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responsible for the violence against the UP.90 The Ombudsman observed that, when
they could not confront the guerrilla directly, paramilitary or self-defense groups had
converted the UP “into the visible part and the military objective of their strategy” and,
also, that “in isolated cases, there has been complicity between members of the armed
forces and paramilitary groups or hired gunmen; a phenomenon that reveals the
intolerance or the generally erroneous understanding of their political labor.”91
79.
In this regard, the State indicated that “[t]he members of the different
Colombian political parties suffered as a result of the generalized violence in the
1980s,” so that the UP and the PCC “were not the only victims of the political
violence.”92 The State alleged also that, owing to the many motives, actors and
victims, as well as the ideological differences within the UP, the factors that caused the
violence against it were diverse; consequently, the State’s actions of protection were
designed to eliminate the most important sources of danger for the UP; namely
paramilitary groups and drug trafficking.
80.
However, the Constitutional Court of Colombia has considered that the State
failed to adopt “sufficient measures to guarantee the special protection [of the UP] as a
minority political party, systematically decimated despite being officially recognized.”93
In addition, it indicated that “[m]erely the number of deaths and disappearances of
[…] activists or sympathizers [of the UP] from 1985 to 1992 […] reveals clearly the
objective dimension of the political persecution unleashed against it […].”94 Similarly,
in his “Estudio de casos de homicidio de miembros de la Unión Patriótica y Esperanza,
Paz y Libertad,” which the Constitutional Court asked him to prepare, the Ombudsman
stated that the “wave of violence [against the UP] reveals evident symptoms of
political intolerance, absence of electoral guarantees, and systematic extermination of
UP leaders and activists […]”; consequently, he affirmed that “the empire of impunity
reign[ed] in the face of the violent extermination of activists of this democratic
movement.”95 Furthermore, the office of the Attorney General of the Nation indicated
that “the leaders of the leftist political party [the UP], have been receiving death
threats for a long time in the course of the so-called ‘dirty war’ waged against this
political movement since its creation by sectors of the country’s extreme right, that
have not been fully identified […].”96
90
Cf. National Administrative Department of Statistics (DANE), “Base de datos sobre conflicto y violencia
política”, supra note 88, folio 6554.
91
Cf. report of the Ombudsman entitled “Estudio de casos de homicidio de miembros de la Unión Patriótica y
Esperanza, Paz y Libertad,” supra note 76, folio 1290. In addition, the Ombudsman indicated that, a review of those
presumably implicated by the investigations shows that members of law enforcement bodies (the Army and the
Police) occupied the second place in these proceedings. Those classified as “unknown” occupied the first place.
92
It indicated that, from 1984 to 1993, the national media had recorded the perpetration of 1,005 crimes,
mostly murders, against individuals belonging to political parties other than the UP and the PCC (evidence file, tome
II, appendix III to the application, folios 892 to 893). In addition, the State affirmed that some members of the UP
were victims of the FARC (evidence file, tome II, appendix III to the application, folio 897).
93
Cf. Judgment delivered by the Second Review Chamber of the Constitutional Court in case No. T-439 on
July 2, 1992, p. 14 (evidence file, tome III, attachment 11 to the application, folio 1367).
94
Cf. Judgment delivered by the Second Review Chamber of the Constitutional Court in case No. T-439,
supra note 93, folio 1367.
95
Cf. report of the Ombudsman entitled “Estudio de casos de homicidio de miembros de la Unión Patriótica y
Esperanza, Paz y Libertad,” supra note 76, folios 1215 and 1217. The Report concluded by citing a newspaper
article entitled: “La impunidad: asesina de la UP” [Impunity: the UP’s murderer].
96
Evaluation Report by the Second District Attorney for Santafé de Bogotá, Disciplinary procedure No. 1436444, of July 11, 1997 (evidence file, tome III, attachment 28 to the application, folio 1421).