Human Rights Watch called a Colombian military tribunal's verdict
in a massacre case part of a continuing cover-up of Army
complicity in human rights crimes. The tribunal sentenced General
Jaime Uscátegui to
forty months in
prison for his involvement in the 1997 Mapiripán massacre.
"This works out to a little more than a month for each
Colombian murdered in Mapiripán," said José Miguel Vivanco,
executive director of the Americas Division of Human Rights Watch.
"It is far too light a sentence to deter future such acts, bearing
little relation to the seriousness of the crimes at issue."
As this case exemplifies, high ranking officers who arrange and
assist atrocities continue to be shielded by military tribunals.
"President Pastrana has said that he will ensure that such
tribunals no longer deal with human rights cases," said
Vivanco, "This verdict is proof that they continue to
shield officers from justice."
Paramilitary groups working with the tolerance or support of
the Colombian military are considered responsible for nearly 80
percent of all human rights violations documented last year in
Colombia.
In July 1997, paramilitaries working with the Colombian Army
killed more than thirty residents of Mapiripán, Meta. Judge
Leonardo Iván Cortés tried to alert authorities, including the
military, with urgent messages describing the macabre scene that
lasted a full five days. "Each night they kill groups of five to
six defenseless people, who are cruelly and monstrously massacred
after being tortured," he said. "The screams of humble people are
audible, begging for mercy and asking for help." Judge Cortés was
later forced to leave Colombia with his family because of threats
on his life. Dozens of others fled the village, joining Colombia's
massive population of internally displaced.
Subsequent investigations by civilian prosecutors reveal that
troops under General Uscátegui's command welcomed paramilitaries
who arrived at the San José del Guaviare airport, helped them load
their trucks, and ensured that local troops who could have fought
the paramilitaries were engaged elsewhere. General Uscátegui
ignored alerts about the massacre, and a subordinate testified
that the general later ordered him to falsify documents to cover
up his complicity in it.
Not withstanding this evidence, the military tribunal found the
general guilty only of "erring by omission," or failing to act
when informed of the massacre. The same tribunal acquitted
Uscátegui of the much more serious charges of crimes against
humanity, terrorism, lying and conspiracy.
Also convicted yesterday was Col. Hernán Orozco, the officer
who first alerted General Uscátegui to reports of a massacre.
Orozco later cooperated with civilian investigators, and his
testimony helped Colombia's Attorney General prepare formal
charges against Uscátegui for aiding and abetting paramilitary
groups. However, jurisdiction over the case was awarded to the
military courts, which has long been one of the cornerstones of
impunity in Colombia.
Orozco later asked that his case be sent to a civilian court
for prosecution, arguing that he would not receive a fair trial.
Yesterday's verdict included a sentence for Orozco of thirty-eight
months. His crime was characterized as "failing to insist" that a
superior officer send troops, an absurdity given that he had
notified Uscátegui promptly of reports coming from Mapiripán.
Human Rights Watch has repeatedly called for the Colombian
government to enforce its law requiring that allegations of human
rights violations committed by security force officers be
investigated and tried by civilian courts, not military tribunals.