First, we urge you to accept the Senate human rights conditions. The Senate's human rights conditions reflect the stated commitment of President Pastrana to sever all links between the armed forces and paramilitary groups, and the 1997 ruling of Colombia's Constitutional Court requiring that armed forces personnel accused of human rights abuses be brought to justice in civilian courts. Unfortunately, the House version of the Colombia package does not address either of these issues clearly. The central clause of the House conditions, the certification required to Congress, refers to armed forces who commit gross human rights violations but omits mention of armed forces personnel who aid or abet paramilitary groups. In addition, the House conditions lack clarity on a vital justice issue, the need for military officers implicated in gross human rights abuses to be investigated and prosecuted by civilian authorities.
Military officers implicated in human rights crimes enjoy almost total impunity in Colombia today.
One reason for this impunity is that military personnel are usually tried in military courts which rarely produce a guilty verdict for such crimes, particularly those involving higher ranking officers. To solve this problem, in 1997, Colombia's Constitutional Court ruled that such cases must be tried in civilian courts. The Colombian armed forces have continued to resist this ruling and to challenge civilian jurisdiction. The establishment of a Judge Advocate General Corps may be positive, but as it is a military, not a civilian, justice system, it is not the appropriate forum for cases of gross human rights violations. These conditions are essential if US assistance is to contribute to the resolution, not the deepening, of Colombia's human rights crisis.