7.25.2005

Justice or Impunity?

The passing of Colombia's Justice and Peace Law in late June prompted a firestorm of criticism for its handling of paramilitary demobilizations. The law, which follows the desertion of around 6,000 paramilitaries since talks began with the United Self-Defense Forces of Colombia (AUC) two years ago, is aimed at the 200 or so AUC members who are accused of crimes against humanity:
Under the law, they must give a voluntary account of their crimes and forfeit illegally acquired goods, such as lands bought with drug money. A special unit of 20 attorneys has 60 days to investigate; within a further ten days, a court brings charges. If found guilty, the court imposes a normal sentence (up to 40 years for murder) which is then commuted to an "alternative penalty." This involves up to eight years' confinement in a special facility - perhaps a prison farm, says Mr. Pretelt.

If the accused is later found to have failed to declare a crime, the alternative penalty can be raised by 20% "provided the omission is not intentional." If it is, the full normal sentence is imposed. The law also gives the victims the right to particpate in the judicial process; forfeited assets are to be used to compensate them.
Most human rights groups (Human Rights Watch, Amnesty, et al) have lambasted the law, characterizing it as a slap on the wrist that effectively gives paramilitaries a "get out of jail free" card. Washington lawmakers on both sides of the aisle also expressed their reservations as the law would prevent known drug traffickers to be extradited for trial in the US. Nevertheless, the Bush administration now officially supports the law after a lobbying visit last week from Colombia's vice president and foreign minister.

Is it a law of impunity or will it advance peace and justice? I defer to my friend Eduardo Pizarro, who sanely declares that "the only way to respond to these critics is through the results." Pizarro also astutely points out that this is the first time in recent memory that justice has been attempted during a transition to peace: there was absolute impunity in Chile, Uruguay, El Salvador, and Guatemala and quasi-impunity in Argentina and South Africa. Indeed, the Truth Commissions provided moral justice as atrocities became part of official history, but only recently have the governments of Chile and Argentina begun to bring human rights violators to trial.

In Colombia, any sort of justice is a positive step following the almost uniform impunity of the last 40 years of armed conflict. I don't see a rational reason why a paramilitary leader would be motivated to disarm under the type of law that would please human rights activists. The US will be footing the bill for these demobilizations, and I hope that pressure from abroad will lead to a successful process in what could become a precedent for resolution of internal conflicts.

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