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

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UNCLASSIFIED - 24 - 16 th Brigade On October 31, 2007, the Human Rights Unit within Villavicencio‘s Prosecutor General‘s Office ordered the arrest of seven soldiers from the 16 th Brigade in Casanare for their alleged involvement in extrajudicial killings, bringing the total number of soldiers implicated in the 16 th Brigade to 27. Investigations into and Cooperation on Soacha Murders In September 2008, allegations emerged that members of the Armed Forces were involved in the deaths of 13 young men who disappeared in January 2008 from Soacha, a poor neighborhood on the outskirts of Bogotá, and were presented shortly thereafter as combat deaths. It appears that, in some of these cases, the Armed Forces colluded with paramilitary and narco-trafficking groups to recruit victims, promising them employment, or other incentives, and then murdered them in order to increase their unit‘s number of combat kills. The Colombian government has taken these allegations seriously, setting up a special investigatory team, headed by the Prosecutor General. Then Minister of Defense Santos declared that the military would have ―zero tolerance‖ for any officers found culpable of crimes. After initially rejecting the allegations of military involvement, President Uribe publicly assured the Prosecutor General‘s Office autonomy to conduct their investigations. Judicial Proceedings in the Soacha Murders The Prosecutor General‘s Office has mounted an investigation into the Soacha murders, and at least 75 members of the Armed Forces have been implicated in the murders of the 13 victims. Five of those implicated – three colonels, a lieutenant, and a master sergeant – were among the 27 whom the Minister of Defense publicly dismissed in October 2008 (see section below). The Office has found that contact with the victims frequently took place in two commercial stores known as ―Los Costeños‖ and ―La Fonda Paisa.‖ The victims were contacted by recruiters who used liquor, hallucinogens, or promises of employment to lure young people to the locations, and sometimes exchanged them for payments (up to $10 million pesos in some cases, about $5,000 18 ). A detailed description of each of the 13 cases, and lists of the 75 members of the Armed Forces alleged to have been involved in the crimes, can be found in Annex I. These cases were also included in Annexes A and B. Despite progress in prosecutions, families of victims claim that they are increasingly vulnerable. In June 2009, Fernando Escobar, Human Rights Ombudsman 18 At conversion rate of 1 USD = 2,000 COP UNCLASSIFIED
UNCLASSIFIED - 25 - for the Soacha area, reported that family members have received threats warning them not to pursue cases against the Armed Forces. UN Special Rapporteur for Extrajudicial Executions Alston reported on June 18 that the brother of a Soacha victim was shot and killed after he became active in pursuing the case, and the mother of the two men is now receiving threats. Alston says this crime is ―part of a common pattern.‖ High-level military officials have met with the families of the victims to jointly develop a response to the threats. Military Response to Soacha Murders Through Resolution 4342 (October 3, 2008), the Ministry of Defense created a special commission to analyze the operational circumstances in which the Soacha murders occurred and recommend corresponding administrative measures. The commission found a series of irregularities, as much in the development of the intelligence cycle as in the planning, execution, and evaluation of operational tactics and missions in the units involved, which facilitated the occurence of these abuses. Moreover, the commission faulted poor supervision of operations and the investigation of reports of human rights abuses by unit commanders. On October 29, 2008, President Uribe announced the dismissal of 27 Army officials for collusion in the Soacha murders. The dismissals included three generals (including two division commanders), four colonels, and several field and noncommissioned officers. The dismissal of senior officers under whose command the murders occurred is an unprecedented event, and indicated the seriousness of the crime and the Colombian government‘s response. The Ministry of Defense acted promptly to turn over evidence in the cases to the Prosecutor General‘s Office so that it could begin criminal proceedings against the 27. The following 27 members of the Armed Forces were dismissed in connection with the Soacha Massacre: 1. Major General Roberto Pico Hernandez, Commander of the 7 th Division 2. Brigadier General Jose Joaquin Cortes Franco, Commander of the 2 nd Division 3. Brigadier General Paulino Coronado Gámez, Commander of the 30th Brigade 4. Colonel Santiago Herrera Fajardo, Former Commander of the 15th Mobile Brigade 5. Colonel Juan Carlos Barrera Jurado, Former Commander of the 14th Brigade 6. Colonel Ruben Darío Castro Gómez, Commander of the 15th Mobile Brigade 7. Colonel Carlos Bohorquez Botero, Chief of Staff for the 14th Brigade 8. Lieutenant Colonel Diego Tamayo Hoyos, Commander of the 15 th Infantry Battalion UNCLASSIFIED
Page 1 and 2: UNCLASSIFIED MEMORANDUM OF JUSTIFIC
Page 3 and 4: - 3 - LEGISLATIVE CONTEXT AND SCOPE
Page 5 and 6: UNCLASSIFIED - 5 - homicides in Col
Page 7 and 8: UNCLASSIFIED - 7 - Overall, investi
Page 9 and 10: UNCLASSIFIED - 9 - and offered a re
Page 11 and 12: UNCLASSIFIED - 11 - Through the De
Page 13 and 14: UNCLASSIFIED - 13 - or turn him ove
Page 15 and 16: UNCLASSIFIED - 15 - retook the Pala
Page 17 and 18: conspiracy in the case. UNCLASSIFIE
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Page 31 and 32: UNCLASSIFIED - 31 - to extrajudicia
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Page 43 and 44: UNCLASSIFIED - 43 - 8) Carlos Iván
Page 45 and 46: UNCLASSIFIED - 45 - However, these
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Page 49 and 50: SECTION 7046(b)(1)(B)(iv) UNCLASSIF
Page 51 and 52: UNCLASSIFIED - 51 - of 196 in 2002
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Page 55 and 56: UNCLASSIFIED - 55 - them if they do
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UNCLASSIFIED - 75 - establish a com
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UNCLASSIFIED - 81 - and analyze any
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UNCLASSIFIED - 85 - Annex A: Arrest
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UNCLASSIFIED - 87 - (20) Army Secon
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UNCLASSIFIED - 89 - (57) Army Profe
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UNCLASSIFIED - 91 - Annex B: Indict
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UNCLASSIFIED - 93 - F. On April 24,
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UNCLASSIFIED - 101 - (33) Army Prof
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UNCLASSIFIED - 103 - S. Trial proce
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UNCLASSIFIED - 105 - Annex D: Resol
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UNCLASSIFIED - 107 - G. (31) Army L
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UNCLASSIFIED - 109 - Annex E: Proce
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UNCLASSIFIED - 111 - G. On October
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UNCLASSIFIED - 113 - (53) Army Prof
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UNCLASSIFIED - 115 - (92) Army Sold
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UNCLASSIFIED - 117 - C. The Inspect
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UNCLASSIFIED - 119 - (54) Army Sold
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UNCLASSIFIED - 121 - M. The Inspect
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UNCLASSIFIED - 123 - (134) Army Thi
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UNCLASSIFIED - 125 - D. On October
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UNCLASSIFIED - 127 - Unknown/Inspec
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UNCLASSIFIED - 129 - R. On May 4, 2
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UNCLASSIFIED - 131 - investigation.
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UNCLASSIFIED - 133 - Application of
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UNCLASSIFIED - 135 - Immediate Insp
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UNCLASSIFIED - 137 - complaint syst
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UNCLASSIFIED - 139 - as number 20 i
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UNCLASSIFIED - 141 - 45. Army Secon
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UNCLASSIFIED - 143 - April 24, 2009
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UNCLASSIFIED - 145 - Investigations
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UNCLASSIFIED - 147 - a practicing g
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UNCLASSIFIED - 149 - Annex K: Milit
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UNCLASSIFIED - 151 - 21. Directive
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UNCLASSIFIED - 153 - 41. Circular N
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UNCLASSIFIED - 155 - 7. Workshop he
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