There is a long tradition amongst NGOs, sectors of the reformist left, trade unionists and others in Colombia that someone outside the country will save us. The saviours are the North Americans (despite their role in the conflict), the European Union (despite their role as well and that of their companies), and international institutions such as the International Criminal Court, or the mechanisms set up in the peace accord (national ones but financed internationally). So, the decision by the ICC to shut down its preliminary investigation of Colombia was like a bucket of cold water to them. But it was to be expected.
When Obama was elected as US president, various journalists and representatives of the left and NGOs announced that he would solve Colombia’s problems and now they have come back to say the same about Biden. A constant feature of this discourse of seeking a foreign saviour is the possibility of taking Uribe (not his Defence Minister, Juan Manuel Santos) to the ICC. They sold a false hope to the victims of the state that there they could obtain justice. They knew it was unlikely, as they knew what the ICC was like and its not very encouraging record in the matter.
To date the ICC has only convicted African leaders. It is not the case that these African leaders are saints or innocent, but rather that the ICC does not go after other criminals. It has procrastinated for many years on its case against Israel and has no authority to investigate the USA. The Court’s website currently indicates that it has 15 ongoing preliminary investigations, ten of them in African countries and five others in Georgia, Afghanistan, the Philippines, Bangladesh and the State of Palestine. This last case will not succeed, of that we can be certain. It has pursued a total of 30 individuals, resulting in 4 convictions.1 The ICC is the opium of the people, it has a soporific effect on people in the midst of their struggles and the NGOs promise Heaven and Divine Justice in a coming future.
There were diverse reactions to the decision to shut down the preliminary investigation. Whilst the victims of the False Positives2 criticised the decision, others such as Senator Iván Cepeda and Eamon Gilmore, the EU envoy to the peace process celebrated it. The Movement of Victims of State Crimes (MOVICE) lamented the decision, though in a very confusing manner. It continued to praise the Special Jurisdiction for Peace (JEP), when it is precisely the existence of the JEP that the ICC used as an excuse to shut down the case.3
Iván Cepeda stated that:
A direct consequence of the agreement signed by Duque’s government with the International Criminal Court’s prosecutor is that once and for all the possibility of reforming the JEP has been discarded. It puts an end to that obsessive aim of the Uribistas. A victory for the peace process.4
A few years ago, he would have denounced the closure of the case as an act of impunity and now he claims it is a victory. As the Greek philosopher Plutarch put it, Another victory like this and all will be lost. Many of us denounced the impunity of the JEP, little did we think that not only would it guarantee impunity in the trials it deals with or excludes from its remit, but that its very existence would be the perfect excuse to shut down international cases against the regime. But the peace acolytes are determined to announce their defeat as a victory.
Protestors holding aloft photos of those murdered and disappeared in a march in Bogatá on the 6th March, the Day of Victims of State Violence. (Photo credit: GOL).
It seems that Senator Gustavo Petro didn’t have much to say about the matter and neither did Senator Alexander López. Piedad Córdoba, however, echoed the statements of Iván Cepeda and said:
They took issue with the JEP and tried to cut its budget, discredit it, dirty propaganda and all in order to cover their own backs. Today the ICC forced the government to strengthen it.5
It is clear that there are those who in the name of peace would justify any defeat, including a defeat of a proposal they themselves promoted. So, the ICC will not proceed against Colombia, but relax, we have the JEP where the military who, unlike the guerrillas, do not have to tell the whole truth about their crimes and where the businesspeople are excluded.
Of course, the president of the JEP, who once upon a time was the NGOs’ favourite said that he was very pleased with the ICC decision. According to Cifuentes the closure of the investigation against Colombia is a victory won by the JEP,6 i.e. those who for many years talked about how the ICC was going to put the Colombian State in its place, now tell us that the fact the ICC will not proceed against Colombia is a victory.
I really find it difficult to understand their logic, or better still I can’t understand their shamelessness. In the name of their pathetic peace accord, they justify everything and describe it as a victory. Poor Plutarch. If he had to deal with the leaders of the supposed left in Colombia today he would have been more vulgar, but he died many centuries ago, so allow me Plutarch: Another victory like this and the turncoats will be making money like never before.
So, to answer the question posed by this article, who will save us? The answer is no one, or rather, the Colombian people will save themselves, there are no international institutions, nor presidents in other countries who are going to fix the crisis that country has suffered for decades. The only ones who will put Uribe, Santos, Pastrana, Samper and the others in jail are the Colombian people.
Next year is an electoral one and some of those who told us the ICC would do miracles and now celebrate the slap in the face it gave to the victims, will be candidates. They will promise a thousand miracles and when some foreign institution or president says no, they will celebrate it and try to convince us that the defeat was a victory. Changing the saying by Mao, they go from victory to victory to final defeat. Plutarch is as relevant today as ever.
In the midst the protests in Colombia the press can be heard denouncing the vandals and various politicians from the left and right have echoed these criticisms in one way or another. The headlines speak of the destruction of private property and in some cases they try to mark a distinction between what they say is legitimate protest and vandalism.
The word “vandal”, means someone who commits acts pertaining to savage and destructive people and is who destroys a public asset or installation. Other definitions speak of destroying or damaging what is beautiful. It should be said that the Transmilenio mass transport system stations are not one bit beautiful. But should the youths be ashamed or proud of being called vandals?
We should look at the origin of the word. The first vandals were Germanic tribes that in 455 A.D. attacked and sacked Rome carrying away great riches and also destroying buildings, amongst them the Temple of Jupiter, though there is some dispute about the severity of the destruction of the city. However, they went down in history as the vandals who destroyed that city. The more modern use of the person who destroys public assets or private property or damages what is beautiful dates from the middle ages and its use is widespread nowadays.
Of course when Vicky Dávila and other right wing journalists speak of vandals they are not talking about Germanic tribes, or at least that is what we believe, though with Vicky even drug traffickers, paramilitaries and corrupt politicians are decent folk, so one is never sure about the meaning of the words that fall from her lips like the Police stun grenades.
But words and their meanings are not set in stone. Some words enter a language and in short time fall into disuse, others last for centuries and some come back to life when least we expect like when Kim Jong-un’s translator used the word “Dotard” to describe Trump. That word hadn’t seen the light of day since the US Civil War in the 19th Century. Other words simply change their meaning, sometimes slowly and on other occasions they do so more abruptly.
The press has used this word so often to describe and disparage the social protests that we may be witnesses to another change in meaning. The bourgeois press has emptied the word of any meaning and now in the marches people can be seen with placards that say Vandal’s Honour and in social media there are memes doing the rounds on the subject. One of them says “The country turned upside down and this one says, what are you and I? Well, vandals my love.” They used the word so often to describe any act of rebellion, nonconformity or to and try and shut down and discredit the demonstrators that it has lost its power, its meaning. Now it is a badge of honour for many. Vandal no longer means a savage destructive person but rather a person who fights to be heard, for justice. A vandal is whoever fights against Duque, neoliberalism and poverty.
The word is changing its connotation and once again it is closer to its original meaning, a tribe that defied an Empire, although in this case the Colombian emperor seems more like the Emperor Nero (54-68 A.D.) who played on his Lyre whilst Rome burned than the poor Petronius Maximus who only lasted a few weeks in power. Duque doesn’t play the Lyre but rather the Guitar, but there he is and Nero’s regime was one of extravagance, waste and tyranny and Nero in the middle of it all playing on his Lyre.
The sacking of Rome in 455 A.D. was the third sacking that the city suffered. There were a further five sackings after the Vandals. It should be remembered that the Vandals sacked the capital of a decadent Empire that deserved to be extinguished.
So as the meme puts it, ask the question, what are you and I? And answer:
We are Vandals my love, we damage the hated system of mass transport built with public funds legally stolen to set up a private transport business which to top it all takes 94% of the profits of a business and barely contributes a penny to its own maintenance.
We are Vandals my love, we destroy banks that receive more subsidies from the state than the poor who are denied loans by these banks, which don’t hesitate for a single moment to confiscate the houses of the poor.
We are Vandals my love, who in the face of the lives and censorship of the bourgeois press make our smothered voices reverberate on the walls of the city. Who needs Twitter when you even the poorest can see the walls?
We are Vandals my love, who in the face of the attacks by the Police throw rocks at them that are found all about the place in the poorly built public infrastructural projects, in a country where the thieves don’t know how to build a pavement and where half the bricks are badly placed.
We are Vandals my love, we fight against a decadent government and system.
We are Vandals my love, and our favourite letter is V:
V for Vengeance on the rich that kill us, rob us and lie to us.
Iván Ramírez was the last of those arrested for the Andino Case to be freed by the Colombian authorities after spending almost four years arrested as part of the legal frame up. I spoke to him a number of weeks after his release.
Iván graduated from the National University as a sociologist and before his arrest he worked for the National Centre for Historical Memory (CNMH) as part of an accord with the official German international aid agency GIZ. His work consisted of carrying out workshops to collate information on the murders and massacres committed against members of the Unión Patriótica in the department (administrative area) of Meta in order to build a Memory Centre in the city of Villavicencio. This centre was never built and when his house was raided the Police took various files collected as part of his work. He also worked on the issue of the infamous Massacre of Trujillo, carried out by the Third Division of the Army whose boss, not to say capo, Manuel Bonnet Locarno would become the highest commander of the State’s armed forces. There was a chance of continuing to work with this body, but his arrest put paid to any hope of a new job with them and he went on to be part of another nefarious chapter in the Colombian State’s war on its own people.
“At that time, I didn’t think about it, but neither was I unaware that the activity I was engaged in — e.g. academic or professional life — could have certain consequences. Well, looking at our national history and context, you realise no one is immune from ending up in prison or being murdered for political reasons. So I never thought I would end up being part of a judicial frame up. Obviously in the context that one looks at the background and cases of other people that were also sociologists who had been victims of frame ups, well it was always possible, but it wasn’t on my mind.“
Prior to his arrest, two of the people he had known in Meta in the context of his work with the CNMH were murdered. Little did he know that in a short time he would go on to be part of the sad story of the dirty war against social fighters and the judicial frame ups. Neither did he know that documents related to his legal work with a state body would be presented in court as evidence against him. Almost every researcher of the Colombian conflict has a copy of the report ¡Basta Ya! (Enough!) published by the CNMH.
It was not the only document that they took from his house as evidence.
“There were also texts on the history of the insurgencies that are also academic works in Colombia and in the hearing they were introduced, as propaganda texts when when they were really academic documents and there was one on the Quintin Lame armed movement which was also published by the National Centre for Historic Memory. They are publicly available documents and as a professional you have to study them.“
A prosecutor has to be really stupid or desperate in the face of the weakness of his case to introduce such documents in a trial. Amongst the credits for these documents are the name of ministers and high-ranking politicians such as Germán Vargas Lleras, Angelino Garzón the former Vice-President of the country and the publication was financed by the European Union, the Spanish Embassy and the official wing of the US government USAID. It would seem that the Prosecutor saw subversives everywhere. Though it should be pointed out that this type of manoeuvre is common and there are many cases where the prosecutors introduced widely published books as evidence. It would seem, on occasions that the prosecutors have not even read the Penal Code, less still would they read literature or sociological texts.
The evidence against him was not the only farce, his arrest seemed like an episode of Key Stone Cops.
“I was arrested four times. The first time was in Bogotá on public transport. I was going to meet my partner at some workshops she was doing to start working at Compensar. I was in a public transport bus at about four in the evening, I was going towards the centre. I was in the bus and some motorised cops stopped the bus. They took three people off it. They asked for our I.D. and they gave the I.D. back to the two others and let them go. They detained me under the pretext that I was supposedly a burglar. There was a white van behind the bus and one of the cops told me to get into it and that my accomplice was in it. When they opened the van, there was a very suspicious looking guy inside and the first thought that went through my head, was that they are going to do something to me, kill me or disappear me.“
He didn’t want to get in the van and told the police that he didn’t trust them, but even so, they took him to the Police Station as a suspected burglar and moved him from one place to another at all times as a suspected burglar. At last they took him in handcuffs to his apartment, whilst they interrogated him about his family. When he got there two secret police officers turned up to search his home.
“They went into the house and went through absolutely everything. It began at 7.30 P.M. and lasted till 2 A.M. It was an irregular procedure, when house searches are carried out after 7 P.M. there must be a representative of a supervisory body present and there wasn’t. In the preliminary hearings, I was freed due to the illegal nature of my arrest.“
He went to Sasaima, a county in Cundinamarca, near Bogotá, seeking some peace and quiet, but the nightmare followed him there and he noticed the presence of plain clothes police following him and hanging around the town, which made him anxious as the difference between a plain clothes police officer and a paramilitary is one of opportunity and convenience. In this second arrest he was presented to the media as the worst terrorist. He was called alias The Taliban (1), perhaps a reference to his physical appearance or a play on words with his name, but as they later acknowledged this nickname was invented by the police themselves, but it was not the only stupidity in the case. When he shaved, this was presented as evidence of his presumed guilt by trying to change his appearance. The process against him is a complete farce from start to finish. But as a result of it he spent almost four years in prison and during his imprisonment his daughter was born and he could only see her during normal visits, once a fortnight. The searches and treatment were the usual ones, a Colombian prisoner receives no special treatment for being the father of a newly born child, “to them, even if the person is blind or is paralysed in 90% of their body, they are just another prisoner”.
As a sociologist Iván well understands the problems of the country and the rampant inequality. His experience in the prison confirmed that. He saw the luxuries enjoyed by some and the poverty of others depending on the wing they were held on. When he was in the Modelo Prison, for reasons unknown to him, he was transferred to Wing 3. There he saw another prison world.
“You see how people with money live inside the prison with lots of privileges whilst there were other prisoners who had nowhere to sleep, they had to make do with cardboard, no food. On Wing 3 there was a lot more space and a library, it was impressive, a very good coffee shop and very good workshops. There was a good gym, it was big with gym machines, not just free weights and ovens to cook with.“
CAPITALISM WITHIN THE JAIL
Of course, on Wing 3 there were various high level prisoners, from the Odebrecht case (2) and also from Interbolsa (3). It could also be seen in that some of the cells cost up to 12 million pesos (3000 euros), in addition to the monthly rent. Property speculation takes place inside the walls, especially where there are prisoners of that ilk. Capitalism doesn’t stop at the gate, but rather it reproduces itself within the prison system.
Iván was the last one to be freed. As happened with the others the Prosecutors sought out judges in their pockets to justify the unjustifiable, and between those manoeuvres and the lethargy of the prison service in obeying orders, he was imprisoned over and again without ever really stepping out into freedom. In one of his rearrests a Prosecutor from Popayán legalised his arrest in a court in Medellín when the criminal case is in Bogotá and then they applied a law passed after his first arrest and the events. Although he did hold on to some hope, he knew that in Colombia many judges are not objective and don’t always make findings in law, causing him to despair, as happens with many prisoners in the country, who are unjustly imprisoned, at the mercy of the whim of the judge on duty, or as happens with many, they lack the money to hire a good lawyer.
After his last rearrest Iván did not go back to prison, instead he was held for various months in a Police Station, a place of detention which is supposedly temporary, although there are people held in them for up to a year or more, in places like that where the conditions of imprisonment are worse than in the jails, if that were possible.
“In that Station, overcrowding was at 100%. For example, in the cell I was in, it was very small, about 3 x 8 metres, or something like that and there were more than 100 people held in difficult sanitary conditions, you had sleep on top of each other and you couldn’t stretch. You spent the day sitting down, there was no way to walk or exercise. The food was also rancid and you had to eat it.“
His view of a certain class of prisoner changed having seen how some of them also fought for their dignity. “The kid who sells drugs, the bloke who robs buses and others, are sometimes classed as worthless people, but it is simply the circumstances that bring people along a different path and that shouldn’t be judged but rather understood in all its complexity.”
Iván, the sociologist lived through a field work on the injustices of the legal system, the dirty war in Colombia, poverty, inequality that no one wants to go through. His passage through the halls of injustice have not quenched his thirst for knowledge and like his fellow accused in the Andino Case he continues to be committed to a better future for this country.
In Colombian Spanish, “that guy Ivan”, el tal Ivan, pronounced the same as “the Taliban”.
Interview of framed ex-prisoner awaiting trial by Gearóid Ó Loingsigh
(Reading time: 8 mins.)
In June 2017 a bomb exploded in the Centro Andino shopping centre in the north of Bogotá, Colombia, cutting down three people. A few days later the police arrested ten youths for their supposed participation in the attack, amongst them Lina Jiménez, an arts student, whose photo went viral. These youths all had something in common and it wasn’t their participation in the attack but rather that they were all friends.
We all met in the university, as we studied together. Some of us studied Law, Politics and others Sociology. I met some of them in optional classes were we coincided. We had a common position on the defence of human rights and the student movement, we met in one or other coffee shops, assemblies that took place in various parts of the university.
Friends to the point that six of them were arrested together a few days after the attack whilst on holidays in the El Espinal area. The precise moment she was arrested was the first time that Lina became aware that the Prosecutor had issued an arrest warrant for her.
I was on holiday in El Espinal and we were going to meet up in a spa resort. In El Espinal there are some festivals for Saint John’s and Saint Peter’s day and that is why we were there and I was in a taxi when various cars surrounded us and stopped us. Then they took me out of the car and officers from the Special Operations Group (GOES) and the Judicial Investigative Police (SIJIN) read out the arrest warrant. They never showed it to me or read me my rights.
It wasn’t just any order. The weaker the State’s case the more need it has to make it appear solid and to show the dangerousness of the detainees.
We were taken to the main police station in El Espinal. There were loads of them, all those that took part in the operation. Later on, one of the police officers who was guarding us said that they had around 1,200 officers involved in our capture in El Espinal. It was basically full of police officers.
We don’t know whether the figure of 1,200 officers is correct or not, but there is no doubt it was an enormous operation. I asked her jokingly whether such a disproportionate and unnecessary deployment made her feel important. She laughed and said no
That didn’t make me feel important, what made me feel important was the flight, as they brought us in a plane from El Espinal to Bogotá. They took us to the police station, searched us, took our prints and whatnot. They never said it was for terrorism. I was told it was for conspiracy, we were only told it was for terrorism when we got to Bogotá- They took us out of the station well guarded with motorbikes, cars, loads of officers and they took us from Flandes airport to Catam [Military Airport].
As Lina herself acknowledges such an operation was a bad omen for any detainee, even when innocent. When they took her to the airport she knew nothing good could come of it, that the State was going all out against her and would do everything possible to show results in the case and they charged her with terrorism, conspiracy, homicide and attempted homicide with a possible sentence of 60 years.
When we were being taken to the airport in Flandes, I said to myself, this thing is not so that they invalidate our arrest. If they are setting up such an operation to get some people on holidays, they are definitely not going to let us go. Regardless of whether we did it or not, these people are going to convict us. To see how they organised the truth, leaves you feeling powerless.
In fact, later she found out when she could read the press that they had already convicted her, that both state functionaries and the press had declared that the guilty ones had been captured. They published identikit pictures of some of those arrested that matched them so neatly they seemed to be photos, but they did not match the statements from the witnesses. The identikit photos had been prepared days before the attack.
Little did Lina know when she was arrested the legally doubtful manoeuvres the State would resort to, re-arresting her three times in contravention of court orders to free her. The State sought out judges in their pocket to legalise what was illegal and to justify her re-arrest and even open up another slightly different case against her. Amongst the manoeuvres of state was the harassment of the relatives and attempts made to force them to give information or testify against other detainees.
The strategy did not work when it came to the relatives, but one of the detainees, Natalia Trujillo, could not withstand captivity and the pressure on her and handed herself over to the State, reaching an agreement with the Prosecutor which consisted in her not serving any time in exchange for her false testimony against her friends and fellow students. It was a potentially serious blow in the legal case, but it was also a hard knock in personal terms. You could understand bitterness in a case like this, but when Lina speaks of her former cell mate, there is no trace in her voice, but rather of pain and also an understanding of how a person could break like that.
You feel enormous hurt, you just don’t expect that to happen, especially as we went through this process together, together we experienced what was happening, together we felt the same pressure from the State and what happened to her is sort of like that. We all have different ways of dealing psychologically with this type of severe pressure. It is no secret that the State seeks to weave its own truth and as part of doing so it resorts to these type of situations, to push people to their physical and psychological limits that they end up saying things that are not true. It was really hurtful.
Natalia suffered the legal process for more than two years, but in August 2019 she turned up testifying against Lina and other people linked to the case.
As I said, we don’t all have the same capacity and I can’t say that I didn’t feel pain nor exhaustion during all of this process, because it was really severe and there are days you just don’t want to move an inch. I believe in the power of love and I really believe that solidarity also picks you up and saves you from many things. When you are down the other person picks you up and you pick them up, there are series of bonds which are built and that pushes you forward, but we don’t all have the same capacity to say ‘right I can take a little more of this’.
Perhaps, Lina was stronger and she showed that in a photo that went viral. She is seen with her hands tied behind her back leaning in towards a journalist, seething and shouting. I asked her about that photo, as in person she is nothing like that, but an arrest is not a normal situation for anyone.
We were in the station in Puente Aranda and it has to be said that it is a horrible place. It was a complicated situation, we had nowhere to sleep. I hadn’t a clue about the hearing to legalise our arrest, that was explained to me the next day and we were heavily guarded. We left Puente Aranda in an armoured car with police vehicles surrounding it. We got there and the armoured car took a while in getting us out. When I got there I saw relatives and some friends crying, I could see their deep pain in the midst of all the rage and impotence and they were very quiet. I felt the need to say it wasn’t true, that this was about something else.
Of course, they had told me ‘You’re to keep your mouth shut’ and in that moment I felt I couldn’t let this go… You feel a rage for your own life, but also seeing your family subjected to such complex situations, that the police push them around. We were walking and there was a lot of press there and we were guarded by the police and they didn’t want us to talk. So as soon as I got down out of the armoured car I started shouting that this was a judicial false positive that this had got to do with electoral interests at the time, that is was part of the Uribista strategy. I started shouting that and that photo was taken when I was going up the stairs and a journalist from City TV came up to me and I was really upset as whilst I was shouting a policeman tried to push back the journalists and he shouted at me ‘shut up, shut up, don’t say anything!’ Obviously that was like winding me up more. Looking back on it, it would have been very different had we remained silent.
And that is certainly the case. In the entire process none of those arrested bowed their heads, they have even appeared in videos from the jail, some have written articles and others were even spokespersons for prisoners in prison protests. Unjustly detained, but not defeated.
All prisons try to crush the individual, to break them, to take away their dignity, their sense of being alive. Colombia’s prisons are no different in this matter and in fact various problems such as overcrowding and poor health and educational services make the situation worse still. Being a political prisoner can be dangerous, but when the numbers allow for it, being part of a prisoners’ collective has its advantages. Lina was taken to the Good Shepherd Prison (Buen Pastor) in Bogotá and following her processing she was placed in the political prisoners’ wing.
It is very interesting, because when we got there, the last political prisoners of the FARC were beginning to leave, we were eight days in the police station and they put the fear of God into us, that ‘you are just posh kids and in the Good Shepherd prison they are going to rob you and attack you.’
But when we go to Wing Six, the political prisoners really surprised us, they had cleaned our cells, clean sheets, everything was organised, they had hot soup, coffee, toilet paper and other things. There were around 34 prisoners from the FARC and the ELN. After a while the FARC prisoners were released and social prisoners began to arrive and it was very different. As it was a high security wing, people connected to the drugs trade began to be put in it. There was a complete change in the atmosphere as their money could be seen, they paid for whiskey to be brought in, which when the political prisoners where there, that didn’t happen. When the social prisoners came, it was different, a huge change.
Although states usually try to treat political prisoners as common criminals, they are not and it can be seen in how they organise in prison and how they relate to the prison authorities. And to form part of a collective had, as Lina saw when she arrived, certain advantages for own safety and well being.
The prisoners had outside support and they reported things, the guards called Wing Six the wing for the complaints as we were always reporting to the Procurator, the Public Defender’s Office etc. The Director consulted the prisoners about how to do certain things. Meetings were held with the Director. This didn’t happen on other wings; they didn’t take the prisoners’ views into account. The political prisoners won a space, these were not concessions from the prison authorities, but rather they were won through protests and even hunger strikes over the years.
But it is not just people like Lina who suffer the effects of judicial frame-ups, but also their families, especially when they are accused of a crime such as the attack on the Centro Andino. The State harasses the relatives and tries to put pressure on them as part of its legal strategy.
There is an enormous pressure put on our families as well as the social stigma. In my case, when I was captured, they were raiding my home at the same time and it was severe as I live on a main avenue and they closed the entire avenue off, there were armoured cars, and at least ten anti-explosives vehicles and a huge number of police officers and everyone was asking, what happened? And since my release, they haven’t stopped following me and taking photos and there is a permanent presence of plainclothes cops.
To her, the case and other processes against other students are state strategies to defeat the social movement and hand down exemplary sentences as a warning to all those who think differently and want to change the country. The legal cases try to break grassroots processes and the detainees themselves. In her case, it didn’t work that well.
To see the misery of this system in the flesh makes you understand and treat this space as another space for political struggle. In the legal process itself and the prison, you see the system so cruelly unmasked because this can only be done by people who have no respect for life, for humanity, for nothing. You feel you have to continue struggling for what you believe in, for life. This system has been in crisis for a long time and I left the prison and we are in a pandemic, we face a very complicated situation which is not far removed from the logic of the system. In this system there are humans who are in the top category and then there are those who are not in any category. And my position and that of my friends in the case, is the type of position that has to be hidden out of view and that is the role of the prison.
You see the State’s aim take shape, to continue suppressing and depleting the movement because, amongst other things that is one of the tools in creating the idea that there has to be an exemplary punishment that has to be handed down and it seeks out the tools to rob people of their humanity.
Although Lina and the others unjustly arrested for the Andino Case are at liberty, the legal case against them continues. It is to be hoped that the judges make a finding in law, as has already happened in the case of Mateo Gutiérrez who was also accused of belonging to the same organisation that supposedly carried out the attack and he managed to demonstrate and prove his innocence. But in Colombia justice limps along and sometimes never gets there.
Two soldiers, Jhony Andrés Castillo Ospino, and Jesús Alberto Muñoz Segovia, fell into the hands of the ELN (Army of National Liberation in Colombia — Translator). Their capture produced the same reactions as always, they were referred to as ‘kidnapped’ when in reality they were prisoners of war. When the ELN gave proof of the soldiers’ survival, the criticisms did not end. When they were released, one would have expected everyone to be happy. But it turns out not to be so, it seems that the worst act of the ELN is to release soldiers safe and sound and also with a friendly attitude.
In this case, the press was upset at the release. It seems that a tragic outcome was preferable, that two dead soldiers would have been a better option than two soldiers released alive. But of course, as in the case of witnesses and false positives, the living speak and what they say can be uncomfortable.
The survival video has elements that could seem like a setup, in the sense of the soldiers’ statements, since they say favourable things about the ELN regarding their treatment of prisoners, etc. Well, the captured soldiers are not used to speaking in front of a camera so formally, although the truth be told if we are honest, the most objectionable thing about that video is the music that the ELN plays in the background. It is well known that the quality of the ELN’s videos depends on the group that produces them and the producer in charge and, although there are good productions, they are not always the best, but in the end they are a guerrilla group, not an audiovisual production franchise.
But when the soldiers were released, they were able to speak freely, and production depended on those who earn their daily bread by producing news. However, it backfired. The soldier Jhony Andrés spoke to the media and said that he was happy to be able to see his family, something that incidentally is worth noting in that as a professional low-ranking soldier, that is something he does not do very often even when he is free, because they give them just a month to see their families. The other 11 months of the year are spent kidnapped by the death machine called the Colombian National Army.
But if they had stayed with his comments about his desire to see his relatives, everything would have been fine. But no, because Segovia said that “I feel happy about the time I spent with those people, when we talked, we chatted and also the good treatment that those people gave us”. 
But as reported by the press, Jhony Andrés Castillo Ospino went beyond referring to simple good treatment.
“The truth is that they treated me well from the beginning, so that I felt like being close to them. The truth is that I have nothing to say, like something bad, that they treated me badly, “said the soldier.
Later, when asked how he felt about seeing his relatives again, he replied: “The truth is, happy, happy, but at the same time sad because I was already getting to like them,” he said (referring to his captors — Trans). 
And the cited article points out, “It is possible that the soldier was presenting Stockholm syndrome that generates affectivity with the captor in defenceless situations.”  Of course, the only explanation for his (Ospino’s) statements is that he fell into Stockholm syndrome, there could be nothing else. First of all, we must clarify that this syndrome is contested among mental health professionals. It doesn’t really exist, it is a fiction. The psychiatrist, Nils Bejerot, who invented the condition is a promoter of many reactionary theories of crime and jail such as zero tolerance for drug use, that is, the mass incarceration we have seen of poor blacks and Latinos in the US. He stresses the individual’s responsibility for any crime. When in 1973 three women and a man were taken hostage inside a bank, he went to work with the police in negotiations. As the hostages showed some sympathy towards the assailants, he explained it as a medical syndrome, the Stockholm Syndrome, as it cannot be explained otherwise. How could they understand the kidnappers at the bank!
Bejerot discards any concept of empathy, recognition of a shared humanity, and of course that even a person attacked by another, can recognise that his main real enemy is yet another and would not be in the situation in which he is if it were not for greed of capitalism and that a person, even suffering the violence of a criminal, can see in his aggressor his peer and not his enemy. Bejerot, more than a mental health professional, is an apologist for the reigning individualism of capitalism, where there is no society only individuals.
Now the young soldier is another sick person because he found that the ELN do not eat new-born babies, they do not torture captured soldiers and that he received better treatment as a prisoner of the ELN than in the Army where he participated “voluntarily”. He saw his fellow men, and received good treatment.
Where one received the worst treatment is when one is presented as a false positive by the Colombian National Army, or where they are tortured or disappear. But that did not happen to the two soldiers. That does not happen with the soldiers who fall into the hands of the ELN, that only happens with those who fall into the hands of the National Army. If there is the misnamed Stockholm Syndrome, it is with the millions who vote for Uribe, those who voluntarily enter the Colombian armed forces and not those soldiers who, after seeing the reality of the country, come out with statements in favour of the insurgency, the ELN, which does not propose to torture or disappear anyone.
Leave your dubious syndromes behind and recognize in that soldier the reality of those who fight on one side and on the other. But at the same time, we must say clearly that the future of that soldier is not good. Either they force him to recant, or they kill him themselves in “combat” to be able to tell the country “look what the ELN is doing.” In any case, the life of that soldier is already in danger, not because of those who captured him but because of his supposed friends from the Colombian armed forces and the press. If I were him I would looking at retirement and even exile in another country, perhaps among those other demons and monsters of Venezuela.
— BOGOTA — The recent election of Joe Biden as president of the U.S. has been met with a round of applause from left reformist currents in Colombia, some even eager to claim Biden as one of their own. Underlying such praise is the notion that the Democrats are more progressive and will treat Colombia fairly, or at least better than the Republicans. There is no evidence on which to base such a claim.
Historically, some of the greatest blows to Colombia have come from Democratic administrations, starting with the smiling, handsome, charismatic JFK, whose policies left few smiling in the country. It was under JFK that two U.S military delegations visited the country and made recommendations that the Colombian state set up armed civilian groups, which are now commonly referred to as paramilitaries. By 1965, Colombia introduced legislation to give effect to those proposals and thus began a long sordid history of the state setting up death squads and providing them with legal status.
Of course, JFK was a long time ago, some would argue, though obviously no Democrat would countenance publicly criticizing him on such matters. Many of those who rushed to endorse Biden are unaware of this aspect of their history, but not so, the leading politicians such as Senator Gustavo Petro, a former mayor of Bogotá and the most successful left-wing candidate for the presidency ever. They are only too aware of the history of paramilitary violence in the country, yet prefer to ignore it on the altar of realpolitik.
The most recent embodiments of charming, handsome U.S. presidents also get a free pass now, just as they did when they were in power. Bill Clinton is perhaps the most notorious of recent U.S. presidents whose policies can be measured in bodies, forced displacement, and the mass destruction of the environment through the aerial fumigation of coca crops. Clinton was the architect of Plan Colombia, a massive supposed anti-drugs policy, which strengthened the Colombian military and under the guise of a concern for public health helped the Colombian military gain the technical and logistical capacity to wage war, including the expansion of paramilitary units throughout the country.
Plan Colombia was of course, implemented by George W. Bush as Clinton finished his second term shortly after concluding the agreement, a sign that policy on Colombia has always been bipartisan. When Clinton announced the initiative he lied. He stated that the motives were public health ones and that cocaine was killing 50,000 people per year in the U.S., when at the time the CDC put the figure for all deaths from all drug abuse, excluding alcohol and tobacco, but including legal pharmaceuticals at just over 15,000. Alcohol alone doubled that figure. The ruse worked and Congress passed Plan Colombia, thanks in part to Biden, who fought for the plan in the Senate Foreign Relations Committee. Clinton finished his term with controversial presidential pardons, including Marc Rich, but in Colombia, he is remembered for his clemency deal with Harvey Weinig, a U.S. lawyer convicted of laundering $19 million for the Cali Cartel. Whilst attacking impoverished farmers, he indulged the wealthy individuals higher up the chain.
Thanks to the Plan, paramilitaries swept through the country taking over, not only rural areas, but some major urban centers. The Colombian military was in a position to aid them in that and also hold on to those areas, once the dirty work had been done. Their first targets were areas of military and economic strategic importance, with gold and oil deposits and also areas that were earmarked for major transformations in the rural economy. As part of this drugs initiative, peasants were “encouraged” to switch crops. Plan Colombia financed major agribusiness projects, particularly African Palm, and in preparation for the Free Trade Agreement that would be signed under Bush but come into effect under Obama, the country geared its agricultural production toward export markets and opted for importing basic food staples such as rice, beans, and cereals. For example, corn imports from the U.S. began to decline notably from 2008 onwards, but once the FTA came into force in 2012 under the Obama administration, the year of the lowest amount of corn imports in a long time, they quickly increased and by 2016 almost doubled the figure for 2008. By 2018, 80% of all corn consumed in Colombia was imported and barely 20% was produced nationally.
Thanks to Bill Clinton and Obama, Colombia is now one of the major recipients of military aid. Between 2001 and 2019, it received $9 billion in aid, just over 66% of it under the guise of anti-narcotics aid. All anti-narcotics operations in Colombia involve the deployment of ground troops following the strafing of farms by helicopters, displacement of peasant farmers, threats and not infrequently the murder of leaders in the areas. Furthermore, many of these soldiers involved in operations were trained by the U.S. In the same period, 107,486 Colombian military personnel received training from the U.S., making it the largest recipient of such training followed by Afghanistan.Both the aid and training reached their peak under Bush, as part of Clinton’s Plan Colombia, but continued steadily under Obama, though government to government and private arms sales peaked under Obama.
Nothing could stop Biden and Obama from backing their murderous ally to the south, not even the False Positive scandal. The so called False Positives entailed the luring of young men to rural areas with the promise of work, who were then dressed up in military uniform and executed and presented to the media as guerrillas killed in combat. Amongst the victims were impoverished working-class men, children with cognitive impairments, and even included the kidnapping and murder of professional soldiers recovering from wounds received in combat. The scandal broke in 2008, following the murder of 22 young men from the city of Soacha.
In his preliminary report the UN Special Rapporteur Phillip Alston stated: “But there are two problems with the narrative focused on falsos positivos and Soacha. The first is that the term provides a sort of technical aura to describe a practice which is better characterized as cold-blooded, premeditated murder of innocent civilians for profit. The second is that the focus on Soacha encourages the perception that the phenomenon was limited both geographically and temporally. But while the Soacha killings were undeniably blatant and obscene, my investigations show that they were but the tip of the iceberg.”
He did say they were widespread but not official state policy. However, every soldier who killed one of these young men was paid a bonus by the then Minister of Defense, Juan Manuel Santos, who would become president in 2010. Santos enjoyed the support of Biden and Obama during his tenure and although he began peace talks with the FARC guerrillas in 2012, his regime never stopped murdering social leaders. From 2012 to 2018, 606 social leaders were murdered; there were a further 3371 other acts committed against these leaders, including threats, displacements, and prosecutions. None of this caused Biden or Obama to express their concern. It was business as usual for them. The total number of False Positives is now calculated to be in the region of 10,000 youths, and despite Alston’s diplomatic statement that it was not official policy, no one buys that. We are not even sure whether Alston himself could stand by that statement, outside of his role as a UN diplomat.
It is true that the current regime in Colombia, under Duque, is but a mere remold of the Uribe governments (2002-2010), and the situation has deteriorated in the country. Duque openly backed Trump, and Colombian government officials illegally intervened in the U.S. elections, calling for votes for Trump in Florida. So brazen was their involvement, the U.S. ambassador to Colombia, Phillip S. Goldberg, publicly warned them against campaigning. There may well be a reckoning of some sort with Duque on this point, but it is unlikely that there will be any major change in policy towards the country.
Duque may well be publicly chastised by Biden and given a few well-placed mediatic slaps across the face. It will be mere window dressing. Prior to the implementation of Plan Colombia, Clinton sought and obtained the disbandment of the Colombia’s notorious XX Brigade; charged with intelligence and counterintelligence, it was an exercise in public relations. It did not affect intelligence agencies’ role in the murders, torture, forced displacement, and disappearances, nor the spying on left-wing politicians and human rights organizations, which continues unabated to the present day. On Colombia, the Democrats are very media friendly and good at dressing things up.
The war on drugs is likely to continue in one form or another, and though some left reformists hope that Biden will pressure Duque to restart the stalled peace process with the ELN guerrillas, it is unlikely. During the talks with the FARC, Biden and Obama wouldn’t release from a U.S. jail the FARC commander Simon Trinidad, in jail for his supposed role in the capture and imprisonment of three U.S. Dyncorp mercenaries. The ELN do not represent the same military threat that the FARC did. They are less militarist and much more political, and any threat they may represent is in the political arena. But they have long attacked U.S. companies and oil pipelines, and such attacks may be used as an excuse for further increases in military aid and greater involvement in the conflict. U.S. troops are already involved in the protection of the Caño Limón-Coveñas pipeline as it passes through the ELN stronghold of the department of Arauca. It will be very much business as usual under Biden.
Top photo: Protesters march against President Iván Duque’s policies, including police brutality and disappearances of political activists, in October 2020 in Bogotá. (Louisa Gonzalez / Reuters)
(Published elsewhere earlier in December, including Red Line; published here with author’s permission and section headings, photo choices (except one) and intro line are by Rebel Breeze editing)
The issue of drugs is one that is never far from public discourse on the Colombian conflict. Biased or just simply lazy journalists use the issue to ascribe motives for an endless list of events, massacre and murders. It is true that drug trafficking has permeated all of Colombian society and there is no sector that has not been impacted by it. But not everyone in Colombia is a drug trafficker. However, once again the King of Clubs is played to describe the conflict in terms of a drug problem.
Several Colombian newspapers have recently published articles on the supposed relationship of the guerrillas of the National Liberation Army (ELN) with drug trafficking and there are already eleven commanders who are under investigation for such crimes and are sought in extradition. They talk as if the ELN dominated the drugs trade, and talk of settling of accounts over drug money, as if they were a crime gang, instead of saying that the ELN takes drastic measures against its members who get involved in drug trafficking and that those internal executions are due to the indiscipline and betrayal of principles of some people and are not an internal dispute over money. Of course, the ELN in an open letter widely distributed on social networks and alternative press, denied any links to the drug trade. But, how true is this new tale? Before looking at the accusations levelled against the ELN it is worth going over the history of drug trafficking in Colombia and the reality of the business in international terms.
POLITICIANS, GUERRILLAS AND BANKS
Let’s start with the obvious. When the FARC and the ELN were founded in 1964 drug trafficking was not a problem in the country and there were no large plantations, i.e. the existence of the guerrillas predates the drugs trade. Later in the 1970s the country went through the marijuana bonanza on the Caribbean coast, but it is the emergence of the large drugs cartels in 1980s around the production of cocaine that would define forever the shape drug trafficking in the country would take. Up till the 1990s the country was not self sufficient in coca leaf, even though it was the main manufacturer of the final product: cocaine. Escobar was dead by the time Colombia achieved self sufficiency and it is in that context that the discourse of blaming the FARC for the drugs trade gained ground, completely ignoring that the main narcos were the founders of the paramilitary groups. One of the most notorious paramilitary groups in the 1980s was the MAS (Death to Kidnappers) founded by the Cali Cartel and other drug traffickers in response to the kidnapping by M-19 of Marta Nieves Ochoa a relative of the Ochoa drug barons.
That discourse, however, was useful in justifying Plan Colombia and there was an element of truth to it, but not that much back then. The FARC’s relationship with the drugs trade has not been static and has evolved over time. Almost everyone accepts that they began by imposing a tax on the production of coca leaf, coca base or cocaine in the territories they controlled. The initial relationship changed and the FARC went from just collecting a revolutionary tax to promoting the crop, protecting laboratories and even having laboratories of their own and in some cases, such as the deceased commander Negro Acacio, got directly involved in the drug trade. There is no doubt on the issue. But neither were they the big drug barons that they tried to have us believe, those barons are in the ranks not just of the Democratic Centre but also the Liberal and Conservative parties. It is forgotten that Samper’s (1994-1998) excuse regarding drug money entering his campaign’s coffers was and still is that it was done behind his back, but no one denies that drug trafficking has to some degree financed every electoral campaign in the country. Although companies like Odebrecht play a role at a national level, at a local and regional level drug trafficking decides who becomes mayor, governor, representative in the house and even senators. Even the brother of the current Vice-President Marta Lucía Ramírez was a drug trafficker and there are loads of photos of many politicians with Ñeñe Hernández and Uribe appears in photos with the son of the paramilitary drug trafficker Cuco Vanoy. It is a matter of public knowledge that several high ranking police officers close to Uribe such as his former head of security Mauricio Santoyo were extradited to the USA for drug related crimes and Uribe’s excuse was the same as Samper’s: it was all done behind his back.
NOT THE ELN
But when we look at the extent of illicit crops in Colombia, we can clearly see the reason why they are linked to the FARC for so long and not to the ELN. The reason is simple, the majority of the large plantations of coca and opium poppy were to be found in areas under the influence of the FARC. If we look at the crop monitoring carried out by the United Nations Office on Drugs and Crime (UNODC) we can see that in 2001 the main departments (administrative regions: Colombia has 32 — RB editing) where there were crops were almost exclusively FARC fiefdoms.
In 2001, coca was to be found in 22 departments of the country, compared to just 12 in 1999. However, despite the expansion, just two areas accounted for the majority of the crops: Putumayo-Caquetá had 45% of the total amount of coca (about 65,000 hectares) and Meta-Guaviare-Vaupés with 34% of the area (about 49,000 hectares) i.e. 79% of the total area under coca. They were areas that were completely dominated by the FARC, not a single eleno was to be found in those territories and if they did venture in, it was undercover at the risk of execution by the FARC were they discovered as the FARC did not tolerate political competition in their fiefdoms. When one looks at the map of crops back then, one can see not only the concentration in those areas but also almost all the other departments were dominated by the FARC and those where there were significant amounts of coca and also an ELN presence, one finds Cauca with 3,139 hectares, Nariño with 7,494 hectares and the Norte de Santander with 9,145 hectares. But in those areas there was a certain territorial balance between the different guerrillas and one of the few departments where the ELN was clearly the dominant force was Arauca with 2,749 hectares. But when we look at the counties we can see that it is not as clear cut, as in the Norte de Santander 83% of the coca crops were to be found in just one county: Tibú, FARC fiefdom for many years before the paramilitary takeover in 1999. In Arauca the county of Araquita accounted for 60% of the crops in the department and it was also a FARC fiefdom within an area dominated by the ELN. Thus it is obvious as to why they spoke almost exclusively about the role of the FARC in drug trafficking and not the ELN at that time.
Years later the situation had not changed much, the main producing departments were the FARC fiefdoms. The UNODC study on coca crops in the country in 2013 continues to show a concentration in FARC fiefdoms, with a displacement from Putumayo to Nariño due to aerial spraying and the persecution of the FARC by the State. In 2013, there were just 48,000 hectares of coca in the entire country, with significant reductions in some parts. Nariño, Putumayo, Guaviare and Caquetá accounted for 62% of the land under coca, with Norte de Santander representing 13% and Cauca with just 9%. There was a reduction and a displacement of the crops towards new areas with Nariño accounting for the most dramatic increase of all departments.
In 2019, there was 154,000 hectares of coca, a little over three times the amount grown in 2013, though it was slightly down on 2018 when there was 169,000 hectares. Coca production recovered after 2014 in the middle of the peace process with the FARC. It stands out that in 2019, Arauca, a department dominated by the ELN the UNODC did not report any coca crops. Once again Norte de Santander is a department with widespread coca leaf production almost quadrupling the amount reported in 2001. It had 41,749 hectares of coca but the county of Tibú alone had 20,000 hectares and the same UNODC report indicated that these are not new areas and show that the crop has deep roots in the area.
THE BANKS, THE BANKS!
However, despite the role of the FARC in the drugs trade, they weren’t the big drug barons we were led to believe. How can we be sure? Their demobilisation did not alter the flow of cocaine towards the USA and Europe. The big drugs capos in the companies, the Congress of the Republic, the international banks did not stop for a second. Neither did people such as Ñeñe Hernández and other associates of right wing political parties in Colombia stop for a single instant.
Neither the production nor consumption of cocaine halted. The UNODC’s World Drug Report says as much about both phenomena. According to the UNODC consumption of cocaine fell from 2.5% in 2002 to 1.5% in 2011 in the USA, but from that year it increased again reaching 2.0% in 2018 and also there are indications of an increase in the sale of cocaine of high purity at lower prices between 2013 and 2017. The price of a gram fell by 29% and the purity increased by 32%. The report also indicates that in Europe there was a significant increase in various places such as the Netherlands, Norway, Denmark, Estonia and Germany. Nevertheless, some of those countries had seen decreases in consumption in the first years of the century. All of this suggests that there is a greater supply of the drug. This can be seen not only in the previously mentioned figures of an increase in the production of coca leaf in Colombia (or in other countries such as Peru and Bolivia), but can also be seen in drug seizures. An increase in seizures may indicate greater efficiency by the police forces, but combined with stability or an increase in consumption and a reduction in price, rather indicate an increase in production and availability.
According to the UNODC cocaine seizures have increased dramatically since the commencement of Plan Colombia, indicating, although they do not acknowledge it, the failure of their anti-drugs strategy and the tactic of aerial spraying with glyphosate. In 1998 400 tonnes were seized globally and that figure remained relatively stable till 2003, reaching 750 tonnes in 2005 and surpassing the threshold of 900 tonnes in 2015 to finish off at 1,300 tonnes in 2018, i.e. there was no reduction in consumption or the production of cocaine. Throughout the years with or without the FARC there has been coca production and of course the main drug barons never demobilised, the heads of the banks remain in their posts.
The real drug traffickers wear a tie, own large estates, meet with President Duque, it is not the ELN that moves hundreds of tonnes of cocaine around the world. In 2012, the Swiss bank HSBC reached an agreement with the US authorities to pay a kind of fine of $1,920 million dollars for having laundered $881 million dollars from the Sinaloa Cartel and the Cartel of Northern Valle, Colombia. The bank had, despite everything, classified Mexico as a low risk country, thus excluding $670 billion dollars in transactions from monitoring systems and the bank was notified by the authorities but ignored them. Nobody went to jail, in fact no one was prosecuted. As Senator Warren in a session of the Senate Banking Commission pointed out, no one was going to go to jail for this massive crime. Moreover, the Sub Secretary for Terrorism and Financial Intelligence, David S. Cohen refused to recommend a criminal investigation against the bank. There is no need to state that no ELN commander is on the board of this or other banks. The ELN is usually accused of infiltrating universities, but to date no one has accused them of having infiltrated the boards of banks.
It is not the only bank implicated in money laundering, in 2015 London was described as one of the main centres for money laundering the proceeds of drug trafficking. A report by the UK National Crime Agency states, on the basis of a UN calculation that between 2% and 5% of global GDP are laundered funds “that there is a realistic possibility [defined as between 40-50%] that it is in the hundreds of billions of pounds annually” and the majority of it comes from crimes committed outside of the UK. There is no need to say that no ELN commander is a director of those companies, nor is there any need to state that these companies continue to operate and their directors are walking about free and according to the report they could only recover £132 million. The NCA cites favourably the reports of Transparency International. According to this organisation, 1,201 companies operating in the British Overseas Territories inflicted £250 billion in damage through corruption in recent decades. They analysed 237 cases of corruption in the last 30 years. The majority of the companies are registered in the British Virgin Islands (92%) and the majority (90%) of the cases happened there in the favourite headquarters of many companies that operate in Colombia, without mentioning those who finance election campaigns. Once again, the ELN does not operate in those territories, although many mining companies in Colombia are registered there. The report points out that due to legislative changes there are fewer reasons to buy property in the UK through those companies registered in the Overseas Territories, yet the number of properties has remained relatively stable at some 28,000. Of course not all them are the result of illicit funds, however… As far as we know the ELN’s Central Command is not the owner of any of these properties.
Transparency International continued with its investigations and its last report highlighted the number of British companies involved in money laundering or dubious transactions. It states that there are 86 banks and financial institutions, 81 legal firms and 62 accounting companies (including the big four that dominate the market). According to this NGO
Whether unwittingly or otherwise, these businesses helped acquire the following assets and entities used to obtain, move and defend corrupt or suspicious wealth: 2,225 Companies incorporated in the UK, its Overseas Territories and Crown Dependencies directly involved in making payments; 17,000 more companies incorporated in the UK that we have reasonable grounds to suspect have facilitated similar activity; 421 Properties in the UK worth more than £5 billion; 7 Luxury Jets 3 Luxury Yachts worth around £237 million worth around £170 million. 
Of course not all the laundered funds are drug related but they are all illicit in origin. However, the USA has not sought in extradition any of the banking capos, legal firms and less still the four big accountancy companies in the world. It would simply collapse the financial system were they to do so.
The extradition of criminals from Colombia has always been problematic in legal and political terms. Nowadays, the majority of those extradited are extradited for drug trafficking. The USA receives 73% of all those extradited from Colombia and 60% of them face charges of drug trafficking or money laundering. Though not all those extradited are guilty and there are various cases of people being returned to Colombia, after their extradition, or others more fortunate who managed to demonstrate their innocence before being extradited, such is the case of Ariel Josué, a carpenter from San Vicente del Caguán who didn’t even know how to use a computer and yet for
… the United States and then the Colombian justice system, Ariel Josué was the head of an electronic money laundering network, and had to pay for his crime in a north American prison.
In the absence of an independent investigation nor the verification of his identity, the Supreme Court issued a court order in favour of his extradition and even President Juan Manuel Santos signed the order for him to be taken.
OPEN LETTER FROM THE ELN
Despite those extradited, when not innocent, being poor people or those who have some relationship with right wing political parties or the economic elites of the country, the media and the Colombian and US governments’ focus on the problem is always the same: the guerrillas and not the banks or business leaders. In fact, one of the most famous people extradited is Simón Trinidad, a FARC commander and part of the negotiating team in the Caguán. Trinidad was extradited for drug trafficking and despite being a FARC commander they didn’t manage to prove any link to the drugs trade and thus resorted to the detention and captivity of three north American mercenaries hired by the Dyncorp company, a company denounced for crimes such as trafficking in minors, prostitution, sexual abuse amongst others. So we should be very careful when it comes to accepting these new allegations against the ELN.
The ELN in its open letter acknowledges that they collect taxes from the buyers of coca base and cocaine who come into their areas of influence, as they do with other economic activities. So if the ELN is not involved in drug trafficking, how can we explain the presence of illicit crops in their areas? The ELN commanders explain the presence of these crops in the same manner and the same dynamic they describe could be seen in all the regions where they had to deal with the FARC. There was a dispute between the two organisations as to what to do regarding the crops and drug trafficking itself. Initially the ELN opposed the planting of coca and opium poppy in the regions, but the FARC said yes and they authorised the peasants to grow it and moreover in some parts they were willing to buy base or cocaine itself, depending on the region. Faced with this reality the ELN felt that it had no choice but to allow the growing of the crop, as otherwise they would have to militarily face the FARC and the communities. That is why the ELN is to be found in areas with a coca tradition and as they acknowledge in their open letter they tax the buyers as they do with other economic activities. However, it is worth pointing out that the FARC also initially only charged taxes, but given the long ELN tradition on drugs it is unlikely, though not impossible that they do the same.
Its open letter not only refutes the allegations against it, but they also put forward proposals as to what to do regarding the problem of crops and drug consumption. It extends an invitation to various organisms to carry out in situ visits and inspections to see the reality of their relationship to the drugs trade, but they go further than clearing up the question of their links or otherwise to the drugs trade and they put forward proposals on the drugs problem as such.
PROPOSALS — SOLUTIONS?
To pick up the proposals made on various occasions by the ELN with the aim of reaching an Agreement that overcomes the phenomenon of drug trafficking that includes the participation of the international community, the communities in the regions that suffer this scourge and various sectors of Colombian society.
The issue of drug trafficking is not one that Colombia can solve on its own, it is an international issue in nature, not just in terms of the distribution and consumption of the final products, such as cocaine and heroine or ecstasy and other drugs generally produced in northern countries, but also because Colombia’s obligations on the issue are covered by various international UN treaties. The ELN makes various points.
Only the legalisation of psychotropic substances will put end to the extraordinary profits of drug trafficking and its raison d’être.
This position has been discussed thousands of times in various fora and international settings. It is partially true. No doubt the legalisation demanded by various social organisations, including health organisations, would put an end to the mafia’s profits, but not the profits as such. The medicinal uses of coca and opium have never been banned, rather the International Narcotics Control Board (INCB) regulates and controls its production and end use. The UNODC calculates that in 2018 there just under 12 billion daily doses of opiates available in the legal market, double the amount available in 1998. Cocaine and medicinal opiates, including heroin, have always been used in a medical context and the use and regulation of cannabis is a growing market. The legalisation of recreational consumption is another matter, the state of Colorado in the USA and Uruguay are two places where they legalised the recreational consumption, with various benefits in terms of crime, health and taxes. The profits are lower in these legal markets but they are large, nonetheless, as are they for other legal drugs such as alcohol and tobacco, products that are controlled in terms of quality and their impact on the health of the consumer. The legal marijuana market in Colorado amounted to $1,750 millions in 2019 with 69,960,024 transactions with an average price per transaction of $51.89, but the price to the consumer continues to fall and quality is guaranteed. However, both Colorado and Uruguay have experienced legal problems with the banking system as their legalisation has no international recognition. The ELN’s proposal could only happen in the context of an international debate and a paradigm shift in the states and regulatory bodies at an international level such as the UNODC and the INCB, amongst others and the recent decision by the WHO on the medicinal use of cannabis is a good start.
A pact on shared responsibility between drug producer and consumer countries is required
This pact already exists. There are various UN pacts on the issue starting with the Single Convention of 1961, the Convention on Psychotropic Substances of 1981 and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. This last treaty deals with aspects related to organised crime, precursor chemicals etc. What is lacking is political will, not another pact. The factories where the acids used to make cocaine are not bombarded but they do attack and bombard the producer communities, neither do they bombard the factories of illegal drugs such as ecstasy in the Netherlands. It is not the case that there is a lack of pacts but rather as they say the law is for the ragged and in geopolitical terms, Colombia is very ragged
The drug addicts are sick and should be treated by the states and should not be pursued as criminals.
This is one point that is always overlooked in the discussions on illicit crops and despite the belligerent tone of the USA, both the north American health system and that of the majority of countries in Europe deal with it as such, some countries do not even pursue consumption as such, acknowledging its character as a health problem and only go after related crimes. The UN accepts the need for treatment for drug addicts and calculates in its World Drug Report that 35.6 million people in the world abuse drugs and just 12.5% of those who need treatment get it, i.e. about 4.45 million people.
The peasants who work with illicit use crops, should have alternative plans for food production or industrial raw materials, financed by the states in order to solve their sustenance without seeking recourse in illicit use crops.
Although this point is well intentioned it makes the same mistake as the FARC, the NGOs, international aid etc. Whilst it is true that the peasants should have alternative plans and receive economic support from the states, the problem is a core issue and cannot be solved through projects or credits: the economic aperture ruined the agricultural production of the country and the peasants can’t compete with the imports subsidised by the US and European governments. The underlying problem is not agricultural, nor economic but political and requires national and international changes. The free trade agreements, the monopoly in the agricultural and food sector exercised by multinationals such as Cargill, Nestlé, Barry Callebaut amongst others are not resolved by subsidies or projects.
As well as pursuing the Cartels in the narcotic producing countries they should also pursue the distribution Cartels in the industrialised consuming countries; as well as the Cartels for the precursor chemicals and money laundering of narco funds in the international financial system and the tax havens.
This is a key point. As long as drugs are illegal, they should go after the points in the production chain there, both the banks and the companies that engage in money laundering and the companies whose chemicals are used in the manufacture of cocaine. They don’t do this, one little bit or not much at least. Whilst the USA seek in extradition just about anyone in Colombia, they have never sought nor will they seek the directors of banks such as HSBC.
There are reasons to accept the ELN’s word on the issue of drugs, and there are more than sufficient reasons to accept the debate on drugs and what to do about them. It is a debate that never occurred in the context of the negotiations with the FARC. The FARC opted to negotiate benefits for themselves, their social base and they never touched the structure of the agricultural economy in the country nor the international law in force on drugs.
The allegations against the ELN lack any basis in fact, but the media does not ask us to treat it as truth, rather it serves as an excuse to delegitimise this organisation in the eyes of Colombian people and in the international area they are useful as excuse to continue to militarily support the Colombian state and in a given moment can be used as a pretext for more direct interventions against the ELN and perhaps Venezuela.
 Some NGOs prefer the expression illicit use crops, but it is misnomer. The international treaties on the matter leave us in no doubt on the issue, the crop itself is illicit. The Single Convention of 1961, the convention in force on the issue, in Article 22 No.1 demands the total eradication, the coca leaf and its derivatives are banned. The treaty demands that even the plants belonging to indigenous people be destroyed.
Hoy, hace un año Dilan Cruz cayó bajo los disparos de la Policía. Un bean bag incrustado en su cráneo, acabó con la vida de este joven. Conocimos luego de los hechos, las fotos sonrientes del fue que buen estudiante, buen muchacho y muy querido por sus compañeros.
Nada en la vida de Dilan fue fácil, nació y se crío en un barrio popular, dejó sus estudios para luego retomarlos y soñaba con entrar a la universidad. Como a muchos colombianos le negaron esa posibilidad, primero por la pobreza y luego por un disparo a su cabeza.
Ni siquiera su muerte fue fácil. No murió en el instante, luchaba contra la muerte varias horas, y luego murió en el Hospital San Ignacio de Bogotá. Ahora muerto, las cosas siguen igual de difíciles para este joven. Todos sabemos el nombre y rango de sus asesino. El verdugo se llama capitán Manuel Cubillos del ESMAD y sigue vinculado a la Policía de Colombia. El anda tranquilo y la familia de Dilan anda angustiada. Hoy en la protesta organizada en el sitio del crimen, la calle 19 con carrera 4ª en Bogotá, la mamá del joven fue clara. “No estamos buscando indemnizaciones sino judicializaciones de los responsables.” Y está claro la responsabilidad no cae únicamente sobre los hombros del ogro Manuel Cubillos, sino sobre el entonces alcalde de Bogotá Peñalosa y el rey de los payasos, el sub presidente Iván Duque.
Pero Colombia está gobernado por un rey de payasos donde la impunidad es reinante y pavonea por las calles armada hasta los dientes, asesinando a diestra y siniestra. El monstruo Manuel Cubillos es apenas uno de los miles de asesinos a sueldo en Bogotá.
Hoy lloramos por Dilan Cruz, y no podemos equipararlo a sus verdugos. Cuando nos pidan llorar por algún policía muerto, recordemos a Dilan y lloremos por él y los 13 jóvenes asesinados luego de la tortura y asesinato de Javier Ordóñez y no por ellos, jamás. Que no nos caiga ni una sola lágrima por ellos, son ellos quienes cada año nos arrancan ríos de sangre y lágrimas.
En honor a Dilan Cruz y todas las víctimas de terrorismo de Estado en Colombia.
On October 31st two people died, one known around the world for his cinema roles, Seán Connery, who played James Bond and many better and less well known roles. The other death was that of the Colombian liberal politician Horacio Serpa. No sooner had he died the liberals and NGOs and all the former revolutionaries began to write and comment on the life of Serpa with a script that not even Connery could convincingly play.
So, just who was Horacio Serpa and what was his role in Colombian politics? His body hadn’t time to go cold and they were already rewriting the history of the country. The headline on El Espectador said it all, Remembering an Authentic Liberal. i Of course part of the problem depends on what you understand as a liberal, as in the current times when they talk of liberals and the Liberal Party one can barely recognise that it is and always has been the party of a sector of the Colombian oligarchy, that it is the party that gave us legalised paramilitaries, it is the party of massacre after massacre and of course they talk about it as if it wasn’t Liberal Party that gave us the health reform Law 100 (the liberal senator Uribe was the the speaker to the motion on the law, but the law was a proposal from the entire Liberal Party), nor that it was the party that gave us the infamous economic aperture of 1990.
So, for starts, Horacio Serpa who was the Minister of the Interior, under Samper, a government which deepened the aperture, was a neoliberal politician. In the midst of the political poverty of the current Colombian left, such as statement comes across like a grenade thrown or a burst of gunfire against Serpa’s good name. But, how are we to describe a minister in a neoliberal government as anything else? They say we shouldn’t and part of the problem is there are those who forget who President Samper was and what his government’s policies were. Worse still, they forget their own criticisms of that government. So let’s remind ourselves. Serpa was a neoliberal. Of course, he was a neoliberal speaking out both sides of his mouth, capable of calming the angels whilst defended the devils tooth and nail. A man of the right wing at the service of the oligarchy who with his populist discourse made himself out to be a progressive. Once again, some will say he wasn’t right wing. Is there another type of Minister of the Interior? Not only was he Minister of the Interior under Samper and champion in defending him against accusations of links to drug traffickers, but also he would later be Uribe’s ambassador to the Organisation of American States.
As we are in Colombia and politicians like Serpa are very deft, there is no lack of supposed lefties who will talk about how Serpa helped them. So in order to see what he was really like we should deal with some examples when Serpa did the exact opposite. In his passage through the Procurator General’s office he did nothing for the disappeared from the Palace of Justice. It was not at all surprising given his own role in that. The then Procurator Carlos Jiménez Gómez drew up a report and formerly denounced to
… the House Commission of Accusations President Belisario Betancur and his Minister of Defence, Miguel Vega Uribe for violating the Constitution and the Law of Nations now known as International Humanitarian Law.
The Procurator Jiménez’s denunciation with precise hard-hitting proof in hand was shelved through a motion presented by the representatives Carlos Mauro Hoyos, Horacio Serpa and Darío Alberto Ordoñez, arguing that “it was a typical act of government in the most important area under the remit of the President of the Republic namely to uphold public order and re-establish it wherever it has broken down”.ii
That is Horacio Serpa, the man who ensured that there would be no investigation of the events. A friend and accessory after the fact of criminals. It is worth pointing out that two of those who suppressed the accusation would later hold the office of procurator, Hoyos was the successor to the whistleblower Jiménez Gómez and Serpa then replaced Hoyos and thus the truth was buried underneath the ruins of the palace and the manoeuvres of Serpa and company.
But some claim he was a friend of the workers and an enemy of paramilitaries. Leave aside that he served in governments that actively promoted paramilitaries, those of Samper and Uribe and lets look at when workers reached out to his office to seek protection. After the 1995 massacre of palm workers in San Alberto, Cesar, the workers met with Horacio Serpa who was the Minister of the Interior at the time. In their oral history published in 2018, the workers narrate how Serpa told them “there was nothing that could be done as the paramilitary project was very big, and upon finishing the meeting and when we were heading towards the door he said ‘lads it is best that you be careful, because in this country if you stick your head above the parapet it will get knocked off.”iii Of course, he didn’t want to do anything to protect the workers of the palm company Indupalma, whilst at that exact time both he and his government maintained a military base within the plantation to protect the company’s assets. That is Horacio Serpa, loyal friend of the oligarchy, traitor speaking out both sides of his mouth to the workers, a defender of criminals such as the murderers behind the events of the Palace of Justice and a man capable of placing an entire battalion at the disposition of a company in order to protect it and not lift a finger to protect the workers in that company.
So, on October 31st, one of the greats died who we will remember fondly, with admiration, someone who contributed positively to our lives. Rest in Peace, Seán Connery.