Colombia’s Prosecutor’s Office decided to keep arrest warrants in force against 29 members of the illegal armed group known as the Gulf Clan, including several of its top leaders, despite a request from Gustavo Petro’s government to temporarily suspend them in order to facilitate progress in peace talks with the illegal armed organization.
The decision represents, for now, a setback for one of the government’s main initiatives within its “total peace” strategy, a project that, amid the country’s current electoral climate, has come under political scrutiny both from the opposition, which outright rejects the strategy, and from the pro-government candidate, who says he “does not regret” having actively participated in this attempt to achieve peace, despite its failure to produce results.
The government’s request to temporarily suspend the arrest warrants sought to allow the armed group’s members to move, without legal obstacles, to the Temporary Location Zones (ZUT) planned for next June, areas designed to gather Gulf Clan members while talks with the state move forward.
However, the Prosecutor’s Office concluded that there are not sufficient legal grounds to lift the judicial measures against the accused members of the criminal structure.
Colombian Prosecutors refuse to lift arrest warrants for Gulf Clan members
The measure adopted by the Prosecutor’s Office keeps active both the arrest warrants and the extradition requests against several members of the armed group, including Jobanis de Jesus Avila Villadiego, alias “Chiquito Malo,” considered the top leader of the Gulf Clan and who is facing an extradition request from the United States.
The decision means that, at least for now, judicial authorities will not approve the suspension requested by Gustavo Petro’s government within the framework of its contacts with the illegal organization.
The government’s request had been formalized days earlier through resolutions aimed at maintaining the dialogue channel opened between the state and the self-proclaimed Gaitanist Army of Colombia, another name used by the Gulf Clan, an illegal group that emerged after the demobilization of paramilitary forces two decades ago.
The government argued that the temporary suspension of the warrants was necessary to guarantee the safe movement of the group’s members toward the concentration zones planned as part of the process.
Nevertheless, the Prosecutor’s Office stated that it must first verify the identity, legal status, and compliance with legal requirements of each individual included on the list submitted by the government.
In this regard, it concluded that the suspension cannot be carried out automatically, especially because the individuals involved are wanted for serious crimes related to drug trafficking, homicides, forced displacement, and other criminal activities attributed to the organization.
“The ZUT must be understood as a means to facilitate demobilization, submission to justice, and the dismantling of the group, not as the final stage of the process or as a general authorization for free movement,” the Prosecutor’s Office stated.
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The clash between the government and the Prosecutor’s Office
The decision once again highlights the institutional tensions that have marked several episodes of President Gustavo Petro’s peace policy. While the government insists on expanding negotiation mechanisms with illegal armed groups, judicial and political sectors have warned about the risks of easing criminal measures against structures that continue operating in different regions of the country.
Since the government’s intention to suspend the arrest warrants became known, opposition leaders have strongly criticized the measure. One of the most outspoken critics was Senator Paloma Valencia, who argued that granting judicial benefits to Gulf Clan leaders sent the wrong message regarding the fight against organized crime.
The government, meanwhile, has defended the strategy by arguing that temporary suspensions of arrest warrants are mechanisms previously used in negotiations with armed groups and are part of legal tools intended to facilitate peace talks.
However, the case of the Gulf Clan has generated particular controversy because of the scale of the criminal structure and its strong territorial presence in several areas of the country.
Founded twenty years ago, it is currently Colombia’s most powerful illegal armed organization. During this time, the group consolidated an extensive network mainly devoted to drug trafficking, illegal mining, extortion, and territorial control in different regions of the country.
Colombian authorities and international organizations have stated that the group maintains a presence in strategic departments used for drug trafficking routes and retains an armed structure capable of challenging the state in several rural areas.
After the extradition of Dairo Antonio Usuga, alias “Otoniel,” leadership passed to alias “Chiquito Malo,” who is among the leaders included in the government’s request to suspend arrest warrants.
In recent years, the group has been linked to the killings of social leaders, armed clashes, and attacks against security forces. It has also engaged in violent disputes with other illegal structures over control of strategic drug trafficking corridors.
Uncertainty over the temporary zones
The Prosecutor’s Office’s refusal raises questions about the immediate future of the ZUTs planned for June 25. The government expected these areas to function as concentration points for launching a new stage of dialogue with the Gulf Clan and advancing toward potential surrender agreements or partial demobilization.
Without the suspension of the arrest warrants, the transfer of the armed group’s members could become legally blocked, since authorities would be obligated to carry out arrests if any of the wanted individuals are located. This leaves a central part of the timetable designed by the government for talks with the criminal organization in limbo.
For now, the government has not announced whether it will continue pressing the Prosecutor’s Office or seek new legal mechanisms to unblock the process. Meanwhile, the arrest warrants remain in force, and the standoff between the government’s negotiation strategy and the decisions of the Prosecutor’s Office once again underscores the difficulties facing Colombia’s total peace policy.
With less than three months remaining before the end of President Gustavo Petro’s term, the government is seeking a first agreement — even if only partial — that it can present to the country as validation of its controversial peace policy, after nearly four years of generously extending a hand to multiple criminal groups without achieving tangible agreements.