June, 24 2015, 01:45pm EDT
Colombia: Top Brass Linked to Extrajudicial Executions
Generals, Colonels Implicated in ‘False Positive’ Killings
BOGOTA, Columbia
Extensive previously unpublished evidence implicates many Colombian army generals and colonels in widespread and systematic extrajudicial killings of civilians between 2002 and 2008, Human Rights Watch said in a report released today.
The 95-page report, "On Their Watch: Evidence of Senior Army Officers' Responsibility for False Positive Killings in Colombia," presents evidence strongly suggesting that numerous generals and colonels knew or should have known about "false positive" killings, and may have ordered or otherwise actively furthered them. Prosecutors are investigating at least 3,000 of these cases, in which army troops under pressure to boost body counts in their war against armed guerrilla groups killed civilians and reported them as combat fatalities. Hundreds of lower-ranking soldiers have been convicted, but just a handful of colonels and no generals.
"False positive killings amount to one of the worst episodes of mass atrocity in the Western Hemisphere in recent years, and there is mounting evidence that many senior army officers bear responsibility," said Jose Miguel Vivanco, executive Americas director at Human Rights Watch. "Yet the army officials in charge at the time of the killings have escaped justice and even ascended to the top of the military command, including the current heads of the army and armed forces."
We Interrupt This Article with an Urgent Message! Common Dreams is a not-for-profit news service. All of our content is free to you - no subscriptions; no ads. We are funded by donations from our readers. Our critical Mid-Year fundraiser is going very slowly - only 1,024 readers have contributed so far. We must meet our goal before we can end this fundraising campaign and get back to focusing on what we do best. |
A Human Rights Watch analysis of Attorney General's Office data shows that prosecutors have identified more than 180 battalions and other tactical units - attached to virtually all brigades and in every army division at the time - that allegedly committed extrajudicial killings between 2002 and 2008. Evidence detailed in the report shows that commanders of the brigades and tactical units responsible for a significant number of killings - as well as top army leaders - at least knew or should have known about the crimes, and therefore may be criminally liable as a matter of command responsibility.
Human Rights Watch also obtained recordings and transcriptions of testimony to prosecutors from military personnel implicated in false positives who reported that their superiors, including generals and colonels, allegedly knew of, or planned, ordered, or otherwise facilitated the crimes.
Some of the army officers who commanded the 11 brigades more closely analyzed in the report later became top military leaders. For example, prosecutors' data show they are investigating:
- At least 44 alleged extrajudicial killings by 4th Brigade troops during the period retired Gen. Mario Montoya commanded it. He became the army's top commander in 2006-2008;
- At least 113 alleged extrajudicial killings by 4th Brigade troops when retired Gen. Oscar Gonzalez Pena commanded it. He became the army's top commander in 2008-2010;
- At least 28 alleged extrajudicial killings by 4th Brigade troops when Gen. Juan Pablo Rodriguez Barragan commanded it. As the current commander of the armed forces, he is the country's top military official, and oversees all three military branches, including the army; and
- At least 48 alleged extrajudicial killings by 9th Brigade troops during the period Gen. Jaime Lasprilla Villamizar commanded it. He is now the army's top commander.
The report is based on a Human Rights Watch review of extensive, hereto unpublished, prosecutor's office data; criminal case files; witness testimony, much of it previously unpublished; judicially ordered recordings of retired Lt. Col. Robinson Gonzalez del Rio's phone conversations made by justice authorities after his arrest for false positives; and interviews with prosecutors, witnesses, victims' families, and their lawyers, among other sources.
"Prosecutors confront serious obstacles to advancing their cases, ranging from reprisals against key witnesses to a lack of cooperation by military authorities," Vivanco said. "And many - possibly hundreds - of false positive cases remain in the military justice system, which for all practical purposes guarantees impunity."
Human Rights Watch documented threats, attacks, and harassment against soldiers who have testified against superiors in false positive cases. On October 27, 2014, Nixon de Jesus Carcamo, who had confessed and had been providing information to prosecutors about his superiors' alleged role in false positive cases, was murdered in the 11th Brigade's military detention center.
Prosecutors told Human Rights Watch that military personnel often resist handing over army documents that are crucial to their investigations, such as those that ordered the supposed operations in which the executions occurred and certified payments to informants in the cases.
Moreover, despite repeated rulings of Colombia's Constitutional Court and the Inter-American Court of Human Rights calling for human rights violations to be exclusively investigated and tried by civilian justice authorities, prosecutors say that scores - possibly hundreds - of false positive cases remain in the military justice system. This poses a major impediment to accountability, especially given the evidence documented in the report that the military justice system failed to take basic steps to investigate false positives when most cases were under its jurisdiction, and that at least some military judges actively helped troops cover up the crimes.
Human Rights Watch reviewed judicially ordered audio recordings of Gonzalez del Rio's phone calls with a military judge and a man who appears to be a colonel linked to a senior office in the military justice system, both of whom offered to help him after he was arrested for false positives, further highlighting the system's lack of independence and credibility. The colonel appears to offer support for getting Gonzalez del Rio's case transferred from civilian to military courts, and expresses hope that he will soon be released from detention.
There have also been shortcomings within the Attorney General's Office, including overwhelming caseloads, as well as the distribution of cases from the same military unit among different prosecutors, which hinders contextualized investigations that are material to the prosecution of high-ranking perpetrators.
The Colombian government should order military authorities to cooperate in investigations, assign sufficient prosecutors to the cases, and protect witnesses and their families, Human Rights Watch said. It should also ensure that any transitional justice measures included in a peace agreement with armed guerrilla groups do not hinder accountability for false positives.
In 2012, Colombia enacted the Legal Framework for Peace, a constitutional amendment that paves the way for impunity for atrocities by guerrilla groups, paramilitaries, and the military if a peace agreement is reached with the Revolutionary Armed Forces of Colombia (FARC) guerrillas. The amendment empowers Congress to limit the scope of prosecutions for atrocities to individuals found "most responsible" and provide statutory immunity to everyone else; to exempt war crimes from criminal investigation if they are not determined to have been systematic; and to apply "alternative penalties" to all those convicted, including those deemed most responsible.
The Office of the Prosecutor of the International Criminal Court (ICC) is monitoring false positive proceedings in Colombia and could open an investigation if it determines that national authorities are unwilling or unable genuinely to investigate and prosecute them. The office has said with regard to the Legal Framework for Peace that a sentence that is grossly or manifestly inadequate would "vitiate the genuineness" of the proceeding. In other words, it could trigger an ICC investigation.
The Office of the Prosecutor of the ICC should continue to closely monitor proceedings in false positive cases, Human Rights Watch said.
The United States government should enforce human rights conditions on military aid to Colombia, including the requirement that human rights cases be "subject only to civilian jurisdiction" and that the military cooperate with prosecutors in such cases. In light of the evidence that these two conditions are not being met, the US should suspend the part of military aid that depends on Colombia's compliance with them, Human Rights Watch said.
"Colombia needs to ensure that any transitional justice measures enacted as part of a future peace agreement don't deny victims' families justice in false positive cases," Vivanco said. "If Colombia doesn't bring those most responsible to justice, the International Criminal Court should open a formal investigation."
Examples of Testimony Implicating Generals
- A former commander of troops in the 16th Brigade testified to prosecutors and before a judge that his brigade commander, Gen. Henry William Torres Escalante, ordered, planned, and covered up false positives. Prosecutors are investigating at least 66 alleged extrajudicial killings by 16th Brigade troops during the period Torres Escalante commanded it;
- Several soldiers and officers have provided testimony to prosecutors implicating Gonzalez Pena in at least having known about false positives as commander of the 4th Brigade and later as the head of the Joint Caribbean Command;
- Gonzalez del Rio, who has publicly admitted responsibility for at least 27 false positives, told prosecutors that several generals knew of, authorized, and/or covered up such crimes by his troops. His testimony named General Rodriguez Barragan, then-4th Brigade commander and now top commander of the armed forces, and retired General Hernando Perez Molina, then-3rd Division commander, among others; and
- According to Gonzalez del Rio's testimony to prosecutors, retired General Montoya, the army's top commander between February 2006 and November 2008, pressured subordinate commanders to increase body counts, punished them for failing to do so, and was the principal "motivator" for false positives. In testimony to the prosecutor's office, another senior army officer who has confessed to false positives blamed the killings on Montoya's "policy" of demanding combat kills.
Reprisals Against Witnesses
- On October 27, 2014, Carcamo was murdered in the 11th Brigade's military detention center, where he was being held on false positive charges. Eleven days earlier, he told prosecutors that he feared for his life and that if he was killed, the people he was accusing were responsible;
- There is compelling evidence that the 2013 rape of a soldier's wife by unidentified men was in retaliation for the soldier's testimony against an army colonel. The soldier, who has also received death threats, is a key witness in false positive cases against the colonel and other officers and soldiers; and
- Sergeant Carlos Eduardo Mora's testimony has contributed to the conviction of a lieutenant colonel and numerous other soldiers for false positives. In retaliation, he has received death threats, and senior army officers have harassed and sought to stigmatize him. He reported that in 2013, army officials attempted to check him into a psychiatric clinic against his will, apparently trying to discredit him, and that in 2014, a general made statements in front of him and a large group of fellow army counterintelligence personnel strongly insinuating that he was a "traitor." In April 2015, the army opened a disciplinary investigation against him for making statements to the media about false positives - and the abuse he has been subject to as a witness - without the authorization of his superiors.
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
Netanyahu Demands Harsher Crackdown on US Students as Campus Protests Spread
"Biden's partner in crimes against humanity is now endangering U.S. college students," said one Palestinian rights advocate.
Apr 25, 2024
Israeli Prime Minister Benjamin Netanyahu suggested Wednesday that he was dissatisfied with the arrests of hundreds of U.S. college students—some of whom were violently detained by large groups of police officers—in the last week at a growing number of protests against universities' complicity in Israel's massacre of Palestinians in Gaza.
Netanyahu called the students who have set up encampments in solidarity with Palestinians "antisemitic mobs" and accused them of attacking Jewish students and faculty—despite the fact that Jewish organizers have been among those protesting Israel's bombardment of Gaza and demanding a cease-fire.
"It's unconscionable. It has to be stopped. It has to be condemned and condemned unequivocally... More has to be done," said Netanyahu shortly after Texas state troopers on horseback arrived at the campus of the University of Texas at Austin and arrested at least 50 people, including a photojournalist.
Artist and author Eli Valley said Netanyahu's call for a more forceful response could endanger U.S. college students in the interest of distracting "from the horrors" the Israeli government is inflicting in Gaza.
The prime minister's comments also came as at least 93 people were arrested at the University of Southern California, and hours before more than 100 students were detained by Boston police officers at Emerson College.
The current surge in student protests comes after months of demonstrations across the country demanding that President Joe Biden push for a permanent cease-fire and end unconditional military aid for Israel, which has received billions of dollars in weapons from the U.S. since it began its latest attack on Gaza—and full-scale obstruction of humanitarian aid—in October.
Starting with a solidarity encampment at Columbia University last week, U.S. college students have called on their schools to divest from weapons manufacturers, tech companies, and other entities that work with the Israeli government, and have demanded a cease-fire.
More than 100 students were suspended from Columbia and its affiliate, Barnard College, and then arrested last week—but the New York Police Department's response, sanctioned by university president Minouche Shafik, didn't stop protesters from erecting another encampment that was still up on Thursday as student organizers and administrators held negotiations.
Al Jazeerareported Thursday that despite law enforcement's violent response to protesters, demonstrations have sprung up at dozens of schools.
"As a sheer tactical matter, mass arrests of the protesters seem to be having the opposite of its intended effect," observed MSNBC anchor Chris Hayes.
Netanyahu's call for a greater show of force against students exercising their constitutional rights, said Palestinian ambassador to the United Kingdom Husam Zomlot, is evidence that the prime minister "knows the tide is turning, and time is against him and his racist government."
On Thursday morning, new demonstrations were announced at the City College of New York, Northwestern University, Emory University, Georgetown University, and Princeton University.
Organizers of some of the protests said they would not dismantle their encampments until their demands, including for divestment from companies benefiting from Israel's policies in the occupied Palestinian territories, were met.
"We refuse to allow business to continue as usual in the face of Northwestern's complicity," said organizers with Educators for Justice in Palestine, Jewish Voice for Peace, and Student Liberation Union at the university in Evanston, Illinois. "While Northwestern University rejects demands to disclose its investments, members of its Board of Trustees have served as executives of companies that supply arms to Israel. The university maintains partnerships like the Israel Innovation Project (IIP), whose research has strengthened the Israeli military-industrial complex and its capacity for surveillance and AI-powered apartheid. Our movement will not be stopped, nor will it be co-opted—we are committed to reclaiming our campus and reimagining what a university space should be until our following demands are met."
The groundswell of protest activity on college campuses, taking place just over six months ahead of the U.S. general election, led some observers to note that Biden may be sacrificing crucial support from young voters in the interest of continuing to support a foreign government's military operation that has killed at least 34,305 Palestinians.
"As usual, Netanyahu openly amplifies GOP messages," saidThe Atlantic senior editor Ronald Brownstein, "which should remind Biden he's tied himself to a partner [who is] hoping he loses."
Biden told reporters on Monday that he condemned "the antisemitic protests" without saying which student demonstrations have expressed support for antisemitism or how, and said in a statement on Sunday that "blatant antisemitism is reprehensible and dangerous—and it has absolutely no place on college campuses, or anywhere in our country"—but also didn't specify in the remarks what antisemitic activity the White House has observed at protests in support of Gaza.
U.S. Rep. Adam Smith (D-Wash.) said Wednesday in an interview with a CBS News reporter that campus protesters demanding a cease-fire are practicing "left-wing fascism" and "challenging representative democracy" and called for their arrests.
On "All In with Chris Hayes" on Wednesday evening, Hayes pointed out that as politicians from across the political spectrum accuse student protesters of antisemitism and violence, "the actual issues raised by the protests and protesters, which include the status of the hostages in Gaza, Israel's ongoing war in Gaza, the 30,000+ deaths there, and how and when the war might be brought to a close, all remain completely unresolved."
"What is the endpoint here?" Hayes asked. "How many people have to die, how many is tolerable, how many tens of thousands, how many children? How will the hostages come home? With the specter of even more mass destruction looming ahead, how will the people of Gaza find anything approaching a habitable future?"
Keep ReadingShow Less
Listen Live: US Supreme Court Hears Outrageous Argument That Trump Is Above the Law
"The American people deserve a Supreme Court that does not hesitate to declare that no one is above the law, including a former president," said one campaigner.
Apr 25, 2024
After months of delay, the U.S. Supreme Court on Thursday will hear oral arguments in a closely watched case on whether former President Donald Trump should be immune from criminal charges stemming from his efforts to overturn his 2020 election loss—an argument that legal experts say is both absurd and dangerous.
Listen live to the oral arguments, which are set to begin at 10:00 am ET:
Thursday's proceedings mark the high court's final argument of its current term, and pro-democracy campaigners are calling on the justices to quickly reject the former president's sweeping immunity claim so he can face trial on federal election subversion charges before his November rematch with President Joe Biden.
As Bloomberg's Greg Stohr noted earlier this week, Thursday's oral arguments give "Special Counsel Jack Smith only a narrow window to put the former president in front of a Washington jury before voters go to the polls on November 5."
"With the trial on hold until the high court rules," Stohr added, "Smith needs a clear-cut victory, and he needs it quickly."
Sean Eldridge, founder and president of the progressive advocacy group Stand Up America, said in a statement Thursday that "the Supreme Court's right-wing majority has already handed Trump a temporary victory by stalling this case for months, allowing him to delay accountability for his criminal attempts to cling to power."
"With so much at stake for our democracy, the Supreme Court should rule swiftly and decisively in this case," said Eldridge. "Accountability delayed could mean accountability denied."
Keep ReadingShow Less
Grand Jury Indicts Top Trump Aides, 11 Arizona Republicans Over 'Fake Electors' Scheme
Had it succeeded, said the state's attorney general, the scheme would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
Apr 25, 2024
A grand jury in Arizona on Wednesday charged seven aides to Donald Trump and nearly a dozen Republican officials over a "fake electors" scheme in the state that aimed to keep the former president in power after his 2020 loss to President Joe Biden.
Trump, who is currently facing nearly 90 charges across four criminal cases as he runs for another White House term, was described as "unindicted co-conspirator 1" in the 58-page indictment, which was announced by Arizona Attorney General Kris Mayes.
"The people of Arizona elected President Biden," Mayes, a Democrat, said Wednesday. "Unwilling to accept this fact, the defendants charged by the state grand jury allegedly schemed to prevent the lawful transfer of the presidency. Whatever their reasoning was, the plot to violate the law must be answered for."
The indictment names former Arizona Republican Party Chair Kelli Ward, sitting state Republican Sens. Jake Hoffman and Anthony Kern, former U.S. Senate candidate Jim Lamon, and seven others as the "fake electors" who sought to declare Trump the rightful winner of the state's presidential contest.
The names of other individuals indicted by the state grand jury are redacted, but the document's descriptions make clear that former White House Chief of Staff Mark Meadows, former Trump attorney Rudy Giuliani, and top Trump legal strategist Boris Epshteyn are among those facing felony charges—including fraud, forgery, and conspiracy.
"In Arizona, defendants, unindicted coconspirators, and others pressured the three groups of election officials responsible for certifying election results to encourage them to change the election results," the document reads. "Discussions about using the Republican electors to change the outcome of the election began as early as November 4, 2020. Those plans evolved during November based on memos drafted by [an attorney for the Trump campaign, Kenneth Chesebro]."
Mayes said Wednesday that had the fake elector scheme succeeded, it would have "deprived Arizona's voters of their right to have their votes counted for their chosen president."
"It effectively would have made their right to vote meaningless," said Mayes.
A state grand jury, made up of everyday, regular Arizonans, has handed down felony indictments in the ongoing investigation into the fake elector scheme in Arizona. pic.twitter.com/Nu8GcD4ZqJ
— AZ Attorney General Kris Mayes (@AZAGMayes) April 24, 2024
Alex Gulotta, state director of All Voting Is Local Action Arizona, said Wednesday that "the indictment of the eleven fake electors is one of the first steps required in holding these election deniers accountable for their alleged attempts to take power away from voters by disrupting our free and fair elections."
"Arizonans deserve to trust the election officials responsible for administering our elections and preserving our democracy," said Gulotta, "and this is a positive step forward as we continue to strengthen the foundations of our democracy and restore faith in our elections."
The Arizona Republicreported Wednesday that "several of the Arizona electors have previously claimed they were merely offering Congress a backup plan, though nothing in the documents they sent to Congress and the National Archives backs up that assertion."
"The indictment includes several statements the false electors made on social media that contradict those claims," the newspaper observed.
Jenny Guzman, director of Common Cause's Arizona program, said the indictment "marks the start of a new chapter for the fake elector scheme that has plagued Arizona."
"Arizonans are still dealing with the fallout from the false electors and the Big Lie about the 2020 elections," said Guzman. "We are relieved that the investigation by Attorney General Mayes has concluded and Arizonans can now know that what comes next is accountability. These efforts by these fake electors to undermine the will of Arizona’s voters have had implications far beyond their failed attempt to overthrow the 2020 election."
"This indictment can reassure all Arizonans that if anyone, regardless of their political affiliation, attempts to undermine their vote, consequences will follow," Guzman added.
Keep ReadingShow Less
Most Popular