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Agreement between Colombia and Farc risks impunity - HRW

The justice agreement between Colombian rebels Farc and the government could allow those responsible for systematic crimes, including the execution of civilians, to escape justice, Human Rights Watch said, in an analysis of the agreement.

“The agreement is a checkmate against justice,” said José Miguel Vivanco, Americas director at Human Rights Watch. “The web of loopholes and ambiguities in the agreement could guarantee that many of those responsible for false-positive killings, ranging from low-ranking soldiers to generals, will escape justice.”

Between 2002 and 2008, army brigades across the country systematically executed as many as 3,000 civilians to make it appear they were killing more rebel fighters in combat in what are known as “false-positive” cases.

Under the justice agreement announced with Farc, a newly created Special Jurisdiction for Peace would handle most – if not all – false-positive killings. Provisions in the agreement allow authorities to waive some criminal prosecutions. Other provisions could be interpreted to narrow the scope of commanders’ responsibility for crimes committed by their subordinates. People the Special Jurisdiction convicts could avoid spending any time in prison, and those already convicted by the ordinary justice system could be released.

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