A brief word about the Colombian Legal Landscape

One of QEB’s tenants, Bridget Petherbridge, has observed trials, lectured and forged links with many in the Colombian justice system. She writes…..

Colombia is a country that poses intractable challenges to any criminal justice system.  “War” or “civil conflict” is, perhaps too simple a term for the ordeal suffered for the last 50 years by Colombians who live with the appalling violence which spirals from the entrenched and interwoven agendas of left wing guerrilla groups, ruthless and well-funded narco-traffickers and merciless paramilitary organisations.  The latter, set up in the late 60’s by the Colombian government to combat left wing armed groups, have developed into hugely powerful actors committing shocking crimes in the pursuit of land, power and drug profits, too often with the co-operation and assistance of the army and those in government. 

As a result of this ongoing conflict, the highest courts in Colombia have, in recent years, heard cases the facts of which are simply unheard of in our own judicial system.  In just the last year the courts have dealt with the “false positives” scandal, the trial of Jorge Noguera, the Palacio de Justicia case, the DAS “chuzadas” scandal, the peace and justice process and the “parapolitica” scandal (see below).   Each case is, in its own right, quite staggering in its facts and legal and political significance. 

It is, however, the cases that are not heard that are at the heart of the problem of peace and justice in Colombia.  The vast majority of crimes remain uninvestigated and untried. 27,300 people are, for example, currently registered as “presumed forcibly disappeared for political reasons” by the Attorney General’s office.  Of great concern is the government’s inability or unwillingness to protect those engaged in trying to uphold the rule of law or the rights of workers and local communities.  Only 3.1% of cases held by the Attorney General’s Human Rights Unit, set up to investigate the murders of human rights defenders, has resulted in conviction.  Of the 2,861 trade unionists assassinated since 1986, only 6% have resulted in the conviction of a perpetrator.  29 human rights defenders (lawyers, priests, trade unionists and community leaders) have been killed in 2011 alone.

In the midst of such momentous events, the Colombian criminal justice system is in the process of fundamental transition from a, largely written, inquisitorial system to an oral, adversarial system more akin to our own.  The challenges posed by that transition are thought, by many involved, to be leading to increased paralysis of the process of justice.

The transition, last August, from the 8 year administration of Alvaro Uribe to that of Juan Manuel Santos (Uribe’s former defence minister) has promised much in the way of increased respect for human rights and the rule of law.  Certainly open attacks upon the judiciary and the Supreme Court and the characterization by the President of human rights defenders as terrorists appears to have abated.  Whether impunity will be addressed in any real sense remains to be seen.  

Leading Cases 

The “False Positives”

The “Falsos positivos” scandal, which broke at the end of 2008, revealed the widespread practice of elements of the Colombian army of kidnapping and murdering poor and often under age civilians who were then passed off as insurgents in order to claim the bounty of 3,800,000 pesos offered by the government for the head of a guerilla.    Some of these cases have finally seen convictions this summer, the extent of the crimes under investigation extend to some 2,000 victims and 500 suspects.  At least one judge involved in the case has been shot dead.

Jorge Noguera Cotes

September of this year also saw the conviction and sentence to 25 years in prison of Jorge Noguera Cotes, the former head of DAS (Department of Administrative Security), the intelligence arm of the Colombian government.  He was tried and convicted of effectively operating as an inside man for the paramilitaries, providing information to them which facilitated the murder and disappearance of at least one academic and several trade unionists.  Noguera was also convicted of interfering with public documentation – he simply and helpfully deleted the files of those narcotraffickers and paramilitaries who preferred not to face trial or extradition.  The fact that Noguera was the presidential campaign manager for the previous President, Alvaro Uribe, and was then appointed by him to his role as director of the DAS, shows just how close the criminal justice system is to the heart of a very dangerous political landscape.

DAS “chuzada” Scandal

The wider scandal of the DAS “chuzadas” further demonstrates the pressures under which the criminal justice system and its actors work in Colombia.  This summer has seen further convictions of senior members of DAS who participated in illegal surveillance and phone tapping of opposition leaders, journalists and human rights defenders, all considered a threat to the state.  Also subject to the attentions of DAS interceptions were the judges of the Supreme Court themselves reputedly bugged by the lady delivering coffee to the tribunal amongst others.

Palacio de Justicia Case

Chilling footage exists of the attack in 1985 on the Palacio de Justicia in Bogota in which 35 guerillas seized control of the building housing the Supreme Court and took hostage those judges present. In that attack and the 27 hour battle with the army that followed, more than 100 people died including many senior judges.  August 2010 saw the conviction, not of the guerillas (all of whom died in the counter-attack), but of the Colonel who led the assault after video footage emerged in 2006 which showed that 11 of the “victims” had in fact been led alive from the building by the army.   Colonel Alfonso Plazas Vega was sentenced to 30 years in prison for his role in their disappearance.  The Judge in his trial, Maria Stella Jara, was finally forced into exile at its conclusion following multiple death threats to her and her son.  Plazas Vega’s sentence is currently under appeal and he was described by the head of the army as recently as September of this year as “a national hero”. Shortly afterwards, on 6^th October 2001, proceedings were opened against the Colonel in charge of intelligence of the relevant Brigade as well as 3 other military personnel for their role in the murder of the missing 11.  

 “Parapolitica” Scandal

The politicians who cooperated with the paramilitary organizations are also finally facing justice having fallen victim to the “parapolitica” scandal which broke in 2006 and, as a result of which, more than 20 senators, governors and congressman, including ex-president Uribe’s cousin, are serving prison terms for their role in accepting the support of and cooperating with paramilitaries.  Stories emerging from La Picota, the principal jail of Bogota in which these high profile prisoners reside,  of changing international cuisine, strippers, parties and the noticeable suntans of some of those in the dock do little to dispel the notion that prison sentences have done little to break the power of these elites, however.  Currently those held in Bogota are seeking transfer to their prisons in their own regions, a move that might perhaps do little to worsen their living conditions or discourage their involvement in the regional politics from which their crimes sprang.

 The screening will take place on

Wednesday 2nd November at

QEB Hollis Whiteman, 1-2 Laurence Pountney Hill

Welcome drinks 6pm

Screening 6.30-8pm

Q&A with Jorge Molano 8-8.30pm

 

 Please note that places are limited

 

Please RSVP to barristers@qebhw.co.uk by Friday 28th October