After a study and a public hearing to determine if the general (r) Jesus Armando Arias Cabrales had breached its commitments to the truth and the victims, the Special Jurisdiction for Peace (JEP) expelled the officer for not providing the full, exhaustive, and detailed truth.
(Also read: Victims demanded that Arias Cabrales tell the truth regarding the Palace of Justice).
Arias Cabrales will then have to return to ordinary justice, where he has a 35-year prison sentence. for the forced disappearance of 11 people during the retake of the Palace of Justice on November 6 and 7, 1985, following the takeover by the M-19 guerrilla.
He did not give details of how the victims were characterized, of the reasons for pointing them out as suspects, of the transfers made to other civil and military installations…: JEP
According to the JEP, the retired general violated the conditionality regime that all those appearing must comply with, since during the single hearing for contribution to the truth, which was held in January, the high official did not make full, exhaustive, frank and detailed contributions on the events that occurred during the seizure and retaking of the Palace of Justice.
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Through resolution 1063 of March 16, 2023, following analyzing the answers provided by General (r) in the truth procedure of January 17 and 18, the peace jurisdiction determined that the appearing party “did not have any purpose of clarifying a minimum of truth, much less the total truth of the facts for which his criminal responsibility was determined ”, reads the 63-page resolution.
(We invite you to read: Before JEP, General Arias Cabrales talks regarding the disappeared from the Palace of Justice).
For the Chamber for the Definition of Legal Situations, Arias Cabrales ignored that ordinary justice had already convicted him as a co-perpetrator of forced disappearance, considering that he had an “essential and definitive” contribution in at least 11 disappearances, and in the hearing before the JEP he dedicated himself to refer to matters that are not under discussion.
Precisely, in the January hearing, the accredited victims spoke of the damage caused, asked the reasons why their relatives were disappeared, demanded to know the truth and asked for clear answers, something that the general did not provide. For that reason In that same hearing, the accredited victims and the Attorney General’s Office had requested the expulsion of Arias Cabrales from the JEP.
“The appearing party did not provide information regarding the enlistment and immediate reaction of the National Army to repel the actions of the M-19; He denied an indisputable fact such as the control that he exercised over the commanders of the Brigade units, as well as the other agents of other tactical and intelligence units deployed by virtue of the ‘Plan Tricolor 83’. Despite explaining that he controlled the actions of his subordinates by radiotelephone, he contradicted his statement indicating that, not being a ‘radio-operator’, he did not have this device at all times, but only when required, ”he says the resolution.
Nor did it provide information that would allow the whereregardings of the people who are still missing today to be established.nor the remains of those who have been partially handed over by the authorities to their relatives.
(We suggest you consult: JEP cannot receive deserters once more: Judge Vidal).
In the same way, he did not delve into the circumstances in which the violation of human rights occurred due to the actions of the members of the public force that he commanded in the operation to retake the Palace of Justice.
“Nor did he give details of how the victims were characterized, of the reasons for pointing them out as suspects, of the transfers made to other civil and military installations, the way in which the workers of the Palace cafeteria were segregated and the reason that there were no survivors from this facility as happened with the other workers and visitors from other dependencies” of the Palace of Justice.
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