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Transitional Justice Snapshot 4
Case 001: Illegal retention of people by FARC-EP
The illegal retention of people breaches their fundamental right to freedom. Article 7 of the Rome Statute, concerning crimes against humanity, condemns both imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, and enforced disappearance, understood as the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law.
Kidnapping: an operational tactic of the FARC-EP
In Colombia, this conduct has been known as kidnapping (secuestro). According to reports by the Attorney General’s Office (FGN), the National Centre for Historical Memory (CNMH), and organisations of kidnapping victims, in 1993 the FARC-EP adopted kidnapping as an operational tactic during its Eighth Conference, and later prohibited it in 2012. However, some kidnappings still took place after this date.
According to the same reports, at least three goals were pursued through kidnapping: 1) demand large amounts of money from relatives and loved ones to release the kidnapped person, 2) put pressure on the government, and 3) demonstrate control over civilian populations.
Case 001 against the former FARC-EP guerrilla for kidnapping
Within the Special Jurisdiction for Peace (JEP), the Chamber for the Recognition of Truth, Responsibility and Determination of the Facts and Conduct (hereafter Chamber of Recognition) decided to examine case 001 in July 2018, using a case prioritization criteria previously established. This followed a report by the FGN called Illegal retention of persons by the FARC-EP.
Case 001 against the FARC-EP for its kidnapping policy and the captivity conditions of civilians, police officers and military personnel, has a national scope. As of November 2019, the Recognition Chamber has accredited 1276 victims, and has received 7 reports from civil society, in addition to reports by the FGN and the CNMH.
Individual and collective testimonies by FARC-EP
Since the opening of the phase for the recognition of truth, responsibility, and determination of the facts and conduct, the Chamber of Recognition has received testimonies in two forms: individual and collective. In the case of individuals, 56 people have appeared before the Chamber and have given information about their chain of command and the operations in which they were involved. Collectively, legal proceedings have been made with the Central Command of former FARC-EP guerrilla regarding “retention” orders given by superiors to their military units. Likewise, testimonies are being received in the Training and Reincorporation Areas (ETCR) to broaden the scope of collective responsibilities.
This is one of the seven cases that have advanced the most in the JEP thanks to, among other factors, the commitment from the people who have stood before the Chamber of Recognition to fulfil the rights of the victims. Those who have failed to do so have already been excluded from the JEP and, as a consequence, are subject to ordinary jurisdiction.
Recommendations
The processes described above have identified 25 years of kidnappings by the former FARC-EP, which accounts for thousands of victims, a number that can increase up until the Special Tribunal for Peace rules its sentence regarding this case.
Being accredited as a victim gives the status of “special intervener”, which allows participation in every instance of the process, access to individual and collective hearings, as well as the opportunity to provide observations afterwards.
Embrace Dialogue (ReD) welcomes the progress made by the JEP and invites victims of kidnapping in Colombia and abroad to be accredited. For those who read this, we invite you to share the information in order to get those who have been victims of kidnapping in this Case to seek accreditation.