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Annual Report for Colombia

REPUBLIC OF COLOMBIA
Head of state and government: Álvaro Uribe Vélez
Death penalty: abolitionist for all crimes
International Criminal Court: ratified
UN Women’s Convention: ratified
Optional Protocol to UN Women’s Convention: signed

Overview - Covering events from January - December 2005

Although the number of killings and kidnappings in some parts of the country fell, serious human rights abuses committed by all parties to the conflict remained at critical levels. Of particular concern were reports of extrajudicial executions carried out by the security forces, killings of civilians by armed opposition groups and paramilitaries, and the forced displacement of civilian communities. Paramilitaries who had supposedly demobilized under the terms of a controversial law ratified in July continued to commit human rights violations, while armed opposition groups continued to commit serious and widespread breaches of international humanitarian law. Individuals who may have been responsible for war crimes and crimes against humanity were not brought to justice.

Background

President Álvaro Uribe ratified the Justice and Peace Law on 22 July. The law, which provides a legal framework for the demobilization of members of paramilitary and armed opposition groups, fails to respect international standards on the right of victims to truth, justice and reparation and threatened to exacerbate Colombia’s endemic problem of impunity. By the end of 2005, negotiations between the government and the paramilitary umbrella organization, the United Self-Defence Forces of Colombia (Autodefensas Unidas de Colombia, AUC), led to the reported “demobilization” of more than half of the country’s estimated 20,000 AUC-linked paramilitaries. However, paramilitaries in supposedly demobilized areas continued to commit violations, and evidence of links between paramilitaries and the security forces remained strong. There were also fears that government policies designed to reintegrate members of illegal armed groups into civilian life risked recycling them into the conflict.

Efforts to negotiate a prisoner exchange with the main armed opposition group, the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC), failed to achieve concrete results. However, “talks about talks” with the smaller National Liberation Army (Ejército de Liberación Nacional, ELN) resumed in December. The FARC and ELN were responsible for serious and widespread breaches of international humanitarian law, especially kidnappings, hostage-taking and killings of civilians.

On 1 April, Colombia ratified the Inter-American Convention on Forced Disappearance of Persons.

The Justice and Peace Law: paramilitary demobilization

The Justice and Peace Law grants significantly reduced prison sentences to members of illegal armed groups under investigation for human rights abuses who agree to demobilize. Although most of the beneficiaries were expected to be paramilitaries, by the end of 2005 the law had reportedly only been applied to around 30 alleged FARC prisoners. Because of the problem of impunity, few members of illegal armed groups were under investigation for human rights offences. Most demobilized paramilitaries thus benefited from de facto amnesties granted under Decree 128, promulgated in 2003.

The Justice and Peace Law gives judicial investigators strict time limits to investigate each case, with little incentive for potential beneficiaries to collaborate with investigators. The participation of victims in legal proceedings is limited, and there are no provisions to expose third parties, such as the security forces, who have played an integral part in coordinating human rights violations carried out by paramilitaries.

The law was criticized by the Office in Colombia of the UN High Commissioner for Human Rights, and the Inter-American Commission on Human Rights (IACHR) and Inter-American Court of Human Rights of the Organization of American States (OAS).

All paramilitaries were supposed to demobilize by the end of 2005. However, the process stalled in October after the government transferred paramilitary leader Diego Fernando Murillo Bejarano, alias “Don Berna”, to prison for his alleged involvement in the 10 April killing of legislator Orlando Benítez, and over rumours about his possible extradition to the USA on drug-trafficking charges. The demobilization process resumed in December after an agreement was reached in November between the government and the AUC extending the timescale for demobilization.

More than 2,750 killings and “disappearances” were attributed to paramilitaries between the announcement by the AUC of a ceasefire in 2002 and the end of 2005. Because of its limited mandate, the Mission to Support the Peace Process in Colombia, set up by the OAS in 2004 to verify the ceasefire, could not take action against paramilitaries who failed to abide by the ceasefire nor comment on government policy.

The government encouraged demobilized paramilitaries to work in intelligence-related activities, such as the civilian informer network, as auxiliaries in security force operations, as “civic police”, and as private security guards. This raised fears that the mechanisms that led to the creation of paramilitary groups were being replicated and threw into doubt the government’s commitment to reintegrate combatants fully into civilian life.

There were reports that paramilitary groups were still recruiting members after they had supposedly demobilized. On 25 August, the IACHR wrote to the government asking for clarification of reports that paramilitaries were still recruiting minors in Medellín, despite having supposedly demobilized in 2003.

There were numerous reports of human rights violations committed by paramilitaries in areas where they had supposedly demobilized, including Medellín, and evidence of collusion between paramilitaries and the security forces.

On 29 January, paramilitaries reportedly killed seven peasant farmers in El Vergel, San Carlos Municipality, Antioquia Department. Members of the armed forces were allegedly patrolling in El Vergel from 26 to 31 January. Just before the killings, the army had reportedly been searching for one of the victims, who they labelled a subversive.
On 9 July, paramilitaries allegedly killed six civilians in Buenaventura, Valle del Cauca Department. The police, who had been patrolling the area, reportedly withdrew hours before the killings. The paramilitary group, the Calima Bloc (Bloque Calima), which operated in Buenaventura, supposedly demobilized in December 2004.

Impunity

Impunity for human rights abuses remained the norm. High-ranking military personnel, and paramilitary and guerrilla leaders, continued to evade justice.

Action was taken in very few cases. In July, an army lieutenant, three soldiers and a civilian were formally charged for the August 2004 killing of three trade unionists in Arauca Department, while the Office of the Attorney General ordered the arrest of six soldiers for the killing in April 2004 of five civilians, including a baby, in Cajamarca Municipality, Tolima Department. However, criminal investigations into the possible involvement of more senior officers in these killings did not advance.

In January, the Supreme Court dismissed a case against former Rear Admiral Rodrigo Quiñónez regarding his role in the 2001 Chengue massacre, in which at least 26 people were killed by paramilitaries, operating in collusion with the armed forces. The Procurator General’s Office criticized this decision, calling on the Office of the Attorney General to press forward criminal investigations into the massacre.

On 15 September, the Inter-American Court of Human Rights ruled that the Colombian state must pay compensation to the families of 49 peasant farmers killed by paramilitaries in 1997 in Mapiripán, Meta Department. Paramilitary leader Salvatore Mancuso, now officially demobilized, and several army officials, including retired general Jaime Humberto Uscátegui, have been implicated in the killings.

The military justice system continued to claim jurisdiction over cases of potential human rights violations committed by members of the security forces, despite the 1997 ruling of the Constitutional Court that such cases must be investigated by the civilian justice system.

In April, the military justice system absolved 12 army soldiers of responsibility in the killing of seven police officers and four civilians in Guaitarilla Municipality, Nariño Department, in March 2004.

Killings by the security forces

There were continuing reports of extrajudicial executions by the security forces, with some estimates suggesting at least 100 fatalities. These killings were often falsely described as “guerrillas killed in combat”. Although the military justice system claimed jurisdiction over most such cases, and then archived many of them, the civilian justice system was sometimes able to intervene.

In July, the Office of the Attorney General ordered the arrest of eight soldiers for the killing of Reinel Antonio Escobar Guzmán and brothers Juvenal and Mario Guzmán Sepúlveda in Dabeiba Municipality, Antioquia Department, on 8 May. The army had alleged that the three men were FARC guerrillas killed in combat.

Civilians were reportedly killed by the police anti-riot unit (Escuadrón Móvil Antidisturbios, ESMAD) during protests. ESMAD agents carry no visible individual identification.

On 1 May, at least eight ESMAD agents allegedly beat 15-year-old Nicolás David Neira during a May Day march in Bogotá. A week later he died of his injuries.
On 22 September, Jhony Silva Aranguren died and several other students were injured after allegedly being shot by ESMAD agents during a protest at a university in Cali.

Abuses by armed opposition groups

On 12 September, ELN leader Gerardo Bermúdez, alias Francisco Galán, was released from prison for a limited period to help restart the peace process. As a result, exploratory talks between government and ELN representatives took place in Cuba from 16 to 22 December.

The FARC and ELN continued to commit serious and repeated breaches of international humanitarian law, including hostage-taking and civilian killings.

On 15 August, the ELN killed two priests and two other civilians on the Teorema-Convención highway in Norte de Santander Department.
On 23 August, the FARC allegedly killed 14 peasant farmers in Palomas, Valdivia Municipality, Antioquia Department.

The FARC also carried out disproportionate and indiscriminate attacks which resulted in the deaths of numerous civilians.

On 20 February, three civilians and three soldiers died, and 13 civilians and 11 soldiers were injured, when a bomb exploded in a hotel in Puerto Toledo, Meta Department.
On 3 October, a bomb killed three members of an indigenous community, including two children, in Florida Municipality, Valle del Cauca Department.

Violence against women

Women and girls continued to be killed, tortured and kidnapped by both sides in the conflict.

On 24 May, a woman and her husband were detained by the army in Saravena Municipality, Arauca Department. The woman was reportedly handed over to a paramilitary who raped her.
On 9 August, an indigenous woman was allegedly raped by a soldier in Coconuco, Cauca Department.
The body of Angela Diosa Correa Borja was found on 15 September in San José de Apartadó, Antioquia Department. She had allegedly been killed by the FARC after they accused her of collaborating with the police.

Kidnappings

In November, the government announced plans to set up an “international commission” to help negotiate the release of FARC hostages. However, repeated speculation about a possible prisoner exchange failed to yield results by the end of 2005. The FARC and ELN continued to hold numerous hostages, including high-profile politicians such as former presidential candidate Ingrid Betancourt, kidnapped by the FARC in 2002. There were more than 751 kidnappings in 2005, compared to 1,402 in 2004, of which 273 were reportedly carried out by armed opposition groups and 49 by paramilitaries. Responsibility could not be attributed in 208 cases.

On 23 January, the ELN allegedly kidnapped community leader Héctor Bastidas in Samaniego Municipality, Nariño Department. He had not been released by the end of 2005.
On 31 March, the FARC kidnapped five human rights activists working with the Afro-descendant communities of Jiguamiandó and Curvaradó in Chocó Department. They were released on 8 April.
On 30 August, paramilitaries abducted at least 11 children and 13 adults in El Carmen Municipality, Norte de Santander Department, during an attack in which three people were killed and a woman was allegedly sexually abused. The 24 were subsequently released. Paramilitary units operating in this region supposedly demobilized at the end of 2004.

Attacks on civilians

Civilians continued to bear the brunt of the conflict, with trade unionists, human rights defenders and community activists, as well as indigenous, Afro-descendant and displaced communities, and those living in areas of intense conflict, at particular risk. At least 70 trade unionists and seven human rights defenders were killed in 2005. At least 1,050 civilians were killed or “disappeared” in non-combat situations during the first half of 2005.

More than 310,000 civilians were internally displaced in 2005, compared to 287,000 in 2004. Economic blockades imposed by combatants and clashes between the parties to the conflict created serious humanitarian crises in different parts of the country.

About 1,300 members of the Awá indigenous community were forced to flee their homes in June because of clashes between the army and FARC in Nariño Department.

The Peace Community of San José de Apartadó, Antioquia Department, which insists on the right of civilians not to be drawn into the conflict, was again attacked. Over 150 of its members have “disappeared” or been killed since 1997, mostly by paramilitaries and the security forces, but also by the FARC. On 21 February, eight community members, including community leader Luis Eduardo Guerra, were killed by men who witnesses claimed were army troops. The community has often been labelled as subversive by the army and paramilitaries, while the FARC accuses it of siding with its enemies. On 20 March, President Uribe publicly accused some Peace Community leaders of being FARC auxiliaries.

Members of the Jiguamiandó and Curvaradó Afro-descendant communities also continued to be threatened by the security forces and the paramilitaries.

On 24 October, the body of Afro-descendant activist Orlando Valencia was found in Chirigorodó Municipality, Antioquia Department. He had been abducted by alleged paramilitaries on 15 October, hours after being detained by police who accused him of being a FARC member.

Clashes resulting from attacks by the FARC on 14 and 17 April against security force units in the indigenous community of Toribío, Cauca Department, resulted in the death of 10-year-old Yanson Trochez Pavi, and injuries to 19 civilians. The FARC reportedly used gas cylinders in the attacks, while the security forces allegedly used aerial strafing in their response.

Freedom of expression

Freedom of expression was undermined by continued threats, kidnappings and killings of journalists.

On 11 January, journalist Julio Palacios Sánchez was killed by unknown assailants in Cúcuta, Norte de Santander Department.
On 20 February, the FARC detonated a car bomb outside the Cali headquarters of the RCN television and radio station, injuring two people.
On 16 May, journalists Hollman Morris, Carlos Lozano and Daniel Coronell, who have repeatedly denounced human rights violations by paramilitaries, received death threats in the form of funeral wreaths.

US military aid

In 2005, US assistance to Colombia was some US$ 781 million, with military aid accounting for around 80 per cent of the total. The US Congress again required that the US Secretary of State certify progress in specific human rights categories before the final 25 per cent could be transferred. Given the lack of progress on several human rights categories, the US State Department withheld its certification for several months before granting it. US financial assistance to the paramilitary demobilization process was approved, albeit with certain human rights conditions. In August, the State Department announced it would cease security assistance to the XVII Brigade of the Colombian army, due to accusations of human rights violations, including the February killings in San José de Apartadó. Assistance was not to be renewed until the accusations were “credibly addressed”.

Intergovernmental organizations

The UN Commission on Human Rights expressed concern at violations of human rights and international humanitarian law, recognizing the responsibility of armed opposition groups, paramilitaries and the security forces. It deplored reports of extrajudicial executions attributed to members of the security forces and other public servants and reports of arrests and mass searches carried out without appropriate legal foundations. It also expressed concern about collusion of state agents with paramilitaries. It condemned violence against women committed by all parties to the conflict and the impunity which prevailed.

AI country visits

AI delegates visited the country in February, April and October.