memorandum of justification concerning human ... - Just the Facts
memorandum of justification concerning human ... - Just the Facts
memorandum of justification concerning human ... - Just the Facts
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UNCLASSIFIED<br />
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handling 112 cases from 2008, down from a peak <strong>of</strong> 397 cases from 2007, and as <strong>of</strong> May<br />
15, 2009, 17 one case from 2009. Most international and non-governmental organizations<br />
agree that numbers <strong>of</strong> extrajudicial killings have fallen substantially in 2009. However, it<br />
is unclear whe<strong>the</strong>r this reduction is an indicator that directives, training and disciplinary<br />
actions adopted by <strong>the</strong> Ministry <strong>of</strong> Defense are working. Some NGOs believe <strong>the</strong>re may<br />
simply be a lag in reporting <strong>of</strong> cases, and that 2009 cases will begin to be reported as <strong>the</strong><br />
year progresses.<br />
In October 2008, specific allegations emerged that in January <strong>of</strong> that year members<br />
<strong>of</strong> <strong>the</strong> Armed Forces had, in a concerted way, lured 13 victims away from <strong>the</strong>ir homes<br />
with <strong>the</strong> promise <strong>of</strong> employment, killed <strong>the</strong>m and <strong>the</strong>n presented <strong>the</strong>m as ―killed in<br />
combat.‖ Known as <strong>the</strong> Soacha murders, this case is addressed in detail in <strong>the</strong> section<br />
below entitled ―Investigations into and Cooperation on Soacha Murders.‖<br />
UN Special Rapporteur’s Findings<br />
In his initial findings, released June 18, 2009, <strong>the</strong> UN Special Rapporteur on<br />
Extrajudicial Executions, Philip Alston, credited <strong>the</strong> Colombian government‘s efforts to<br />
address extrajudicial killings. He noted that allegations <strong>of</strong> extrajudicial killings have<br />
fallen sharply over <strong>the</strong> last six to nine months, and called for increased government<br />
efforts to investigate past crimes. Alston rejected <strong>the</strong> assertion that cases <strong>of</strong> extrajudicial<br />
killings were isolated incidents committed by a few ―bad apples,‖ but also said <strong>the</strong>y did<br />
not reflect Colombian government policy. Still, he called for <strong>the</strong> military to eliminate<br />
―all forms‖ <strong>of</strong> incentives for combat kills and for prompt and thorough investigation into<br />
<strong>the</strong> crimes.<br />
Alston found that ―significant elements within <strong>the</strong> military‖ had engaged in<br />
extrajudicial killings in a ―systematic way.‖ In <strong>the</strong>se cases, similar to <strong>the</strong> Soacha<br />
murders, victims are lured to a distant location, generally under <strong>the</strong> pretext <strong>of</strong> an<br />
employment opportunity, murdered, and <strong>the</strong>n reported as killed in combat. He cited<br />
cases in <strong>the</strong> departments <strong>of</strong> Antioquia, Arauca, Valle de Cauca, Casanare, Cesar,<br />
Cordoba, Huila, Meta, Norte de Santander, Putumayo, Santander, Sucre, and Vichada.<br />
Emphasizing <strong>the</strong> importance <strong>of</strong> investigating and prosecuting those responsible for<br />
extrajudicial killings, he urged Colombian authorities to choose a credible, independent<br />
figure to replace outgoing Prosecutor General Iguaran.<br />
Alston applauded government efforts to confront extrajudicial killings, citing<br />
disciplinary sanctions, <strong>the</strong> Suarez Commission‘s investigation into <strong>the</strong> Soacha murders,<br />
and policy reforms aimed at eliminating <strong>the</strong> use <strong>of</strong> ―body count‖ as a measure for<br />
17 Time frame available as <strong>of</strong> July 31, 2009.<br />
UNCLASSIFIED