The Jurisdiction of Peace rejected the request for submission of former paramilitary chief Rodrigo Tovar Pupo, known as ‘Jorge 40‘, for not providing full truth in the Single Hearing of Full Truth held on January 26 and 27. This was determined by the Special Subchamber D of Knowledge and Decision of the Chamber for the Definition of Legal Situations after contrasting, analyzing and evaluating the content of that judicial proceeding, carried out in Ibagué
During the hearing, in which he was given the last opportunity to prove his status as a third party civilian collaborator and financier of the self-defense groups, as well as his status as a subject functionally and materially incorporated into the public force in a pivotal role, the subchamber concluded that Tovar Pupo did not comply with the orders issued by the Appeals Section, which, among other things, implied supplying the full truth that reveals the macrocriminal patterns attributable to the Northern Bloc of the United Self-Defense Forces of Colombia (AUC).
The special subchamber also pointed out that Tovar Pupo failed to comply with various requirements made in the framework of his request, including presenting a clear, concrete and scheduled commitment to contribute to the truth. He also did not provide evidence that he financed and sponsored paramilitary organizations before joining the Self-Defense Forces of Córdoba and Urabá (ACCU). In addition, he failed to comply with the order issued by the Appeals Section to previously deliver the issues that he would address in the Single Full Truth Hearing, which on several occasions requested the subchamber.
In addition to providing the full truth, in the judicial proceeding Tovar Pupo had to “demonstrate his willingness to contribute to the reparation of the rights of the victims, as well as to the reconstruction of the history that led to the creation, expansion, and consolidation of the paramilitary groups.” with the support of State agents and third parties”. Despite the fact that he was warned that the breaches of those who voluntarily appear before the JEP are inadmissible, and that he was given the necessary guarantees to expose his contribution to the truth, the former paramilitary chief “did not comply with the orders issued.”
According to the court, Tovar’s statements “clearly show the applicant’s intention to offer little or no information to the JEP, also motivated to exclusively safeguard his own defensive interests, but not to decisively contribute to clarifying the truth for the victims and society.” », indicates the resolution by which its submission to the JEP is not admitted.
The magistracy underlines the express statement of the former paramilitary commander of “ignoring the JEP as the natural forum to air his truth as a combatant.” According to the resolution, Tovar Pupo stated that his possible participation as a civil third party was irrelevant and that his supposed hinge function with the public force was non-existent, to such an extent that he directly and promptly questioned the Appeals Section of the JEP for its interpretation of give transitional justice room for this path.
These repeated breaches left the JEP no other alternative than to terminate the Single Hearing of Full Truth of Tovar Pupo as a “unique and unrepeatable” setting for it to make its full truth contributions. Therefore, the Chamber for the Definition of Legal Situations ordered the rejection of his submission and his exclusion from the JEP “due to his evident unwillingness to comply with the conditionality regime,” he concluded.
