January 28, 2009

Breaking the Grip?

Obstacles to Justice for Paramilitary Mafias in Colombia

 

Map of Colombia
Glossary
I. Summary and Recommendations
II. Background: Paramilitaries, Impunity, and the Justice and Peace Law..
III. Changes to the Justice and Peace Law..
Constitutional Court Ruling..
Executive Decrees
IV. Confessions under the Justice and Peace Law..
Problems in the Taking of Confessions
Flawed Lists of Applicants
Insufficient Resources
Most Applicants Have Withdrawn from the Process
Types of Abuses Confessed..
Paramilitaries’ Statements about Accomplices
Statements Implicating Members of the Security Forces
Statements Implicating Politicians
Statements Implicating Businesses and Economic Backers
Unanswered Questions
The La Rochela Massacre..
The Mapiripán Massacre..
The El Aro Massacre..
The El Salado Massacre..
The Chengue Massacre..
Extraditions of Paramilitary Leaders
The Government’s Failure to Ensure Paramilitaries Fulfill their Commitments
The Impact of Extraditions on Truth and Accountability in Colombia..
What the US Department of Justice Could Do..
V. The Parapolitics Investigations
Background on Supreme Court Investigations
The Role of the Attorney General’s Office..
Status of Prominent Cases
Initial Progress in Cases Related to Jorge 40’s Computer
Delays and Cases of Concern in the Attorney General’s Office.. 100
Uribe Administration Response.. 110
Proposal to let the “Parapoliticians” Out of Prison.. 111
Attacks on the Supreme Court112
Failure to Adequately Reform Congress122
Judicial Reform Proposal124
VI. International Legal Standards127
Victims’ Rights to Truth, Justice, and Non-Repetition of Abuses127
The Right to Justice.. 127
The Right to Truth.. 130
Potential for Involvement of the International Criminal Court131
Acknowledgments136