IMPUNITY
Very few of those suspected of responsibility
for conflict-related crimes under international
law were brought to justice. However, as part
of the peace process, the government and
the FARC formally apologized for their role in
several emblematic human rights cases.
On 30 September, in La Chinita, Apartadó
Municipality, Antioquia Department, the
FARC apologized for killing 35 people from
the village on 23 January 1994.
On 15 September, President Santos
formally apologized for the state’s role in the
killing in the 1980s and 1990s of some 3,000
members of the Patriotic Union party, set up
by the Colombian Communist Party and the
FARC as part of the failed peace process with
the government of Belisario Betancur.
In February the Constitutional Court ruled
that a 2015 reform (Legislative Act No. 1)
giving military courts jurisdiction over cases
related to military service and over crimes
committed on active service was
constitutional. The reform also stipulated that
international humanitarian law, rather than
international human rights law, would apply
when investigating armed forces personnel
for conflict-related crimes, even though many
such crimes were not committed during
combat and the victims were overwhelmingly
civilians. However, the Court ruled that
international human rights law should also
apply during investigations. Nevertheless,
there were concerns that the Court’s ruling
would do little to overcome impunity given
the military justice system’s woeful record in
bringing to justice members of the armed
forces implicated in human rights violations.
HUMAN RIGHTS DEFENDERS
Threats against and killings of human rights
defenders, especially community leaders,
land rights and environmental activists and
peace and justice campaigners, continued to
be reported in significant numbers. Most of
the threats were attributed to paramilitaries,
but in most cases it was difficult to identify
which groups were responsible for the
killings. According to the NGO Somos
126
Defensores (We are Defenders), at least 75
defenders had been killed by 8 December
2016, compared with 63 during the whole of
2015. In general, these attacks did not occur
in the context of combat between the warring
parties, but were targeted killings. Several
human rights organizations also had sensitive
information stolen from their offices. By 20
December the NGO National Trade Union
School had recorded 17 killings of trade
union members.
On 29 August, three leaders of the NGO
Integration Committee of the Colombian
Massif (CIMA), Joel Meneses, Nereo
Meneses Guzmán and Ariel Sotelo, were shot
dead by a group of armed men in Almaguer
Municipality, Cauca Department.
In August, Ingrid Vergara, a spokesperson
for the National Movement of Victims of State
Crimes (Movice) received a threatening
phone call after attending a public hearing on
human rights in Congress in the capital,
Bogotá. Over the years, Ingrid Vergara and
other members of Movice have been
repeatedly threatened and harassed because
of their human rights work.
LAND RIGHTS
The land restitution process, implemented
since 2012, continued to make only slow
progress in returning land misappropriated
during the conflict to its rightful occupants.
According to the state’s Land Restitution
Unit, by 5 December, land judges had
adjudicated on cases involving some 62,093
hectares claimed by peasant farmers and
131,657 hectares claimed by one Afrodescendant and four Indigenous
communities.
Land rights activists continued to be
threatened and killed.9 On 11 September,
Néstor Iván Martínez, an Afro-descendant
leader, was shot dead by unidentified
assailants in Chiriguaná Municipality, Cesar
Department. Néstor Iván Martínez was active
in environmental and land rights campaigns
and had campaigned against mining
activities.
On 29 January, Congress approved Law
1776, which would create large agro-
Amnesty International Report 2016/17
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