At 49 years of age, Arturo Ulloa stands about
three-and-a-half feet tall. Crutches enable him
to drag a twisted body along the corridors of
Barrancabermeja’s prison, his residence these last
three years. Ulloa would prefer to be home. He
thought he was on his way seven months ago when
a judge acquitted him, citing lack of evidence. A
faceless prosecutor disagreed, however, and
opposed the acquittal on appeal. The 88-pound
Ulloa, who suffers from cataracts as well the osteo-
porosis that has torqued his limbs, is one of
Colombia’s least likely “most wanted.”
Security forces arrested him at his home in
October, 1993. Secret informers “Milena” and
“Quixote” had accused Ulloa of being the contact
point between rural and urban guerrillas of the
Popular Liberation Army (EPL), and the accomplice
of two EPL guerrillas in charge of a hit squad that
targets soldiers and military informants. Ulloa, they
claimed, took part in a plot to kidnap and murder
an informant. Defense witnesses claim that
“Milena” was the jilted partner in a love triangle
involving Ulloa’s son and his wife.
The prosecution’s manipulation of “Milena’s” tes-
timony illustrates one of the insidious advantages
of a prosecutor in the faceless courts-and proves
that the widespread secrecy derives not from the
need for protection, but rather from the search for
unfair advantages. “Milena’s” anonymous allega-
tions were sufficient to get Ulloa arrested and held
for some two years prior to trial; during that time,
his pro bono lawyer had no opportunity to investi-
gate the credibility of the source. But since testi-
mony from an anonymous source is insufficient for
a guilty verdict, the prosecution pulled a fast one,
increasingly common in these cases. As the case
drew close to the judgment phase, the prosecutor
revealed “Milena’s” identity-which upgraded her
In response to perceived escaltions in Colombia’s
armed conflict, the government resorts to declaring a
“state of internal commotion,” which provides special
presidential powers to issue emergency decrees giving
broad powers to the military. Since 1992, Presidents
Gaviria and Samper have issued more than 50 such
emergency decrees. When peace talks with the guerril-
las collapsed in 1992, for example, Gaviria declared a
state of internal commotion. Samper did the same in the
aftermath of escalating violence in the northern region
of Urubi and some well-publicized guerrilla attacks on
oil facilities. States of internal commotion legitimize the
soldier as policeman. The military has been quick to
jump in-and slow to depart after a state of internal
commotion expires. Taking advantage of the possibility
granted by the faceless courts of using secret, paid wit-
testimony, giving it the
power to convict.
For defendants, this is
the worst of both worlds.
An anonymous allegation
puts them in jail for
months or years, pending
trial. Then, when it’s too
late to submit more evi-
dence, the anonymous
accuser goes public and
the charges stand on their
own. That the prosecutor
revealed the identity of Arruro uIoad
his witness suggests that the need for anonymity is
suspect.
The judge’s decision was unequivocal. Noting
repeatedly that the prosecution had presented no
proof of Ulloa’s connection to the guerrillas, the
judge argued that the state, which still demanded
conviction, sought to put the defendant in the
unenviable position of needing to prove a negative
in order to survive trial. This, the judge said, is no
way to convict someone. Even Ulloa’s jailers agreed,
and made no trouble when his lawyer wanted to
show the judge a photo of his client, the first
opportunity the magistrate would have to see Ulloa
and register firsthand the improbability of the
charges against him.
Today the case file sits in Bogota awaiting final
decision by the top rung of the faceless-court sys-
tem. Ulloa remains in prison. Once again, the pros-
ecution has extended a case against an unlikely sus-
pect in the absence of any proof. Even if he is
released tomorrow, Ulloa will already have served
more time than he would have had he been con-
victed.
Justice delayed, justice denied.
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