Colombia's Human Rights Court Faces Existential Threat from Budget Cuts

Bogota, Colombia – Angela Cordon's quest for answers about her father and uncle's disappearance, victims of Colombia's decades-long internal armed conflict, has been significantly aided by the Special Jurisdiction for Peace (JEP), a transitional justice court. Established in 2016 as part of a peace accord with the Revolutionary Armed Forces of Colombia (FARC), the JEP investigates and prosecutes crimes committed during the conflict. However, a looming threat of substantial budget cuts, announced by President Abelardo de la Espriella's administration for 2027, could cripple the JEP's ability to function. The proposed reductions, valued at approximately 181 billion Colombian pesos ($57 million), alongside a Senate bill aiming to abolish the JEP by March 2028 and transfer its duties to the general court system, have sparked fear among victims and their families.

Angela Cordon, who has dedicated 23 years to finding information about her father and uncle, who disappeared in 2003, credits the JEP with providing closure that the traditional justice system could not. The court helped her understand her family members' captivity and the location of their execution, and has worked with former FARC members to locate remains. "Fewer resources mean fewer missions to the field to find answers, less humanitarian personnel," Angela stated, expressing concern that the cuts could halt progress in locating victims' remains and returning to significant sites.

President de la Espriella has justified the budget cuts as a necessary measure to manage Colombia's escalating public debt, which surpasses $370 billion. He stated, "It is my duty to manage spending, demand results, and allocate the government's limited resources to a justice system that serves everyone." However, critics question this rationale, noting that the overall 2027 budget, passed by presidential decree, is the largest in the country's history and increases spending in many areas. Critics also point to de la Espriella's repeated criticisms of the JEP, which he has labeled slow, ineffective, and biased against military personnel while being too lenient on rebels. He accused the court of "persecuting the heroes of the homeland" while "washing the hands of the guerrillas who committed crimes against humanity."

Victims' rights advocates strongly dispute the president's assessment. Ana Maria Rodriguez, a lawyer representing conflict victims, called the bias accusation "patently false," highlighting the JEP's convictions of top FARC leadership. While acknowledging the JEP's work is not perfect, she emphasized its crucial role in the peace process, which has become a global model. Rodriguez fears that budget reductions will lead to fewer convictions, increasing impunity, especially since many perpetrators have not faced justice outside the JEP. The court's practice of offering leniency in exchange for cooperation has been criticized, but Rodriguez argues these trade-offs are essential for providing resolution to families of the over 100,000 missing persons from the conflict. She warned that shrinking the JEP's funding would be "absolutely disastrous for victims."

In response to the potential cuts, over 20 Colombian Congress members have appealed to the International Criminal Court (ICC), which shares a similar mandate, for assistance. They expressed concern that the budget's approval would jeopardize investigations, trials, and the execution of sentences for crimes under the court's jurisdiction. Alberto Yepes, a spokesperson for the Colombia-Europe-United States Coordination Group, a human rights coalition, views the attacks on the JEP as part of a broader strategy by de la Espriella's administration to weaken accountability for state crimes. He suggests that by diminishing the JEP, the government aims to shield military leaders from future prosecution and promote impunity. This is further evidenced by a proposed "counterterrorism" bill that would increase penalties, criminalize protests, and make it harder to suspend military operations, all of which Yepes believes are designed to shield law enforcement from accountability and benefit a select few.