Achieving Accountability: Demanding Justice for Army Killings in Colombia

Ensuring Justice for Army Killings in Colombia

Investigations in the Civilian Justice System

Human Rights Watch has submitted an amicus brief to Colombia‘s Constitutional Court, urging the country’s authorities to ensure independent and impartial investigations into the killing of civilians by soldiers during a military operation in March 2022. The case revolves around a military operation conducted in the town of Alto Remanso, which resulted in the deaths of 11 individuals. While the government claimed that the operation targeted an armed group known as Comandos de la Frontera and that all the deceased were criminals, journalists and human rights organizations, including Human Rights Watch, found evidence that soldiers killed several civilians and appeared to have violated international law.

The Role of the Constitutional Court

The Constitutional Court is now deliberating on whether the investigation should be conducted by the military justice system or the civilian justice system. Human Rights Watch emphasizes that the investigation should be carried out in the civilian justice system to ensure impartiality and fairness. It is crucial that these investigations lead to justice for the victims and their families in Alto Remanso.

Cover-Up Attempts and Impediments to Justice

Following the killings, there were measures taken by army officers that seemed to be aimed at covering up the operation and limiting accountability. For instance, there were delays in notifying investigators from the Technical Investigation Unit (CTI), which resulted in the bodies and other evidence not being properly protected for approximately eight hours. During this time, the bodies were moved and consequently tampered with, leading to challenges in conducting necropsies.

Furthermore, inconsistent and false information was provided by authorities during media interviews and meetings with Human Rights Watch. This raises suspicions about attempts to derail the investigation into these army killings. The Attorney General’s Office should thoroughly investigate these matters and hold any officials accountable if they are found to have obstructed justice.

Applying International Humanitarian and Human Rights Law

The Colombian government has maintained that the operation was consistent with international humanitarian law, which only applies in armed conflicts. However, Human Rights Watch raises serious doubts about whether Comandos de la Frontera can be considered a party to an armed conflict with the government. Therefore, the use of force in this operation should have been governed by international human rights law, particularly the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. These principles allow officers to use intentional lethal force only when strictly necessary and unavoidable to protect someone’s life.

To prevent similar abuses in the future, it is imperative for the Colombian government to conduct an urgent assessment to determine whether particular armed groups are parties to an armed conflict with the Colombian military. This assessment should guide the appropriate use of offensive military operations under international humanitarian law. Additionally, effective measures should be adopted to protect the population from all armed groups, ensuring their safety and security.

Editorial: Upholding Accountability and Protecting Human Rights

The case of the army killings in Colombia highlights the importance of upholding accountability and protecting human rights. It is essential that the investigations into these killings are conducted independently and impartially, away from the influence of the military justice system. The civilian justice system provides a better chance for justice to be served, ensuring that those responsible for the killings are held accountable and that the rights of the victims and their families are respected.

The alleged cover-up attempts and obstacles encountered during the investigation underscore the need for transparency and accountability in such cases. The authorities must take these allegations seriously and thoroughly investigate any attempts to obstruct justice. It is only by doing so that trust in the institutions can be restored and the rule of law upheld.

Moreover, the application of international humanitarian and human rights law is of utmost importance. The distinction between armed conflicts and situations of internal violence is crucial in determining the appropriate use of force by security forces. The Colombian government must carefully assess the nature of armed groups to ensure that operations are conducted in accordance with international human rights norms.

Finally, the protection of the population from all armed groups is a fundamental obligation of the state. Efforts should be made to address the root causes of armed conflicts, including the illegal economies that fuel these groups. By addressing these underlying issues, the government can create a safer environment for its citizens and prevent future abuses.

Advice: Steps Towards Justice and Accountability

To ensure justice and accountability for the army killings in Colombia, the following steps should be taken:

1. Transfer the case to the civilian justice system:

The investigation into the killings should be conducted in the civilian justice system, independent of any influence from the military. This will help maintain impartiality and give victims and their families confidence in the judicial process.

2. Thoroughly investigate cover-up attempts:

The allegations of cover-up attempts and obstruction of justice must be thoroughly investigated by the Attorney General’s Office. Any officials found to be involved in such actions should be held accountable before the law.

3. Conduct an urgent assessment of armed groups:

The Colombian government should conduct an assessment to determine whether particular armed groups are parties to an armed conflict with the military. This assessment should guide the appropriate use of force and ensure compliance with international humanitarian and human rights law.

4. Strengthen protection measures:

Efforts should be made to enhance measures aimed at protecting the population from all armed groups. This includes addressing the root causes of armed conflicts, such as illegal economies, and adopting strategies to prevent the recruitment of children and the displacement of communities.

5. Foster transparency and accountability:

The Colombian government should prioritize transparency and accountability in investigations involving security forces. Openly sharing information with the public, addressing inconsistencies, and actively engaging with human rights organizations and media outlets can build trust and strengthen the rule of law.

By implementing these recommendations, Colombia can take significant steps towards justice, accountability, and the protection of human rights. It is crucial for the government to demonstrate its commitment to upholding the principles of justice and ensuring the well-being of its citizens. Only through these efforts can the wounds caused by the army killings be healed and prevent similar abuses from happening in the future.

Justice–wordpress,accountability,justice,armykillings,Colombia