Simón Trinidad
Encyclopedia
Simón Trinidad is the alias of Juvenal Ovidio Ricardo Palmera Pineda, a high-ranking member of the Revolutionary Armed Forces of Colombia
(FARC), and reputedly the first high-ranking member of that guerrilla group to be captured. "Simon Trinidad" is currently imprisoned in the United States where he is serving a 60 year sentence at ADX Florence
"Supermax" prison in Florence, Colorado
.
in the Colombian northern Cesar Department
, on July 30, 1950. Son of Liberal leader
Juvenal Palmera and Alicia Pineda de Palmera. He was named Juvenal Ricardo Ovidio Palmera Pineda, with an unusual third name to his name. He is known to have three siblings: two sisters, Leonor and Elsa and a brother, Jaime.
He spent most of his childhood in Valledupar, were he attended middle school classes in the public school Colegio Nacional Loperena, one of the better schools in the city at that time. He also frequented the Valledupar Social Club. Part of his high school education was completed in the Colegio Helvetia in Bogotá
. He spent his last two years of schooling in Cartagena
, in the Naval School of Cartagena. He then enrolled in the Jorge Tadeo Lozano University, in Bogota, where he studied Economics. He also attended Harvard University, where he completed graduate work in business economics.
After graduation, he returned to Valledupar and started working for the government owned agrarian bank Caja Agraria del Cesar as a financial adviser. During this time he married.
He then started to work for the administrative staff of the Popular University of Cesar and also became part of the academic cadre as a professor of Colombian Economic History in the Administrative Sciences Department. At the same time, he also worked as bank manager for the privately owned Banco del Comercio (Bank of Commerce).
While teaching at the Popular University of Cesar, Palmera, some fellow professors and others became leftists. They perceived that bipartisan Colombian administrations ignored the pleas of the poor peasants in the area for fairer credit and land reform
. By September 1981, Palmera, Jaime Sierra, Tomás Agudelo and Federico Palacios Romaña had created a group named Los Independientes (The Independents) of Marxist-Leninist
orientation. They also supported the Patriotic Union Party
created in 1985. This party was subject to political violence from drug lords, paramilitaries and military agents, leading to the forced disappearances, kidnappings and assassinations of many of its members, while others later became active guerrillas or refugees overseas.
In 1987, after a peasant strike in the Alfonso López plaza in Valledupar, Palmera stole 30 million pesos from the bank where he was working as a manager and escaped into the mountains, apparently joining the FARC at this time. He also took with him financial records that he would later use for extortions and kidnappings of traders and landowners.
in 1987, confirming this in 1991. By then he was believed to be in command of FARC's Front 41, created by Palmera in June 1990, which operated in the area of the Serrania del Perija
mountain range. Palmera had adopted the aliases of Simón Trinidad and Federico Bogotá, and later also became part of the Bloque Caribe (Northern Caribbean Bloc of the FARC-EP).
His area of operations included Valledupar. Despite Valledupar's being a relatively small city, with less than 300,000 inhabitants, kidnappings in the city would rise, eventually becoming the city with the highest kidnapping rate in Colombia,. According to Medios para la Paz, a group founded by Colombian journalists, Colombian guerrilla groups kidnapped a total of 1,000 people, (300 a year, 25 a month) in the Cesar Department
, between 2000 and 2003. Paramilitary groups also began to grow in the region.
In May 1992, Palmera and Abelardo Caicedo (aka "Solis Almeida"), ordered the kidnapping and later the murder of Colombian Navy Lieutenant Álvaro Fernando Morris Piedrahíta. On August 17, 1994, he was assigned to command the Front 19 known as José Prudencio Padilla that operated in the Sierra Nevada de Santa Marta
mountains.
On December 11, 1995, Colombian authorities learned that "Simón Trinidad" had become the sixth commander in-line of the FARC's Caribbean Bloc, being in charge of guerrilla propaganda. In November 1996, Colombian authorities discovered that Palmera was now third in the chain of command of the Estado Mayor del Bloque Caribe (Major State of the Caribbean Bloc; the higher command of this bloc).
In 2000, investigators from Human Rights Watch
interviewed Palmera in Los Pozos, Caquetá. He was quoted as dismissing international humanitarian law
as a "bourgeois concept".
On July 4 of the same year, while in San Vicente del Caguán
, Caquetá and acting as FARC's speaker, he announced that the group was going to attack any aircraft or troops that performed any fumigation on coca
or poppy
plantations in southern Colombia.
He continued to participate as a highly visible negotiator during the failed 1998–2002 FARC-Government peace process (1999–2002) held under Conservative
President
Andrés Pastrana
.
, Ecuador
, by local authorities and speedily deported to Colombia, where he faced charges for rebellion, the kidnapping and later assassination of Colombian former minister Consuelo Araújo
and various other criminal offenses that he allegedly committed, including the extortion or kidnapping of several of his former banking associates, former childhood friends and relatives. His exact rank within the FARC was not made clear by either the rebels or Colombian authorities at the time of his capture.
In November 2004, the Colombian Supreme Court approved the extradition of Palmera to the U.S., on charges related to the drug trade and money laundering. The extradition would then proceed if President Uribe gave final approval to the move.
In a communique dated November 28 but released on December 3, the FARC declared that Trinidad's extradition would be a serious obstacle to reaching a prisoner exchange agreement with the Colombian government.
On December 17, 2004, the Colombian government authorized Palmera's extradition to the United States, but stated that the measure could be revoked if the FARC released all 63 (political and military) hostages in its possession before December 30.
The FARC did not accept this demand, and Palmera himself had previously stated that he considered his future extradition and prosecution in the U.S. an opportunity to publicly protest against the Uribe administration. As the deadline passed, the Colombian military was placed on high alert, and the U.S. embassy in Bogotá issued a terrorism alert to U.S. citizens in Colombia. The extradition was signed by president Álvaro Uribe and Palmera was placed on a DEA
aircraft bound for Florida
. "Simón Trinidad" was extradited to the United States in the afternoon of December 31, 2004.
Palmera has also been accused of "hostage taking" because of his alleged complicity in the capture of three U.S. contractors, who crashed while conducting surveillance over rural areas under FARC influence and control. Palmera has been related to this case due to his alleged admission that he had traveled to Ecuador
, where he was arrested, in order to arrange for the negotiation of a prisoner exchange with the Colombian government. The defendant has argued that such efforts were made under the auspices of the UN. There is apparently no evidence that Trinidad had any personal connection with the plane crash, or the decision to take the US contractors captive. The other "co-defendant" in Palmera's case is the entire FARC organization. Judge Thomas Hogan
authorized the publishing in Colombian newspapers of a summons for the FARC organization to appear in court to answer the charges.
http://www.townhall.com/opinion/columns/robertnovak/2003/02/20/169326.html
The court heard arguments on Palmera's status as a prisoner of war in January. Simon Trinidad's Colombian lawyer testified at the same hearing to rebut FBI claims that he had consented to the interrogation of Mr. Trinidad without the assistance of legal counsel, something totally forbidden in Colombian law. The court has yet to rule on combatant immunity, the admissibility of the alleged confessions to the FBI, and of evidence of other crimes allegedly occurring in Colombia.
Since his extradition to the United States, Simón Trinidad has been held incommunicado in Washington DC without access to his lawyer. He also has numerous cases pending against him in Colombia. This trial appears to be the first of many intended to put pressure on the FARC to demobilize, a strategy that has been used with apparent success against the AUC
.
News stories circulated by El Tiempo, RCN TV
, and Caracol TV
initially reported that, according to General Carlos Suárez of the 5th division of the Colombian Army, Simón Trinidad and Sonia
were cooperating with US authorities to help capture other FARC guerrillas, including Farouk Shaikh Reyes. This became an issue in court; Judge Hogan and Ron McNeil, a federal prosecutor, both denied this on the record. El Tiempo and RCN subsequently reported this denial.
On October 30, 2006, a former female guerrilla who claimed to operate Trinidad's radio during his time as commander of the FARC's Front 41 in the Sierra Nevada de Santa Marta
, testified against him. She said she witnessed Trinidad ordering a subordinate to collect a ransom payment for the kidnapped former mayor of Valledupar
, Elías Ochoa, in 1998. She also claimed that:
On November 21 of 2006 a mistrial was declared due to a hung jury
, which was unable to reach a unanimous verdict. The U.S. prosecution arranged a new trial.
On July 9, the jurors declared Palmera guilty of the charge of conspiring to hold the three U.S. contractors hostage.
The next day, jurors informed the judge that they could not reach a common verdict on the other four remaining charges, resulting in a partial mistrial. U.S. prosecutors then indicated that they could recommend a lower sentence for Palmera's subsequent conspiracy conviction if FARC released the three Americans unharmed within the next two months.
On January 28, 2008, Palmera was sentenced to 60 years in prison.
The El Tiempo newspaper reported that U.S. prosecutors in charge of Palmera's case were surprised by the existence of the letter and its publication, since Palmera is held in solitary confinement and his lawyers are prohibited from distributing any information.
Palmera's lawyers denied the letter's authenticity before Judge Tom Hogan during his first U.S. trial, arguing that Palmera wasn't its real author and blamed the FARC for producing it as a form of political propaganda.
Prosecutors considered that the detailed letter, if in fact it was actually written by Palmera, could constitute a federal crime, which may be used against him in court.
All drug charges against Trinidad were dropped in May 2008.
n FARC guerrilla group. The group considers Palmera to be "one of Latin America's most important leftists," stating that "everyone who is against injustice and who wants to oppose the imperial arrogance of the Bush administration should join [them] in the effort." 14 members of the Committee participated in an October 10, 2006 protest that preceded the beginning of Trinidad's trial.
The "National Committee to Free Ricardo Palmera" states on its website that "[we are] made up of Colombia solidarity activists in the U.S. and around the world. We ask all those who oppose U.S. intervention in Colombia to join us in demanding freedom for Ricardo Palmera."
The Committee supports the FARC's activities in Colombia, describing its leadership as "incorruptible through forty years of struggle" and the rebel group as one that is "fighting for national liberation".
Revolutionary Armed Forces of Colombia
The Revolutionary Armed Forces of Colombia – People's Army is a Marxist–Leninist revolutionary guerrilla organization based in Colombia which is involved in the ongoing Colombian armed conflict, currently involved in drug dealing and crimes against the civilians..FARC-EP is a peasant army which...
(FARC), and reputedly the first high-ranking member of that guerrilla group to be captured. "Simon Trinidad" is currently imprisoned in the United States where he is serving a 60 year sentence at ADX Florence
ADX Florence
The United States Penitentiary Administrative Maximum Facility is a supermax prison for men that is located in unincorporated Fremont County, Colorado, United States, south of Florence. It is unofficially known as ADX Florence, Florence ADMAX, Supermax, or The Alcatraz of the Rockies...
"Supermax" prison in Florence, Colorado
Florence, Colorado
The City of Florence is a Statutory City located in Fremont County, Colorado, United States. The population was 3,653 at the 2000 census.ADX Florence, the only federal Supermax prison in the United States, is located south of Florence in an unincorporated area in Fremont County...
.
Early life
Palmera was born into a traditional landowner family in the city of ValleduparValledupar
Valledupar is a city and municipality in northeastern Colombia. It is the capital of Cesar Department and was founded in 1550 by the Spanish conquistador Hernando de Santana. Its name, Valle de Upar , was established in honor of the Amerindian cacique who ruled the valley; Cacique Upar...
in the Colombian northern Cesar Department
Cesar Department
Cesar Department or simply Cesar is a department of Colombia located in the north of the country in the Caribbean region, bordering to the north with the Department of La Guajira, to the west with the Department of Magdalena and Department of Bolivar, to the south with Department of Santander, to...
, on July 30, 1950. Son of Liberal leader
Colombian Liberal Party
The Colombian Liberal Party is a center-left party in Colombia that adheres to social democracy and social liberalism.The Party was founded in 1848 and, together with the Colombian Conservative Party, subsequently became one of the two main political forces in the country for over a century.After...
Juvenal Palmera and Alicia Pineda de Palmera. He was named Juvenal Ricardo Ovidio Palmera Pineda, with an unusual third name to his name. He is known to have three siblings: two sisters, Leonor and Elsa and a brother, Jaime.
He spent most of his childhood in Valledupar, were he attended middle school classes in the public school Colegio Nacional Loperena, one of the better schools in the city at that time. He also frequented the Valledupar Social Club. Part of his high school education was completed in the Colegio Helvetia in Bogotá
Bogotá
Bogotá, Distrito Capital , from 1991 to 2000 called Santa Fé de Bogotá, is the capital, and largest city, of Colombia. It is also designated by the national constitution as the capital of the department of Cundinamarca, even though the city of Bogotá now comprises an independent Capital district...
. He spent his last two years of schooling in Cartagena
Cartagena, Colombia
Cartagena de Indias , is a large Caribbean beach resort city on the northern coast of Colombia in the Caribbean Coast Region and capital of Bolívar Department...
, in the Naval School of Cartagena. He then enrolled in the Jorge Tadeo Lozano University, in Bogota, where he studied Economics. He also attended Harvard University, where he completed graduate work in business economics.
After graduation, he returned to Valledupar and started working for the government owned agrarian bank Caja Agraria del Cesar as a financial adviser. During this time he married.
He then started to work for the administrative staff of the Popular University of Cesar and also became part of the academic cadre as a professor of Colombian Economic History in the Administrative Sciences Department. At the same time, he also worked as bank manager for the privately owned Banco del Comercio (Bank of Commerce).
While teaching at the Popular University of Cesar, Palmera, some fellow professors and others became leftists. They perceived that bipartisan Colombian administrations ignored the pleas of the poor peasants in the area for fairer credit and land reform
Land reform
[Image:Jakarta farmers protest23.jpg|300px|thumb|right|Farmers protesting for Land Reform in Indonesia]Land reform involves the changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution,...
. By September 1981, Palmera, Jaime Sierra, Tomás Agudelo and Federico Palacios Romaña had created a group named Los Independientes (The Independents) of Marxist-Leninist
Marxism-Leninism
Marxism–Leninism is a communist ideology, officially based upon the theories of Marxism and Vladimir Lenin, that promotes the development and creation of a international communist society through the leadership of a vanguard party over a revolutionary socialist state that represents a dictatorship...
orientation. They also supported the Patriotic Union Party
Patriotic Union (Colombia)
The Patriotic Union or UP , was a leftist Colombian political party founded by the FARC and the Colombian Communist Party in 1985, as part of the peace negotiations that the guerrillas held with the Conservative Belisario Betancur administration...
created in 1985. This party was subject to political violence from drug lords, paramilitaries and military agents, leading to the forced disappearances, kidnappings and assassinations of many of its members, while others later became active guerrillas or refugees overseas.
In 1987, after a peasant strike in the Alfonso López plaza in Valledupar, Palmera stole 30 million pesos from the bank where he was working as a manager and escaped into the mountains, apparently joining the FARC at this time. He also took with him financial records that he would later use for extortions and kidnappings of traders and landowners.
Life in FARC
Colombian authorities suspect that Palmera became part of the FARC-EPRevolutionary Armed Forces of Colombia
The Revolutionary Armed Forces of Colombia – People's Army is a Marxist–Leninist revolutionary guerrilla organization based in Colombia which is involved in the ongoing Colombian armed conflict, currently involved in drug dealing and crimes against the civilians..FARC-EP is a peasant army which...
in 1987, confirming this in 1991. By then he was believed to be in command of FARC's Front 41, created by Palmera in June 1990, which operated in the area of the Serrania del Perija
Serrania del Perija
The Serranía del Perijá, Cordillera de Perijá or Sierra de Perijá is a mountain range, an extension of the eastern Andean branch , in northern South America, between Colombia and Venezuela, ending further north in the Guajira Desert, a total distance of about 310 km...
mountain range. Palmera had adopted the aliases of Simón Trinidad and Federico Bogotá, and later also became part of the Bloque Caribe (Northern Caribbean Bloc of the FARC-EP).
His area of operations included Valledupar. Despite Valledupar's being a relatively small city, with less than 300,000 inhabitants, kidnappings in the city would rise, eventually becoming the city with the highest kidnapping rate in Colombia,. According to Medios para la Paz, a group founded by Colombian journalists, Colombian guerrilla groups kidnapped a total of 1,000 people, (300 a year, 25 a month) in the Cesar Department
Cesar Department
Cesar Department or simply Cesar is a department of Colombia located in the north of the country in the Caribbean region, bordering to the north with the Department of La Guajira, to the west with the Department of Magdalena and Department of Bolivar, to the south with Department of Santander, to...
, between 2000 and 2003. Paramilitary groups also began to grow in the region.
In May 1992, Palmera and Abelardo Caicedo (aka "Solis Almeida"), ordered the kidnapping and later the murder of Colombian Navy Lieutenant Álvaro Fernando Morris Piedrahíta. On August 17, 1994, he was assigned to command the Front 19 known as José Prudencio Padilla that operated in the Sierra Nevada de Santa Marta
Sierra Nevada de Santa Marta
The Sierra Nevada de Santa Marta is an isolated mountain range apart from the Andes chain that runs through Colombia. Reaching an altitude of 5,700 metres above sea level just 42 km from the Caribbean coast, the Sierra Nevada is the world's highest coastal range...
mountains.
On December 11, 1995, Colombian authorities learned that "Simón Trinidad" had become the sixth commander in-line of the FARC's Caribbean Bloc, being in charge of guerrilla propaganda. In November 1996, Colombian authorities discovered that Palmera was now third in the chain of command of the Estado Mayor del Bloque Caribe (Major State of the Caribbean Bloc; the higher command of this bloc).
In 2000, investigators from Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
interviewed Palmera in Los Pozos, Caquetá. He was quoted as dismissing international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
as a "bourgeois concept".
On July 4 of the same year, while in San Vicente del Caguán
San Vicente del Caguán
San Vicente del Caguán is a town and municipality in Caquetá Department, Colombia.Between 1998 and 2002, San Vicente del Caguán was the center of the demilitarized zone , which was created as a safe haven for the FARC. Two days after the peace talks were ended, Ingrid Betancourt was kidnapped while...
, Caquetá and acting as FARC's speaker, he announced that the group was going to attack any aircraft or troops that performed any fumigation on coca
Coca
Coca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
or poppy
Poppy
A poppy is one of a group of a flowering plants in the poppy family, many of which are grown in gardens for their colorful flowers. Poppies are sometimes used for symbolic reasons, such as in remembrance of soldiers who have died during wartime....
plantations in southern Colombia.
He continued to participate as a highly visible negotiator during the failed 1998–2002 FARC-Government peace process (1999–2002) held under Conservative
Colombian Conservative Party
The Colombian Conservative Party , is a conservative political party in Colombia. The party was unofficially founded by a group of Revolutionary Commoners during the Revolutionary War for Independence from the Spanish Monarchy and later formally established during the Greater Colombia...
President
President of Colombia
The President of Colombia is the head of state and head of government of the Republic of Colombia. The office of president was established upon the ratification of the Constitution of 1819, by the Congress of Angostura, convened in December 1819, when Colombia was part of "la Gran Colombia"...
Andrés Pastrana
Andrés Pastrana Arango
Andrés Pastrana Arango was the President of Colombia from 1998 to 2002, following in the footsteps of his father, Misael Pastrana, who was president from 1970 to 1974.-Early years:...
.
Capture
Palmera was captured in January 2004 in QuitoQuito
San Francisco de Quito, most often called Quito , is the capital city of Ecuador in northwestern South America. It is located in north-central Ecuador in the Guayllabamba river basin, on the eastern slopes of Pichincha, an active stratovolcano in the Andes mountains...
, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, by local authorities and speedily deported to Colombia, where he faced charges for rebellion, the kidnapping and later assassination of Colombian former minister Consuelo Araújo
Consuelo Araujo Noguera
Consuelo Araújo Noguera, also known as "La Cacica", was a Colombian politician, writer and self-taught journalist, born August 1, 1940 in the city of Valledupar...
and various other criminal offenses that he allegedly committed, including the extortion or kidnapping of several of his former banking associates, former childhood friends and relatives. His exact rank within the FARC was not made clear by either the rebels or Colombian authorities at the time of his capture.
Extradition
In a communique dated November 28 but released on December 3, the FARC declared that Trinidad's extradition would be a serious obstacle to reaching a prisoner exchange agreement with the Colombian government.
On December 17, 2004, the Colombian government authorized Palmera's extradition to the United States, but stated that the measure could be revoked if the FARC released all 63 (political and military) hostages in its possession before December 30.
The FARC did not accept this demand, and Palmera himself had previously stated that he considered his future extradition and prosecution in the U.S. an opportunity to publicly protest against the Uribe administration. As the deadline passed, the Colombian military was placed on high alert, and the U.S. embassy in Bogotá issued a terrorism alert to U.S. citizens in Colombia. The extradition was signed by president Álvaro Uribe and Palmera was placed on a DEA
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
aircraft bound for Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. "Simón Trinidad" was extradited to the United States in the afternoon of December 31, 2004.
Pre-Trial
In February 2005, Ricardo Palmera appeared before a Washington court for a pre-trial hearing, where he pleaded not guilty to the prosecution's charges of drug trafficking and terrorism. The prosecution had asked for, and received, at least a three month period for the gathering and translation (if applicable) of the necessary evidence. The legal complexities of the case and the paperwork involved set back the date of the trial for at least six months.Palmera has also been accused of "hostage taking" because of his alleged complicity in the capture of three U.S. contractors, who crashed while conducting surveillance over rural areas under FARC influence and control. Palmera has been related to this case due to his alleged admission that he had traveled to Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, where he was arrested, in order to arrange for the negotiation of a prisoner exchange with the Colombian government. The defendant has argued that such efforts were made under the auspices of the UN. There is apparently no evidence that Trinidad had any personal connection with the plane crash, or the decision to take the US contractors captive. The other "co-defendant" in Palmera's case is the entire FARC organization. Judge Thomas Hogan
Thomas Hogan
Thomas Francis Hogan , a United States federal judge, is serving as Director of the Administrative Office of the United States Courts...
authorized the publishing in Colombian newspapers of a summons for the FARC organization to appear in court to answer the charges.
http://www.townhall.com/opinion/columns/robertnovak/2003/02/20/169326.html
The court heard arguments on Palmera's status as a prisoner of war in January. Simon Trinidad's Colombian lawyer testified at the same hearing to rebut FBI claims that he had consented to the interrogation of Mr. Trinidad without the assistance of legal counsel, something totally forbidden in Colombian law. The court has yet to rule on combatant immunity, the admissibility of the alleged confessions to the FBI, and of evidence of other crimes allegedly occurring in Colombia.
Since his extradition to the United States, Simón Trinidad has been held incommunicado in Washington DC without access to his lawyer. He also has numerous cases pending against him in Colombia. This trial appears to be the first of many intended to put pressure on the FARC to demobilize, a strategy that has been used with apparent success against the AUC
United Self-Defense Forces of Colombia
The United Self-Defense Forces of Colombia was created as an umbrella organization of regional far-right...
.
News stories circulated by El Tiempo, RCN TV
RCN TV
RCN Televisión , is a Colombian private television network. It started as a production company in 1967...
, and Caracol TV
Caracol TV
Caracol Televisión is a Colombian private national television network, owned by Julio Mario Santo Domingo.- History :Caracol Televisión started in 1954 when Organización de Radiodifusora Caracol offered to afford national television costs, then state-run, through commercial spots...
initially reported that, according to General Carlos Suárez of the 5th division of the Colombian Army, Simón Trinidad and Sonia
Omaira Rojas Cabrera
Anayibe Rojas Valderrama, also known as Omaira Rojas Cabrera born in the Colombian town of Palestina, Huila Department, on June 16, 1967...
were cooperating with US authorities to help capture other FARC guerrillas, including Farouk Shaikh Reyes. This became an issue in court; Judge Hogan and Ron McNeil, a federal prosecutor, both denied this on the record. El Tiempo and RCN subsequently reported this denial.
Prosecution arguments
- Simón Trinidad is part of the Central Command of FARC and as a high ranking member he should pay for the crimes perpetrated by the organization.
- Trinidad participated in and/or conspired in the kidnapping of three American citizens in February 2003.
- He is part of the terrorist group that kidnapped the three Americans.
- Trinidad himself admitted at the moment of being captured that he was part of a commission intended to negotiate a prisoner exchange.
Defense arguments
- Simón Trinidad never participated in the kidnapping because he was chief of the Caribbean Bloc and was in the northern region of the country at the time of the incident.
- He is part of an insurgent organization that is in conflict with the Colombian government.
- The captured Americans were spying on the FARC-EP, making them legitimate targets.
- The testimony given by Trinidad to the Ecuadorian government at the moment of his capture was given under pressure; He did say that he was negotiating a prisoner exchange.
Witnesses
- Dereck Harvey: Coordinator of the eradication program for which the three kidnapped Americans worked. He testified that the mission objective was part of an anti-narcotics campaign. He admitted that his team sometimes provided intelligence information on FARC positions.
- James Hallaway: Director of California Microwave Systems, a division of the defense contractor Northrop GrummanNorthrop GrummanNorthrop Grumman Corporation is an American global aerospace and defense technology company formed by the 1994 purchase of Grumman by Northrop. The company was the fourth-largest defense contractor in the world as of 2010, and the largest builder of naval vessels. Northrop Grumman employs over...
Corp. He insisted the kidnapped Americans were civilians while Trinidad's Defense argued that their main purpose was to spy on the FARC. - Colombian ArmyColombian ArmyThe National Army of Colombia is the land military force of the government of Colombia and the largest service of the Colombian Armed Forces...
Colonel: Was the first one to arrive at the crash site of the Americans' gunned down plane. A video was played showing the plane's wreckage, including empty ammunition magazines and uniforms supposedly belonging to the FARC, lying by the dead bodies of American Tom Janis and Colombian Army Sergeant Alcídez Cruz, with signs of execution. - Colombian National PoliceColombian National PoliceThe National Police of Colombia is the national police force of Colombia. Although the National Police is not part of the Military of Colombia , it constitutes along with them the "Public Force" and is also controlled by the Ministry of Defense. They are the largest police force in Colombia...
Radio operator: Recorded the audio in which members of the Southern Bloc of the FARC-EP's Mobile Column Teófilo Forero celebrated the shooting down of the aircraft. - Jorge Enrique Botero: recorded the video that proved that the Americans were still alive and in which the FARC took full responsibility for the kidnapping.
- An expert in ballistics from the Colombian Attorney General's Office: Testified that the weapons used to shoot down the plane were used by the FARC.
- An expert in forensics from the Colombian Attorney General's Office: Was in charge of recovering the dead bodies at the crash site and performed the autopsies. He testified that the bodies had been executed with the same type of bullets found at the same location from where the aircraft had been shot down.
- ForensicsForensicsForensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. This may be in relation to a crime or a civil action...
expert: Reaffirmed that the bodies had been executed with the same type of bullets found at the same location from where the aircraft had been shot down. - Raúl Salgado: Ecuadorian attorney who interrogated Trinidad in Ecuador, he provided a video of Trinidad confessing he was in Ecuador to promote a prisoner exchange for the FARC, which was used as one of the main pieces of evidence against Trinidad.
- A Colombian ArmyColombian ArmyThe National Army of Colombia is the land military force of the government of Colombia and the largest service of the Colombian Armed Forces...
radio operator: taped an audio recording of the FARC commander known by the alias of "Mono Jojoy in 2002, ordering his guerrillas to kidnap any American in Colombia. - Alejandro Barbeito: FBI Agent who interviewed Trinidad in Ecuador three times and confirmed Trinidad's statements from the video made in Ecuador. The Defense alleged that his testimony was based on his notes and not on his recollection of the events. Trinidad yelled, "Liar!" at him at one moment of the trial.
- Former employee of the High Commissioner for the Peace Office: said that the FARC were utilizing the people's emotions to promote the exchange, to a point that it has become a constant means of pressuring the government.
- Aka Maria: A former member of the FARC-EP said to be Trinidad's radio operator for nine years. She allegedly heard when Trinidad ordered the kidnapping of Valledupar's former Major Elías Ochoa. When she was questioned, some details of her testimony differed from the ones given in Colombia to local authorities.
- Jina Pagano: FBI expert on the FARC, explained to the Judge the FARC's "Law 002", which threatens civilians and companies with more than a million dollars net worth to pay an extortion fee.
- Colombian citizen: Was a personal friend of Trinidad before he joined the FARC who affirmed he had kidnapped him. His wife also intervened saying she had negotiated with the FARC for his freedom and that she had heard Trinidad's voice in the background talking about the kidnapping.
- Colombian National Police radio operator: Affirmed he had heard Trinidad talking on the radio suggesting that the US fumigation planes ought to be shot at, but admitted that this recording had been lost.
- Colombian National Police radio operator: Talked about an intercepted communication among FARC members on December 31, 2004, the day on which Trinidad was extradited.
- Luis Guillermo Giraldo: Former Senator of Colombia, participated in the FARC-Government Peace Process where he had multiple encounters with Trinidad as a member of the FARC.
- Colombian ArmyColombian ArmyThe National Army of Colombia is the land military force of the government of Colombia and the largest service of the Colombian Armed Forces...
Major: Commanded a military operation in Caquetá Department that almost located numerous kidnapped civilians, among them the three Americans and Ingrid BetancourtÍngrid BetancourtIngrid Betancourt Pulecio is a Colombian politician, former senator and anti-corruption activist.Betancourt was kidnapped by the Revolutionary Armed Forces of Colombia on 23 February 2002 and was rescued by Colombian security forces six and a half years later on 2 July 2008...
. He filmed the base camp where the victims may have been held as well as notebooks proving Trinidad's presence on the site. - Simón Trinidad: His testimony was considered unusual for many observers due to the nature of this case. He alleged that his reasons for joining the FARC included the assassination of many of his Patriotic Union Party colleagues and the persecution against them by paramilitary militiasParamilitarism in ColombiaParamilitarism in Colombia refers to the origins and activities of far right-wing paramilitary groups in Colombia during the 20th century.Right-wing paramilitary groups are the parties considered to be most responsible for human rights violations in Colombia during the later half of the current...
and Colombian drug cartels. He admitted to the use of kidnappings by the FARC and said that the organization was paying too high a political cost for this practice. He also admitted his role as spokesperson of the organization during the peace process with the government of President Pastrana.
Development
On October 30, 2006, a former female guerrilla who claimed to operate Trinidad's radio during his time as commander of the FARC's Front 41 in the Sierra Nevada de Santa Marta
Sierra Nevada de Santa Marta
The Sierra Nevada de Santa Marta is an isolated mountain range apart from the Andes chain that runs through Colombia. Reaching an altitude of 5,700 metres above sea level just 42 km from the Caribbean coast, the Sierra Nevada is the world's highest coastal range...
, testified against him. She said she witnessed Trinidad ordering a subordinate to collect a ransom payment for the kidnapped former mayor of Valledupar
Valledupar
Valledupar is a city and municipality in northeastern Colombia. It is the capital of Cesar Department and was founded in 1550 by the Spanish conquistador Hernando de Santana. Its name, Valle de Upar , was established in honor of the Amerindian cacique who ruled the valley; Cacique Upar...
, Elías Ochoa, in 1998. She also claimed that:
"The instructions that he [Trinidad] gave us were that any gringoHer testimony lasted four hours and was expected to continue the next day.GringoGringo is a slang Spanish and Portuguese word used in Spanish-speaking and Portuguese-speaking countries in Latin America, to denote foreigners, often from the United States. The term can be applied to someone who is actually a foreigner, or it can denote a strong association or assimilation into...
, tourist, civilian, or whatever, had to be kidnapped. No one should be able to escape. They were very important for a [prisoner] exchange or because they could be used to get a big ransom.
Verdict
On November 21 of 2006 a mistrial was declared due to a hung jury
Hung jury
A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion.- England and Wales :...
, which was unable to reach a unanimous verdict. The U.S. prosecution arranged a new trial.
Verdict
On July 5, 2007 there were initial reports that the second U.S. prosecution attempt apparently had also stalled. After only two days of deliberations, the jury in the re-trial indicated that they too could not reach a verdict. Responding to a juror's note stating that "...at this point we are at an impasse and do not believe that we will be able to reach a unanimous verdict...", U.S. District Judge Royce C. Lamberth told the jurors to resume deliberations.On July 9, the jurors declared Palmera guilty of the charge of conspiring to hold the three U.S. contractors hostage.
The next day, jurors informed the judge that they could not reach a common verdict on the other four remaining charges, resulting in a partial mistrial. U.S. prosecutors then indicated that they could recommend a lower sentence for Palmera's subsequent conspiracy conviction if FARC released the three Americans unharmed within the next two months.
On January 28, 2008, Palmera was sentenced to 60 years in prison.
Possible Open Letter
An open letter allegedly sent by "Trinidad" from his imprisonment surfaced on the internet and was posted on leftist websites.The El Tiempo newspaper reported that U.S. prosecutors in charge of Palmera's case were surprised by the existence of the letter and its publication, since Palmera is held in solitary confinement and his lawyers are prohibited from distributing any information.
Palmera's lawyers denied the letter's authenticity before Judge Tom Hogan during his first U.S. trial, arguing that Palmera wasn't its real author and blamed the FARC for producing it as a form of political propaganda.
Prosecutors considered that the detailed letter, if in fact it was actually written by Palmera, could constitute a federal crime, which may be used against him in court.
3rd U.S. Trial
In October 2007, Simon Trinidad again achieved a hung jury, in his third month-long trial, this time for involvement in the FARC's drug trafficking activities. According to press reports, a majority of jurors favored acquittal but could not unanimously agree. Prosecutors vowed to put him on trial yet again. In April 2008, Trinidad's fourth trial also ended in a hung jury.All drug charges against Trinidad were dropped in May 2008.
Supporters
The "National Committee to Free Ricardo Palmera"http://www.freericardopalmera.org/ is an ideologically leftwing organization based in the United States which calls for the release of Ricardo Palmera, ("Simón Trinidad") member of the ColombiaColombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
n FARC guerrilla group. The group considers Palmera to be "one of Latin America's most important leftists," stating that "everyone who is against injustice and who wants to oppose the imperial arrogance of the Bush administration should join [them] in the effort." 14 members of the Committee participated in an October 10, 2006 protest that preceded the beginning of Trinidad's trial.
The "National Committee to Free Ricardo Palmera" states on its website that "[we are] made up of Colombia solidarity activists in the U.S. and around the world. We ask all those who oppose U.S. intervention in Colombia to join us in demanding freedom for Ricardo Palmera."
The Committee supports the FARC's activities in Colombia, describing its leadership as "incorruptible through forty years of struggle" and the rebel group as one that is "fighting for national liberation".
External links
- De ratón de archivos del FBI a defensor del guerrillero ‘Simón Trinidad’
- Audiencias del caso Simón Trinidad evidencian que el juicio será trascendental
- Se cumplió la audiencia contra “Simón Trinidad” en una corte norteamericana
- Cargos contra 'Simón Trinidad' impedirían incluir a estadounidenses en posible intercambio
- La defensa de Simon Trinidad intenta que el juicio se declare nulo
- Fight Back! interviews Oscar Silva, Lawyer to Ricardo Palmera, April/May 2006
- Entrevista con Abogado Paul Wolf, Radio Cafe Stereo, 13 de marzo 2007
- National Committee to Free Ricardo Palmera
- Simón Trinidad, FARC Spokesman at the Negotiating Table. D.Streatfeild. Source Interview. 20 November 2000