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

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to extrajudicial killings. That said, the United Nations and other organizations have
raised concerns about other reward mechanisms – like promotions, awards, and days off
for combat kills – that may have incentivized extrajudicial killings, and the government is
working to address these concerns.
The primary factors behind extrajudicial killings appear to have been informal,
body count-based rewards systems and a lack of internal controls. Still, abuse and theft
of ―gastos reservados,‖small intelligence funds controlled by brigade and battalion
commanders, may have facilitated recruitment of victims in some cases. The Ministry of
Defense has taken several steps to address these concerns, including the 15 measures
issued by then-Minister of Defense Santos; Directive 300-38 from November 20, 2007,
which emphasizes captures over kills as a primary criterion for evaluating military
success; and a Human Rights Certification Program based on polygraph assessment and
verification of operational history for all candidates for promotion to the rank of
Lieutenant Colonel and above.
Orders and Training on Human Rights
Between June 16, 2008 and May 31, 2009, 19 the Ministry of Defense issued 48
orders aimed at reducing the incidence of human rights abuses within its ranks. In
addition, the Armed Forces conducted six seminars related to human rights; the Army
held 18 courses and sent 32 people to six international courses on human rights; and the
Air Force and Navy conducted training on human rights. A complete list of these orders
and training is included in Annex K.
Military Cooperation with Judicial Authorities
The Colombian Armed Forces have continued to make progress in cooperating
with civilian prosecutors and judicial authorities. The Minister of Defense continued to
use the Coordinator of the Armed Forces‘ Group on Human Rights and International
Humanitarian Law as its liaison with civilian authorities. The directors of the Human
Rights Offices of the Armed Forces also liaised with representatives from the Inspector
General‘s and Prosecutor General‘s Offices in their respective jurisdictions to ensure
cooperation at regional and local levels.
The Ministry of Defense continues to work with the civilian judicial authorities
and international organizations to address extrajudicial killings. The high-level
committee established through Directive 10, issued June 6, 2007, is chaired by the
Minister of Defense, and includes members of both the civilian and military justice
systems, UNHCHR, and the Inspector General, and starting in 2008, the ICRC joined the
19 Time frame available as of July 31, 2009.
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