16th International Advocacy Competition

 

 THE MEMORIAL - CAEN     30 JANUARY 2005


SPEECH IN DEFENCE OF

THE LIBERATION OF INGRID BETANCOURT

 

 

Etienne ROSENTHAL

NANTES - FRANCE  

 

"Leading citizens of Thebes , look at the last of your princesses. See what treatment I am subjected to and at the hands of such people! Because of my pity."

 

I thought of the cry of Antigone as she went willingly to her death as I read the one and only letter that Ingrid Betancourt had written the day of her kidnapping, that FARC sent to her family.

 

More than 1000 days have gone by since 23 February 2002 .

 In other words, a small eternity for her family, her children Melanie and Lorenzo and all her friends both known and unknown who have discovered the gentle face of this big hearted activist.

 

Ingrid Betancourt was born in Bogotá on 25 December 1961 into a family passionately devoted to Colombia .

 

Gabriel her father dedicated his life to education, firstly setting up an Institute to fund student loans, then his work as Minister of National Education that led to his service with UNESCO.

 

 

Yolanda Pulecio, Ingrid's mother was only 18 years old when she set up the first Hostel for Children abandoned on the streets of Bogotá and it was completely natural that her work on behalf of the disinherited brought her later to the Senate.

 

Be of service, yes, but with honour!

 

 

Ingrid studied Political Science in Paris prior to 1983 when she married Fabrice, a young diplomat with whom she had two children and a life that brought her for a time far from her native country.

 

 

Doubtless she had in mind the deep concern shown by her parents for the less fortunate when walking up the Champs Elysées on 14 July 1989 , Ingrid shared with her sister Astrid her longing to be of service to Colombia .

 

The assassination on 18 August 1989 of the leader Luis Carlos Gallan, a friend of the Betancourt family and candidate in the Presidential elections delayed by the fall of Pablo Escobar, made up her mind.

 

 

Ingrid flew to Bogotá in January 1990 with deep anger in her heart.

 

 

 

 

 

 

 

The people of Colombia welcomed Ingrid by opening the doors of Parliament to her, first as a Deputy in 1994 then as Senator in 1998 with a mandate to return dignity to Colombia, of course, but also international prestige, by fighting against corruption and the taking over of power by the drug traffickers, power held absolutely in the hands of President Samper.

 

 

I cannot help but think that if the successor to the last mentioned, President Pastrana had respected his promise to bring in political reforms and had never broken the peace agreement, the extreme right would never have won the presidential elections in 2002 thereby putting President Uribe in power for four years in Colombia .

 

 

A believer in strong government, he promised his people an end to the civil war and described the right-wing paramilitaries as terrorists just as he did the left-wing guerrillas.

 

 

The decommissioning of paramilitaries militias?

 

Fine!

 

But why bring out the heavy guns against FARC when one agrees to sit at a table to negotiate an Amnesty for atrocious crimes committed by the paramilitaries?

 

 

Indeed how can you explain such a difference in the treatment of right wing paramilitaries and left - wing guerrillas?

 

 

Is it because of the alleged links between President Uribe and the Medellin cartel or because his father was assassinated by FARC in June 1983?

 

 

Congratulations, gentlemen, on the picture that you paint of democracy in Colombia , elevating injustice as a method of negotiation!

 

 

That image will last for quite some time to come! 

 

 

I will not burden myself with diplomatic formulae in order to "deal" with a vague promise of freedom with a government that did not know how to prevent the assassination in 1996 of Elisabeth Montoya. I have heard that she had in her possession proof of the links between President Samper and the drug cartel in Cali .

 

In the name of Human Rights,

 

 

1/ I demand that Colombia give up for good any plan that endangers Ingrid Betancourt's life.

 

 

Everyone knows that it is unrealistic to wish to free a hostage by bombing these jailers and that she would face certain death as happened on 5 May 2003 in the case of two advocates of non violence Guillermo Gaviria, governor of Medellin and Gilberto Echeverri, former Minister of Defence, both kidnapped by FARC during a peace march.

 

 

 

 

 

Ingrid Betancourt reminded you in the last video made by FARCand shown on 30 August 2003 :

 

"A rescue mission, if it is not successful, should not be undertaken."

 

 

It is a case of neither more nor less than respecting the terms of article 3 of the International Convention against hostage taking, passed by the General Assembly of the United Nations on 17 December 1979 and ratified by the Constitutional Court of Colombia on 6 May 2004 :

 

" The State in the jurisdiction where the hostage is detained as a result of a crime, takes all steps it judges appropriate to improve the fate of the hostage, especially in order to bring about his/her freedom and, if need be, ensure his/her departure following his/her release."

 

 

2/ I demand that Ingrid Betancourt be freed within the absolute context of a humanitarian exchange

with FARC prisoners.

 

Firstly because the Colombian Government has shown that it was able to negotiate peacefully with terrorists as is evident from the freeing of hostages held by the M19 group in the Embassy of the Dominican Republic in 1980 and also the freeing of Juan-Carlos Gaviria, brother of the former president of the Organisation of the American States in 1996.

 

As well and above all because a historic precedence has existed since the agreement of  "Les Pozos" reached in June 2001 between President Pastrana and Manuel Marulanda, Chief of the FARC.

 

 

President Uribe,

 

 

What is the value in freeing 50 rebels into the jungle for a government that allows the illegal activities of 20000 paramilitaries and that will get in return the release of 59 hostages, among them 22 politicians including Ingrid Betancourt?

 

 

Why refuse to demilitarise, on a selective basis, two areas of the department of Caqueta, when the Colombian Government already agreed to such a demand in 1970 to obtain the liberation of Senor Londono, father of a former Minister of Internal Affairs and Justice?

 

Don't you understand that it is a case of merely avoiding all armed attacks during the humanitarian exchange?

 

And you cannot really say, either, that you do not want to force FARC to negotiate in Bogotá, even in a foreign embassy because by speaking ambiguously one loses all credibility.

 

President Uribe,

 

I am saying to you publicly in the name of the Betancourt family:

The time for hesitation has passed, we are waiting for an immediate and tangible answer; the liberation of Ingrid, in a safe and sound condition.

 

Dear Yolanda, Astrid, Melanie, Lorenzo, Fabrice, Juan-Carlos, and all those who fight publicly or in the background to obtain the liberation of Ingrid, Clara, and so many others.

 

 

Dear Ingrid,

 

I know well that Justice in Colombia has lost its persuasive power and that a number of murders, rapes, kidnappings, trafficking of women and children and the forced movement of the population often remains unpunished.

 

 

When I think of those responsible for your kidnapping risk a term of between 20 and 40 years in

prison under the terms of article 170.3 of the Colombian penal Code!

 

It is not surprising that the United Nations Human Rights Committee is outraged by the low number of enquiries undertaken by the government with regard to the most serious violations of International Human Rights Law!

 

But are you aware that an International System of Penal Law has existed since 17 July 1998,when the Statute of Rome, creating the International Court of Penal Law, was agreed by 120 countries, among them Colombia.

 

The Statute of Rome came into effect on 1 July 2002 .

 

Since then all those who are found guilty of genocide, crimes against humanity or war crimes are liable to be brought before the International Penal Court , either at the request of a member State or following the demand of a public prosecutor or by referral from the UN Security Council.

 

I am telling you, your family and all those who struggle for peace and Human Rights in this country: Colombia can refer to the International Penal Court the most serious crimes, the victims of which must not be sacrificed on the altar of reconciliation or pardon.

 

First of all because Colombia has shown and can justify that it has not the capacity to bring to a successful conclusion these judicial enquiries and thereby ending definitely impunity.

 

Next because all armed groups have one thing in common: they have all committed terrible crimes that cannot be compensated for either by reparation or reconciliation.

 

I have said it and I repeat today in Caen with the hope that this is noted by (the Colombian Government in) Bogotá:

 

Article 8, paragraph 2C of the Statute of Rome defines by "war crimes" the serious violations of article 3 shared by the 4 Geneva Conventions of the 12 of August 1949, ratified by Colombia in 1960 and in particular, mentions the kidnapping of people who have no direct links with a war, in the case of an armed conflict that is not of an international nature.  

 

 

Colombia then has only one single alternative:

 

Either it chooses the road of a lasting peace and refers to the International Penal Court all the crimes committed since 1 July 2002 without differentiating between crimes committed by the extreme -right and those committed by the extreme left. Or else it persists in its discriminatory management of the crisis and the Prosecutor of the International Penal Court will eventually end up taking the initiative to indict….

 

President Uribe, because it is to you I turn, finally:

You have been elected because civilians could take no more of the violence that reigns in your country and because you have promised them peace.

 

You must understand that the freeing of Ingrid Betancourt and beside her, all the hostages, demands above all a universal political response but one that has regard for the basic human rights of each human being.

 

It is your turn to take action for Equality and Justice in Colombia .

 

                                                                                                                      Etienne ROSENTHAL.