Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
2025 gvnet.com/torture/Colombia.htm
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CAUTION: The following links
have been culled from the web to illuminate the situation in Colombia. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on this
page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might
be interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper
resources that are available on-line. ***
FEATURED *** Torture
goes on for families of Colombia’s disappeared Agence France-Presse AFP, Bogota, Gulf News, 16 June 2018 gulfnews.com/news/americas/torture-goes-on-for-families-of-colombia-s-disappeared-1.2237568 [accessed 17 June
2018] Colombia’s decades
of conflict have caused more “disappeared” than South America’s military
dictatorships put together, and the anguish still goes on, as the “living
dead” leave hundreds of thousands of survivors in the grip of mental anguish,
psychologists say. Almost 11 years ago,
her daughter — three months pregnant — and her husband went to spend a
weekend in a tourist village near Cali. They never came back. All trace of Mary Johana Cassallas, 21, and Jose Duque, 25, were lost in the
violence of a more than five-decade war. They have become another statistic
among 83,000 Colombians, according to the Latin American country’s National
Center for Historical Memory. ***
ARCHIVES *** 2020 Country
Reports on Human Rights Practices: Colombia U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/colombia/
[accessed 7 July
2021] TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT Although the law
prohibits such practices, there were reports government officials employed
them. CINEP reported that through August, security forces were allegedly involved
in six cases of torture, including nine victims. Members of the military and
police accused of torture generally were tried in civilian rather than
military courts. PRISON AND DETENTION
CENTER CONDITIONS With the exception
of some new facilities, prisons and detention centers were harsh and life
threatening due to overcrowding, inadequate sanitary conditions, poor health
care, and lack of other basic services. Poor training of officials remained a
problem throughout the prison system. Freedom House
Country Report 2020 Edition freedomhouse.org/country/colombia/freedom-world/2020 [accessed 14 May
2020] F3. IS THERE PROTECTION FROM THE ILLEGITIMATE
USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES? The systematic
killing of civilians to fraudulently inflate guerrilla death tolls resulted
in as many as 3,000 murders by the military between 2002 and 2008. Such
killings plummeted after the scandal was exposed, but in May 2019 the New
York Times reported that the military was again emphasizing body counts,
with a corresponding rise in extrajudicial executions. The military was
buffeted by several additional scandals, including corruption allegations
that led to the firings of five high-ranking generals and the revelation that
an August bombing of a FARC encampment had killed eight minors. The
accumulated controversies resulted in the forced resignation of defense
minister Guillermo Botero in November and army
chief Nicacio Martínez in
December. Attackers
torture Colombian activist, 2 sons to death Middle East North
Africa Financial Network MENAFN, 8 October 2018 menafn.com/1097541323/Attackers-torture-Colombian-activist-2-sons-to-death [accessed 9 October
2018] The deaths have
been discovered after a group of unidentified attackers accessed their house
in the town of Bolivar, tortured and murdered Jaime Rivera, aged 52, before
slaying his two sons, Jaime Reinel, aged 20, and Jeison Mauricio Rivera, aged 23 at about 5 am that
morning. Both Rivera and his
son Jaime were identified as key figures in their community who, on many
events, headed demonstrations rejecting state-executed eradication missions
aiming at coca crops. Human
Rights Watch World Report 2015 - Events of 2014 Human Rights Watch,
29 January 2015 www.hrw.org/world-report/2015/...
or www.hrw.org/sites/default/files/wr2015_web.pdf [accessed 18 March
2015] COLOMBIA ABUSES BY PUBLIC
SECURITY FORCES
- During the Uribe administration, Colombian military personnel executed large
numbers of civilians, particularly between 2002 and 2008. In many
cases—commonly referred to as “false positives”—soldiers and officers under
pressure from superiors to boost body counts killed civilians and reported
them as enemy combat casualites. There has been a
dramatic reduction in cases of alleged unlawful killings attributed to
security forces since 2009; nevertheless, there were credible reports of some
new cases in 2013 and 2014. The government does
not keep statistics for “false positives” as a category of crime distinct
from other types of unlawful killings. However, as of July 2014, the Human
Rights Unit of the Attorney General’s Office was investigating more than
3,500 unlawful killings allegedly committed by state agents between 2002 and
2008, and had obtained convictions for 402 of them. The vast majority of the
785 army members convicted are low-ranking soldiers and non-commissioned
officers. Some military personnel
convicted of the crimes have enjoyed extravagant privileges in military
detention centers. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment -- Doc. CAT/C/CR/31/1
(2004) www1.umn.edu/humanrts/cat/observations/colombia2004.html [accessed 25
February 2013] D. Subjects of
concern 7. The Committee
reiterates its concern at the numerous acts of torture and ill-treatment
reported widely and systematically committed by the State security forces and
organs in the State party both during and outside armed operations. It also
expresses its concern at the high number of forced disappearances and
arbitrary executions. 8. The Committee
expresses its concern that measures adopted or being adopted by the State
party against terrorism and illegal armed groups could encourage the practice
of torture. In this regard the Committee expresses its concern, in particular,
at: (a) The recruitment
of part-time "peasant soldiers", who continue to live in their
communities but participate in armed action against guerrillas, so that they
and their communities may be the target of action by the illegal armed
groups, including acts of torture and ill-treatment; (b) Constitutional
reform bill No. 223/2003, which, if adopted, would seem to confer judicial
powers on the armed forces and enable persons to be detained and questioned
for up to 36 hours without being brought before a judge. 9. The Committee
also expresses its concern at: (a) The climate of
impunity that surrounds human rights violations by State security forces and
organs and, in particular, the absence of prompt, impartial and thorough
investigation of the numerous acts of torture or other cruel, inhuman or
degrading treatment or punishment and the absence of redress and adequate
compensation for the victims; (b) The allegations
of tolerance, support or acquiescence by the State party's agents concerning
the activities of the paramilitary groups known as "self-defence
groups", which are responsible for a great deal of torture or
ill-treatment; (c) The judicial
reform bill, should it be approved, would reportedly provide for
constitutional limitation of amparo proceedings and
reduce the powers of the Constitutional Court, particularly with respect to
the review of declarations of states of emergency. Similarly, the Committee
expresses its concern at the "alternative penalties" bill, which,
if approved, would, even if they had committed torture or other serious
breaches of international humanitarian law, grant conditional suspension of
their sentences to members of armed groups who voluntarily laid down their
arms; (d) The allegations
and information indicating: (i)
That some prosecutors in the Human Rights Unit of the Public Prosecutor's
Office have been forced to resign and that members of the Unit have been
threatened in connection with their investigation of cases of human rights
violations; (ii) Inadequate
protection against rape and other forms of sexual violence, which are
allegedly frequently used as forms of torture or ill-treatment. The Committee
further expresses its concern at the fact that the new Military Penal Code
does not expressly exclude sexual offences from the jurisdiction of the
military courts; (iii) The fact that
the military courts are allegedly still, despite the promulgation of the new
Military Penal Code and the Constitutional Court's decision of 1997 that
crimes against humanity did not fall within the jurisdiction of the military
courts, investigating offences that are totally excluded from their
competence, such as torture, genocide and forced disappearance in which
members of the police or armed forces are suspected of having been involved; (iv) The widespread,
serious attacks on human rights defenders, who are playing an essential role
in reporting torture and ill-treatment; in addition, the repeated attacks on
members of the judiciary, threatening their independence and physical
integrity; (e) The numerous
forced internal displacements of population groups as a result of the armed
conflict and insecurity in the areas in which they live, taking into account
the continuing absence in those areas of State structures that observe and
ensure compliance with the law; (f) The
overcrowding and poor conditions in penal establishments, which could be
considered inhuman or degrading treatment; (g) The absence of
information on the application of article 11 of the Convention as regards the
State party's arrangements for the custody and treatment of persons subjected
to arrest, detention or imprisonment, and the reports received by the
Committee to the effect that the State party is failing to discharge its
obligations in this respect; (h) The lack of satisfactory
information concerning the rules in the State party's law for ensuring the
application of article 3 of the Convention to cases of refoulement
or expulsion of aliens in danger of being tortured in the country of
destination. Deadly Aid Maria McFarland
Sanchez-Moreno and Naomi Roht-Arriaza, Foreign
Policy, 6 August 2012 www.foreignpolicy.com/articles/2012/08/06/deadly_aid?page=0,0 [accessed 22 January
2013] www.hrw.org/news/2012/08/06/deadly-aid [accessed 21 July
2017] How U.S. foreign
assistance is helping human rights violators -- and how to stop it. When Colombian
paramilitary leader Carlos Mario Jimenez, known as "Macaco,"
tried to reduce his expected prison time in 2008 by turning over his
ill-gotten gains to prosecutors, he included on his property list the assets
of a major palm oil cooperative. The revelation came as little surprise: The
drug-running militias had famously displaced thousands of small farmers
across the country through years of massacres, killings, torture and threats,
and there had long been rumors that their proxies were developing palm oil
projects on the stolen land. Now it was clear that the suspicions were
correct. AMNESTY
INTERNATIONAL From an old article -- URL not available Article was
published sometime prior to 2015 PARAMILITARIES - Despite their
supposed demobilization, paramilitary groups, labelled “criminal gangs” (Bacrim) by the government, continued to expand their
territorial presence and influence. In February, the then Minister of the
Interior and Justice, Germán Vargas Lleras, acknowledged that Bacrim
had territorial control in many parts of the country, both in urban and rural
areas. Reports were received that increasing numbers of paramilitaries were
operating in areas with a significant security force presence. Paramilitaries,
sometimes with the collusion or acquiescence of the security forces,
continued to commit serious human rights violations, including killings and
enforced disappearances, as well as social cleansing operations in poor urban
neighbourhoods. Their victims were mainly trade
unionists, human rights defenders and community leaders, as well as members
or representatives of Indigenous Peoples and Afro-descendent and peasant
farmer communities. On 12 September, at
least 30 armed and uniformed members of the paramilitary group Los Rastrojos arrived at the hamlet of Pesquería,
Cumbitara Municipality, Nariño
Department. They threatened and ransacked the community and accused them of
collaborating with the guerrilla. The paramilitaries reportedly dismembered
two civilians while they were still alive in front of the whole community.
They also kidnapped 13 people, at least two of whom were killed. Search … AMNESTY
INTERNATIONAL For current
articles:: Search Amnesty
International Website www.amnesty.org/en/search/?q=colombia+torture&ref=&year=&lang=en&adv=1&sort=relevance [accessed 25 December
2018] Scroll
Down ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** Human Rights
Reports » 2005 Country Reports on Human Rights Practices www.state.gov/g/drl/rls/hrrpt/2005/61721.htm [accessed 22 January
2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61721.htm [accessed 3 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – Although the law
prohibits such practices, there were reports that the police, military, and
prison guards sometimes mistreated and tortured detainees. Members of the
military and police accused of torture are tried in civilian, rather than
military, courts (see section 1.e.). CINEP asserted that, as of June,
security forces were involved in 25 incidents of torture, a 67 percent
decrease compared with the first 6 months of 2004. CINEP also reported that
during the first 6 months of the year there were 97 victims of torture: 5
victims resulting from abuse of authority and social intolerance by
"direct and indirect" state agents; 75 victims resulting from
political persecution by direct and indirect state agents; and 17 victims
resulting from political persecution or social intolerance where the
perpetrator was unknown. Of these cases, 66 victims implicated the armed
forces. For example CINEP
reported that in January troops accredited to the army's Mobile Brigade
arbitrarily detained and tortured Ferney Vargas
Hernandez in Cartagena de Chaira, Caqueta Department. The troops accused Vargas of being a
guerrilla sympathizer. In February
authorities indicted three police officers for torturing and killing Edison Watsein in Medellin, Antioquia Department in 2002. In October the
Inter-American Court of Human Rights found a police officer and former
soldier guilty of torturing Wilson Gutierrez Soler
in 1994. The court ruled that the government pay approximately $400 thousand
(900 million pesos) to Gutierrez and his family, as well as find the
perpetrators of the crime, reform the country's detention centers, and set up
training programs on the investigation and documentation of torture. CINEP reported that
paramilitaries were responsible for at least 25 cases of torture as of
September. For example, on January 16, members of a paramilitary group in the
municipality of Gigante, Huila Department tortured
community leader Israel Guzman. Also in January
paramilitaries of the AUC under control of an individual with the alias
"Giovanny" detained, tortured, and sexually abused Yeni Zurley Toro Bonilla, the
local coordinator for the NGO Fundepaz in Charco, Narino Department. In April AUC
paramilitaries, apparently with the knowledge and acquiescence of the
national police, arbitrarily detained, tortured, and executed 12 minors in
Buenaventura, Valle de Cauca Department. The mutilated bodies of the victims
were found floating in the ocean in an area known to be used by the AUC for
torture and execution. The victims were all relatives of leaders of the Yurumangui community which was displaced by AUC
paramilitaries. Freedom House
Country Report - Political Rights: 3 Civil Liberties: 4 Status: Partly Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/colombia [accessed 22 January
2013] LONG URL
ç 2009 Country Reports begin on Page 21 [accessed 11 May
2020] The civilian-led
Ministry of Defense oversees both the military and the national police.
However, many soldiers operating in Colombia’s complex security environment
work under limited civilian oversight. The government has in recent years
convicted an increased number of military personnel for grave human rights
abuses. Human rights groups
in 2007 reported a marked rise in extrajudicial killings by state agents over
the past several years. In many cases, soldiers killed civilians, dressed
them as guerrillas, and tampered with crime scenes to inflate battle
statistics and cover up their actions. In 2008, the problem was shown to be
more extensive and systematic than previously understood, with impoverished
urban youths in some cases being lured by offers of work, only to show up as
dead “guerrillas” within days or weeks. Army chief Mario Montoya and several
dozen other officers were fired over the scandal, and hundreds of soldiers
remained under investigation at year’s end. The Uribe government was blamed
in part for pressuring the military to show results based on body counts. Right-wing
paramilitaries and left-wing guerrillas, some of whom are involved in drug
trafficking, systematically abuse human rights. FARC guerrillas regularly
extort payments from businesspeople, use hostages as human shields, and lay
landmines that maim and kill civilians. Impunity is rampant, and victims
often express frustration with the government’s level of commitment to
obtaining economic reparations and prosecuting perpetrators. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, " Torture by Police, Forced
Disappearance & Other Ill Treatment in the early years of the 21st
Century- Colombia", http://gvnet.com/torture/Colombia.htm, [accessed
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