Colombian State Terrorism Carried out by Military Forces

Colombian State Terrorism Carried out by Military Forces DIMARO AGUDELO ABSTRACT: The Colombian society recognizes a high degree of favoritism of the current administration in terms of management, especially in the policy of Democratic Security. Nevertheless, the idea of good government is not analyzed concerning the implications of military decisions in constitutional, legal, economic and social issues. Colombian citizens have begun, in the light of their strong longing for peace, to question the current government's human rights policies, as well the real meaning of security. One of the most important pieces of information that has caused this questioning is the responsibility of The Colombian State in the murder of innocent citizens by some soldiers of the Colombian Military Forces, who were then reported as terrorists, guerrilla or rebels killed in combat, in order to receive financial reward. What is the responsibility of the Colombian State and Government in operations of the Armed Forces? How can state terrorism raise popularity and social approval? How can we perform critical analysis from the perspective of equality or rationality, without the imposition of authoritarian criteria? Keywords: False Positives, Colombia government, Democratic security, Army, Military forces, human rights, citizens. 1

COLOMBIAN STATE TERRORISM CARRIED OUT BY MILITARY FORCES Liberal democracy can lead to a good market theory, but also to a poor theory of democracy. 1 B. M. McPherson. Colombian civil society has undergone an internal armed conflict for more than forty years where different armed groups have fought to reach political power. Meanwhile, civilians have suffered the consequences of war and the government policies to fight them. Every Government in Colombia since the beginning of the 60 s has fought terrorism of irregular armed groups through the use of force, implementing policies of military repression, but no one has had good results. The current government has not been an exception in the use of the same policies of repression. In 2002 the current President was elected by a great majority that hoped he would put and end to terrorism through a high level of war, as he had promised during his campaign. With this same expectation the President was reelected in 2006 thanks to a constitutional reform, and he is expected to be reelected in 2010, according to a new Constitution reform. This happens in a context where the main policy of security, called Democratic Security, has been widely questioned by national and international Human Right defenders due to the attack against civilians perpetrated by The State s Military Forces. Democratic Security can be summarized as the use of force against terrorism to take control of public order. This policy has been partially financed by The United States through Plan Colombia. This plan has been making donations to Colombia since 2000 for almost 6,000 million dollars. The National Government, eager to show good results in the war against terrorism, has been offering economic benefits and decorations to militaries for results in the war and, at the same time, has been offering rewards to civilians for information about terrorists. Likewise, The Government has been recruiting civilians since 2002 to collect information for military forces in nets called Cooperation Nets, Informers Net and Countrymen Net, who are civilians at the service of the 1 B. M. McPherson (1977:86), cited by Resnick Phillip in La democracia del Siglo XXI, Anthropos, Barcelona. 2007. p. 123 2

militaries and, thus, are included in the internal armed conflict. In some cases these civilians are minors. These decorations, along with the reward policy, have derived in extra-judicial and systematic executions of civilians carried out by military forces who later report them as rebels killed in combat. This benefits the Government in showing false results to the general public. This kind of extra-judicial executions are called in our country False Positives, meaning false acknowledgments gotten by militaries for the killing of innocent civilians who are then dressed in military uniforms and presented in the media as the result of democratic security. Without evidence they are terrorist 2. The modus operandi of false positives begins with the selection of people in poor urban and rural areas. Then, they are taken far away from their homes where they are sold to militaries, who deceive them, to be later executed. In some occasions when the assassination is done near their homes, eyewitness are intimidated to not make claims to authorities. Later, bodies are presented as guerrilla and buried as N.N. in spite of the fact that militaries have positive identification. The bodies are counted as guerrilla killed in combat and militaries get awards for their good operations. Young and poor people are the main object of extra-legal executions, but in other cases children and women are targeted too. Race, sex or age is not normally taken into account. The selected future victims are specially displaced individuals, extremely poor people and, in other cases, when political issues are taken into account, the victims are members of labor unions, human rights defenders or members of the opposition. Social organizations of Human Rights that have investigated the extra-judicial executions cases say that from January, 2007 to June, 2008, 535 people were executed 3. The public Prosecutor s office is processing more than 780 alleged executions claims 4, more than 400 soldiers are under arrest for investigations, The Attorney General's Office has more than 930 investigations against militaries for false positives, and a number of cases are under investigation by Military Judges, which raises skepticism and suspicion regarding how legal or efficient it is for militaries to investigate and prosecute themselves. Military judges have low credibility within the Colombian Society because in many cases there are not any real investigations of the claims. Besides, victims have no 2 This concept of false positives was taken from CINEP: http://www.cinep.org.co/node/664 3 El Tiempo. 535 persones were extrajudicially executed within January 2007 and Junio de 2008. (October 29th, 2008) Taken from: http://www.eltiempo.com/archivo/documento/cms-4632458 4 El Tiempo. National Prosecutor is in charge of 780 investigations for executions carried out by militaries. (October 29th, 2008). Taken from: http://www.eltiempo.com/archivo/documento/cms- 4632140 3

representation during the trial, and there is not an effective representation of society, as in Criminal Justice, which is carried out by the prosecutor 5. Many Non Government organizations have said investigations done by Military Justice will be kept under impunity. One specific case was particularly important among people. It happened in September of 2008 when 11 young people from Soacha, Cundinamarca, who were living in poor conditions, were deceived into thinking they were going to get a job. Then, they were taken out to Ocaña, Santander, a lot miles away from home, and sold to militaries, who executed them and dressed them in military uniforms to present them as guerrilla killed in combat. Some days later, when families recognized the victims, they knew they had not been killed in combat, and produced proof they were not guerrilla: the combat was simulated, and other voices said the attack was not likely to have occurred due to the considerable presence of militaries in the zone The General Prosecutor of Colombia said that the uniforms didn t have bullet holes; the boots were clean and did not fit victims. 6 In spite of the preliminary investigation made by General Prosecutor, the President said they were killed in combat. 7 On October 30 th, 2008, thanks to charges filed by the families of the victims and Non-Government Organizations, many militaries were dismissed: 3 Generals of the Army, 3 Colonels, 17 officers and 7 sub officers were dismissed from the Army 8. This scandal made General Mario Montoya, Chief Commander of the Army, resign. Human Rights Organizations made several important complaints before international observers like UN, and it forced the Government to make public statements. In this respect, the Government assured that False Positives would never occur, and it was supported by Colombian Defense Minister 9. However, some days later, new cases were reported, which indicates this issue is very common practice inside Military Forces 10, as was concluded by the High Commissioner of UN for Human Rights in Colombia in her final report made in 5 Ley 522 de 1999 is the law of Colombian Military Justice System. 6 El Tiempo. The Soacha case horrifies, but does not surprise. (October 30 th, 2008. Taken from: http://www.eltiempo.com/archivo/documento/cms-4635245 7 El Espectador. (October 7th, 2008). The missing youth in Soacha died in combat. (October 30 th, 2008. Taken from: http://www.eltiempo.com/archivo/documento/cms-4635245 8 El Tiempo. Military purge, a message to 760 members under investigation. (October 30 th, 2008) Taken from: El Tiempo. Fulminant Depuration (October 30 th, 2008) http://www.eltiempo.com/archivo/documento/mam-3164461. And El Tiempo. Three Generals among the 27 Army members dismissed due to Human Rights cases. (October 29th, 2008). 9 El Espectador. The issue of false positives has been resolved. (March 5 th, 2008). Taken from: http://www.elespectador.com/noticias/judicial/articulo124266-el-problema-de-los-falsos-positivosya-fue-resuelto-mindefensa 10 El Espectador. New false positives in Soacha. (May 4 th, 2009). Taken from: http://www.elespectador.com/impreso/articuloimpreso139322-nuevo-falso-positivo-soacha 4

2008, to be presented to the General Secretary. It said that in Colombia, extrajudicial executions are not isolated cases but a common practice, and it is made by an important number of military units along all Country: As of November 2008, the Attorney General s Office has initiated investigations on 112 cases of alleged extrajudicial executions which occurred in 2008.9 In addition, about 473 additional cases, most of which occurred in 2006 and 2007, were referred to the Attorney General s national Unit of Human Rights and International Humanitarian Law in 2008. This Unit is currently investigating 716 cases related to over 1,100 victims. These figures confirm that extrajudicial executions are not isolated events, but an extensive practice committed by a large number of military units throughout the country. During 2008, according to information obtained by OHCHR Colombia, in some locations such as Antioquia, reports of cases have increased 11. In false positives investigations, it is necessary to take into account that many charges are filed many months later due to the fear of families to file charges against the State, so extra-judicial executions made in 2008 will be filed during 2009 12, and in other cases, other people will not file charges at all, which indicates the number of extra-judicial executions will be bigger. Regarding this issue, The Colombian Commission of Jurists has said that 78% of human rights violations against women are the responsibility of The Colombian State either directly or through paramilitary groups 13. According to International Human Rights Conventions, extra-judicial executions are a clear violation of Human Rights and International Humanitarian Law ratified by Colombia 14, which are violated by members of the Colombian Army, who are supposed to protect the life and rights of people 15. Nevertheless, the most worrying issue is that some Public Institutions of State which have the constitutional responsibility to protect civil rights have been a party in this conflict. Proof of this situation is that during an interview carried out by Colombia-Europe-United States Coordination to the National Human Rights Ombudsman, Wolmar Perez, he assured he had not had any information whatsoever about extrajudicial executions 11 Annual report of the UN High Comissioner for Human Rights on the situation of Human Rights in Colombia. February 19 th, 2009. A/HRC/10/032. p. 7. 12 Charges are filed many months later due to the fear of families to file charges against the State, so extra-judicial executions made in 2008 will be filed in 2009. 13 The Colombian Comission of Jurists, Situation of Women s Human Rights in Colombia: 2006-2007. VII report on Socio-political violence against women, youth and children in Colombia. Ediciones Antropos. Bogotá. December, 2007. page. 11. Quoted by Colombia-Europe-The United States Coordination. Op. Cit. Page. 27. 14 Colombia has ratified all Human Rights Conventions. There is a list of Human Rights Conventions ratified by Colombia: http://report2008.amnesty.org/esl/human-rights-treaties. 15 Revista Semana. Colombia, bitter world leadership in attacks to Human Rights advocates. (June 20 th,2008) Taken from: http://www.semana.com/noticias-on-line/colombia-tiene-triste-liderazgomundial-ataques-defensores-derechos-humanos/112841.aspx. 5

made by the Army, and challenged the investigators to provide him with the complaints 16. Within this Government policy, the public statements made by the President concerning this scandal have always been aimed to justify false positives made by Colombian Army; he has said charges on extra-judicial executions are false accusations 17. Besides, The President has called members of Non Government Organizations Terrorists in civilians clothes, stigmatizing Human Rights defenders. These declarations have caused Human Right Defenders to be considered as guerrilla advocates, which has turned them into military targets, not only by illegal armed groups, but also by the Army itself. It s very contradictory that members of the Army perpetrate extra-judicial executions when they are supposed to protect people. It is contradictory that our President justifies false positives or says he does not know these facts. It s very contradictory that National Human Rights Ombudsman says he does not know anything about it. An important question to ask is, If people know the claims of victims, if they know the serious implications of the extra-judicial executions and how much pain Colombian civilians have undergone, how can the President be the most popular one in Latin America with more than 85 per cent of acceptance 18? Other contradictory issues of the internal armed conflict related to extra-judicial executions are that in spite of the important charges against the Government and the Army connection to extralegal executions, the Minister of Defense was in his chair until the last day of his period; the Army Chief Commander resigned to his position, but was later appointed Ambassador of Colombia; many cases are being investigated by Military Justice when the cases are Human Rights Violations. The General Prosecutor does not require competence to deal with Human Rights Violations when he is supposed to do so. Besides, the Congress is about to pass a law project to give permanent competence to Military Courts to process violations of Human Rights when it is prohibited by constitution. In addition, our President would respond for acts of the Army and protect the civil rights, but he has said that charges against the Army are false, made with the intention to tarnish the job of militaries defending the Country 19. In this respect, Colombian President has said: 16 The National Human Rights Ombudsman was the officer who denied knowing about the extra judicial executions and asked the Human Rights organizations that promoted the mission to show proof of the charges. CCEEU. Op. Cit. Page. 60. 17 Revista Semana. False Positives or false charges? (May 8 th, 2009) Taken from: http://www.elespectador.com/impreso/articuloimpreso140014-falsos-positivos-o-falsas-denuncias. 18 El Tiempo. October 14 th, 2008. President Uribe, Head of State with the most internal approval in Latin America, with 85%. Taken from: http://www.eltiempo.com/archivo/documento/cms-4600402. 19 Revista Semana. False positives or false charges? (May 8 th, 2009). Taken from: http://www.elespectador.com/impreso/articuloimpreso140014-falsos-positivos-o-falsas-denuncias. 6

Now the guerrilla strategy is another: Every time a guerrilla is killed, they mobilize their followers across the nation and overseas to say it was an extra judicial execution. But the Armed Forces have been careful enough so as to not give rise to any accusation of Military Force members being involved with paramilitary groups 20 As has been concluded by many Non Government Organizations in Colombia, it is a public policy aimed to make extra-judicial executions by military forces, which in most cases have been denied to the general public and are justified by the Government, in order this are taken as results in the war against terrorism. But this problem has been increasing in importance and has become impossible to hide to the public view. In spite of the measures taken by The Government, this method continues to be implemented by Military Forces. The most vulnerable part in this conflict, as in all wars around the world, is the Civil Society because they suffer the direct consequences of a three-party conflict where they have to suffer simultaneously guerrilla, paramilitaries, or Military Forces. The Nations United has condemned terrorism in all its forms committed by whomever, wherever and for whatever purpose 21. If Colombian military forces are committing attacks against the civil society, and it is a public and recognized policy of the Government, then it is not difficult to say in Colombia, there is State Terrorism. The war against terrorism has turned the State into another terrorist, but in all armed conflicts there are some limits which are not to be stepped out by any party in conflict so as to respect parties protected by International Humanitarian Law, in special the Fourth Geneva Convention concerning the protection of civilians in case of war. Any conflict is regarded as out-of-control when the State is another party in the war, because the State can change its constitutional proposes, thus becoming another terrorist in a war where the only thing that matters is the number of enemies killed. Although there is not a clearly unified definition of terrorism in the world, The United Nations has condemned terrorism, and Colombia has subscribed every UN resolution and ratified every UN convention,which demands that The Colombian State protect Human Rights, and not turn a terrorist to the Civil Society. 20 Words by President Uribe during the celebration of second anniversary of Justice and Peace Law, Bogotá, SNE, July 25 th, 2007, www.presidencia.gov.co/prensa_new/sne/2007/julio/25/09252007.htm Taken from: http://www.coljuristas.org/documentos/documentos_pag/version_final_ejecuciones_cidh.pdf. 21 Resolution 60/2088 adopted by the UN General Assembly. The United Nations Global Counterterrorism strategy. 7

References: 1. Cinep. Falsos positivos. Informe del Segundo Semestre de 2008. http://www.cinep.org.co/node/664 2. Coordinación Colombia Europa Estados Unidos. Informe Final de la Misión Internacional de Observación sobre Ejecuciones Extrajudiciales e Impunidad en Colombia. Documentos Temáticos No. 4. Códice. Bogotá. 2008. 3. NU: Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia. E/CN.4/2006/9. 16 February 2006. : A/60/L.62. 6 September 2006. : A/HRC/4/48. 5 March 2007 : A/HRC/7/39. 29 February 2008 : A/HRC/10/032. 2009 4. Amnistía Internacional: El Estado de los Derechos Humanos en el Mundo. http://archive.amnesty.org/report2008/document/40.pdf 5. Comisión Internacional de Juristas. Colombia, Situación de los Derechos Humanos y Derecho Humanitario. September, 2006. http://www.icj.org/news.php3?id_article=4017&lang=es : Consejo de Derechos Humanos. 3ª Sesión del Examen Periódico Universal, 1 12 de diciembre de 2008. Contribución de la Comisión Internacional de Juristas al Examen Periódico Universal de Colombia. Julio 2008. http://www.icj.org/news.php3?id_article=4375&lang=es. 6. Comisión Colombiana de Juristas. Ejecuciones Extrajudiciales Directamente Atribuibles a Miembros de la Fuerza Publica, julio 2006, junio 2007. http://www.coljuristas.org/documentos/documentos_pag/version_final_ejecu ciones_cidh.pdf 8