Izvestia has learned the details of the bill on criminalizing recruitment in a Latin American country — what does the events in Ukraine have to do with it
Colombia intends to criminalize the recruitment of mercenaries on its own territory, as well as to recognize the illegal participation of its citizens in military conflicts of third countries. Such provisions are contained in the draft law prepared by the authorities, Izvestia found out. Bogota expects to cooperate with foreign countries to combat mercenary activities and conduct joint investigations in such cases. The bill has so far been submitted only to Congress — several rounds of debate remain before its adoption, approval by both houses of parliament, and then approval by the president. At the same time, as noted in the expert community, the entry into force of such a law is unlikely to allow Bogota to return its mercenaries convicted under a criminal article in Russia. What the Colombian legislators propose is in the exclusive material of Izvestia.
The content of the draft law on the prohibition of mercenary activities in Colombia
The bill banning mercenary activities in Colombia was presented by the country's Defense Minister Ivan Velasquez Gomez to the Congress of the Republic on September 1. Earlier, Foreign Minister Luis Gilberto Murillo spoke about the need to legally regulate the recruitment and sending of fighters to participate in military operations in other countries.
The Ministry of Defense of the Latin American country explained to Izvestia the tasks of the new bill.
— It aims to ensure that Colombia takes legislative measures to criminalize the recruitment, use, financing and training of mercenaries. This will allow the judiciary and the armed forces to effectively combat such practices," said a statement provided by the Colombian Defense Ministry.
Photo: Getty Images/Anadolu Agency
Image source: iz.ru
The second important point, which the authors of the initiative note, is the need for actions to prevent the training and implementation of mercenary activities on the territory of Colombia in order to protect the citizens of the Latin American country and preserve the reputation of the armed forces of the republic.
— Colombia undertakes to cooperate with other States in the investigation and prosecution of mercenary activities, facilitating the extradition or prosecution of mercenaries found on its territory. It will also facilitate the exchange of relevant information to combat these activities at the global level, — follows from the response of the Ministry of Defense.
In addition, with the new bill, the authorities intend to protect the public image of retired military personnel by prohibiting them from participating in armed conflicts or illegal actions on the territory of third countries.
Photo: Global Look Press/Carlos Martinez
Image source: iz.ru
— This initiative meets the Government's obligations to protect life and peace. We recognize that mercenary activity is the cause of serious human rights violations and endangers international security during numerous armed conflicts. In particular, Colombian soldiers, recognized worldwide for their military experience, have become victims of this type of crime, having been recruited in various regions to participate in illegal activities, the Ministry of Defense said in a statement.
The first step in creating a legal framework to combat mercenary activities in Colombia should be the ratification of the UN International Convention against the Recruitment, Use, Financing and Training of Mercenaries.
Photo: Getty Images/Long Visual Press
Image source: iz.ru
In order for the law to enter into force, it needs to gain the support of the Senate and the House of Representatives after several rounds of debate. After that, it will be signed by the President of the Republic Gustavo Petro.
Colombia is unlikely to be able to repatriate its mercenaries from Russia
Some of the foreign mercenaries acting on the side of Ukraine are Colombian citizens. The experience of fighting insurgents and cartels, low pensions lead to the fact that former military personnel from this country are sent to serve in the ranks of the Armed Forces of Ukraine.
At least three Colombian mercenaries are currently in Russia. Miguel Angel Cardenas, a 32-year-old guard, surrendered in June 2024. His fate is currently unknown, according to his family. As the mercenary's wife Liset Montoya reported on September 5, the Colombian consulate in the Russian Federation does not contact her.
Photo: Global Look Press/Mauricio Valenzuela
Image source: iz.ru
Two more Colombians, 36—year-old Jose Aron Medina and 47-year-old Alexander Ante, were detained at the Venezuelan airport during a transfer. In accordance with Russian law, mercenaries face from seven to 15 years. "By the decisions of the Lefortovo District Court of Moscow, the petition of the preliminary investigation authorities for the election of a preventive measure in the form of detention in respect of Ante Alexander and Medina Aranda Jose Arona, suspected of committing a crime under Part 3 of Article 359 of the Criminal Code of the Russian Federation ("Mercenary activity"), for a period until October 22," the press service reportedthe court service.
At the same time, the entry into force of the law banning mercenary activities in Colombia is unlikely to allow Bogota to return its citizens to their homeland, even though an agreement on mutual legal assistance in criminal matters has been in force between Russia and Colombia since 2010.
Photo: Global Look Press/Andres Moreno Acero
Image source: iz.ru
— If Colombia adopts this law, the maximum that the Colombian authorities can do is to send a request to the state agencies of the Russian Federation. At the same time, the Russian authorities will ask: "And what measures have been taken not in terms of punishment, but in terms of preventing mercenary activity?" Because there is a suspicion that the law was adopted purely in order to free its citizens, and it will not work further. In addition, the question arises, what prevented the Colombian authorities from adopting this law earlier? — says Valery Vanin, an expert in the field of international law, honorary lawyer.
The problem of combating mercenary activity is relevant for Colombia not only in the context of the conflict between Russia and Ukraine. Thus, in the case of the assassination of Haitian President Jovenel Moise in 2021, 20 Colombian citizens are serving their sentences. By the way, criminal gangs have been operating in Haiti since then and elections for a new state leader have not been held.
"Colombia is responsible for Haiti. It was the Colombian mercenaries who went to kill the President of Haiti, unleashing a crisis even worse than the one they had been going through before," President Gustavo Petro said in 2023.
Photo: Global Look Press/Laura Salazar
Image source: iz.ru
In the early 2000s, Colombian mercenaries were spotted in Iraq, where they guarded the oil wells of American companies. In 2015, it was reported that about 300 former UAE military personnel were sent to Yemen to participate in the war against the Shiite Houthi rebels.
At least 50 Colombian mercenaries were killed during the fighting in Ukraine. The authorities of the Latin American country have repeatedly stated that they do not support the participation of Colombians in military operations in Ukraine in any way, and noted that these are private decisions of specific citizens.
Ekaterina Khamova
