The Colombian Commission of Jurists filed a tutela action to suspend the extradition of paramilitary leader Éver Veloza García, alias "HH", until legal processes in Colombia for serious human rights violations are complete. Veloza García has provided important information to Colombian authorities about paramilitary crimes and operations. However, a magistrate rejected suspending the extradition, denying guarantees to victims. The Commission calls on Colombian and U.S. authorities to postpone the extradition until Veloza García fulfills his obligations in Colombia and victims' rights are guaranteed.
Colombian Commission of Jurists Calls for Postponement of Paramilitary Leader's Extradition
1. COMISIÓN COLOMBIANA DE JURISTAS
Organización no gubernamental con estatus consultivo ante la ONU
Filial de la Comisión Internacional de Juristas (Ginebra) y de la Comisión Andina de Juristas (Lima)
PERSONERÍA JURÍDICA: RESOLUCIÓN 1060, AGOSTO DE 1988 DE LA ALCALDÍA MAYOR DE BOGOTÁ
Once again, the representatives of the victims call for the postponement of
the extradition of alias “HH”
By means of a tutela action, the suspension of the extradition of the paramilitary
boss is sought, until the victims’ rights to truth, justice, and reparation are
guaranteed
The Colombian Commission of Jurists, representing the victims of the paramilitary
leader Éver Veloza García, alias “HH”, filed a tutela action demanding the
suspension of the extradition of that member of the paramilitary until the legal
processes against him, being carried out in the framework of the Law of Justice
and Peace for serious human rights violations committed in Colombia, come to an
end.
The tutela action was lodged considering that the untimely extradition of alias “HH,”
to be judged in the United States for less serious crimes than those for which he is
being charged in Colombia, implies the violation of the fundamental rights of
Veloza García’s victims to truth, justice, and reparation.
The plaintiff organization requested as provisional measure the suspension of the
extradition of “HH” until the tutela action was ruled on merits, considering this
measure necessary and urgent in order to protect the rights of the victims, as well
as to guarantee the efficacy of a possible favorable ruling on the tutela action.
Today, the magistrate Nancy Yanira Muñoz of the Criminal Chamber of the High
Tribunal of Bogotá, who is sponsor of this tutela action, rejected the provisional
measure, thereby denying all guarantees to the victims, since the extradition of the
paramilitary “HH” is imminent.
Éver Veloza García is linked to the process regulated by Law 975, also known as
Law of Justice and Peace, in the context of which he has provided important
information on paramilitarism in Colombia, on the alliances between paramilitaries
and the military forces of Colombia, as well as on links with politicians,
businessmen, and companies. Likewise, he has provided information about the
location of mass graves and, unlike other paramilitaries, he has publicly asked the
families of the victims for forgiveness for his acts. He has also rendered testimony
at important trials before the ordinary justice system, such as the case against
Guillermo Valencia Cossio.
We reiterate that more time is needed for HH to complete his process within the
Law of Justice and Peace, since he has yet to confess all his crimes. We would like
to stress that Veloza García promised in January that he would provide information
about five thousand crimes committed in the regions of Urabá, Cauca, and Valle
Calle 72 Nº 12-65 piso 7 Tel: (571) 3768200 – (571) 3434710 Fax : (571) 3768230
Email : ccj@coljuristas.org Website: www.coljuristas.org Bogotá, Colombia
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del Cauca, where he operated as paramilitary commander. Also, he has key
information on the location of hundreds of mass graves.
In case alias “HH” is extradited, the risk is great that he will refuse to continue
cooperating, or that he will request to be withdrawn from the processes linked to
the justice and peace law. Also, when those responsible for serious human rights
violations and crimes against humanity are removed from the Colombian justice
system, the Colombian State fails to fulfill its international obligations. In the same
sense, unjustified and insurmountable limitations are set to the victims’ access to
effective judicial channels, and in the United States there are no effective
guarantees for the advancement of the investigations within the justice and peace
proceedings.
The Colombian Commission of Jurists reiterates its call to the Colombian and U.S.
authorities to refrain from carrying out the extradition of the paramilitary Éver
Veloza García, alias “HH”, until the trials in Colombia come to an end and the
victims’ rights are fully guaranteed.
Postponing the extradition of “HH” does not mean blocking it absolutely. It means
only enforcing it after he has fulfilled all his obligations before the Colombian
justice. There is no judicial or practical reason that can justify his extradition at this
time, when investigations are taking place for serious human rights violations and
crimes against humanity. On these investigations depends that the rights of the
victims of these crimes are effectively recognized and, if possible, fulfilled.
At the very least, we demand that the extradition be postponed until there is a
ruling on the merits of the tutela action filed by the Colombian Commission of
Jurists on behalf of the victims, including the possibility of an eventual appeal
before the Supreme Court of Justice.
For further information, please contact Gustavo Gallón Giraldo, Director CCJ
(Tel. 376 8200, ext.115).