2023-11-11 01:40:46
Former Colombian president Álvaro Uribe was denounced before the Argentine justice system for his alleged responsibility in more than 6,000 executions and forced disappearances of civilians committed between 2002 and 2008, that is, under his government, in a case known as “false positives.” The presentation of the complaint is possible because Argentina recognizes the principle of universal jurisdiction, which establishes the judicial jurisdiction of States in cases against humanity regardless of the scene of the crimes or the nationality of the accused.
“Let the horrible night in Colombia end”
“The victims thank the Argentine judges for taking the case and we trust that Álvaro Uribe Vélez will be sentenced for these crimes against humanity so that the horrible night in Colombia ends,” Bertina Badillo Erazo, part of the Tejiendo Memorias collective, told Página/12 from the department of Antioquia. The complaint, which was handled by Federal Court 2 of Sebastián Ramos, was presented by 3 non-governmental organizations and 11 relatives of victims, including Bertina, Didier Eduardo Durant Badillo’s aunt.
For the complainants, this investigation “would open the door to this being the first time that a Colombian president is investigated for his alleged responsibility in international crimes.” This puts him at the level of dictators who were held accountable thanks to the activation of the principle of universal jurisdiction, such as Augusto Pinochet in Chile, Efraín Ríos Montt in Guatemala and Hissène Habré of Chad. Universal jurisdiction empowers States to investigate, prosecute and punish perpetrators of genocide, crimes against humanity, war crimes, torture and forced disappearances wherever they have been committed and regardless of the nationality of the suspects or victims.
6,402 extrajudicial executions
“We propose that former President Uribe has not been investigated to date. The judicial institutions that have been created within the framework of the peace agreement to investigate the serious crimes that occurred in the armed conflict and during political violence lack powers and have limitations to investigate those who held the position of presidency,” Sebastián Escobar, a lawyer from the José Alvear Restrepo Lawyers Collective, explained to this newspaper. The other argument for denouncing Uribe has to do with the former president’s responsibility in the face of these extrajudicial executions known in Colombia as false positives.
The false positives are the most serious scandal faced by the Colombian military forces in more than half a century of armed conflict. The victims were taken under deception and false promises of work to other areas of the country where they were murdered and dressed in guerrilla clothing to present them as combat casualties and obtain promotions and days of rest in exchange.
“This was because the indicator of success of the democratic security policy of then President Uribe was combat casualties and that is why all these pressures were exerted,” Escobar recalled. In February 2021, the Special Jurisdiction for Peace (JEP) raised the number of victims of false positives throughout Colombia between 2002 and 2008 to 6,402.” In their confessions to the JEP, which does not have the power to call presidents or former presidents, some soldiers stated that they were pressured by their superiors and even pointed out General Mario Montoya, head of the Army between 2006 and 2008 and very close to Uribe.
“Between 2002 and 2008 we were able to establish with evidence that the former president was aware that this practice was being committed by the National Army since at least 2003. And despite the fact that he was aware of these complaints, which were also replicated during In 2004, during 2005, during 2006 and throughout the entire time in which this practice was carried out, the former president not only did not adopt decisions within the public force that would contribute to stopping this practice, but everything contrary,” Escobar said.
The lawyer for the Latin American Autonomous University of Medellín states that Uribe “continued to exert pressure on his subordinates even though he knew that these events were being committed.” The reported crimes were committed in 31 of the 32 departments of the country, by all divisions of the Army, with the same modus operandi. The plaintiffs seek in Argentina the justice that they did not obtain in Colombia.
Uribe defends himself
Bertina Badillo warns that the Colombian prosecutors “never ever” gave her guarantees in the investigations into these crimes. “And Uribe has always excused himself by telling the media that these complaints against him are political attacks by the opposition. He does not accept the testimonies of the victim families, survivors and the universe of evidence provided by the soldiers who participated in the extrajudicial executions,” lamented the member of Tejiendo Memorias.
Agreeing with Bertina, the former president came out to delegitimize the complaint filed in Argentina saying that Cajar, one of the complaining organizations, is “the same one of infamies against me for 30 years” and that “it shelters itself in human rights to protect the violence of supposedly left-wing terrorists”. Escobar chooses not to comment on this “unfounded accusation” and chooses to focus on another tweet from Uribe in which he says he is willing to respond to the Argentine authorities: “It seems very pertinent to me that they can summon him to testify as soon as possible.”
“Never again” in Colombia
The complaint filed in the Sebastián Ramos court bears the signatures of Bertina Badillo Erazo; María Camila Mendoza, sister of Pablo Mendoza; Laura Vanessa Piña, daughter of Álvaro Adolfo Piña; Wilmer Andrey Pérez Betancourt, son of Beyer Eduardo Pérez. The three complaining organizations are the Committee of Solidarity with Political Prisoners (CSPP), the Corporación Jurídica Libertad (CJL) and Cajar.
The Center for Legal and Social Studies (CELS), the Provincial Commission for Memory of the province of Buenos Aires and the Permanent Association for Human Rights (APDH), among others, joined as adherents. After meeting with relatives of the victims and complaining human rights organizations, Buenos Aires federal judge Sebastián Ramos asked for time to analyze the complaint and decide whether to open a criminal investigation.
In a statement, the victims say they hope that the Argentine justice system “will investigate with full guarantees the alleged highest person responsible during the period 2002-2008 for the so-called false positives” and explain: “We are not fighting only for ourselves but for the 6,402 victims of false positives.” positive, also for future generations. Never again should a Colombian be subjected to what our loved ones and we have experienced. It is our wish that these very serious events that occurred in Colombia will never be repeated.”
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