PROSECUTOR GENERAL INVESTIGATES SEXUAL VIOLENCE

UNCLAS BOGOTA 000896

SIPDIS

E.O. 12958: N/A
TAGS: PREF PGOV PHUM PTER MARR KJUS CO
SUBJECT: PROSECUTOR GENERAL INVESTIGATES SEXUAL VIOLENCE
CRIMES IN CONFLICT

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SUMMARY:
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1. (U) The office of the Prosecutor General (Fiscalia) is
investigating 183 cases of sexual abuses of women and girls
allegedly committed by former paramilitaries, the FARC, and
members of the military and police from 1993-2008. The
United Nations High Commission on Human Rights (UNHCHR)
highlighted the importance of promptly prosecuting the cases.
UNHCHR and the Fiscalia agree that the use of sexual
violence as a weapon in Colombia's conflict remains a
problem, and underscored that many abuses go unreported. The
Fiscalia reported that long delays by victims in reporting
the crimes remained a key factor hindering prosecutions.
UNHCHR said a lack of resources, weak investigative
structures, and limited interagency coordination also
contributed to the lack of progress. End Summary.

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INVESTIGATION IN PROGRESS:
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2. (U) Prosecutor General Mario Iguaran reported that the
Fiscalia recently opened 183 criminal cases against members
of former paramilitary groups, the FARC, the military, and
the Colombian National Police for alleged sexual crimes
committed against 500 women and girls between 1993-2008.
Iguaran's action stemmed from an April 2008 Constitutional
Court order mandating the investigation of sexual
violence-related crimes against internally displaced persons.
It identified 42 men allegedly involved in homicide and
rape, including extradited paramilitary leaders Salvatore
Mancuso and Rodrigo Tovar Pupo ("Jorge 40"). The two were
accused of crimes stemming from the El Salado (Bolivar -
February, 2000) and Chengue (Sucre - January, 2001)
massacres.

3 (U) The Fiscalia is also investigating/prosecuting
military and CNP involvement in 39 of the 183 cases. The
Fiscalia said it has brought criminal proceedings against 29
security force personnel. Of the 29, 15 are indicted and
will face trial, 14 have been accused and are awaiting
sentence, and one has been convicted and is in jail.

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UN SPOTLIGHTS SEXUAL VIOLENCE:
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4. (U) The United Nations High Commission on Human Rights
(UNHCHR) office in Colombia highlighted the importance of
investigating and prosecuting sexual violence crimes against
women in the context of Colombia's conflict in a May 8 press
release. The UNHCHR report on Colombia--released February
19--indicated that sexual violence in the conflict continued
to present a "high level of impunity."

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SEXUAL VIOLENCE AS A WEAPON OF WAR:
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5. (U) The Fiscalia's report underscored a pattern of "the
use of sexual violence as a weapon of war" and established
the involvement of former paramilitaries in 134 cases,
members of the security force (military and police) in 39
cases, and the FARC in 10 cases. Of the cases currently
under investigation, 41 of the victims were minors and 24
indigenous; 27 were homicides. There are also eleven cases
under investigation for sexual slavery and forced
prostitution.


6. (U) The cases highlight that sexual violence by armed
groups (former-paramilitaries and the FARC) was used as a
tactic to exert territorial control--mostly in drug
trafficking zones they were attempting to dominate. The
Constitutional Court confirmed cases of sexual violence
against women in several high profile massacres. In the El
Salado case, women were reportedly forced to undress and
dance in front of husbands or fathers who were later
murdered. Several of the women were also raped. Information
from one of the survivors helped the Fiscalia's Human Rights
Unit build cases against Mancuso and "Jorge 40."

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RESULTS SLOW TO COME:
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7. (U) Iguaran told the media that the greatest difficulty
for investigators was the "precariousness of the evidence."
He said the process of gathering information from the victims
was "painful," and that in many cases, the elapsed time
between the alleged abuse and when it was reported prevented
the gathering of DNA evidence. This was critical since
victims reported most aggressors wore masks. The UNHCHR
report also indicated that structural problems including lack
of resources, inadequate investigative structures, and
interagency coordination difficulties also affected the
Fiscalia's investigation and prosecution efforts.

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MANY ABUSES GO UNREPORTED:
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8. (U) Patricia Hernandez, a Justice and Peace Law
prosecutor, told us that social, psychological, and economic
vulnerabilities conspired against many women and girls who
would otherwise report sexual abuses. Sexual assaults were
also likely underreported because institutional response
remains inadequate. The GOC cannot guarantee protection of
victims, particularly in the areas not yet under full
government control. Hernandez said that the Social
Protection Ministry reported that as many as one of every
three displaced women has been sexually abused.
NICHOLS