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

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However, these groups lack the political motivations and national structure of the
previous paramilitary groups. In its 11 th quarterly report, the OAS Verification Mission
noted that while it is evident that these new criminal groups are developing a criminal
profile linked to drug trafficking, there is no evidence of counterinsurgent actions that
would link these groups to paramilitary concepts and actions. In fact, in some cases,
these groups are making alliances with the FARC and ELN in order to pursue their
criminal ventures.
In his initial findings, released June 18, 2009, the UN Special Rapporteur on
Extrajudicial Executions Philip Alston voiced concern over the high rate of killings by
illegal armed groups. He criticized the government‘s failure to confront the ―resurgence‖
of former paramilitaries in illegal groups, arguing that the phenomenon should not simply
be addressed as criminal activity. He censured the ―alarming level of impunity‖ for
former paramilitaries and called for swift investigation and prosecution of extrajudicial
killings and other human rights violations by new criminal groups.
During the certification, several threats were reported, allegedly by these new
groups. For example, in mid-February 2009, fliers calling for ―social cleansing‖ of drug
dealers and users, prostitutes, and criminals began appearing in Medellín. In March
2009, the fliers began appearing in 20 other cities throughout Colombia. In addition,
pamphlets in Bogotá threatened employees of the Human Rights Ombudsman‘s Office
(Defensoria) calling them ―snitches‖ and ―targets.‖ In only two regions were the fliers
signed by organizations: in Sucre by ―Juan Carlos Luna Correa,‖ the presumed leader of
the Aguilas Negras in Bolívar, and in Barranquilla by ―the Organization,‖ a group
unknown to Colombian authorities.
The Colombian government is taking action to investigate these threats and to
provide protection as warranted, but the presence of the groups is troubling. President
Uribe publicly offered a reward for information on the fliers, and urged citizens to tear
them up. Colombian National Police (CNP) Commander General Naranjo promised
protection to any individual directly threatened.
The Colombian government has undertaken a concerted effort to capture leaders
and members of illegal armed groups, some of whom are paramilitary members who
refused to demobilize. One of the biggest developments during the certification period
was the April 15, 2009, capture of illegal armed group leader and narcotrafficker Daniel
Rendón Herrera (former paramilitary leader alias ―Don Mario‖), for whom the
government had been offering a reward of five million Colombian pesos (approximately
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