Letter to Condoleezza Rice, Secretary of State, Re: Human Rights Violations in Colombia

Letter

Dodd, Feingold Speak Out Against Human Rights Violations in Colombia
Calls on Secretary Rice to Withhold Military Aid Until Columbia Puts a Stop to Extrajudicial Executions

In a letter sent yesterday to Secretary of State Condoleezza Rice, Senators Chris Dodd (D-CT) and Russ Feingold (D-WI) expressed serious concern regarding recent reports of the killing of civilians by members of the Colombian Armed Forces. The senators urged Secretary Rice to withhold a portion of military aid to Colombia until the Colombian government makes progress in investigating and prosecuting these cases, moving them into the civilian justice system, and ensuring that new cases do not occur. Senators Dodd and Feingold were joined by Senators Sanders (I-VT), Brown (D-OH), Kerry (D-MA), Kennedy (D-MA), Boxer (D-CA), Durbin (D-IL), Kohl (D-WI), Harkin (D-IA), Mikulski (D-MD), Whitehouse (D-RI), Casey (D-PA), and Johnson (D-SD) in sending the letter.

"We must not ignore reports that Colombian civilians are being killed by members of the armed forces," said Dodd. "I urge Secretary Rice to seriously consider these reports before certifying the portion of military assistance for Colombia that is contingent on the improvement of human rights in that country. The Colombian government still has much work to do to ensure that their judicial system is properly utilized, and it is my hope that the State Department will work to fulfill its responsibility to advance human rights in Colombia."

"The Colombian government should not turn a blind eye to the killing of citizens by its own military," Feingold said. "These killings lead Colombia in the wrong direction - away from strengthened rule of law, an independent judiciary, and increased respect for human rights. The United States should take these reports seriously, particularly when considering military assistance to Colombia. U.S. assistance should be contingent on the Colombian government's progress in advancing human rights and holding individuals accountable for these heinous crimes."

The full text of the letter is below. A Spanish translation of the letter is also available.

Dear Madam Secretary:

We share with you a firm commitment for U.S. policy to consolidate Colombia's democratic institutions, increase respect for human rights and strengthen the rule of law. We believe both our aid and our diplomacy should support these goals. Our substantial aid program to Colombia must be accompanied by strong and consistent U.S. attention to human rights.

We write to call your attention to increased reports alleging extrajudicial executions of civilians by members of the Colombian armed forces. In three successive annual reports, the office of the United Nations High Commissioner for Human Rights (UNHCHR) in Colombia observed an increase in reports of extrajudicial executions by members of the Colombian army. In its most recent report, the UNHCHR noted that, "The right to life was affected by the persistence of murders, with characteristics of extrajudicial executions, attributed to members of the security forces, particularly the army. The Office noted an increase in the number of complaints received compared to 2005. In many of the cases reported, three common elements were identified: The presentation of civilian victims as having died in combat; the alteration of the scene of the crime by its perpetrators; and the investigation of the facts by the military criminal justice system."(2006 report, page 11, point 36)

Eleven Colombian human rights organizations that are members of the coalition Coordinación Colombia-Europa-Estados Unidos presented evidence in 2006 and 2007 before the Inter-American Human Rights Commission of the Organization of American States regarding extrajudicial executions by members of the Colombian security forces. The organizations revealed that their database of human rights violations contains 955 cases of extrajudicial executions allegedly committed by members of the security forces from July 2002-June 2007, a notable increase compared to the previous five-year period. The organizations have compiled legal evidence for over 150 of the 955 reported cases.

In October 2007, an international mission of human rights experts listened to witnesses and family members from over 130 cases and interviewed government officials. The observer mission noted that "in a large number of cases, victims are illegally detained in their home or workplace and taken to the place where they are executed"; they are then "reported by the armed forces as insurgents killed in combat."

The vast majority of these cases remain in impunity. Most cases are assumed by the military justice system, although Colombian jurisprudence unequivocally dictates that cases of human rights violations should be assumed by the civilian justice system. We are aware of only two of the 955 cases that have resulted in convictions. It is notable that these are cases which the State Department repeatedly raised with Colombian counterparts.

The Colombian government has taken several steps to address this issue. On June 6, 2007, the Defense Ministry issued a directive which reminds military authorities of the need to respect civilians, identify military objectives properly, and allow civilian authorities to conduct investigations. A November 2, 2007 directive clarified the role of the civilian authorities in launching investigations and a November 20, 2007 directive encouraged members of the army to prioritize demobilizations and captures over body counts. The government has also established a commission with technical support from the Colombia office of the UN High Commissioner for Human Rights to look into these allegations. These are welcome steps, and are a direct result of concerns raised by your department. However, this diplomatic effort must continue until there is measurable progress in transferring cases to civilian courts, advancing investigations and achieving convictions where appropriate if this disturbing pattern of human rights abuses is to end.

In addition, statements by high-level government officials, including President Uribe himself, that imply that human rights activists involved in documenting such abuses are playing into the hands of the guerrillas, have encouraged the armed forces to discount concerns about abuses against civilians and serve to endanger the human rights activists, lawyers and witnesses involved in such cases.

We urge you to withhold further certification of the portion of military aid subject to the human rights conditions in the foreign operations appropriations law until there are substantial advances in investigating and prosecuting these cases, moving them into the civilian justice system, and ensuring that new cases do not occur. We also support the congressional hold that has been placed on FY 2006 funds until notable progress is made in addressing the extrajudicial executions of civilians. We urge the State Department and the U.S. Embassy in Colombia to use your diplomatic offices to encourage the Colombian government to ensure that:

* Cases of suspected extrajudicial executions by members of the Colombian security forces are assumed by the civilian, not the military, justice system;

* Forensic investigations and crime scene analysis in such cases is carried out by the Cuerpo Técnico de Investigación (CTI) of the Attorney General's office (Fiscalía);

* Government officials refrain from statements that endanger human rights groups documenting such cases; and

* Members of the security forces against whom there are credible allegations in such cases be regularly suspended from active duty pending investigations.

We recognize and support the substantial U.S. assistance to the Colombian Attorney General's office as well as other rule-of-law programs. We believe that this aid will help Colombia to address human rights challenges, but such aid must be accompanied by a strong diplomatic message.

In your October, 2007 address to the Organization of American States, you mentioned that "President Uribe has committed his government to bringing those responsible to justice, to protecting the lives and liberties of all its citizens, and to showing that there will be no impunity for any crime -- past, present or future." It is imperative that the Colombian government fulfill this promise in regards to crimes committed by its own forces. Thank you for your efforts to address these concerns.

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