoing Legal Process Against Uribe an Important Advance for Justice and Accountability in Colombia

(Press release cross-posted from wola.org)

Washington, D.C.—In response to news that Colombia’s Supreme Court ordered that former president Álvaro Uribe be held under house arrest, in connection to allegations of witness tampering, WOLA Director for the Andes Gimena Sánchez-Garzoli issued the following quote:

“Uribe has always been one degree of separation from crimes against humanity and unaccountable, authoritarian behavior. Despite massive circumstantial evidence, others have always taken the fall for the DAS intel scandal, the parapolitics scandal, links to paramilitaries on the U.S. terrorism list, false positive killings, paramilitary massacres, and violence against Afro-Colombian and Indigenous peoples. This case involves the ex-president’s lawyers making payoffs to ex-paramilitary witnesses, so they might alter their testimonies and falsely incriminate a political adversary. We hope that it begins the process of peeling off Álvaro Uribe’s Teflon vest so that all the victims of these crimes can finally have justice.”

“This sends a strong message that no one is above the rule of law in Colombia,” said Adam Isacson, Director for Defense Oversight at WOLA. “These kinds of sensitive investigations, implicating some of Colombia’s most powerful political elites, are only advancing in the first place thanks to the courageous work of human rights defenders, journalists, justice officials, and other reformers who are fighting every day to uncover the truth of what happened during Colombia’s conflict. As the legal processes involving Uribe continue, it is critical that state officials respect and uphold the independence of Colombia’s courts and justice system.”

Tags: Human Rights, Justice System, Politics of Peace

August 4, 2020

July 2, 2020

An administrative tribunal in Cundinamarca temporarily suspends the activities of the U.S. Security Force Assistance Battalion, which had been on a high-profile advisory and training mission in Colombia since early June. The court finds in favor of 25 Colombian senators who argued that the Constitution requires that they autorize such deployments. The suspension is temporary while the Duque government turns information about the deployment over to the Congress.

Tags: Defense Ministry, Justice System, U.S. Policy

July 2, 2020

June 9, 2020

The Prosecutor-General’s Office (Fiscalía) arrests social leader Yolanda González García in Arauca, accusing her of working with FARC dissidents. Soldiers wounded González, and killed her government-funded bodyguard, at a vehicle checkpoint on September 19, 2019, in an incident that remains under investigation. In a statement, Colombia’s national human rights platforms call González’s arrest a “setup” and an effort “to destroy her physically and morally.”

The Peace and Reconciliation Foundation denounces seven arrests of social leaders or demobilized combatants in Arauca in recent days, “for which they have been charged with a series of crimes without corroborating the facts.”

Tags: Arauca, Attacks on social leaders, Fiscalia, Justice System

June 9, 2020

June 3, 2020

The president of the State Council, the Supreme Court chamber that deals with administrative issues, sends a letter to President Duque requesting an explanation of the deployment, announced May 28, of a 53-person U.S. military Security Force Assistance Brigade (SFAB). Magistrate Álvaro Namén notes that Colombia’s constitution requires the State Council to be consulted about the transit of foreign troops through national territory.

Tags: Justice System, U.S. Policy

June 3, 2020

May 18, 2020

A court in Nariño orders a halt to virtual online consultations with communities in remote areas to discuss the environmental impact of renewed aerial herbicide eradication of coca. The court was responding to a complaint filed by communities fearful of being fumigated with herbicides without proper consultation. In order to restart the U.S.-backed fumigation program, Colombia’s Constitutional Court had required the environmental licensing agency ANLA to consult with communities on an eradication plan. COVID-19 had made those consultations impossible to carry out in person, so the agency had sought to perform them over internet, even though many of the affected rural communities have little or no internet access. The court’s order may delay the reinitiation of fumigation, originally expected for mid-2020.

Photo source: ANLA.

Tags: Illicit Crop Eradication, Justice System, Public Health

May 18, 2020

May 15, 2020

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.

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

May 15, 2020

April 28, 2020

A presidential decree lowers judicial penalties to members of criminal groups who agree to demobilize peacefully and submit to the High Commissioner for Peace.

It does not apply to the ELN, whose “political character” the state recognizes, making benefits available to individual ELN deserters. It applies instead to FARC dissident groups, the Gulf Clan and Caparros neo-paramilitary groups, and the Pelusos or EPL. These are the groups that, according to the government, meet the Geneva Conventions Protocol II definition of those “which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations.”

Tags: Armed Groups, Demobilization Disarmament and Reintegration, High Commissioner for Peace, Justice System, Organized Crime

April 28, 2020