Extradition to the United States
In the early morning of May 13, 2008, Murillo Bejarano and thirteen other paramilitary leaders were taken from their jail cells in a surprise action by the Colombian government. According to Colombian Interior Minister Carlos Holguin they refused to comply with the country's Peace and Justice law and were therefore extradited to the United States. Although many people argue that this action is actually favorable to the criminal as he will only be charged for drug trafficking in the United States, instead of being charged for his many murders and illegal action in Colombia.[1] The next day, 'Don Berna' pleaded innocent to money laundering and drug trafficking charges filed by United States (federal) prosecutors of the Southern District of New York state. The judge ruled the trial will begin September 16, 2008.[2] On June 17, 2008, he pleaded guilty to trafficking tons of cocaine. [3] His lawyers and prosecutors agreed that he will be sentenced to 324 months to 405 months in prison. The sentence is scheduled to be determined December 18, 2008. The acting director of the United States Drug Enforcement Agency said that "American and Colombian communities are safer with the removal of this notorious drug kingpin." The National Movement of State Crimes, a coalition of several organizations of victims who suffered from state or paramilitary violence, has asked for the "return the paramilitary chiefs to the Colombian authorities so they may be processed by the ordinary justice system and not under the framework of the Law of Justice and Peace, since this framework benefits the victimizers and not the victims, since they have not told all of the truth, have not made comprehensive reparations to the victims, and have not dismantled their criminal structures.” [4] The Office in Colombia of the United Nations High Commissioner for Human Rights stated that “according to Colombian law, the reasons claimed by the President of the Republic to proceed with the previously-suspended extraditions are also grounds for their removal from the application of the ‘Law of Justice and Peace’ and for the loss of the benefits established therein”.[4] The Inter-American Commission stated that this “affects the Colombian State’s obligation to guarantee victims’ rights to truth, justice, and reparations for the crimes committed by the paramilitary groups. The extradition impedes the investigation and prosecution of such grave crimes through the avenues established by the Justice and Peace Law in Colombia and through the Colombian justice system’s regular criminal procedures. It also closes the door to the possibility that victims can participate directly in the search for truth about crimes committed during the conflict, and limits access to reparations for damages that were caused. This action also interferes with efforts to determine links between agents of the State and these paramilitary leaders.” [4] Notes
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