Colombia: Types of witnesses reportedly taken into protection programs, and whether a witness protection program arranges the smuggling of persons to other Latin American countries or Canada

Published details on the witness protection program of the Attorney General's Office of Colombia are sparse. In 1996, one source stated that the Colombian

government should increase funding to the attorney general's witness protection program, to allow prosecutors not only to protect those who testify against suspected drug traffickers and guerrillas, but also those whose testimony implicates security force members and paramilitaries accused of human rights violations (HRW Nov. 1996).

Also that year, another source reported that a key witness in the investigation of links between former president Samper and drug traffickers "was killed along with her bodyguard," and subsequently "her children fled to the U.S. and were reportedly placed in the government witness protection program" (NDSN Mar. 1996).

More recently, Human Rights Watch (HRW) stated that the Colombian government should provide "a significant increase of funding for the Attorney General's Human Rights Unit, including increased support for the Witness Protection program" (HRW Feb. 2000). Later in 2000, the Office of the Press Secretary of The White House reported that the United States was "providing ... support for witness protection and judicial security in human rights cases" (30 Aug. 2000).

For the same year, the U.S. Department of State reported that " suborning or intimidation of judges, witnesses, and prosecutors is common" (Country Reports 2000 Feb. 2001, intro.), adding that

The Constitutional Court found that defendants have the right to know the identity of their accusers and that elements of the law that permitted some prosecutors and witnesses to remain anonymous under exceptionally dangerous circumstances were unconstitutional (ibid. Sec. 1.e).

The same source states that "prosecutors reported that potential witnesses in major cases often lacked faith in the Government's ability to protect their anonymity and were thus unwilling to testify, ruining chances for successful prosecutions" (ibid.).

Hoewever, in early 20001 HRW reported that

U.S. funds meant to support the Human Rights Unit of the Attorney General's office have yet to be disbursed, a damaging delay that ignores the emergency nature of the human rights situation in Colombia. In addition, the Witness Protection Program continues to be seriously short of funds, limiting witnesses to only three months of protection. Once that period is concluded, witnesses are on their own again, exposing them to serious risk (Feb. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Reports on Human Rights Practices for 2000. February 2001. "Colombia." U.S. Department of State. Washington, DC. [Accessed 15 Aug. 2001]

Human Rights Watch (HRW), New York. February 2001. The Pastrana-Bush Summit: Human Rights Watch Backgrounder. [Accessed 15 Aug. 2001]

_____. February 2000. The Ties That Bind: Colombia and Military Paramilitary Links. [Accessed 15 Aug. 2001]

_____. November 1996. Colombia's Killer Networks: The Military-Paramilitary Partnership and the United States. [Accessed 16 Aug. 2001]

National Drug Strategy Network (NDSN), Washington, DC. March 1996. "Colombia Update: Prison Guards Arrested, U.S. Certification Questionable, Samper Asks Colombian Congress for Investigation, Key Witness Murdered." [Accessed 16 Aug. 2001]

Office of the Press Secretary of The White House, Washington, DC. 30 August 2000. Fact Sheet: Human Rights and U.S. Assistance for Plan Colombia. [Accessed 16 Aug. 2001]