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81.
The violence against the UP has been characterized as systematic by both
national and international organizations, given the intent to attack and eliminate its
representatives, members and even sympathizers. The United Nations High
Commissioner for Human Rights referred to the executions perpetrated against the UP
as “systematic”;97 while the Ombudsman called the violence against this party
“systematized extermination”;98 the Constitutional Court of Colombia called it
“progressive elimination”;99 the Inter-American Commission “massive and systematic
assassination”;100 the office of the Attorney General of the Nation referred to
“systematic extermination,”101 and the National Commission for Reparation and
Reconciliation to “extermination.”102
82.
According to the Ombudsman, the failure of the National Government and the
FARC to abide by the peace agreements103 was decisive in generating the violence
against the UP, inasmuch as it was not granted the necessary guarantees and security
to enable it to carry out its political activities.104 Above all, the violence was related to
the identification of the UP with the FARC.105
97
Report of the United Nations High Commissioner for Human Rights on the Office in Colombia, supra note
86, folio 3331.
98
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 1215.
99
Judgment delivered by the Second Review Chamber of the Constitutional Court in case No. T-439, supra
note 93, folio 1367.
100
Inter-American Commission on Human Rights, Second report on the situation of human rights in
Colombia, supra note 83, folio 3551. The Commission presented the violations against the UP as an example of
“acts of genocide” in Colombia.
101
Opinion of the office of the Attorney General of the Republic on the legality of the second instance
judgment in relation to investigation No. 18,428, dated May 7, 2004 (evidence file, tome IV, attachment 32 to the
application, folio 1802).
102
National Reparation and Reconciliation Commission, first report on the historical memory entitled “Trujillo,
una tragedia que no cesa” [Trujillo, an ongoing tragedy], Editorial Planeta, Bogotá, Colombia, September 2008
(evidence file, tome XII, attachment 184 to the brief with pleadings, motions and evidence, folio 5564).
103
Expert witness Eduardo Cifuentes stated that “[i]n 1986, when the new President of the Republic, Virgilio
Barco Vargas, took office, there was an evident retreat from compliance with the agreements made under the peace
process between the FARC-EP and the National Government. There was, on the one hand, an absence of progress in
the implementation of structural changes in the institutional framework, except for the approval of the law that
allowed mayors to be elected by popular vote and, on the other, FARC violations of the cease fire and its military
expansion over a very short span of time.” Opinion provided before notary public (affidavit) by expert witness
Eduardo Cifuentes Muñoz, supra note 77, folio 8346.
104
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 1217 to 1218. Similarly, the first report of the National Reparation
and Reconciliation Commission states that “[t]he reticence of some national political, ecclesiastical and trade union
sectors towards the Betancur peace process, together with the opposition of local and regional authorities as well as
some sectors of the Army and the Police to the Patriotic Union’s political progress, undermined this process. These
tensions were revealed by the failed attempt to grant legality to the most political sectors of the armed groups and
the Communist Party, which resulted in the massacre of many of their members.” First report on the historical
memory entitled “Trujillo, una tragedia que no cesa”, supra note 102, folio 5563.
105
Cf. First report on the historical memory entitled “Trujillo, una tragedia que no cesa”, supra note 102, folio
5564. The report indicates that “[t]his extermination [of the UP], starting in 1986, was based on the premise that
Patriotic Union was the political arm of the FARC in order to legitimate a counterinsurgency operation that went
beyond the combatants and extended to the political parties and movements that were considered to have links to
the guerrilla.” Also, the Constitutional Court observed that “[t]he formal or simply word-of-mouth connection with
the Patriotic Union, in the context of the ideological and political persecution unleashed against its members or
those who sympathized with it, is a determinant factor in the case.” Judgment delivered by the Second Review
Chamber of the Constitutional Court in case No. T-439, supra note 93, folio 1368. Expert witnesses Andreu and
Cifuentes were of the same opinion. Cf. Opinion provided before notary public (affidavit) by expert witness Federico
Andreu Guzmán, supra note 83, folio 8323 and opinion provided before notary public (affidavit) by expert witness
Eduardo Cifuentes Muñoz, supra note 77, folio 8354.
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