Colombia july 4, 2024. The Federal Criminal and Correctional Court No. 2 of Buenos Aires, Argentina, recognized the victims who filed a complaint in November 2023 against Álvaro Uribe Vélez under the principle of Universal Jurisdiction. They were granted full rights to participate in the proceedings due to a clear harm generated by the alleged events. The decision states, “they are entitled to exercise the right to file a complaint based on the specific ties established in the case file.”
For the organizations who filed the complaint,
“The Colombian state has historically failed victims of the armed conflict and political violence, denying them access to justice, truth, comprehensive reparations, and guarantees of non-repetition despite victims’ efforts in various judicial arenas. The recent notification is a significant milestone in the advancement of the complaint, representing the feasibility and continuity of the investigative process against Uribe.”
This decision follows the November 7, 2023 filing of the complaint before the Argentinean federal court against former Colombian President Álvaro Uribe Vélez, by three human rights organizations (Comité de Solidaridad con los Presos Políticos, the Colectivo de Abogados y Abogadas José Alvear Restrepo, and the Corporación Jurídica Libertad) and eleven victims. The compliant was supported by various international and Argentinean NGOs.
The complaint is relative to war crimes and crimes against humanity committed during his presidency, involving 6,112 extrajudicial executions and enforced disappearances falsely reported as combat casualties between August 8, 2002 and December 31, 2008. These acts allegedly constitute a widespread and systematic attack against the civilian population.
The legal action was pursued under the principle of Universal Jurisdiction, allowing for the investigation and prosecution of international crimes (such as war crimes and crimes against humanity) committed anywhere in the world when these are not adequately addressed domestically.
According to the complaint, “Álvaro Uribe Vélez’s government sought to align the entire population around the security forces, dividing the population into ‘friends’ or ‘enemies’ of the homeland, the state, order, and Democratic Security, under the mandate of defeating the guerrillas. From the outset, the counterinsurgency strategy was framed as a ‘War on Terrorism'”.
Following the initial complaint, on November 13, 2023, the Federal Judge requested information from the Prosecutor of the International Criminal Court regarding Colombia’s preliminary examination and any investigation into Álvaro Uribe Vélez related to the complaint. The Prosecutor of the ICC responded on April 29, 2024, confirming that there is no ongoing investigation against the accused party. This information was relayed to the court on June 26, 2024, and conveyed to the victims’ representatives on July 1, 2024.
On December 19, 2023, Carlos Stornelli—the Federal Prosecutor assigned to the case—called on the court to gather evidence in the criminal investigation against former President Álvaro Uribe Vélez. Subsequently, the Federal Prosecutor sought cooperation from Colombian authorities, including information on the events, directives from the Ministry of Defense and the Armed Forces, decisions from the Special Jurisdiction for Peace (JEP), and testimonies from the complainant victims. This request awaits resolution by the court, anticipating full cooperation from Colombia to aid in the investigation and effectively uphold victims’ rights.
Eight months later, on July 1, 2024, Federal Judge Sebastián Ramos recognized the complainants as victims in the criminal case. This acknowledgment enables them to contribute evidence and seek accountability. It also opens avenues to identify unidentified victims and locate their family members with the aid of experts.
The victims reacted to this decision,
“The judge’s recognition of our status as victims in this case, along with our representing organizations, is undoubtedly a huge step forward. The case in Argentina represents a beacon of hope in our fight against impunity in the crimes committed against ourselves and our loved ones”.
