To further examine the impact of this ruling on the national and international stage, the FIDH interviewed Reinaldo Villalba, Vice-President of the FIDH and lawyer for CAJAR. His valuable analysis allows us to reflect carefully on the importance of Álvaro Uribe’s conviction for the fight against impunity and the challenges facing the Colombian justice system at a time of enormous partisan pressure.
For the first time in Colombia’s history, a former president has been convicted by the courts. What does the ruling against Álvaro Uribe mean for the rule of law and democracy in Colombia ?
Colombia has a long history of impunity for those responsible for serious crimes and human rights violations. Álvaro Uribe Vélez is an icon, a leading figure of the Colombian right. However, during his governorship of the department of Antioquia and his two terms as president of Colombia his policies led to serious human rights violations that left thousands of victims in their wake. This is why his conviction represents a ray of justice on a path that has been characterised as an endless night of impunity, or the very negation of a social state that upholds the rule of law or of a democratic state. This ruling should be the first step towards bringing to justice those who, until now, have been the untouchable beneficiaries of odious impunity.
In a regional context where the judiciary faces increasing pressure, do you think this ruling could set a precedent for other countries in Latin America ?
I firmly believe that this ruling sets a precedent that allows the leaders of any country, on the continent and throughout the world, to be held answerable before the justice systems of their countries, especially when they are accused of serious human rights violations and acts of corruption, crimes that have profound effects on the well-being of society and undermine democracy. The lesson is that no one is above the law. Impunity encourages the systematic repetition of crimes committed by those in power.
Judge Sandra Heredia has been the target of threats. This was already the case before the trial and continues to be so after the trial. Is the Colombian justice system under attack ? What risks does this pose for persons who defend human rights from within the judiciary ?
Judge Sandra Heredia, who convicted former President Álvaro Uribe Vélez, has been systematically attacked by the former president and the members of his party, the supposedly Democratic Centre. She has been the victim of serious threats made against her life and her safety and that of her family. It is important that the world express its solidarity with her. Justice in Colombia is under attack, not only from within Colombia, but also through campaigns in other countries. For example, Marco Rubio, Secretary of State of the United States, stated that the only crime committed by former Colombian President Uribe was to fight tirelessly and defend his country. Rubio pointed out that the manipulation of the Colombian judiciary by radical judges has set a worrying precedent.
The grievous statements made by Rubio and several Republican members of congress [in the US] against the Colombian justice system constitute gross and unacceptable interference that affects national sovereignty and the administration of justice and that puts at in even greater danger the prosecutors and judges who risk their lives to uphold the administration of justice for those who have historically benefitted from the shadow of impunity.
CAJAR has described this ruling as a victory for human rights in Colombia. Human rights and victims’ organisations must remain committed to the quest for truth and justice, because no one is above the law, no matter how powerful they may be. I would like to highlight that in March 2024, the Inter-American Court of Human Rights found the Colombian State guilty of persecuting the José Alvear Restrepo Lawyers’ Collective (CAJAR), its members and their families.
After almost 13 years of legal proceedings, the case is also a personal and political victory for Senator Iván Cepeda, who was represented by CAJAR. What message does this ruling send to the victims who are still waiting for justice [to be served] in Colombia ?
Senator Iván Cepeda is a renowned human rights defender and a humanist of integrity and has been at the heart of this long battle for truth and justice. He has had to endure all manner of defamation, attacks, and slander from the convicted person, Álvaro Uribe, and from Uribe’s family and supporters. Cepeda’s unwavering commitment to justice, his serenity, and qualities as a human being have enabled him to overcome all the insults, whereas Uribe is no longer protected by hateful impunity. For their part, the families of the victims, such as the mothers of the young people murdered by the army and falsely depicted as guerrillas killed in combat, have commended the ruling and remain hopeful that justice will also prevail in their cases.
Looking down the road, does Uribe have any pending legal proceedings that could be activated because of this conviction ?
Yes, cases have been brought against Álvaro Uribe Vélez. For example, there is a case before the Accusations Committee of the Congress of the Republic [la Comisión de Acusaciones del Congreso de la República], a body that has historically been a nest of impunity and should be eliminated from Colombian legislation because it is ineffective. The case involves systematic persecution, under the Uribe administration, perpetrated by the Administrative Department of Security, a now-defunct presidential intelligence agency. The victims of the persecution and constant surveillance include the judges sitting on the Supreme Court of Justice [Corte Suprema de Justicia - CSJ], human rights organizations and defenders, trade unionists, and journalists, among others.
Álvaro Uribe is also under preliminary investigation by the Office of the Public Prosecutor which has presented the charges before the Supreme Court of Justice for crimes that the CSJ has declared as crimes against humanity. The cases in question are the killings in San Roque, El Aro, and La Granja and the murder of human rights defender Jesús María Valle, who had been speaking out against the killings.
Finally, national elections are on the horizon. Do you think his conviction will affect Álvaro Uribe’s party politically ? Could it weaken his influence or, on the contrary, strengthen it among his supporters ?
As far as Álvaro Uribe Vélez is concerned, it should affect his standing within his political circle, given that that its leader has committed serious crimes against justice in order to conceal the crimes for which he was convicted in the court of first instance, and that he is, I repeat, under investigation for crimes classified by the Supreme Court of Justice as crimes against humanity. Their leader has not benefited democracy but has seriously undermined it. In all cases, he has unconditional supporters, inside and outside the country who will continue to back him.
The important thing is that millions of people have understood how his actions have been detrimental for democracy, truth, and justice, especially as it becomes clear that justice is coming for him or for those closest to him. Equally important is that dozens have been convicted of serious human rights violations and egregious acts of corruption. Uribé’s government has the highest number of convicted close associates who, until now, were beyond the reach of justice.