By: Sean Werkheiser, 3L
Recently, the right-wing paramilitary group Gaitanista Self-Defense Forces of Colombia (AGC) called for two former leaders of its predecessor group, the AUC, to be repatriated to Colombia from the United States, where they are currently serving lengthy prison sentences after having been extradited on charges of drug trafficking and materially supporting a foreign terrorist organization. In support of the repatriation, the organization cited the “right to truth” for victims of Colombia’s armed conflict, highlighting the fact that both leaders have knowledge that must be given to the victims as a form of necessary reparations.
In general, the Inter-American Court of Human Rights does indeed recognize a “right to truth” for victims of armed conflict, especially when that conflict involves the forced disappearance of persons. However, a key component of complying with the requirements of the right to truth is the obligation upon States to clarify and investigate the facts and to prosecute and punish those responsible for cases of serious human rights violations. Here, it was the former AUC leaders’ participation in such human rights violations as part of a designated terrorist organization that led to their extradition to the United States in the first place.
The statement released by the AGC claimed that both former leaders have expressed a willingness to cooperate with the JEP, the transitional justice mechanism through which FARC members, members of the Public Force, and third parties who have participated in the Colombian armed conflict are investigated and put on trial. However, the JEP cannot hear cases that involve serious violations of International Humanitarian Law or serious violations of Human Rights, such as genocide, war crimes, crimes against humanity, taking of hostages, and extrajudicial killings. It is no secret that the AUC frequently carried out selective assassinations and massacres that generated massive displacement and widespread terror in Colombia, thus leading the United States to designate it as a foreign terrorist organization. Therefore, it is unclear whether the JEP would even be able to prosecute the former leaders for their crimes if they were to be repatriated to Colombia. Allowing the United States to repatriate the former AGC leaders in the name of the “right to truth” would essentially amount to enabling them to hold the truth hostage as a bargaining chip to avoid serving out their prison sentences in the United States. If they genuinely cared about providing victims with the truth about what happened during the armed conflict, they could do so via a video recording from their current location
