RIGHTS-COLOMBIA:
Paramilitaries Extend
Their Tentacles
Constanza Vieira
BOGOTA, (IPS) - Local secretariats of
finance, roads and health -- ”that's where the money is, that's where
the show is run,” a member of a paramilitary militia in Colombia can be
heard saying in the taped telephone conversation.
The wiretapped conversation took place a few days after the October 2003
local and regional elections, and the two men were lamenting that the
candidate for mayor backed by the paramilitaries in a town in the
department (province) of Norte de Santander, on the border with
Venezuela, was not elected.
The solution, they agreed, was to force the mayor-elect to name front
men for the paramilitaries to the local government secretariats of
finance, health, etc.
The recording was recently played to parliament by lawmaker Gustavo
Petro, the head of the leftist Polo Democrático. It formed part of 80
hours of bugged phone conversations taped by the Central Directorate of
the Judicial Police.
The tapes, for example, reveal meetings
between paramilitaries and two senators. And another of the
paramilitaries says he belongs to military intelligence. Yet another
says he is a victim of persecution, but that he has taken refuge in
the DAS (presidential intelligence service), and quips ”They won't
look for me here, ha ha.”
”This is how 'paramilitarism' is expanding throughout the country,
and not only in Norte de Santander, taking over state institutions,
the police, DAS, military forces, and municipal and regional
governments,” said Petro.
The paramilitaries are ”forging ties with the Colombian political
class even here, in this Congress, while they kill people along the
length and breadth of the country,” he maintained.
”What is being built in Colombian territory are death clubs that
kill opponents, and that are even about to start killing” people who
support the government of right-wing President Alvaro Uribe, said
the legislator.
Speaking for the opposition lawmakers, he urged the Supreme Court
”to open legal investigations of members of Congress allegedly
linked to paramilitary groups.”
But the impunity enjoyed by the paramilitary militias was discussed
in a late September seminar in Bogota organised by the Paris-based
International Federation of Human Rights (FIDH) and its local
affiliates -- the José Alvear Restrepo Lawyers Collective, the
Permanent Committee for Human Rights, and the Latin American
Institute of Alternative Legal Services (ILSA).
To illustrate, Carlos Alberto Rojas, one of the heads of the
National Association of Judicial Employees, said that not long ago,
a judge in a remote region of this civil war-torn South American
country had scheduled a public hearing in a case that involved the
mass killing of 23 people, ”presumably by the paramilitaries.”
He said the 250 case files did not even fit in one room, and that
the judge had to pay 46 dollars out of his own pocket to transport
them to court.
But although there were nine witnesses for the prosecution, only the
prosecutor and judge attended the hearing in the end. According to a
rumour circulating in the region, a ”reward” was paid for each
witness who did not testify.
”No witness showed up, as could have been expected. These are the
true possibilities of administering justice in this country,” said
Rojas.
Journalist Luis Castaño, the director of the community radio station
in El Líbano, a town in the central department of Tolima, fled to
Bogota a few weeks ago.
”Get out of here quickly, because those two guys over there came to
kill you,” the local head of the public prosecutor's office's
investigative team told Castaño one night, and he decided to leave
town.
The radio station, which in the past few months reported on 19
murders committed in El Líbano, ”can no longer report the news,”
said Tolima lawmaker Hugo Zárrate during the recent debate in
Congress on the growing strength of the paramilitary militias.
Zárrate said the Centauros Bloc of the United Self-Defence Forces of
Colombia (AUC), the paramilitary umbrella, actually ”purchased the
'franchise' for a section of the paramilitaries in Tolima for four
billion pesos (1.54 million dollars).”
”You might wonder: who would pay four billion pesos for 200 bandits
and murderers? Well, there are two reasons to do so: the first,
because (those who purchased the franchise) are drug traffickers who
want to blend into a process of supposed political negotiations in
Santa Fe de Ralito,” said the legislator.
He was referring to talks between AUC leaders and the Uribe
administration in northern Colombia. In the negotiations, which
began in May, AUC is offering to disband in exchange for an
amnesty-like agreement.
The paramilitary commanders are currently staying in a 368-sq-km
area in Santa Fe de Ralito, whose perimeter is guarded by the army.
The second reason, said Zárrate, is that ”it's a good business
deal.” Since AUC declared a ceasefire in December 2002 to engage in
talks with the government, the paramilitaries have ”only killed 56
people” in Tolima, he said. ”They have already seized control of the
territory through intimidation. Now they are into blackmail.”
In each of the 36 municipalities in Tolima, the paramilitaries have
lists of ”1,000 or 2,000 citizens” who they extort, said the
parliamentarian.
Rice growers in the department ”have to pay a very high tax by
weight to the paramilitaries,” he said.
And for each of the 700,000 head of cattle in Tolima, stockbreeders
pay 3.80 dollars in taxes to the paramilitaries, who take in around
3.28 million dollars a year in Tolima from stockbreeders and rice
producers alone, said Zárrate.
Although the security forces have a strong presence in Tolima
(unlike in portions of the country dominated by the guerrillas), the
paramilitaries control urban areas in the department, and from that
base they extort ”casual labourers, butchers, supermarkets,
landowners, transport drivers, etc.,” he said.
This kind of ”paramilitary activity has increased and been
strengthened since the second half of 2002,” said Zárrate.
According to recurrent rumours, well-known drug barons are buying
local paramilitary groups in order to pass themselves off as
paramilitary leaders, who will be protected from legal action under
an agreement similar to an amnesty when the groups demobilise.
The head of the Centauros Bloc, Miguel Arroyave, one of the 30
paramilitary commanders negotiating with the government, was
murdered by fellow paramilitaries on Sep. 19. The police say he was
the head of the network that traffics the chemical products and
inputs used to produce cocaine from coca leaves.
The Bogota daily El Tiempo reported that government documents show
that Arroyave had bought the Centauros Bloc ”franchise” from AUC for
six million dollars, which gave him the right to join the group of
negotiators.
”Several mayors in Tolima were summoned to a town on the Magdalena
River (in central Colombia) to tell them they had to take part in
the political blueprint proposed by the negotiators in Sante Fe de
Ralito, said Zárrate.
There is total impunity in Tolima, he added. ”Investigations do not
even get as far as a legal accusation, much less a conviction and
sentence.”
The prosecutors handling the investigations live in the
municipalities where the crimes have been committed. ”Given the
intimidation from these people (the paramilitaries), how can the
prosecutors possibly go after the perpetrators...who they know,
anyway, just as the army and the police know them,” he said.
In last month's seminar in the capital, the FIDH and its affiliates
complained that in the negotiations with the paramilitaries, the
Colombian government had guaranteed them immunity from the
International Criminal Court (ICC).
”The work of the ICC cannot depend on the results of a peace process
in any country or region of the world,” said the human rights
groups.
They also noted that there is no exception in the Rome Statute
(which gave rise to the ICC) letting people off for ”crimes against
humanity,” to which ”no statute of limitations applies.”
The seminar was attended by three representatives of the ICC, which
is based in The Hague: Paul Seils, Didier Preira and Gabriela
González Rivas.
In the transcript of yet another tape recorded conversation,
published by the magazine Semana, Colombia's High Commissioner for
Peace Luis Carlos Restrepo can be heard promising the paramilitary
chiefs in the secret negotiations in Santa Fe de Ralito that the ICC
”is not a danger. The government has introduced a draft law that
will block the action” of that global judicial body, he tells them.
As a signatory to the Rome Statute, Colombia falls within the
jurisdiction of the ICC, which was created to try cases involving
crimes against humanity, war crimes and genocide, when national
courts cannot or will not do so.
In September 2003, the Uribe administration signed a bilateral
accord with Washington that exempts U.S. citizens in Colombia from
ICC prosecution, after the U.S. government suspended five million
dollars in military aid to pressure Bogota to sign.
In November, the AUC proposed in the negotiations with the
government ”a similar accord” that would guarantee their members
immunity from the ICC.
The United Nations and human rights groups like Amnesty
International and Human Rights Watch hold the paramilitaries
responsible for the great majority of the atrocities committed in
Colombia's armed conflict.
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