Military courts continue to investigate possible human rights violations and crimes under international law committed by members of the Colombian security forces, despite express prohibitions in national and international standards, Amnesty International said today in a new report.

The report Insist, persist, resist and never give up? Impact of the use of military criminal justice on impunity for human rights violations in Colombia shows that use of the military criminal justice system (JPM) prevents access to justice, violates the rights of victims and exacerbates the damage caused by impunity.

“The use of military criminal justice in possible human rights violations is not a technical error: it is a structural obstacle that contributes to impunity,” said Ana Piquer, Americas director at Amnesty International.

The use of military criminal justice in possible human rights violations is not a technical error: it is a structural obstacle that contributes to impunity.” 

Ana Piquer, Americas director at Amnesty International.

Undue intervention

According to international human rights standards, military judges should never preside over trials involving civilians, possible human rights violations or crimes under international law. The report points out the contradiction inherent in the fact that the National Police in Colombia is defined as a civilian body, yet its members are investigated and subjected to trial by the JPM. Amnesty International believes that this issue can only be permanently resolved through constitutional reform.

Despite two decades of legal and constitutional reforms to criminal law and military jurisdiction, plus a wealth of case law from the Constitutional Court and international position statements, military justice continues to act in cases involving possible human rights violations and crimes under international law committed by members of the military and police forces, especially crimes against life and personal integrity. “This prevents Colombia from adequately guaranteeing access to justice for the victims,” said Ana Piquer.

A decades-old problem

The report analyses the enforced disappearances in the 1980s of Luis Fernando Lalinde and Nydia Erika Bautista at the hands of the Colombian military; at the time, investigation into these cases was taken on by courts comprised by these same military forces, with impunity prevailing to this day, four decades on.

The situation of protesters injured or killed by members of the National Police in the context of protests occurring over the last two decades is also analysed. Although Colombian case law is consistent in pointing out that these cases must be subject to the ordinary courts, judges and prosecutors from both military and ordinary courts continue to wrongly assign them to the JPM, hindering the judicial process.

The report is based on information provided to Amnesty International by the Attorney General’s Office, the JPM and the Constitutional Court, and includes a systematic review of 398 cases of conflicts of jurisdiction referred to the Constitutional Court for resolution between February 2021 and October 2024.

Demanding justice for human rights violations or crimes under international law allegedly committed by members of the military or the National Police usually takes years and is a process that requires addressing institutional barriers that favour impunity. “The jurisdiction of the military criminal justice system must be strictly limited to crimes committed by active duty military personnel. It cannot be extended to human rights violations or civilians, in accordance with international standards,” concluded Ana Piquer.

The jurisdiction of the military criminal justice system must be strictly limited to crimes committed by active duty military personnel. It cannot be extended to human rights violations or civilians, in accordance with international standards”.

Ana Piquer, Americas director at Amnesty International.

Amnesty International recommendations

Amnesty International calls on the Colombian state to: 

• Constitutionally exclude the National Police from the scope of jurisdiction of the JPM.
• Approve legislative reforms to specify that the jurisdiction of the JPM does not extend to possible human rights violations or crimes under international law.
• Adopt preventive measures to ensure that investigations into such crimes cannot be opened under the JPM, and that any that may already have been opened are transferred to the ordinary criminal justice system.
• Provide mandatory and comprehensive training to JPM and ordinary justice operators on applicable international standards and constitutional jurisprudence.

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