Photo: Sit-in by victims of “Otoniel” in front of the Supreme Court of Justice. Inter-Church Justice and Peace Commission.

Own translation.

Supreme Court of Justice

Special Jurisdiction for Peace (JEP)

Truth Clarification Commission

Unit for the Search for Missing Persons (Unidad de Búsqueda de Personas dadas por Desaparecidas)

Bogotá, Colombia

 

Abril 7, 2022

 

Dear Sirs, Dear Ladies,

We, the undersigned organizations and individuals, are writing to respectfully request that you guarantee the rights of the victims affected by the operations of the Autodefensas Gaitanistas de Colombia (AGC), also known as Clan del Golfo.

The extradition of Dairo Antonio Usuga, alias “Otoniel”, should not happen before he tells the full truth to the victims. Previous extraditions of Colombians to the United States who committed crimes against humanity, most notably the commanders of the United Self-Defense Forces of Colombia (AUC), have resulted in slowing down judicial processes and truth and reparations efforts for the families of the victims of atrocity crimes. This has only prolonged the pain of such persons and resulted in their re-victimization. To avoid repeating these mistakes, it is essential that the responsibilities and information regarding the crimes committed by Otoniel be made known in Colombia, and that this information serves to shed light on how to resolve structural issues and guarantee non-repetition.

Our taxes for decades have contributed to strengthen the Colombian justice system, its investigation and sanction apparatus, as well as to peace in your country. Unfortunately, our taxes have also been used for a war in which Colombia has borne almost all the victims. A new failure in this sense would be the extradition of one of your nationals without a comprehensive, adequate accountability of those responsible for victimization in your country. 

Crimes such as drug trafficking, although they cross borders and are serious transnational crimes, are incomparable in their dimension to crimes against humanity and serious human rights violations. At a critical moment when the country is trying to reconcile its past and move towards peace, information on those responsible for crimes against victims of the conflict is essential to consolidate peace.

For us, it is a wrong message that justice mechanisms resolve issues of crimes linked to drug trafficking with extraditions, ignoring the fact that crimes such as those committed by alias Otoniel, which qualify as crimes against humanity, are left aside.

Disappearances, sexual violence, displacement, murders, torture, among others, have been part of practices that form patterns of extermination and discrimination against Afro-Colombian, indigenous and peasant communities. Otoniel, in its history, in various phases and roles of armed violence, whether as FARC, EPL, AUC and then as AGC, has been aware of a background that the victims claim as a right to avoid repetition of situations since the 80s until 2016 and of course until November 2021.

Today we invite the Colombian justice system to act in coherence with respect for the rights of victims, the jurisprudence of suspension and the right to peace, as it is a possibility and a real right of victims, in particular:

1) We invite the Supreme Court of Justice to suspend the extradition of Otoniel to our country until he has made an accounting with the victims in terms of truth and justice and their respective sanctions. 

2) We call on the Special Jurisdiction for Peace, JEP, to take cognizance of the victims’ request to ensure that Dairo Antonio Úsuga can deliver truth and justice in law and with their full participation.

3) To the Truth Clarification Commission, in particular, the ethnic commissioners to verify Otoniel’s aptitude towards the truth, and communicate it to the communities that have been actively participating in the Integral System of Truth, Justice and Guarantee of Non-Repetition.

4) To the Unit for the Search for Missing Persons, to make known the maps of the locations of victims of forced disappearances known to Otoniel, as has been pointed out to us by the Afro-Colombian and indigenous victims’ groups. 

Additionally, we recommend that in accordance with the cooperation mechanisms between Colombia and the United States, that Otoniel contribute to the Miami and New York Courts from the city of Bogotá.

The Colombian institutions as a whole should guarantee the life and integrity of the victims and the accused, their legal representatives, witnesses and authorities involved in the Otoniel cases. We reiterate that the truth will make peace and the cessation of extermination and discrimination of black, indigenous and peasant communities possible.

We appreciate your attention to this matter of major importance; especially since April 9 is the day of remembrance and solidarity with the victims. Please send responses to [email protected].

Sincerely,

Colombian Progressives Miami.

 

Washington Office on Latin America (WOLA) 

Witness for Peace 

 

Collective Carlos Aguila, Colombian-American Activist

Danecis Arce, Afromedios 

Norma Atuesta 

Joseph F. Jordan, Professor and Member, Southern Africa Support Project 

Andrew Moorehouse 

Carlos Naranjo, Co-fundador de Colombian Progressives Miami 

Raudemar Ofunshi Oba Koso, Activista de DDHH y anfitrión, programa Colombia Acuerdo de Paz 

Gimena Sanchez, Director for the Andes, WOLA 

 

With copy to the U.S. Embassy in Bogota, U.S. Department of State and the Tom Lantos Commission of the U.S. Congress.

Photo: Sit-in by victims of “Otoniel” in front of the Supreme Court of Justice. Inter-Church Justice and Peace Commission.

Own translation.