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

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UNCLASSIFIED - 40 - confession process by helping to develop questions, identify evidence, clarify facts, verify information given in testimony, etc. As of December 2008, 30 21,932 demobilized paramilitary members were engaged in the government‘s reintegration process, which provides services at the local and national level to help the demobilized become productive members of Colombian society. Once they enter the process, the demobilized are given a psychological profile, civic profile, and employment profile before a reintegration plan is developed for them. Reintegration plans include psychosocial attention, education, job training, and courses on civic responsibilities. On March 19, 2009, Bogotá‘s Superior Court issued the first (partial) conviction of a JPP participant in the four years of the process. The tribunal sentenced William Salazar (―El Loro‖) to 68 months in prison and a fine of 28 million pesos (approximately $14,000 31 ) for murder and extortion. The conviction came after the decision by the Prosecutor General‘s Office to allow partial convictions in the JPP. Prior to this decision, prosecutors were unable to seek convictions until the participant had completed his entire JPP testimony, which had been significantly delaying the conviction process. As former paramilitary members give statements about their criminal activities, the Prosecutor General‘s Office and other appropriate investigatory bodies – such as the Supreme Court, in the case of serving legislators – are following up on these allegations. The Government has provided additional resources to the Supreme Court to strengthen its investigative capability. To prepare for this process, the Justice and Peace Unit is administering an interagency database that links information on the demobilized paramilitary members to information on victims‘ claims and allegations against them or the groups to which they belonged. As of June 15, 2009, through the JPP the Unit had catalogued over 200,000 victims statements, alleging over 40,000 crimes. Demobilized paramilitary members have testified to the existence of, and participation in, paramilitary support networks, including those who provided political and/or financial support. As of June 15, 2009, paramilitary testimony and other evidence had implicated 86 of Colombia‘s 268 congressional representatives as having paramilitary ties. Of these, four have been paroled (and have resigned), 33 are in jail, 33 30 Time frame available as of July 31, 2009. 31 At conversion rate of 1 USD = 2,000 COP UNCLASSIFIED
UNCLASSIFIED - 41 - are under investigation but are not in jail, one is alleged to have ties but is not yet under investigation, and 15 have been acquitted. Additionally, 15 governors have been implicated (ten are in jail, three are under investigation, and two are alleged to have ties but are not yet under investigation); and 34 mayors have been linked to paramilitary groups (one is serving a sentence, 23 are in jail awaiting case resolution, one has been acquitted, eight are alleged to have ties but are not yet under investigation, and one is under investigation). In addition, a few former members of the executive branch are under investigation for alleged links to paramilitary groups. A list of some of those under investigation is included at Annex J. Testimony by paramilitary members through the JPP has enabled the Prosecutor General‘s Office to open, and re-open, cases against current and retired members of the Armed Forces. For example, on December 12, 2008, Prosecutor General Mario Iguaran authorized the opening of investigations into four former Army generals for alleged previous ties to the now demobilized AUC. Carlos Alberto Ospina (former commander of the Armed Forces), Julio Eduardo Charry (former Army commander in the Uraba region), Ivan Ramírez Quintero (former commander of the Army‘s 1 st Division), and Rito Alejo del Río (former commander of the 17 th Brigade) were all accused of connections to the AUC and were reportedly named in testimony (―versions libres‖) by former AUC leaders, including Salvatore Mancuso and Francisco Villalba. More information on the investigation and their arrests in included at Section 7046(b)(1)(B)(i). Seizure of Paramilitary Assets and Reparations to Victims Demobilized paramilitary members taking part in the JPP (in accordance with Law 975 of 2005), are required to turn over all illicitly-obtained assets, which will be used to provide reparations to victims. Some human rights groups complain that the Colombian government has been ineffective in identifying and confiscating paramilitaries‘ illegally acquired assets. Voluntary delivery of assets by demobilized paramilitary members has not been significant. The Prosecutor General‘s Office has been slow to determine how to address this matter, both with respect to compliance with the JPP and asset seizure. That said, there are encouraging signs that the Prosecutor General‘s Office has begun to take steps to seize assets (see list below of seizures during the certification period). Asset seizure is complicated by (a) difficulty in reaching some areas where the assets are located, and (b) the fact that the majority of the assets belonging to participants in the JPP are bogged down in embargoes, utility debts, and taxes, which, in most cases, exceed the value of the asset. Conflicting claims among different groups of displaced persons are also an issue, especially given the lack of land titling in some areas. The Prosecutor General‘s Asset Forfeiture and Money Laundering Unit has increased its efforts to seize and forfeit properties from some of the demobilized 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
Page 19 and 20: UNCLASSIFIED - 19 - ties to the mur
Page 21 and 22: UNCLASSIFIED - 21 - handling 112 ca
Page 23 and 24: UNCLASSIFIED - 23 - Army Inspector
Page 25 and 26: UNCLASSIFIED - 25 - for the Soacha
Page 27 and 28: UNCLASSIFIED - 27 - Armed Forces di
Page 29 and 30: UNCLASSIFIED - 29 - 13. Establish a
Page 31 and 32: UNCLASSIFIED - 31 - to extrajudicia
Page 33 and 34: UNCLASSIFIED - 33 - pertinent civil
Page 35 and 36: UNCLASSIFIED - 35 - Division Comman
Page 37 and 38: UNCLASSIFIED - 37 - demobilized AUC
Page 39: UNCLASSIFIED - 39 - assistant crimi
Page 43 and 44: UNCLASSIFIED - 43 - 8) Carlos Iván
Page 45 and 46: UNCLASSIFIED - 45 - However, these
Page 47 and 48: UNCLASSIFIED - 47 - 9) José Vicent
Page 49 and 50: SECTION 7046(b)(1)(B)(iv) UNCLASSIF
Page 51 and 52: UNCLASSIFIED - 51 - of 196 in 2002
Page 53 and 54: UNCLASSIFIED - 53 - Displacement of
Page 55 and 56: UNCLASSIFIED - 55 - them if they do
Page 57 and 58: UNCLASSIFIED - 57 - Indigenous Coun
Page 59 and 60: UNCLASSIFIED - 59 - military operat
Page 61 and 62: UNCLASSIFIED - 61 - Mobility and Co
Page 63 and 64: UNCLASSIFIED - 63 - displacement. B
Page 65 and 66: UNCLASSIFIED - 65 - the group met 1
Page 67 and 68: UNCLASSIFIED - 67 - protection meas
Page 69 and 70: UNCLASSIFIED - 69 - Vigesima Septim
Page 71 and 72: UNCLASSIFIED - 71 - Under Decree 98
Page 73 and 74: UNCLASSIFIED - 73 - 2008, groups re
Page 75 and 76: UNCLASSIFIED - 75 - establish a com
Page 77 and 78: UNCLASSIFIED - 77 - populations, pa
Page 79 and 80: UNCLASSIFIED - 79 - document presen
Page 81 and 82: UNCLASSIFIED - 81 - and analyze any
Page 83 and 84: UNCLASSIFIED - 83 - agencies work t
Page 85 and 86: UNCLASSIFIED - 85 - Annex A: Arrest
Page 87 and 88: UNCLASSIFIED - 87 - (20) Army Secon
Page 89 and 90: UNCLASSIFIED - 89 - (57) Army Profe
Page 91 and 92:
UNCLASSIFIED - 91 - Annex B: Indict
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UNCLASSIFIED - 93 - F. On April 24,
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UNCLASSIFIED - 95 - (47) Army Profe
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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
Page 107 and 108:
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
Page 117 and 118:
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
Page 129 and 130:
UNCLASSIFIED - 129 - R. On May 4, 2
Page 131 and 132:
UNCLASSIFIED - 131 - investigation.
Page 133 and 134:
UNCLASSIFIED - 133 - Application of
Page 135 and 136:
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
Page 145 and 146:
UNCLASSIFIED - 145 - Investigations
Page 147 and 148:
UNCLASSIFIED - 147 - a practicing g
Page 149 and 150:
UNCLASSIFIED - 149 - Annex K: Milit
Page 151 and 152:
UNCLASSIFIED - 151 - 21. Directive
Page 153 and 154:
UNCLASSIFIED - 153 - 41. Circular N
Page 155 and 156:
UNCLASSIFIED - 155 - 7. Workshop he
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G:\SEARAAND\Colombia 2009\HR Certif
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