Barranquilla Court Denies Freedom to Former Paramilitary Leader Mancuso

The Barranquilla Justice and Peace court has denied extraordinary release to former paramilitary leader Salvatore Mancuso. This, despite last week’s decision by the Bogota court approving the release of the recently extradited prisoner, citing his role as a future peace mediator, at the government’s request.

For the special transitional court in Barranquilla, set up to judge paramilitary crimes, the government’s designation of Mancuso as peace mediator “was unconstitutional”. In the first hearing held in Bogota a few days ago, Mancuso was considered to have served two thirds of the 8-year prison sentence he received under transitional justice, that is, the result was in favor of his release.

Since the former paramilitary leader arrived in Colombia, he has appeared in several hearings in which he has sought to be released. On this occasion, Carlos Andres Perez, magistrate of control of guarantees of the Barranquilla Court of Justice and Peace, considered that his release would constitute a pardon, a benefit only granted to those who commit political crimes. Mancuso’s case is different, because he committed war crimes and crimes against humanity.

Protecting victims’ rights

According to the magistrate, Mancuso’s release would affect the rights of the victims. “The Chamber determines that the presidential resolution 244 of August 14, 2023 has serious flaws that make it incompatible with the Political Constitution by seeking an open and unlimited release for a candidate for the benefits of Justice and Peace”, states the sentence, in reference to the designation as peace mediator by the government of President Petro.

Throughout the process there have been discrepancies between different government agencies regarding Mancuso’s release. While the Attorney General’s Office and the Executive have endorsed his release, citing his role as peace mediator to bring the residual paramilitary groups that emerged from the demobilization in 2006 of the former United Self-Defense Forces of Colombia (AUC) closer to the dialogues, the Attorney General’s Office has expressed its rejection, alleging “lack of clarity” in the future functions of the prisoner.

Mancuso still has 33 arrest warrants outstanding against him for his responsibility in 34,002 crimes against humanity and war crimes.

Last chance for Mancuso

Next Friday, March 15, Salvatore Mancuso will have his last chance to obtain an extraordinary release. The third hearing is scheduled for that date, where the criminal situation of the imprisoned man will be conclusively defined.

Mancuso arrived in Colombia last February 27 after more than a decade in the United States, where he was imprisoned for drug trafficking. He is currently being held in Bogotá’s Picota prison. After his return to the country, a letter was published in which he assures that “in spite” of the pending cases against him, he is willing to appear before justice and comply with the commitment to tell the truth.

In a letter released upon his arrival in Colombia, the former paramilitary leader states that he remains firm in his commitment to “honor his word” with President Petro and support the government’s Total Peace project.

“In this sense, Mr. President, both the ex-commanders of the AUC, as well as myself personally, are ready to formally install, as you announced at the time, the technical table for the definitive closure of the Ralito negotiations (2003 agreement that initiated the paramilitary demobilization process, finalized in 2006). This is your and our moral duty to Colombian society and to the communities in the territories where we fought this war,” says the former paramilitary leader in his letter.