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June 1999 News
Press Release by a Group of Colombian Human Rights Organizations
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Urgent Action: Stop Impunity for Massacre at Mapiripan
Given the likelihood that once again the attempts to bring to justice
military officers implicated in crimes against humanity will be treated
with scorn, under the protection of military privilege, we the
undersigned organizations approach you to let you know about the following
events and invite you to react by contacting the Colombian authorities :
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On July 2, 1999, the Commander of the Colombian Army General Jorge
Enrique Mora Rangel representing military justice took advantage of
competing jurisdictions to seek from the Colombian Attorney General that
he be the person to judge Brigadier General Jaime Humberto
Uscategui-Ramirez, Colonel Lino Hernando Sanchez-Prado. Liuteniant Colonel
Hernan Orozco-Castro, Second Sargent Jose Miller Uruena-Diaz and Second
Sargent Juan Carlos Gamarra-Polo, all of whom are covered, except
Lieutenant Colonel Orozco-Castro, by preventive detention for the crimes
of conspiracy to commit crime, terrorism, aggravated homicide and
aggravated kidnapping and ideological falsity, because of the investigation
which is being carried formally by the Human Rights Unit of the Colombian
Attorney General's Office regarding the events which took place in
Mapiripan, Meta Department, in July 1997.
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The events were carried out during the period July 15 - 20, 1997 in the
municipality of Mapiripan and recognized publically by the paramilitary
chief Carlos Castano-Gil, who assured to have massacred 48 persons, the
majority of whom were not found because they were tortured, dismembered,
eviscerated, beheaded and thereafter thrown into the broad waters of the
Guaviare River.
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The paramilitaries arrived at Mapiripan coming from Urabá, in civilian
airplanes hired for that purpose which took off from the airports Necocli
and Cefars of Apartadó. They arrived on July 12, 1997 at the airport of San
Jose de Guaviare, where, canvas-topped trucks were waiting for them. It has
been established that the Police and the Army had absolute control of the
said airports and that all persons had to be fully identified in order to
board planes there and to leave from these airports.
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The Human Rights Unit of the office of the Attorney General of Colombia
has carried out a rigorous investigation as a result of which it has
ordered the preventive detention of the members of the Army; but today the
risk is being run, as has happened on prior occasions, that the Superior
Council of the Judiciary will cause these initiatives to be aborted by
sending the case to the military penal justice system.
Based upon what has just been mentioned, we ask that you communicate with
the following Colombian authorities in terms which we propose as follows :
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Repudiating the fact that the President of Colombia, as Commander in
Chief of the Military Forces, does not keep his subordinates from
continuing to sponsor impunity for crimes against humanity through
competition of jurisdiction, making a mockery not only of justice and the
State of Law but also of the very will expressed by the Government that
human rights should be respected
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Repudiating that the Superior Council of the Judiciary, in systematic
pronunciations with broad interpretations of military penal privilege,
impedes the efforts of the Attorney General of Colombia to try for crimes
those who by action or omission perpetrate crimes of lese justice
protecting themselves through the very State they represent. Insisting in
failing to recognize, furthemore, the sentence of the Constitutional
Court(C-358 of August 5,1999) which in one of its sections establishes that:
"The totality of the actions or omissions of a member of the public
forces cannot as a consequence remain contained within the privilege for
military forces. For penal purposes it becomes imperious to distinguish
between what actions or omissions are imputed to the person as a member of
the military or police forces and which are based upon his own and singular
activity as a person or an ordinary citizen. The distinction is basic and
required if one wishes to preserve the specialty of military penal law,
which complements penal law, but in no way substitutes for it... that the
link between the criminal act and the activity related to service is broken
when the crime acquires an unusual seriousness, such as happens with the
so-called crimes of lese humanity. In these circumstances the case should
be assigned to the ordinary justice system, given the contradiction between
the crime and those committed constitutionally by the Public Forces"
(emphasis added)
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Ask why the Superior Council of the Judiciary and the Army do not
respect this jurisprudence of Colombia's highest constitutional tribunal,
and wgy the Magistrates who thought their decisions continue guaranteeing
a systematic impunity for the crimes against humanity which are continuing
to be perpetrated in the country are not themselves subjected to criminal
investigation and discipline.
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Demanding that the different Colombian authorities support the actions
of the ordinary justice system which tend to put an end to the policy of
impunity which has prevailed in the country.
- Colectivo de Abogados "José Alvear Restrepo"
- Centro de Investigación y Educación Popular (CINEP)
- Asociación para la Promoción Alternativa (Minga)
- Sembrar
- Comité de Solidaridad con los Presos Políticos
- Humanidad Vigente
- Corporación Jurídica
- Comisión Intercongregacional de Justicia y Paz
- Corporación Jurídica Libertad
- Instituto Latinoamericano de Servicios Alternativos –Ilsa
- Comité Permanente por la Defensa de los Derechos Humanos
- Comisión Colombiana de Juristas
- Familia Franciscana
The authorities and addresses to which these comments should be directed
are the following :
- Presidente de la República, Andrés Pastrana Arango.fax. 011 571 2824286.
- Sala Disciplinaria Consejo Superior de la Judicatura. Fax 011 571 6214040
- Corte Constitucional. 011 571 312 70 11 Bogotá
- Comisión de Derechos Humanos del Senado de la República. Fax: 011 571 2818893
- Ministro de la Defensa. Doctor Luis Fernando Acuña. 011 571 2221874 Bogotá
- Comandante del Ejército. Sr. Jorge Enrique Mora Rangel 011 571 3151570
Bogotá
- Procurador General de la Nación. Dr. Jaime Bernal Cuellar. 011 571 2840472
- Fiscal General de la Nación. Dr. Alfonso Gómez Méndez. 571 2882828 Bogotá
- Corte Suprema de Justicia.011 571 3348745 Bogotá
- Defensor del Pueblo. Dr. Fernando Castro Caicedo 011 571 3461225 Bogotá.