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

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UNCLASSIFIED<br />

- 27 -<br />

Armed Forces dismissed in connection with <strong>the</strong> Soacha murders.<br />

Cooperation from Ministry <strong>of</strong> Defense on Extrajudicial Killings<br />

When <strong>the</strong> special commission‘s findings were made public on November 17, 2008,<br />

it made a series <strong>of</strong> recommendations to <strong>the</strong> Ministry <strong>of</strong> Defense on how to streng<strong>the</strong>n<br />

<strong>human</strong> rights protection within <strong>the</strong> Armed Forces:<br />

Revise <strong>the</strong> Application <strong>of</strong> Military Doctrine: A three-month review <strong>of</strong> military<br />

doctrine at <strong>the</strong> tactical level in order to verify <strong>the</strong> way it was being used, and to<br />

identify faults in intelligence, operational, and logistical proceedings (control and use<br />

<strong>of</strong> arms and munitions in particular);<br />

Revise Human Rights Training: Among o<strong>the</strong>r things, to establish a system for<br />

evaluating understanding <strong>of</strong> <strong>human</strong> rights;<br />

Create an Immediate Inspection Commission (CII): The CII would travel<br />

immediately to <strong>the</strong> location <strong>of</strong> complaints about <strong>human</strong> rights abuses or infractions <strong>of</strong><br />

international <strong>human</strong>itarian law and would analyze cases from an operational<br />

perspective in order to make recommendations to <strong>the</strong> Inspector on administrative and<br />

disciplinary actions, and any corresponding reviews <strong>of</strong> operational procedures;<br />

Reinforce Independence <strong>of</strong> Inspector Delegates: Create a diagnostic to identify<br />

methods for this, especially in clarifying <strong>the</strong>ir reporting relationship to <strong>the</strong> Inspector<br />

General‘s Office within <strong>the</strong> Ministry <strong>of</strong> Defense, and not to units to which <strong>the</strong>y are<br />

assigned;<br />

Restructure Operational Judicial Advisors: Create a structural hierarchy for <strong>the</strong><br />

advisors and ensure that <strong>the</strong>y report through a Bogotá headquarters in order to create<br />

unity <strong>of</strong> criteria and independence for <strong>the</strong>se positions;<br />

Streng<strong>the</strong>n Procedures for Authorizing Military Objectives: Ensure that approval<br />

is needed from <strong>the</strong> General Command <strong>of</strong> <strong>the</strong> Armed Forces before force is used<br />

against criminal organizations, implement periodic evaluation mechanisms <strong>of</strong><br />

authorized uses <strong>of</strong> force, and ensure that <strong>the</strong> police maintain primary responsibility for<br />

defeating criminal organizations;<br />

Improve Performance Evaluation: Improve evaluation techniques to ensure that<br />

each unit is evaluated on its performance in accordance with predetermined objectives<br />

for <strong>the</strong> type <strong>of</strong> operation <strong>the</strong>y are carrying out in accordance with <strong>the</strong> threat/hostility<br />

level in <strong>the</strong> area;<br />

Adjust ROEs: Put in place a system for applying ROEs that takes into account threat<br />

levels in <strong>the</strong> area;<br />

Establish Human Rights Certification: Establish a <strong>human</strong> rights certification<br />

course for all <strong>of</strong>ficials seeking promotion to Colonel or General;<br />

Streng<strong>the</strong>n Role <strong>of</strong> Judicial Branch: In compliance with Directives 10 and 19,<br />

UNCLASSIFIED

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