An Interview with Reinaldo Villalba Vargas: Standing Firm for Justice
By Ella Makin
In a world where justice often struggles to prevail, Reinaldo Villalba Vargas, a dedicated human rights defender and lawyer, has stood firm against the tide of systematic human rights violations in Colombia. As a lawyer with Corporación Colectivo de Abogados José Alvear Restrepo (CCAJAR), Reinaldo is at the forefront of the battle for justice. He is currently behind an initiative to prosecute ex-Colombian president - Álvaro Uribe Vélez - for the extrajudicial killings of thousands of ordinary civilians in what has come to be known as the ‘False Positives’ scandal.
Can you start by briefly telling us about the work you do as a lawyer and human rights defender in Colombia, and giving us some background into CCAJAR?
Colombia has been marred by systematic and widespread human rights violations and a persistent armed conflict for an extended period of time now. It is in this difficult context that human rights defenders and organisations operate, facing threats such as forced disappearances, killings, arbitrary detention, exile and more. CCAJAR, with 45 years of service, has been a crucial player in addressing these issues. Recognition and support - especially from the international community - have been vital for organisations like ours to persist amid security challenges. The level of impunity for human rights violations in Colombia stands at 95% and is one thing we’re fighting against. Our work encompasses protecting Indigenous and peasant communities, seeking justice for victims, supporting those forcibly displaced, and combating environmental destruction caused by corporations.
Reinaldo Villalba Vargas
Can you provide an overview of the universal jurisdiction complaint lodged against former Colombian President Álvaro Uribe Vélez in Argentina, and what specific role CCAJAR plays in this historic initiative?
The genesis of the universal jurisdiction complaint against Álvaro Uribe Vélez traces back to the pervasive impunity within Colombia regarding crimes of international significance. The International Criminal Court (ICC) had prematurely closed a preliminary examination under the Iván Duque presidency, not for legal reasons but political expediency. This closure was a betrayal of justice for the victims of extrajudicial killings during Uribe's presidency (2002-2010). As a result, we decided to lodge a universal jurisdiction complaint in Argentina. Collaborating with Colombian organisations like La Corporación Jurídica Libertad, the Comité de Solidaridad con Presos Políticos and the Commission for Legal Freedoms, we brought forth a case rooted in these extrajudicial killings.
The allegations centre on the murders perpetrated by the military during Uribe's two mandates, constituting what is known as the 'False Positives' scandal. In the jurisdiction of the Special Jurisdiction for Peace (JEP) - which was set up as part of the FARC government’s peace agreement - low and medium-ranking soldiers have been prosecuted for these crimes.
The JEP is also calling for generals to be held to account. However, this is still insufficient. The complaint to Argentina outlines how defenceless victims, who were the most vulnerable people in society - people living on the street, drug addicts, and young people from poor and marginalised communities - were murdered [by State security forces], dressed up in combat gear and falsely presented as combatants. According to the JEP, at least 6,402 people were killed in this manner. However, this number is hugely underreported. These crimes were committed with the support of Uribe and within the framework of the Democratic Security Policy, which was neither democratic nor safe. The policy actually encouraged these crimes to occur, rewarding soldiers with promotions, trips, days off and other benefits. Uribe, as the ultimate head of the military forces at that time, stands accused of bearing responsibility for these crimes. Despite being aware of the extrajudicial killings, he took no action to prevent or halt them, nor did he pursue any means of sanctioning or denouncing these offences.
In the context of the Universal Jurisdiction complaint in Argentina, four victims who suffered from these extrajudicial killings have come forward, seeking justice in Argentina. The hope is that Argentina will actively pursue the case against Uribe
CCAJAR - alongside other human rights organisations - played a pivotal role in crafting the complaint, having submitted reports to the JEP regarding crimes committed by various military battalions across Colombia. These reports were also instrumental in the JEP's prosecution of soldiers. Two lawyers - one Swiss and one Argentinian - are leading the case, with CCAJAR closely monitoring and collaborating with legal organisations worldwide to bolster the effort. So far, we have presented the complaint to the Argentinian court, in addition to staging various other actions, such as sit-ins in Buenos Aires and media engagements. We must now present the evidence and ask the ICC for evidence of what they have. Four victims who suffered from these extrajudicial killings have also come forward in Argentina, so we hope this will mean that Argentina will actively pursue the case against Uribe. Predictably, Uribe's response has been to attack CCAJAR directly, employing a familiar tactic of discrediting the collective as a terrorist organisation and stating that the collective that presented the complaint is the same collective that has slandered him for thirty years.
For those of us without a legal background, could you explain the significance of having the case against former President Uribe heard by an Argentine court?
When considering potential venues, Argentina stood out due to its legal structure accommodating cases of human rights violations and internationally recognised crimes. Argentina was also already hearing cases from States other than itself, making it an ideal choice. Its geographic proximity to Colombia was another reason.
Do you have any hopes and expectations for the ongoing legal proceedings against former President Uribe? How do you envision this case contributing to accountability for human rights violations during his presidency and the fight for justice for victims?
Firstly, just to be clear, the legal battles against former President Álvaro Uribe Vélez unfold on multiple fronts, not just during his presidency.
One crucial case pertains to Uribe's governorship in [the region of] Antioquia, where he stands accused of contributing to paramilitary actions resulting in massacres, torture and other crimes. Then, transitioning to his presidency, additional cases document human rights violations under the Democratic Security Policy. These include the 'False Positives' strategy, as well as mass arbitrary detentions and various other offences.
CCAJAR has consistently collaborated with the Colombian justice system to secure serious and effective rulings, aiming for thorough investigations into these cases. Yet we have seen that, despite robust efforts, justice never gets to the people ultimately responsible. The intellectual authors of these crimes are always protected and left untouched.
Reinaldo Villalba Vargas with international lawyers and representatives from civil society organisations during a visit to PBI UK.
One emblematic case involving witness tampering highlights the challenges. Uribe, accused of bribery and procedural fraud, was initially detained and placed under house arrest. It was an enormous finca of 1.5 thousand hectares, but symbolically it was something that he was being accused of and tried for. However, he resigned as a senator to shift the case from the Supreme Court - the body that hears senators’ cases - to the attorney general's office - the head of which was somebody close to him - in the hope he would escape all charges.
Unsurprisingly, the Attorney General's office attempted twice to close the case through preclusion petitions. However, both of these failed due to judicial acknowledgement of the case's merit. Now, signs suggest another attempt might be underway. In my opinion, the delaying tactics being used by the Attorney General’s office are to get the case beyond the statutes of limitations, at which point Uribe wouldn’t be able to be tried for these crimes.
So, from the perspective of victims and advocates like CCAJAR, hope lies in the potential of universal jurisdiction to break the cycle of impunity. As the Argentinian legal system takes up the case, there is hope and expectation that justice will prevail for the thousands of victims who have sought redress for years. When you can’t gain justice in a country, you need to take it to an international stage. We are accompanying these victims in the hope that they will finally be able to put to rest these crimes.
Both you and other CCAJAR members have faced numerous threats, harassment, and attacks - including illegal State surveillence - which have escalated over the last few months. Can you expand further on the experiences you and your colleagues have faced and how this has impacted your and your colleagues’ work and the pursuit of justice in Colombia?
CCAJAR has existed for 45 years and I’ve been part of CCAJAR for the last 31 years, so I’m one of the longest-standing members. We have been persecuted for the entire time that this collective has existed as a result of the work we do in defence of human rights.
The harassment is multi-faceted, ranging from threats and arbitrary detentions to forced exile. This is in addition to the illegal surveillance orchestrated by the now-defunct presidential security services, the DAS. The impunity shrouding these persecutions is stark, even when we identify the perpetrators. Despite direct encounters with high-ranking civil and military authorities during Uribe's presidency, where the collective was attacked and vilified, justice has still eluded us. In response to this impunity, we've turned to the Inter-American human rights system, awaiting a ruling that, we hope, will condemn the State for its complicity.
The persecution affects us because instead of dedicating ourselves to defending the rights of others, we are forced to constantly defend our own rights. To give an anecdote in the context of DAS surveillance, several young CCAJAR members, who had recently joined, left the collective out of fear for their safety. It really underscores the remarkable courage of my colleagues, especially my female colleagues, who persist in raising their voices against adversity.
Reinaldo Villalba Vargas meeting Tony Lloyd MP and Lord Browne of Ladyton during his visit to the UK.
The toll on our families is also tangible, as they often become direct targets of the attacks. This is something that affects us deeply and affects us for life. It makes me think of the terrible experience of my colleague - Soraya Gutiérrez - who received a package from the DAS to her home. In the package, there was a decapitated and quartered doll, covered in red nail polish with its eyes burnt out. It came with a handwritten note, “You have a beautiful family. Care for it. Don’t sacrifice it.”. At the time, Soraya’s daughter was five or six years old.
Despite all this, CCAJAR has stood firm for 45 years, fighting without a break. We will not give in because that is what our attackers want.
PBI has provided protection to CCAJAR since 1995 - almost 30 years! How has PBI’s support been instrumental in ensuring the safety and effectiveness of your work? Could you share specific instances where PBI's presence has made a difference?
Beyond the tangible effects of PBI's presence and accompaniment in Colombia, their support also extends into the realm of mental and psychological well-being. I will give you an example involving my wife. Before embarking on tasks such as attending hearings or visiting different regions, she always asks, "Is PBI going to accompany you?". The affirmative response provides not only comfort for me but also a sense of ease for my family. While authorities furnish us with bulletproof vests, symbolically, PBI's protective accompaniment vests provide the most effective protection. PBI are the ones who have prevented attacks on our lives.
In hearings within military battalions, where we actually move around our perpetrators’ spaces, PBI's accompaniment not only annoys the hell out of them - and they’ll make direct comments about why these guys are here - but acts as a crucial deterrent. Another time, in Santa Marta, an incident unfolded while travelling with a PBI representative. We were being followed by a van with darkened windows, which accelerated suddenly and braked in front of us. At that moment, I thought, what if I had been alone? What if PBI had not been with me? Would they have bundled me into the van? Would I have been disappeared that night? I also know of other organisations where strange people have come into their offices, but PBI's presence acted as a shield. It is not just the PBI vest, but the presence of them being foreign - it is an enormous deterrent. Their presence is also crucial when we venture into areas of high conflict in Colombia, especially during the workshops we give in communities.
Additionally, PBI's own workshops - touching on topics such as case file security - and the psychological and emotional support they provide further fortify our capacity to navigate the challenges we face.
Then there is PBI’s impact globally. Their speaker tours and advocacy efforts ensure that the issues we confront receive attention on a broader stage. I also believe that PBI volunteers, even after leaving, continue to be ambassadors for human rights in Colombia and around the world.
This is why I say that the work of PBI is essential. I just hope their work can be better supported to guarantee their future and be able to expand further around the world.
In light of the challenges members of CCAJAR face, how can the international community, including civil society, the legal community and governments - particularly in the UK - support and amplify the efforts of CCAJAR, especially in the context of potential escalations and attacks against its members?
In general terms, the international community - including governments, the UK, the EU, civil society and the legal community - must maintain a vigilant focus on Colombia's situation and get behind the full implementation of the peace agreements. These agreements address critical issues such as security, the strengthening of prosecution services and the broader 'Paz Total' [‘Total Peace’] initiative proposed by President Gustavo Petro.
More specifically, the international community should actively contribute by supporting requests for protection from previous, current and future governments. There must be a concerted effort to ensure that investigations into human rights violations and attacks on defenders yield meaningful results. Current financial aid sent to the Colombian Attorney General's office should come with a robust accountability system to monitor its effectiveness because, at the moment, investigations into attacks on human rights defenders are having no outcomes. Since the signing of the peace agreement, over 1,500 community leaders and human rights defenders have been killed, and more than 450 demobilised guerrilla fighters have faced a similar fate. The international community must demand accountability for these cases.
I also think that governments should suspend providing financial aid and training to the Colombian intelligence agencies due to credible information that they are carrying out illegal surveillance against human rights defenders.
Another thing is easing visa processes for human rights defenders who may need to leave the country temporarily or indefinitely due to threats. Some people must choose to leave the country because of the threats they face, and in the past, I nearly did.
Governments should also increase financial support for humanitarian organisations working in Colombia, including organisations like PBI. Additionally, diplomatic representatives need to be instructed by their governments to engage with civil society and human rights organisations to reinforce the importance of human rights in the country.
In addition to this, if States fail to meet their responsibilities regarding human rights, sanctions - including the suspension of funding - should be implemented. This is crucial to hold governments accountable.
Finally, I just wanted to add that civil society organisations - such as the Colombia Caravana and UN Verification Mission - play a pivotal role in monitoring and advocating for human rights in Colombia, and working in tandem with these organisations really strengthens the impact of international support. Collaborations with lawyers’ associations - both nationally and internationally - also provide essential expertise and support in legal processes. In these litigation processes, we often need technical and scientific expertise. For example, in contamination studies, which are hugely expensive. Having people who work pro-bono or can expedite the process to get quicker results for victims is hugely beneficial. You can never have too many hands in the pot!
Find out more about the call by more than 45 human rights organisations for the UK Government to develop an effective and holistic policy for the protection of human rights defenders, incorporating some of Reinaldo’s calls, here.
Donate to help us organise more visits by human rights defenders to galvanise international support here.
