(AGENPARL) – mar 25 ottobre 2022 [newHeaderOTP]
Statement: 25 October 2022
Statement of ICC Prosecutor Karim A.A. Khan KC on conclusion of technical visit of the Office of the Prosecutor to Colombia
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On 21 October 2022, a team from my Office concluded an official visit to Bogotá. During their visit, the team engaged at the working level with a wide range of national authorities, international partners and civil society actors taking forward efforts in Colombia to address Rome Statute crimes.
This visit was conducted by my Office within the framework of the Cooperation Agreement concluded with the Government of Colombia upon the closure of the preliminary examination in Colombia during my visit to Bogotá in October 2021. It follows a series of meetings and exchanges that have been conducted between the Office and the Colombia authorities over the course of the past year.
The Cooperation Agreement has marked a new moment in the relationship between my Office and Colombia. It reflects an innovative partnership based on two core sets of commitments. The commitments on the part of the Government of Colombia, which were reaffirmed by the authorities during the visit, are designed to ensure the legislative, constitutional and budgetary environment is maintained for effective accountability efforts, to prevent undue interference, and to ensure full inter-institutional cooperation. And on the part of my Office, we have committed to continue supporting Colombia’s accountability efforts within our mandate and means.
As part of the visit, my team engaged with key domestic authorities including the Ministry of Foreign Affairs, the Ministry of Justice, the Office of the Attorney General, the Special Jurisdiction for Peace, the Inspector General’s Office and the National Agency for the Legal Defence of the State.
During these meetings, the Office received further updates on the progress on investigations and prosecutions undertaken before the ordinary courts, the Justice and Peace Law Tribunals, and the Special Jurisdiction for Peace since the signature of the Agreement. These reflected a number of significant developments in the last year. These included the issuance of decisions by Special Jurisdiction for Peace establishing the factual framework in relevant Macro Cases, attributing responsibility to perpetrators of crimes, and the holding of public hearings of acknowledgement of truth. I welcome the progress that has been made by Colombia’s institutions in their quest for justice in collaboration with all national partners, and I encourage continued efforts to ensure that victims can play a full part in this work.
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The Office of the Prosecutor engages with the Special Jurisdiction for Peace in Bogota, Colombia
Notably, the last day of the visit coincided with the issuance by the Special Jurisdiction for Peace of its first resolution of conclusions in relation to Macro Case No. 03, concerning deaths illegitimately presented as combat casualties by State agents, commonly called ‘false positive’ killings. I look forward to continuing our engagement on this and other matters relating to the progress of domestic proceedings relevant to the investigation and prosecution of alleged Rome Statute crimes – which will be undertaken in the form of a structured dialogue as we move forward in the new relationship with Colombia under the framework of the Cooperation Agreement.
I also welcome the recent conclusion of an Agreement between the Office of the Attorney General and the Special Jurisdiction for Peace aimed at strengthening their cooperation in pursuit of accountability for international crimes. The effective implementation of this Agreement, including the enhanced coordination and exchange of information it is intended to support, was one of the key measures addressed in the Cooperation Agreement and will be crucial in ensuring a holistic and impactful approach to accountability across both traditional and transitional justice systems.
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Members of the Office of the Prosecutor meet with representatives of the civil society working with victims of sexual and gender-based crimes
The engagement of my team with relevant national counterparts also allowed for the common identification of ways in which my Office could continue supporting the work of national judicial authorities to ensure that the legitimate calls for justice of victims are met. Drawing on this dialogue, my Office is preparing an action plan outlining a set of further concrete steps that we will take together with Colombian authorities in the coming months in implementation of the Cooperation Agreement.
I believe the partnership between my Office and Colombia can reflect a new, dynamic approach to the principle of complementarity at the heart of the Rome Statute. Where genuine and serious efforts are made to deliver justice at the national level, and where innovative approaches show results, my Office will not only recognise this through actions pursuant to its core mandate, but will seek to support such efforts, and through dialogue promote the sharing of best practices with other national jurisdictions. Key focus areas for this dialogue will include sexual and gender-based violence and crimes against children. This is how we create a community of accountability within the Rome Statute framework.
Members of the Office of the Prosecutor meet with civil society representatives in Bogota
During their visit, the team were also pleased to meet with representatives from a wide range of civil society organisations. Our civil society partners are critical allies in common efforts to deliver accountability. The input we received in these meetings is essential in providing a full picture of both progress and continued challenges faced in collective work towards justice in Colombia. Looking forward, the Office will continue to engage proactively with civil society partners in order to obtain a comprehensive view on relevant accountability action being undertaken in Colombia.
The team also welcomed the opportunity to engage with the UN Verification Mission in Colombia and representatives of the diplomatic community.
I wish to express my sincere thanks to the Government of Colombia, and in particular the Ministry of Foreign Affairs, for the excellent support it provided in facilitating the mission of my team.
I look forward to continuing this dialogue in the coming weeks and months, including through a further official visit I intend to undertake to Colombia in mid-2023.