Court refuses to try former general accused of encouraging civilian murders

A COURT has refused to allow a trial for a retired general accused of offering incentives that led soldiers to murder 104 civilians and pass them off as guerilla fighters killed in combat during Colombia’s long civil conflict.

Mario Montoya had appeared at a court hearing last week, where he was going to be charged with murder by the Attorney General’s Office.

But Bogota’s Superior Tribunal stopped prosecutors from pressing charges while they considered the case. The court ruled Montoya is not under the jurisdiction of ordinary courts because he is cooperating with a special tribunal created by the 2016 peace deal between the government and the now-disbanded Revolutionary Armed Forces of Colombia (FARC).

The ruling will be appealed against by relatives of civilians killed by soldiers under Montoya’s command, who are hoping the case sets a powerful precedent.

Montoya was commander of Colombia’s army between 2006 and 2008 and is the highest ranking officer who has faced charges so far over the executions of civilians, who were abducted by soldiers, killed and presented as rebel fighters in what is known as the “false positives” scandal.

Prosecutors say they have gathered evidence proving Montoya pressured his subordinates to increase the number of enemy fighters killed in combat and rewarded soldiers who provided the most kills with holidays and promotions.

This policy allegedly motivated some soldiers to abduct civilians, murder them and present them as dead guerilla fighters.

Montoya denies the charges.