Amnesty International has raised concerns over Colombia’s ongoing use of military courts to handle cases involving potential human rights violations by the armed forces and police. This move, it argues, perpetuates a system of impunity that remains untouched by decades of legal reform. According to Amnesty International, while Colombian constitutional law dictates that such cases should be heard by civilian courts, the military’s jurisdiction often expands to include homicides, excessive use of force, and other serious abuses.
The military criminal justice system, Justicia Penal Militar (JPM), is at the heart of these jurisdictional conflicts. Despite Colombia’s efforts to reform its judicial framework since the 1990s, the JPM continues to exercise authority over cases that international standards assert should remain within civilian jurisdiction. Between 2021 and 2024, an analysis of jurisdictional disputes reveals that both military and civilian judicial actors misallocate these cases, often obstructing justice for victims by bogging down investigatory processes.
Amnesty International emphasizes the incompatibility of the current system with international law. According to the report by JURIST, the continued involvement of military judges in such cases violates international standards which prohibit military jurisdiction over civilian matters. The organization has suggested that a constitutional amendment explicitly removing the National Police from military jurisdiction is essential.
Ambiguities in Article 221 of the Colombian Constitution and the stipulations of the Military Penal Code still allow jurisdictional leeway. This legal murkiness is compounded by the ongoing designation of certain police operations and abuses as “in the course of service,” allowing these cases to migrate into the military system. This occurs despite three decades of Constitutional Court rulings requiring civilian oversight.
Highlighting emblematic cases such as the enforced disappearances from the 1980s, Amnesty International notes a persistent pattern of jurisdictional overreach and ensuing impunity. This pattern extends into recent years, with instances of police misconduct during protests often being mishandled by both judicial systems, thereby obstructing accountability.
The organization calls for comprehensive legislative reforms to prevent military authorities from initiating investigations into human rights violations. Such reforms would ensure these matters remain strictly within the civilian judicial system. Additionally, Amnesty urges training for both military and civilian judicial operators to align their practices with international standards and existing Colombian jurisprudence.
This situation raises broader questions about the separation of judicial powers and military influence within Colombia. Reforms are necessary not only to adhere to international human rights standards but also to restore trust in the country’s legal system by ensuring impartial and fair adjudications of serious allegations against state actors.