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The investigation
and punishment of those who commit human rights violations and the equal
fight against all illegal armed groups have been priority goals in the
carrying out of the government's Policy on the Promotion, Guarantee and
Defense of Human Rights and the Application of International Humanitarian
Law. This is based on the notion that the deterioration of the situation
in Colombia is closely related to the violations of international humanitarian
law committed by these groups.
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JUDICIAL
ACTION BY GROUP COMPARATIVE FIGURES
|
|
|
|
Source:
Human Rights Unit of the Prosecutor General's Office
Processed by the Observatory of the Presidential Program for
Human
Rights and IHL - Office of the Vice President of Colombia
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Substantial results
in relation to the aim of taking those members of illegal armed groups
who commit human rights abuses and infringements of international humanitarian
law to justice can be reported. This improvement can be attributed in
particular to the work carried out by the Human Rights Unit of the Prosecutor
General's Office, strengthened throug Satellite Units operating in Neiva,
Cali and Villavicencio from this year onwards.
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JUDICIAL
DECISIONS HANDED DOWN BY THE HUMAN RIGHTS UNIT OF THE PROSECUTOR
GENERAL'S OFFICE, BY PARTIES ALLEGEDLY RESPONSIBLE
|
|
Subversives
|
Member
of Selfdefense Groups
|
Public
Servants
|
| DECISIONS |
Aug-99
|
Dec-00
|
Sep-01
|
Aug-99
|
Dec-00
|
Sep-01
|
Aug-99
|
Dec-00
|
Sep-01
|
| Restraining orders |
50
|
142
|
199
|
410
|
520
|
648
|
94
|
256
|
265
|
| Indictments |
50
|
74
|
108
|
231
|
311
|
373
|
94
|
182
|
214
|
| Arrest warrants
issued |
78
|
252
|
207
|
243
|
316
|
359
|
13
|
60
|
61
|
|
Source:
Human Rights Unit of the Prosecutor General's Office
Processed by the Observatory of the Presidential Program
for Human Rights and IHL - Office of the Vice President of Colombia
|
By the end of September
2001 the Human Rights Unit of the Prosecutor General's Office had issed
207 arrest warrants, 199 restraining orders, and 108 indictments against
members of subversive groups. At the same time, it had issued 359 arrest
warrants, 648 restraining orders, and 373 indictments against members
of self-defense groups. By comparison with December last year, the number
of arrest warrants against members of self-defense groups rose by 32 per
cent, while those issued against members of subversive groups increased
by 113 per cent. The State's decision to pay particular attention to cases
involving infringements of IHL is reflected in the rise in the number
of decisions linking members of subversive groups to this kind of abuses,
specially if account is taken of the fact that at the beginning the Unit
concentrated on cases involving human rights violations committed by members
of self-defense groups and public servants. However, despite the achievements
of the Prosecutor General's Office, it must be noted that the illegal
armed groups have grown significantly. This situation continues to exceed
the capacity of Colombia's justice administration system.
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SOME
CASES RELATING TO MEMBERS OF THE MILITARY FORCES THAT THE ATTORNEY
GENERAL'S OFFICE ASKED THE PROSECUTOR GENERAL'S OFFICE TO INDICT
IN ORDINARY COURTS
|
|
Case
|
Action
taken
|
|
Alex
Lopera and others
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
La
Gabarra
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Amparo
Tordecilla
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
La
Ceja massacre
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Tibú
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Wilson
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Barrancabermeja
massacre 1998
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Morroa
massacre, Corozó, Sucre
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
La
Cabuya massacre
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Tumaco
1998
|
The
Prosecutor General's Office accepted the judgement of the Attorney
General's Office
|
|
Los
Uvos, Cauca
|
The
Prosecutor General's Office is yet to take a decission
|
|
Puerto
Rico
|
The
case was referred to a military court by the Superior Judicial Council
|
|
Mapiripán
massacre
|
A
Prosecutor General's Office decision is pending.
|
|
The case against the high-ranking officers was referred to a military
court by the Superior Judicial Council
Source: Attorney General's Office lists.
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As regards investigations
and cases involving public servants, in September 2001 the Human Rights
Unit of the Prosecutor General's Office had issued 265 restraining orders,
214 indictments and 61 arrest warrants, an increase of 4%, 18% and 2%
respectively by comparison with December 2000.
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DISCIPLINARY
PROCEEDINGS CONDUCTED BY THE ATTORNEY GENERAL'S OFFICE AGAINST MEMBERS
OF THE MILITARY FORCES AND THE POLICE FOR HUMAN RIGHTS VIOLATIONS
AND INFRINGEMENTS OF IHL / 2001 (UNTIL NOVEMBER)
|
|
Army
|
Navy
|
Air
Force
|
National
Police
|
Total
|
|
416
|
29
|
12
|
658
|
115
|
| 229
disciplinary investigations involving 431 identified members of the
Armed Forces and the Police. |
| 52
acquittals and 96 sanctions*. |
| 14
dismissals. |
| 40
temporary removals from post. |
| 1
full removal of a member of the Armed Forces. |
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N.B.
Figures are approximate due to difficulties relating to the statistical
handling at the Attorney General's Office. Calculations were made
using lists of investigations as a source, pending the availability
of a conclusive information system. Decisions refer to proceedings
that had continued for several years.
Source: Attorney General's Office*.
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As regards disciplinary
investigations conducted by the Attorney General's Office in connection
with human rights violations and infringements of IHL, 226 proceedings
were initiated between January and November 2001 (the data provided by
the Attorney General's Office has been taken from lists of investigations,
pending the availability of a more conclusive information system. During
the same period decisions were handed down, including 14 removals from
post, 40 suspensions and one full removal of a member of the Armed Forces.
Among these decisions are the full removal of the commander of the Seventh
Brigade, brigadier general Jaime Humberto Uscátegui, a severe reprimand
to the acting commander of the Infantry Battallion, lieutenant colonel
Hernán Orozco-Castro, and the dismissal of five Army soldiers on
charges relating to the Mapiripán massacre.
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DISCIPLINARY
INVESTIGATIONS CONDUCTED BY THE HUMAN RIGHTS DISCIPLINARY SECTION
OF THE ATTORNEY GENERAL'S OFFICE INTO CHARGES OF FAILURE TO COMPLY
WITH PRESIDENTIAL DIRECTIVE 007 OF 1999, IN CONNECTION WITH HUMAN
RIGHTS DEFENDERS, AND TRADE UNION/INDIGENOUS LEADERS / JANUARY -NOVEMBER
2001
|
|
Crime/Victim
|
Place
and Date
|
|
Homicide
of indigenous people Enrida Arias and Fredy Arias
|
Valledupar,
Cesar, October 16, 2000
|
|
Threats
against members of ANTHOC - National Health Institute, Ruth Alzate-Ledesma
and Gloria E. Romero
|
Medellín,
Antioquia, August 7, 2001
|
|
Threats
against Martha Nidia Ascuntar-Achicanay, member of the Political
Prisoners Solidarity Committee
|
|
|
Threats
against Pablo Javier Arenales, member of CREDHOS
|
|
|
Infringement
of IHL. Homicide of Bailarin Haquelino- Jarupia, Embera-Katío
people
|
Tierralta,
Córdoba, June 12, 1998
|
|
Disappearance
of indigenous people activist Jairo Bedoya- Hoyos
|
Medellín,
Antioquia, March 2, 2000
|
|
Homicide
of indigenous person William Badjicora
|
Teorama,
Norte de Stder, Sep. 14, 2000
|
|
Disappearance
of Roberth Cañarte-Montealegre, member of SEMBRAR
|
Bugalagrande,
Valle, June 29, 2000
|
|
Homicide
of trade unionist Javier Jonás Carbono- Maldonado
|
Cartagena-Bquilla
road, June 14, 2000
|
|
Homicide
of indigenous person Dizu Apolinar
|
Santander
de Quilichao, Cauca, July 9, 2001
|
|
Homicide
of indigenous person José Angel Domico
|
Montería,
Córdoba, March 6, 2001
|
|
Threats
against trade unionist Alejandro de la Hoz Oviedo
|
Barranquilla,
Atlántico, January 2001
|
|
Disappearance
of indigenous people Blanca and Pablo Domico
|
Riosucio,
Chocó, August 31, 2000
|
|
Homicide
of trade unionist Mario Alejandro Echavarría- Restrepo
|
|
|
Homicide
of trade unionist José Darío Hoyos
|
Bgtá,
March 3, 2000
|
|
Abuse
and harrasment affecting CRIC indigenous people
|
Pereira,
Risaralda, March 21, 2001
|
|
Infringement
of IHL affecting members of the Inga indigenous community
|
Santiago,
Putumayo, May 29, 1998
|
|
Homicide
of Segundo Nazate
|
Pasto,
Nariño, November 7, 2000
|
|
Homicide
of 44 CUT trade unionists
|
|
|
Threats
against CUT trade unionists
|
|
|
Threats
against FECODE trade unionists (Aquiles Portilla)
|
|
|
Threats
against Guayabetal ombudsman, Gerardo Ernesto Parrado-Carrillo
|
Guayabetal,
Cdmarca., January 16, 2000
|
|
Multiple
homicide - Santiago Pernía-Domico
|
Tierralta,
Córdoba, October 28, 2000
|
|
Massacre
of indigenous people Andrés Pushiana and Juvenal Pushiana
|
Maicao,
Guajira, May 13, 2000
|
|
Threats
against trade unionists Omar de Jesús Noguera and Diego Quiguanez-
González
|
Cali,
Valle, September 19, 2000
|
|
Threats
against members of UNEB trade union (National Union of Bank Workers)
|
Fusagasugá,
Cdmarca., August 15, 2001
|
|
Disappearance
and murder of indigenous person Virgilio Cárdenas-Peris
|
San
Andrés de Sotavento, Córdoba, October 31, 1997
|
|
Disappearance
of Robinson Taborda-Tuberquia and Carlos Andrés Taborda
|
Ituango,
Antioquia, September 4, 2000
|
|
Murder
of trade unionist Libardo de Jesús Usme- Salazar
|
|
|
Threats
against the Ubate Monroy family
|
Bgtá,
June 21, 1999
|
|
Infringement
of IHL, Uwa indigenous community
|
Sacama,
Casanare, May 27, 1999
|
|
Threats
against Alirio Uribe and Reynaldo Villalba, members of a Lawyers
Association
|
Bogotá
|
|
Multiple
homicide of indigenous people César and Víctor Manuel
Villazón
|
Valledupar,
Cesar, October 16, 2000
|
|
Disappearance
of Reinaldo Yagari Yagari
|
Segovia,
Antioquia, September 18, 2000
|
|
Threats
against Pasca Ombudswoman, Elizabeth Morales Mora
|
Pasca,
Cundinamarca
|
|
Source: Attorney General's Office lists.
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Among the proceedings
for human rights abuses and infringements of IHL conducted by criminal
attorneys in military courts are the proceedings against brigadier general
Fernando Millán-Pérez and others in connection with the
case of the CONVIVIR organization "Las Colonias", of Lebrija,
Santander, and the case of several members of the Army charged with homicide,
and involved in the massacres of Trujillo, Valle, in March and April 1990.
The Disciplinary Section of the Attorney General's Office Responsible
for Defending Human Rights has launched 34 investigations for failure
to comply with Presidential Directive 007 of 1999, which ordered human
rights defenders, trade unionists and indigenous people to be given special
protection. These investigations are concerned with threats, homicides,
disappearances and massacres. Through an Attorney General's Office decision,
a number of cases involving military personnel were referred to ordinary
courts.
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