Colombia: ICJ held workshop enforced disappearance and extrajudicial killings for lawyers and victims

Colombia: ICJ held workshop enforced disappearance and extrajudicial killings for lawyers and victims

On 29-30 October the ICJ, in partnership with dhColombia and the Argentine Forensic Anthropology Team (EAAF), hosted a two-day training workshop in Bogotá on the legal framework around enforced disappearance and extrajudicial killings.

The training aimed to improve the understanding of victims and human rights lawyers of the domestic law on extrajudicial killings and enforced disappearances in Colombia. It included an analysis of both the ordinary justice system, as well as transitional justice mechanisms. It also explored the role of the forensic sciences in tackling impunity for those crimes.

The ICJ in furtherance of its objective to promote accountability, justice and the rule of law in Colombia, has been continuously monitoring the investigation and prosecution of serious human rights violations and abuses, particularly extrajudicial killings and enforced disappearances. Perpetrators of such violations, which constitute crimes under international law, have enjoyed a high level of impunity. While there are numerous unresolved cases dating back to the 1970s, violations have continued even after a comprehensive peace agreement was signed in 2016 following decades of armed conflict.

In Colombia, achieving accountability for those crimes has proven difficult for several reasons, including the ineffective functioning of the justice system. Victims and their lawyers have faced serious obstacles in gaining access to effective remedies. In addition, the creation of new institutions by the Peace Agreement has changed some basic rules and procedures for the investigation and prosecution of those crimes. Consequently, the Colombian justice system is more complicated to understand not only for victims but for lawyers.

The training workshop was part of a broader regional project addressing justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru. Participants were victims and human rights lawyers from different regions of the country, especially those where that is less opportunity to access legal and forensic training. Considering that capacity building activities are essential to the effective achievement of accountability, it is expected that participants of the training will obtain valuable tools to demand justice and remedy and reparations for serious human rights violations.

Contacts:

Rocío Quintero M, Legal Adviser, Latin America. Email: rocio.quintero(a)icj.org

Carolina Villadiego, ICJ Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project. Email: carolina.villadiego(a)icj.org

Central America: ICJ hosts high level international delegation for conference on judicial independence

Central America: ICJ hosts high level international delegation for conference on judicial independence

On 25 and 26 October, the ICJ in Central America will hold the VII Regional Conference on Judicial Independence, with the central theme of the protection and security of Judges.

The Conference will discuss the role that governments should play in the protection of judges, as well as the relationship between judicial independence and security of those who deliver justice.

Participants from outside the region include Radmila Dragicevic Justice of the Supreme Court of Cassation of Serbia and Vice-President of the ICJ; José Antonio Martín Pallín, Judge Emeritus of the Spanish Supreme Court of Justice and ICJ Commissioner, and Erland Flaterud and Finn Arne Schanche, both judges from Norway.

Nine other judges from Central America will attend, including Leonardo Ramírez of the Supreme Court of Justice of El Salvador Murcia and Fernando Cruz Castro, President of the Supreme Court of Justice of Costa Rica.

The ICJ regrets that the Supreme Court of Justice of Guatemala has not been in a position to receive this important delegation at its plenary on 23 October to address the issue of the security of judges.

The ICJ recalls that this Conference is held within the framework of a letter of cooperation and understanding agreed with the former President of the Judicial Branch and the Supreme Court of Justice, Ranulfo Rojas Cetina in 2015.

The ICJ is particularly concerned that there is presently an unfilled vacancy for Chief of Security for the judiciary, following the resignation of the former Chief who had allegedly engaged in conduct not consistent with his function.

Ramón Cadena, Director of the ICJ for Central America, said: “It is the duty of the Supreme Court of Justice to inform the Guatemalan public about the Judges Protection System, so that it does not become a source of corruption or in any way interferes with the work of independent, and impartial judges.”

In Guatemala, the international delegation will meet with judges such as Yassmín Barrios, Ericka Aifán, Miguel Ángel Gálvez, Carlos Ruano and Pablo Xitumul among others. They have been the subject of seemingly unfounded complaints which have posed risks to their personal security and independent judicial functioning.

 

 

 

 

 

Event: The first year of the transitional justice system in Colombia

Event: The first year of the transitional justice system in Colombia

The Colombian Commission of Jurists (CCJ) and the ICJ invite you to a discussion on the strengths and challenges that the System and its institutions face. The event takes place Thursday, 19 September 2019, at 11:00 – 12:00, room XXI, in the Palais des Nations.

One of the essential elements of the peace agreement between the Colombian government and the FARC-EP was the creation of an Integral System of Truth, Justice, Reparation and Non-Repetition. This System contains a set of transitional mechanisms to protect and guarantee victims’ rights. It comprises three institutions: a tribunal called the Special Jurisdiction for Peace (JEP), a Truth commission, and a Unit to search for the missing persons. A year ago, after some delays, the three institutions have entered into operation. They all have made significant advances in fulfilling victims’ rights. However, there are still several challenges they must face to be considered successful transitional justice mechanisms.

The panel will feature:

Moderator:

  • Sam Zarifi, ICJ Secretary General

Speakers:

  • Philippe Texier, former judge of the Court of Cassation of France and ICJ commissioner.
  • Edinson Cuéllar, Colectivo Sociojurídico Orlando Fals Borda
  • Ana María Rodríguez, CCJ Senior Legal Adviser
  • Rocío Quintero, ICJ Legal Adviser

Printed copies of the ICJ report “Colombia: Jurisdicción Especial para la Paz, análisis a un año y medio de su entrada en funcionamiento” will be available.  (Full version in Spanish and Executive Summary in English)

A flyer for the event is available here.

Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Guatemala: ICJ and partners conduct workshops the investigation and prosecution of unlawful death and enforced disappearances

Between 26 and 29 June 2019, in Guatemala City, ICJ and its partner, Fundación de Antropología Forense de Guatemala (FAFG), with the support of the Asociación Guatemalteca de Jueces por la Integridad (AGJI) and the Bufete de Derechos Humanos (BDH), undertook trainings of more than 12 judges and 20 prosecutors on the international law and standards that apply to the investigation of unlawful death and enforced disappearances.

The workshops were conducted as part of the project under the ICJ’s Global Accountability Initiative entitled, Promoting justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, supported by the EU European Instrument for Democracy and Human Rights (EIDHR).

Opening remarks were given by Tomás Pallás Aparisi, Head of Cooperation at the EU Delegation to Guatemala, Delia Dávila, Magistrate from the Supreme Court of Guatemala and Haroldo Vasquez, President of the Asociación Guatemalteca de Jueces por la Integridad AJGI.

Ramón Cadena, Director of the ICJ’s Central America Office, addressed the international law and standards that apply to the investigation and prosecution of unlawful death and enforced disappearances and their relevance to Guatemala. Edgar Pérez, director of Bufete de Derechos Humanos (BDH) discussed the situation of enforced disappearances in Guatemala and the value and applicability of international law and standards. Marco García, a representative of FAFG, outlined the role of forensic science in the investigation of unlawful death and enforced disappearances.

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, provided an overview of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which formed the core of the materials used at the workshops.

The ICJ took the opportunity of the workshops to visit the office of its partner, the Asociación de Familiares de Detenidos-Desaparecidos de Guatemala (FAMDEGUA) and meet with Justice Delia Marina Davila Salazar of the Supreme Court of Justice of Guatemala.

Contacts:

Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative, email: kingsley.abbott(a)icj.org

Carolina Villadiego Burbano, ICJ Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, email: carolina.villadiego(a)icj.org

Colombia’s transitional justice tribunal can do more to address victim’s needs – new ICJ report

Colombia’s transitional justice tribunal can do more to address victim’s needs – new ICJ report

Colombia’s transitional justice tribunal, the Special Jurisdiction for Peace (JEP in its Spanish acronym) has made progress in fighting impunity, but can do more to address the needs and demands of victims of the country’s long civil war, the ICJ said in a report released in Bogota today.

The report Jurisdicción Especial para la Paz: análisis a un año de su entrada en funcionamiento (available only in Spanish) will be presented by a high-level mission composed of the President of the ICJ, Prof Robert Goldman (former President of Inter-American Commission on Human Rights), the Vice President of the ICJ, Carlos Ayala (former President of the Inter-American Commission on Human Rights), and ICJ Commissioner Philippe Texier, former judge of the Court of Cassation of France.

The commissioners will meet with different Colombian authorities including the President of Colombia, Iván Duque Márquez, and the President of the JEP, Patricia Linares Prieto.

They will also meet with victims and other members of civil society.

The JEP is charged with prosecuting and punishing gross violations of human rights and serious violations of international humanitarian law committed during the country’s civil war.

The JEP was established by the Peace Agreement entered into between the Colombian government and the former armed group FARC-EP, on November 24 of 2016.

“The JEP has made progress in guaranteeing victims’ rights and fighting impunity for gross violations of human rights and serious violations of international humanitarian law,” said Prof Robert Goldman, ICJ’s President.

“But the JEP must do more to strengthen the effective participation of victims in its procedures, as well as to guarantee victims’ rights to justice and full reparation in compliance with international standards,” he added.

Accordingly, the report identifies ways by which the JEP can achieve these goals.

The ICJ also expresses concern about security threats faced by human rights defenders and victims and witnesses appearing before the JEP. The ICJ urges the JEP and other Colombian public authorities to adopt effective measures to guarantee their safety.

The ICJ also considers it is necessary to ensure respect for the judicial independence of the JEP against external pressures to ensure the proper performance of its functions.

The report describes the findings of a mission carried out by ICJ Commissioners Carlos Ayala, Wilder Tayler and Philippe Texier in January 2019. The report includes an analysis of the main actions and decisions taken by the JEP as well as relevant decisions of other public authorities. It reflects developments up to June 7, 2019.

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