memorandum of justification concerning human ... - Just the Facts

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or turn him over to civilian authorities.
On average, cases processed under the new criminal code (oral accusatory system)
move much more rapidly than cases that continue to proceed under the old code (written
inquisitorial system). Under the old system, homicides were resolved in an average of
462 days and drug trafficking cases took an average of 329 days. Under the new system,
homicides take an average of 111 days, and drug trafficking cases take 33 days.
During the certification period, both the Prosecutor General‘s Office and Inspector
General‘s Office took action on alleged cases of human rights violations and collusion
with criminal groups. In the past, NGOs have noted that while low-ranking officers may
be held accountable in cases of human rights violations, commanding officers are rarely
prosecuted. As listed in Annexes A through D, between June 16, 2008, and June 15,
2009, 11 the Colombian government reported that among those detained by the Prosecutor
General‘s Office were one colonel, three lieutenant colonels and two majors. The
Prosecutor General‘s Office indicted at least one general, two colonels, five lieutenant
colonels, and two majors. In addition, the Prosecutor General‘s Office continued case
proceedings against at least four colonels, one lieutenant colonel and four majors. During
the certification period, no members of the Armed Forces above the rank of major were
sentenced for human rights-related crimes. 12
From June 16, 2008, to June 15, 2009, 13 the Prosecutor General‘s Office detained
138 individuals in cases where military personnel allegedly committed gross human
rights violations or collaborated with paramilitary groups (the Colombian government did
not release a complete list of the 138 detained so the list in Annex A lists only 80
individuals detained in 11 cases). During the certification period, the Office indicted at
least 102 military personnel (resoluciones de acusación) involved in 11 cases of alleged
human rights violations, and continued judicial proceedings against 78 members of the
Armed Forces in 29 cases listed in previous memoranda of justification for violations of
human rights and collaboration with paramilitary groups. The Office also concluded case
proceedings against at least 34 members of the Armed Forces in nine cases for violations
of human rights and for collaborating with paramilitary groups. (For detailed lists of
cases, see Annexes A-D)
For its part, as listed in Annexes E through G, the Colombian government reported
11 Time frame available as of July 31, 2009.
12 Counts and assertions based on information received from the Prosecutor General‘s Office as of July 31, 2009.
13 Time frame available as of July 31, 2009.
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