VP/HR — Detention of Jesús Santrich on 9 April in Colombia

11.4.2018

Question for written answer P-002071-18
to the Commission (Vice-President/High Representative)
Rule 130
Javier Couso Permuy (GUE/NGL)

Jesús Santrich, a former FARC commander and political leader, has been detained on the orders of Colombia’s Public Prosecutor Néstor Martínez (at the request of a judge in the United States). Placing Mr Santrich in detention in order to ensure he would appear in court was not necessary. The Public Prosecutor’s Office is not authorised to process the extradition of former guerrilla fighters (the Agreements state that only the ‘Special Jurisdiction for Peace’ is so authorised).

The Public Prosecutor has dealt a serious blow to the Agreements, which are already suffering heavily from serious instances of Colombia failing to honour its commitments, as well as from Mr Martínez’s constant attacks on the Peace Agreement, such as putting obstacles in the way of political participation by former guerrillas, acting without authority and levelling accusations against Mr Santrich, a Member of Congress, without any prior investigation and no regard for the presumption of innocence.

This is prejudicial to any normalisation of the situation. Moreover, doing so on the orders of a judge in the US is a violation of Colombian sovereignty.

The United Nations have called on the Colombian State institutions to evaluate all of the relevant facts ‘with the greatest discernment’, because the decisions taken will have profound consequences for the peace process.

1. What is the European Union’s position regarding Mr Santrich’s detention, which threatens the peace process (it breaches Transitory Article 19 of Legislative Act No 01 of 2017)?

2. What representations will the VP/HR make to the Colombian Government as a matter of urgency in order to ensure it complies with and implements the Agreements?