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Date: April 29, 2024 Mon
Time: 11:36 pm
Time: 11:36 pm
Results for human rights defenders (colombia)
1 results foundAuthor: Hudson, Andrew Title: Baseless Prosecutions of Human Rights Defenders in Colombia: In the Dock and Under the Gun Summary: In a criminal justice system plagued by impunity, the tenacity with which Colombian prosecutors pursue human rights defenders for supposed crimes is striking. While corruption and arbitrary actions are a systemic problem throughout the judicial system, those who peacefully promote human rights are singled out for particular intimidation through baseless investigations and prosecutions. Unfounded charges are often widely publicized, undermining the credibility of defenders and marking them as targets for physical attack, often by paramilitary groups. While defenders are not alone in being subjected to false investigations, their persecution is distinctive due to the nature of the charges and the methods of collecting, and falsifying, evidence. They are usually accused of rebellion and membership in a guerrilla organization. By the time defenders are illegally detained, they have often been investigated in secret for many months or even years. Two of the hallmarks distinctive to defenders’ cases are the use of false testimony from ex-combatants and of inadmissible intelligence files. Charges are typically based on spurious allegations by ex-guerrillas whose testimony has been coerced or coached by regional prosecutors. Armed with such erroneous evidence, which is objectively inadequate to initiate an investigation, prosecutors and others publicly pre-judge the defendants, stigmatizing defenders as terrorists. Because defenders are singled out for this type of persecution, solutions that focus specifically on defenders are needed. The steadfast investigation of spurious criminal complaints against defenders stands in stark contrast to the failure to investigate attacks, threats, and other forms of intimidation perpetrated against them or against civilians more generally. The Colombian state also fails to prosecute or otherwise discipline judicial officials who instigate such specious prosecutions. Human rights defenders in Colombia play a legitimate and essential role in protecting basic rights and strengthening democratic institutions. Charges against them are often politically motivated and intended primarily to discredit and stigmatize them individually and as a class. Unfounded criminal charges are damaging in many ways: The stigmatization of defenders as terrorist sympathizers places them at considerable risk of reprisal and death threats by paramilitaries or others; The proceedings force defenders to expend time and resources defending themselves, diminishing their capacity to perform productive human rights work; The charges discredit defenders and tarnish their reputations as legitimate human rights activists; and The threat of political prosecution has a chilling effect, encouraging defenders to practice selfcensorship and limit their activities. In relation to Colombia, the U.N. Special Representative on Human Rights Defenders has stated that such “proceedings are part of a strategy to silence human rights defenders.”3 Despite increasing attention to the issue, in the absence of a detailed study, some Colombian officials refuse to acknowledge that there is a widespread problem. Human Rights First has spent more than a year researching and documenting 32 cases of unfounded prosecutions against defenders. Analysis of primary materials such as interviews with defenders, defense briefs, prosecutors’ resolutions, and judicial sentences reveal the spurious nature of these criminal investigations. For the first time, this report reveals a positive development: prosecutors and judges all over Colombia are recognizing the existence of malicious prosecutions against defenders. However, it is not enough to identify the problem or to mitigate its effects after damage has been done. There must be fundamental changes in the justice system. As a major supporter of judicial reform in Colombia, the United States can play a constructive role in combating malicious prosecutions of human rights defenders. It is clearly in the interests of the United States to have a vibrant civil society in Colombia, which can freely express ideas and strengthen respect for the rule of law. Based on an analysis of 32 cases and extensive interviews with government officials and human rights defenders, Human Rights First makes concluding recommendations. Details: New York: Human Rights First, 2009. 63p. Source: Internet Resource: Accessed December 1, 2012 at: http://www.humanrightsfirst.org/wp-content/uploads/pdf/090211-HRD-colombia-eng.pdf Year: 2009 Country: Colombia URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/090211-HRD-colombia-eng.pdf Shelf Number: 127048 Keywords: False AccusationsHuman Rights Defenders (Colombia)Judicial SystemPolitical CorruptionProsecution |