I wrote the following “letter to the editors” of various Colombian publications in response to “An Open Letter to the President” written and signed by various prisoners at Combita. I hope that it is helpful.
Dear Sir/Madam,
I recently read the “Open Letter to the President of Colombia” submitted by prisoners awaiting extradition. Expecting the usual protestation of innocence, I was pleasantly surprised to find a reasoned and reasonable petition by a group of prisoners who merely want their day in a Colombian court. Claims of innocence, arbitrary rulings, or corruption by judges are poor arguments against extradition. Warrants issued by foreign countries are based on factual evidence that supports illegal activity by wanted individuals. The evidence is not fabricated.
Extradition is an incredibly difficult ordeal. It is in and of itself a punishment, an extraordinary punishment. When I leave Bogotá for the United States I am always surprised to see families at the airport wailing for their loved ones. Think of how the prisoners and their families must feel. Individuals are forcibly taken away from their families and their country to be placed in a foreign jail where their language is not spoken and they are faced with the discrimination, conscious or subconscious, that is associated with being a minority.
The current problem with extradition is that there is no distinction between the little fish and the big fish. For example, it is fitting for the United States to ask Colombia to extradite drug dealers with the stature of Pablo Escobar. But it is singularly inappropriate to ask for the extradition of their chauffeurs and body guards, pilots, air traffic controllers, low level money launderers, corrupt customs officials, etc. As the open letter to the president suggests, Colombia should handle those cases itself.
The Colombian Supreme Court has actually done a praiseworthy job within the confines of Colombian law. After all, the court is not charged with determining the innocence or guilt of a defendant, only whether the requirements of law have been met (i.e., whether a valid indictment exists, whether the crime is recognized in Colombia, and whether or not the defendant has already been prosecuted in Colombia). In some cases the court has gone further, halting extraditions where it felt Colombia’s interests outweighed those of the United States. Capturing drug dealers is not as important as holding paramilitary and guerilla factions accountable for actions against their own population.
Colombia has come a long way. It is no longer a corrupt country controlled by drug dealers. It is a country perfectly capable of prosecuting its own. That is what it should do and that is what the prisoners are asking for. The legislature should act in conformance therewith and the president should take the lead.
Very truly yours,
David S. Zapp