LEGALIZING ABUSES IN COLOMBIA

The human rights record of Colombia's army has improved somewhat in recent
years. In part this is because its abuses have been privatized --
paramilitary groups with close links to many members of the armed forces
are now committing the bulk of the murders of civilians.

But a new law that has passed Colombia's Congress and awaits the signature
of President Andres Pastrana would give the military dangerous new powers
over civilians and lessen the possibility that officers would be held
accountable for abusing them.

Mr. Pastrana seems likely to sign the law this week. That would be a grave
mistake that would jeopardize American Congressional support for
Washington's extensive aid to Colombia's military.

Colombian officials and indeed much of the nation endorse expanded powers
for the military because guerrilla abuses are increasing. Yesterday Human
Rights Watch accused the nation's biggest guerrilla group, the
Revolutionary Armed Forces of Colombia, or FARC, of serious abuses,
including executions of civilians, hostage-taking, the killing of medical
workers and the use of child soldiers.

Last year, according to Colombian human rights groups, the FARC killed
nearly 500 civilians.

Most were people the FARC accused of helping the army or paramilitaries.

The horrific abuses by the FARC and other guerrillas are driving Colombians
- -- especially those whose income puts them at risk of kidnapping -- to
endorse draconian responses, such as the new security law. This reaction is
misguided. While more moderate than a previous version, the bill still
contains undemocratic and potentially abusive reforms.

It would make authorities such as mayors and governors subordinate to
military commanders. The bill would also give the military the ability in
many cases to authorize raids, arrest civilians and in some cases carry out
investigations. The law is inconsistent with the Colombian Constitution,
which bars the military justice system from investigating civilians.

The new bill would also contribute to the impunity of the armed forces, by
placing a two-month time limit on the ability of civilian authorities to
open investigations of crimes committed in the course of military
operations. Another part of the security law says that when people are
arrested in the act of committing crimes, the military need only inform
judges of their capture, instead of bringing them before the courts.

There is no possible case to be made that either change would help the
military win the war. Allowing officers to wait to produce detainees is an
invitation to mistreat prisoners.

The right to appear before a judge is partly designed to discourage abuses.

Congress and the Clinton administration approved a large hike in military
aid to Colombia last year at least in part because the administration
promised that the aid would go to a reformed Colombian military.

Now that the money is flowing, Colombia's army has apparently decided that
it can get away with shaking off oversight.

President Pastrana evidently feels he needs to placate the military,
another indication of the worrisome power of the armed forces.

The House Appropriations Committee will meet this week to budget money for
Colombia. Congress and President Bush should make it easier for Mr.
Pastrana to kill the bill by promising to cut military aid if he signs it.