By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America
BOGOTÁ, Colombia – United Nations Human Rights experts published an open letter today voicing serious concerns that constitutional amendments currently before Congress would enable members of the military or police forces (Fuerza Pública) to avoid prosecution for substantial violations of human rights and international humanitarian law.
The proposed amendments pertain to articles 116, 152 and 221 of Colombia’s Constitution. According to the 11 experts who signed the letter, the modifications would essentially allow the Fuerza Pública to self-police, at least at the initial critical stages of investigations.
The constitutional reform project would expand the jurisdiction of military or police tribunals, giving them the power to investigate, process and decide on cases of human rights violations, which, according to the experts, should be under the authority of the ordinary criminal justice system.
According to the letter, “[S]uch a reform would represent a historic setback to the progress achieved by the State of Colombia in the fight against impunity and respect and guarantee of human rights.”
Notably, the criminal military justice institutions would not gain jurisdiction over crimes of genocide, crimes against humanity and the crime of enforced disappearances. However, military and police courts would be competent to investigate, process and judge a long list of other violations of international human rights and humanitarian law, including war crimes; arbitrary detention; cruel, inhuman or degrading treatment; and other violations such as violence against the person and mutilation; taking of hostages; outrages upon personal dignity, including humiliating treatment; and the obligation to treat persons taking no active part in the hostilities humanely in all circumstances, without any distinction on grounds of ethnicity, religion or faith, sex, birth or wealth, or any other similar criteria, prohibited by virtue of common article 3 of the 1949 Geneva Conventions. These courts could also have jurisdiction over crimes committed by private security forces.
Paramilitary groups were set up in the 1980s by rich landowners looking for protection from rebels. But as they pushed back insurgents, the militias often massacred people on suspicion that they had colluded with guerrillas.
Over the last decade, scores of members of Colombia’s Congress have been jailed for links to paramilitary groups, and new accusations and cases continue to arise six years after the militias officially demobilized in a government-run process.
Thousands of people have been killed and millions more displaced in 50 years of war between the Colombian government and leftist guerrillas, whose grievances include the unequal distribution of land.
Negotiators from the government and Revolutionary Armed Forces of Colombia (FARC) have agreed to meet in Cuba in mid-November to start what are likely to be thorny peace talks aimed at patching together an end to the conflict, both sides said in Norway on Thursday after initial talks.
For further information, please see:
Chicago Tribune – Colombian forces could skirt prosecution, U.N. experts warn – 22 October 2012
Colombia Report – Colombian constitutional reform ‘undermines justice’: UN – 22 October 2012
KUNA – UN experts call on the authorities to reform the military criminal justice in Colombia – 22 October 2012
United Nations Human Rights – Open letter by Special Procedures mandate-holders of the Human Rights Council to the Government and representatives of the Congress of the Republic of Colombia – 22 October 2012
