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 SPECIAL REPORTS: COLOMBIA
Thursday 18 September 2003

 

Group Outraged at Colombia Plan to Amnesty Paramilitaries

Jim Lobe



WASHINGTON,  (IPS) - A Colombian proposal to amnesty leaders of right-wing paramilitary groups responsible for some of the worst massacres of the country's decades-long civil war has been strongly assailed by a major U.S. human-rights researcher.

In a release issued by Human Rights Watch (HRW), Robin Kirk, the author of 'More Terrible Than Death: Massacres, Drugs and America's War in Colombia', called on the administration of U.S. President George W. Bush to cut off aid to the South American country if the proposal is adopted.

Washington currently provides Bogotá more than 700 million dollars a year in mostly military aid, more than it gives any other country except Israel and Egypt.

”Washington's response should be unequivocal,” Kirk said Monday. ”If Colombia is serious about human rights and wants to continue receiving millions in aid, it cannot allow known criminals to escape justice by, in effect, writing a cheque,” added the researcher, who has monitored abuses in the country for both HRW and Amnesty International.

The Bush administration, Uribe's biggest foreign booster, has not commented publicly on the proposal, but the 'New York Times' reported Monday that it had provided advice to Bogotá on drafting legislation that would implement the scheme's main components, which it sees as a way of reducing violence and a step toward ending South America's oldest civil war.

In exchange for amnesty, the paramilitaries would have to disband and pay fines or make other acts of contrition.

Colombian human rights activists, as well as the United Nations special envoy for human rights in the country, Michael Fruhling, have opposed the initiative. ”The bill opens the door to impunity because it throws out jail time and allows those responsible not to serve a single day in prison,” Fruhling said.

Tensions between human rights activists and Uribe are currently high after the president twice last week accused local rights groups of defending terrorism.

The war, which dates back to the 1960s, has pitted two major left-wing guerrilla groups against the government and the army. To complicate matters, Colombia's drug traffickers have also entered the fray from time to time and helped finance the right-wing paramilitaries, who have also enjoyed the support of individual military commanders, according to independent experts and human rights groups.

In addition to receiving backing from the traffickers, the paramilitaries, who unified as the Self-Defence Forces (AUC) in the mid-1990s, also moved into the drug trade themselves. Indeed, Carlos Castano, a top AUC leader, has admitted publicly that much of their financing in recent years has come from trafficking.

Colombian intelligence sources estimate that paramilitaries control about 40 percent of the country's cocaine exports, and Castano, as well as two other paramilitary leaders, has been indicted for importing cocaine into the United States.

Washington has charged that the two guerrilla groups are also dependent on cocaine cultivation and trafficking.

The State Department also considers both the AUC and the two leftist insurgencies terrorist groups, although the paramilitaries are notorious for mass killings of rural villagers suspected of links to the guerrillas.

The AUC has also been accused of thousands of assassinations, particularly of union and peasant organisers, but also of judges, prosecutors, and even two presidential candidates.

Many of the killings have been shockingly brutal. Kirk cited one case where the paramilitaries, with the apparent cooperation of army units stationed nearby, carried out a massacre in the central village of Mapiripan in 1997.

At dawn, they rounded up residents and took them to a slaughterhouse, where they bound and tortured the captives and slit their throats. The first person killed was hung from a meat hook; at least two others were decapitated. More than 30 others were slaughtered. Castano himself claimed responsibility and promised ”many more Mapiripans” in the future.

Castano himself has been sentenced by Colombia judges to 102 years in prison, but, despite frequent statements to the press and circumstantial evidence of close ties with some military commanders, he has never been arrested.

Since last year's election of Uribe, whose governorship of a northern province drew widespread charges of condoning paramilitary activities there, Castano and other paramilitary leaders have insisted they are willing to lay down their arms and enter into peace talks with the government.

It appears that the proposals put forward by Uribe are an effort to strike a deal, the basic elements of which include an amnesty for past crimes on condition that paramilitary leaders admit their crimes and make symbolic acts of contrition, such as community service, compensating the victims, or paying fines.

”Rather than serving time in a prison, there are alternative sentences,” according to the government's peace commissioner, Luis Carlos Restrepo, ”and the individuals will be allowed to pay reparations”.

They would also lose their right to bear arms and to hold or run for public office.

The proposal could also be made to apply to guerrilla leaders, according to the government. But the two insurgencies have rejected Uribe's peace offers.

”This shows what we have always affirmed, that Uribe's commitment has always been with the paramilitaries,” Wilson Borja, a leftist congressman who was seriously wounded in an assassination attempt, apparently by paramilitaries, told the 'New York Times'.

Aside from granting immunity to perpetrators of atrocities, observers have also expressed concern that drug traffickers will associate themselves directly with the paramilitaries in order to qualify for amnesty.

Kirk calls the plan ”chequebook impunity” and says it evokes ”disturbing memories”, as when Colombia's most brutal drug traffickers, including Pablo Escobar, offered to turn over their billion-dollar assets to the state in 1984 in exchange for immunity from prosecution and extradition to the United States. The deal fell through after a public outcry.

She said the Castano family entered a similar arrangement in 1992, agreeing to fund a family-run ”charity” with millions of dollars in land and cash for former guerrillas to set up small businesses, schools and training programs. It was a time when Castano's elder brother Fidel was tied to the Medellin Cartel.

”As a strategy for peace, the arrangement was an utter failure,” Kirk said. Only two years after their surrender, many of the guerrillas turned up as Castano's paramilitaries, and in 2001, prosecutors charged the family ”charity” with financing paramilitaries.

”Impunity does not promote peace,” Kirk said. ”It erodes the rule of law and encourages further violence. In Colombia, the history is stark.”

Writing for the New Mexico-based Inter-Hemispheric Resource Centre, policy analyst Virginia Bouvier also called for Washington to oppose any scheme that would confer immunity on the paramilitaries.

Some 97 percent of crimes in Colombia, she wrote recently, go unpunished. Future peace, according to Bouvier, depends on a system of accountability.


 

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