Country Reports on Terrorism 2013 - Colombia

Overview: In 2013, even with an increase of attacks on infrastructure, Colombia experienced a year of overall decreased terrorist activity, thanks in part to significant successes in its military campaign against Colombia's largest terrorist organization, the Revolutionary Armed Forces of Colombia (FARC). Although the government and the FARC reached tentative, partial agreements on land reform and political participation, no bilateral peace agreement was concluded.

The number of members of Foreign Terrorist Organizations (FTOs), including the FARC, the National Liberation Army(ELN), and several minor guerrilla groups killed in combat in 2013 went down by23 percent, from 439 in 2012 to 340 in 2013. Similarly, the number of members of FTOs and guerrilla organizations captured decreased by 17 percent, from 3,151in 2012 to 2,611 in 2013. At the same time, the total number of insurgents who demobilized in the same period rose by 18 percent from 1140 in 2012 to 1,350 in 2013. The FARC concluded the year by declaring a 30-day unilateral ceasefire starting on December 15, while President Santos stated the government would continue its military pressure against insurgents. The ELN also expressed a desire to find a "political exit." Although formal peace negotiations with the government have not started, the ELN released two high-profile victims of kidnapping and named a five-person negotiating team.

2013 Terrorist Incidents: As in 2012, the FARC focused on low-cost, high-impact asymmetric attacks. The most common forms of terrorist activity were the launching of mortars at police stations or the military, explosive devices placed near roads or paths, sniper attacks, roadblocks, and ambushes. Terrorist attacks on infrastructure – particularly on oil pipelines and equipment – primarily by the FARC and the ELN, increased by 46 percent in 2013 compared to 2012. Security forces and government buildings were the most common targets, although civilian casualties occurred throughout the year. Attacks were most common along the Venezuelan border in the departments of Arauca, Norte de Santander, and La Guajira, in the southwestern departments of Nariño and Cauca, and in the northwestern department of Antioquia.

In 2013, Colombian government statistics showed a seven percent decrease in attacks from 2012, with 830 terrorist incidents around the country compared to 894 attacks in the previous year. Among the terrorist attacks recorded in 2013, several were notable for their severity or significant press coverage:

• On May 10, Colombian police identified and neutralized a vehicle bomb that the FARC placed in a parking lot in Bogota. The vehicle contained 1.5 kilos of pentolite, enough to kill civilians in the immediate area, and was adjacent to a building that housed district attorneys.

• On June 20, FARC rebels kidnapped American citizen Kevin Scott Sutay when he entered FARC-influenced territory. On October 27, the FARC released Sutay after Colombian government, U.S., and other international pressure and Red Cross mediation.

• In October, repeated FARC attacks on energy infrastructure left the municipality of Tumaco in the Department of Nariño without water for almost a week and without power for more than three weeks. Similar attacks in Buenaventura in the Department of Valle del Cauca in November left approximately 400,000 residents without electricity.

• In October and November, the FARC carried out repeated attacks on the Cerrejon coal mine in the Department of La Guajira, which represents 40 percent of Colombia's coal exports. The FARC derailed coal trains on October 13 and 21, and killed one soldier and wounded two others that were guarding the mine on November 13.

• On December 7, the FARC attacked a police station in the town of Inza in the Department of Cauca, killing five soldiers, one policeman, and three civilians, and wounding more than 40 people.

Legislation, Law Enforcement, and Border Security: The legal regime governing the investigation and prosecution of terrorism cases in Colombia is governed by Section 906 of Colombia's Criminal Code, which phased in an accusatory system for the country's criminal justice system. The goal of Section 906 is to develop an evidence-based system of justice where cases are tried before a judge based on testimonial, physical, or documentary evidence with a "beyond a reasonable doubt" standard of proof.

The Prosecutor General's Office has a specialized Counterterrorism Unit with prosecutors assigned at the national level in Bogota, and in regions of conflict throughout the country. The unit has developed a great deal of expertise in investigating and prosecuting acts of terrorism and insurgency with the Prosecutor General's own Technical Criminal Investigative Body (CTI), Colombia's National Police (CNP), and the country's military forces. Most cases are prosecuted under traditional legal statutes that are used for narcotics trafficking and organized crime, such as conspiracy and illegal possession of firearms for exclusive use of the armed forces. There are some specialized statutes that the Counterterrorism Unit uses, such as "rebellion" under Section 467 of Colombia's Criminal Code. Colombia's rebellion statute criminalizes "those who, through armed conflict, seek to overthrow the Constitutionally-enacted government of Colombia."

On October 23, Colombia's Constitutional Court struck down a constitutional amendment intended to provide greater legal protection to members of security forces and expand the jurisdiction of military courts over crimes allegedly committed by members of the security forces. President Santos later publicly announced his intention to resubmit the bill to Congress in 2014, arguing such an amendment would encourage the military to be more effective in the fight against terrorism.

Colombian law enforcement units have demonstrated their capacity to detect, deter, and respond to terrorist incidents. However, there is room for improvement in interagency cooperation and sharing of terrorism-related information. Prosecutors are consulted at early stages of investigations and work, in coordination with counterparts in other components of law enforcement. The CNP has specialized counterterrorism units in the Intelligence, Anti-Kidnapping, and Judicial Police Directorates, all with advanced investigation techniques and crisis response capabilities. However, there is no single agency that has jurisdiction over terrorism-related investigations and post-incident response. Law enforcement units display clear and effective command and control within each organization. These specialized law enforcement units are properly equipped and supported with relevant training. Counterterrorism missions are demarcated to a limited extent between law enforcement and military units. Colombia's contemporary military and law enforcement units have an improved record of accountability and respect for human rights. In April, the Inter-American Commission for Human Rights formally removed Colombia from its list of human rights abusers in the region.

Colombian authorities created several military task forces to enhance coordination in combating terrorism. The CNP created fusion centers to ensure all operational missions coordinate intelligence, investigations, and operations under the command of regional police commanders. Additionally, the Police Intelligence Directorate inaugurated a 24-hour-a-day Citizen Security Center tasked with detecting, deterring, and responding to terrorist attacks, among other crimes.

Colombian border security remained an areaof vulnerability. Law enforcement officers faced the challenge of working in areas with porous borders and difficult topography plagued by the presence of illegal armed groups and illicit drug cultivation. The CNP lacked the manpower to enforce uniform policies for vehicle or passenger inspection at land border crossings. Biometric and biographic screening was conducted only at international airports.

Improved relations with neighboring Ecuador and Venezuela have led to some increased cooperation from those countries on law enforcement issues. Colombia also continued cooperation and information sharing with the Panamanian National Border Service. The CNP does not currently utilize advancepassenger name records, but is in the process of designing and procuring asystem that will allow it to do so.

Colombian authorities killed or arrested several important FARC members in 2013. An investigation revealed that the FARC, ELN, and the criminal gang "Urabeños" were working together in the department of Antioquia. In November, Colombian authorities cited new evidence recovered from seized FARC computers indicating the FARC paid a criminal organization US $500,000 to carry out the May 2012 assassination attempt against former Interior Minister Fernando Londoño. On December 15, a CTI-CNP operation killed FARC member Diego Fernando Tabares, the alleged planner of the Londoño assassination attempt and a separate future plot to assassinate former President Alvaro Uribe and current Prosecutor General Eduardo Montealegre. Colombian authorities also had improved results hindering the operations of terrorist support networks.

While kidnappings as a whole have declined in recent years, they continued to pose a real threat, especially in rural and insurgent-influenced portions of Colombia. In 2013, Colombia saw a 79 percent reduction in kidnappings from the same period in 2004. Organized extortion networks inhibit economic growth and subvert the rule of law where they are active, and the alleged failure of victims to accede to extortion demands is regularly cited as the cause for terrorist attacks. The CNP Anti-Kidnapping and Anti-Extortion Directorate (DIASE, also referred to as GAULA) has an international kidnapping unit to address any kidnappings involving foreign nationals.

Law enforcement cooperation between Colombia and the United States remained excellent. Evidence sharing and joint law enforcement operations occurred in a fluid and efficient manner, with information gathered in Colombia contributing to hundreds of prosecutions of U.S.-based criminals and organizations. The Prosecutor General's Counterterrorism Unit reported no investigations and prosecutions of acts of terrorism against U.S. citizens during the year.

Colombia continued to participate in the U.S. Department of State's Antiterrorism Assistance (ATA) program. ATA provided instruction and resources as part of a five-year plan to assist Colombia in building advanced, self-sustaining border security capabilities, to investigate terrorists and terrorist incidents, and to protect critical infrastructure. Colombia continued to establish itself as a regional provider of counterterrorism training, particularly with regard to anti-kidnapping and protection of national leadership training.

Countering the Financing of Terrorism: Colombia is a member of the Financial Action Task Force of South America against Money Laundering (GAFISUD), a Financial Action Task Force (FATF)-style regional body. Colombia stands out as a regional leader in the fight against terrorist financing,and has become a key part of a regional financial intelligence unit initiative aimed at strengthening information-sharing among Latin American countries.

Asset forfeiture cases developed by the Prosecutor General Office's Counterterrorism Unit were referred to the Prosecutor General Office's National Money Laundering and Asset Forfeiture Unit. The Unit's prosecutors were generally very experienced. Given the volume of case referrals from virtually all units in the Prosecutor General's Office, however, asset forfeiture prosecutors often found themselves overwhelmed.

The Prosecutor General's Office used the same legal asset forfeiture tools for seizing assets in all criminal cases, including organized crime, drug trafficking, and terrorism. On December 12, the Colombian Congress approved and sent to President Santos for his signature, a more stringent asset forfeiture law that established a technical legal regime to streamline the manner in which the Prosecutor General's Office processes such cases. The Prosecutor General's Office also initiated a process of restructuring that includes the creation of more specialized police units with expertise in asset forfeiture and organized crime, especially financial crime.

For further information on money laundering and financial crimes, see the 2014 International Narcotics Control Strategy Report (INCSR), Volume 2, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Regional and International Cooperation: Colombia is actively involved in the UN, the OAS and its Inter-American Committee Against Terrorism (CICTE), the Pacific Alliance, the Union of South American Nations, and is a founding member of the Global Counterterrorism Forum. The Colombian government frequently integrates the recommendations of the UN and OAS into its security and human rights decisions. The CNP operates an Interpol office of approximately 70 analysts, agents, and support staff. Colombia also led the creation of the American Police Community (Ameripol), with CNP Director General Rodolfo Palomino Lopez serving as Ameripol's president in 2013. Colombia also helped found the Latin American and Caribbean Community of Police Intelligence in 2005, whose Technical Secretariat is based in Bogota.

Colombia is becoming a key leader in providing security training and assistance to other countries in the region. From January through October, Colombia conducted security training for 7,627 non-Colombian individuals – including 3,818 individuals from Central America and the Caribbean – in counter-narcotics, citizen security, crime prevention and monitoring, and military and police capacity building. The CNP and military continued to operate schools that train security personnel from around the region. Colombia provided judicial training to regional judges and prosecutors in handling drug trafficking and terrorism cases, basic and advanced helicopter training to pilots from countries throughout Latin America, and maintained its elite Lancero and Jungla special forces courses open to students from other countries. Colombia hopes to deepen its international security cooperation by becoming a non-member partner nation of NATO. The government signed an information sharing agreement with NATO on June 25 and introduced it to Congress for approval on September 11.

Countering Radicalization to Violence and Violent Extremism: Colombia employed a robust and modern multi-agency approach to countering radicalization and violent extremism, with a focus on encouraging individual members and entire units of the FARC and ELN to demobilize and reintegrate into society. In 2013, a total of 1,350 FARC and ELN members and other dissidents had demobilized, an increase of 18 percent over 2012. The demobilization and reintegration programs provide medical care, psychological counseling, education benefits, and job placement assistance for former members of the FARC and ELN. In order to receive benefits, demobilized members of the paramilitary, FARC, and ELN must check in monthly. Recidivism rates were estimated at between 10 and 20 percent by the Colombian Agency for Reintegration.

The Colombian armed forces and police employed a number of fixed and mobile radio transmitters to broadcast strategic messaging to potential deserters. Such messaging was also seen in print, television, and alternative media. The Colombian military and police employed the same media to counter FARC recruitment efforts. Additionally, the Ministry of Defense organized highly publicized festivals and social events with celebrity participation to discourage the recruitment of vulnerable youth.