MINISTRY OF DEFENSE DIRECTIVE TAKES STRONG

UNCLAS BOGOTA 008367 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV KJUS CO SUBJECT: MINISTRY OF DEFENSE DIRECTIVE TAKES STRONG MEASURES AGAINST EXTRAJUDICIAL KILLINGS -------------- SUMMARY -------------- ¶1. The Ministry of Defense (MOD) issued a directive on November 20 ordering military commanders to give greater weight to the demobilization or capture of illegal combatants than to kills (bajas) in evaluating the success of military operations. The directive addresses human rights groups' concerns that a previous emphasis on bajas to measure results encouraged extrajudicial killings. In January 2008, the military will assign 120 recently trained legal advisors to military units, including the battalion level, to advise commanders on the legality of military operations. In 2007, the Military Justice system has so far transferred 572 alleged human rights cases to civilian courts, up from 33 in ¶2006. 155 of these cases involve alleged extrajudicial killings. End Summary -------------- NEW DIRECTIVE CHANGES RESULTS STANDARDS -------------- ¶2. The MOD's Directive 300-28, issued on November 20, orders the commanders of the Army, Navy and Air Force--as well as joint commands--to give greater weight to the demobilization or capture of enemy combatants than to kills (bajas) in evaluating the success of military operations. The directive also instructs commanders to take into account economic, political, and social factors when assessing military operations' contribution to establishing territorial control. To track implementation, it orders commanders to provide monthly reports to the Chief of Joint Military Operations on combat kills as well as progress on establishing security. For kills, commanders are required to report the name, age, group membership, and position within the illegal group of the deceased. ¶3. Directive 300-28 responds to criticism by the local UN High Commissioner for Human Rights (UNHCHR) office and human rights groups that the military's previous use of bajas as the primary measure of success has promoted extrajudicial killings by security forces. The UNHCHR will visit the seven divisions within the Colombian Army in December to review all reported cases of extrajudicial killings with local commanders. The visits follow a similar UNHCHR exercise in August. -------------- -------------- MOD IMPROVES LEGAL ADVICE AVAILABLE TO FIELD COMMANDERS -------------- -------------- ¶4. The MOD is also improving the legal advice available to field commanders. In January 2008, the MOD will assign 120 newly trained legal advisors to field commanders to ensure that all military operations conform to Colombian and international law. The MOD plans to extend such advisors to the battalion level. In addition, starting in October 2007, the MOD initiated--with USG support--a series of operational law workshops for military justice personnel, military commanders, and civilian investigators and prosecutors to improve interagency communication and understanding of the law of war. -------------- MILITARY AND CIVILIAN JUSTICE COOPERATION -------------- ¶5. The MOD continues to work to improve cooperation between civilian legal authorities and military personnel, as well as to reduce jurisdictional disputes between civilian and military courts. On November 2, the MOD issued Directive 19 which reiterates an earlier order to military commanders to exhaust all available resources to help civilian investigators to arrive at the scene of any combat deaths. It also recognizes that civilians should serve as primary evidence collectors. Lastly, Directive 19 makes military commanders responsible for the actions of their soldiers, and provides for disciplinary action if any commander is involved in a cover-up of an extrajudicial killing. ¶6. The MOD is also working with the Military Justice system to facilitate the transfer of cases involving alleged human rights violations from military to civilian courts. In 2005 and 2006, the military courts transferred seven cases and 33 cases to the civilian system respectively. In contrast, so far in 2007 the military courts have transferred 572 cases, 155 of which involve alleged homicides. The increase reflects the effort of Military Justice Director Luz Marin Gil, as well as the impact of the high-level committee set up in June under Directive 10 to address the problem of extrajudicial killings. Nichols