The Special Jurisdiction for Peace (JEP) announced the accusation of war crimes, crimes against humanity and other conduct classified in the Colombian Penal Code against thirty members of the National Army, including three retired generals, for their alleged involvement in cases of extrajudicial executions known as “false positives” in the department of Meta.
Three retired generals, along with twenty former members of the Infantry Battalion No. 21 Batalla Pantano de Vargas and seven former members of the Gaula Rural Meta, were called to recognize their responsibility for these events, according to what was reported by the court.
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Among the accused are retired brigadier generals Carlos Ovidio Saavedra Sáenz and Francisco José Ardila Uribe, as well as retired major general Carlos Eduardo Ávila Beltrán.
The president of the JEP, Alejandro Ramelli Arteaga reported that the charges filed include 209 murders, 65 of them with forced disappearance, and one attempted homicide, events committed between 2002 and 2007.
Ramelli specified that the conduct was classified as “war crimes and crimes against humanity.”
The high court determined that the generals did not exercise the control or constitutional protection that corresponded to them over the forces under their command.
Despite having mechanisms to prevent crimes, They allowed a culture of flexibility and negligence, where obtaining operational results predominated as a priority in the VII Brigade.
Their offenses facilitated the formation of systematic criminal practices and contributed to the consolidation of impunity.
Regarding the Counterguerrilla Battalion No. 7, The JEP indicated that insufficient elements were found to identify a systematic criminal scheme. However, it determined that certain episodes could involve homicides and disappearances of people who did not participate in hostilities.
In relation to the Air Combat Command No. 2 of the Air Force, the Chamber indicated that its work was limited to supporting aerial actions and no evidence was found that demonstrates knowledge or intentional collaboration with the crimes investigated.
The JEP pointed out that during the strengthening of paramilitarism in Meta, close ties were formed between members of the National Army and the Centauros Block. According to the statement, these ties were evidenced in “the carrying out of coordinated defensive and offensive operations.”
The court also highlighted the existence of “permissiveness with paramilitary actions,” manifested in the lack of military operations against these groups and the tolerance of crimes committed against civilians, as well as in “the presentation of false combat casualties.”
Likewise, the Truth Recognition Room in this process received statements from former commanders of the Centauros Block, including Dairo Antonio Úsuga, alias “Otoniel”, Manuel de Jesús Pirabán, known as “Pirata”, and Luis Arlex Arango Cárdenas, called “Chatarro”.
In addition, all the documents and data collected within the framework of Justice and Peace were integrated into the file.
The court noted that, according to investigations, the delivery of false casualties as a result of combat functioned as the main form of compensation agreed upon between the paramilitaries and the public force. This dynamic facilitated criminal activities, especially those linked to drug trafficking, and allowed serious human rights violations, such as massacres and forced disappearances, at least within the jurisdiction of the 21st Infantry Battalion.
On the other hand, the JEP ratified the imprescriptibility of criminal action for 42 aggravated homicides presented as combat casualties. Likewise, he highlighted that there was a systematic failure in the response of civil and military institutions, such as the Military Criminal Justice, the Prosecutor’s Office and the Attorney General’s Office, which did not guarantee the protection of the most vulnerable population in the region.
The uniformed men must choose between accepting the charges and remaining under the jurisdiction of the JEP, which would imply sanctions of up to eight years.or reject the accusation and undergo a judicial process in which they could receive sentences of up to 20 years in prison.
