A/HRC/7/39
page 13
other evidence. In Cesar, 11 people were arrested and presented to the media as guerrillas, and
had to be released several days later for lack of proper evidence. The same happened to
another 12 detainees in Santander.
35. Some judicial decisions have questioned the impartiality of witnesses, such as former
guerrillas or paramilitaries who receive economic benefits for their testimonies. This happened in
the case of a human rights defender in Santander who spent 14 months in prison on the basis of
the testimony of two former guerrillas, and was later acquitted when it was shown to be false.
6. The situation in prisons
36. According to official data, overcrowding in prisons has reached an average of 20.6 per cent,
and the situation is much worse in some establishments. The Government intends to build
11 new prisons during its remaining two and a half years of office. The current situation requires
additional efforts and measures to meet the basic needs of prisoners, such as health, food,
sanitation, legal advice and expert assistance, and others such as family visits, education and
work projects. Steps already taken to implement an educational model and work training should
be extended to a greater number of inmates. The continuing need for differential treatment of
women prisoners, indigenous people, Afro-Colombians, lesbian, gay, bisexual, and transgender
persons (LGBTs) and AIDS sufferers within the prison system is still a matter of concern.
37. The National Penitentiary and Prison Institute (INPEC) has indicated that it will amend
Law 65/1993 (Penitentiary Code) and reform the General Regulations for Penitentiaries and
Prisons, to respond to the above-mentioned issues.
38. Finally, Law 975/2005 implies new challenges in the design of a criminal policy. This
refers particularly to the security risks caused by the complex situations arising when those
formerly involved with paramilitary, guerrilla and common criminal groups are brought together
in the same facility.
B. The demobilization processes
39. After the formal end of the collective demobilization, the Casanare Rural Self-Defense
Group is the only remaining paramilitary group recognized during the negotiation process that is
still operating.29 As per the information directly collected by the office in Colombia, there is still
concern that there are new illegal armed groups operating in the Departments of Meta, Vichada
and Guaviare, and there have been actions in Nariño attributed to the self-styled Nueva
Generación (“New Generation”), as was already mentioned in the High Commissioner’s report
of 2006 (E/CN.4/2006/9). These groups are heavily armed, have a military organization and
responsible leaders, and have the capacity to control territory and to conduct military operations
against other armed actors. They represent an active factor in intensifying the armed conflict,
29
Members of the “Cacique Pipintá Front”, which operated in the departments of Caldas and
Antioquia, surrendered in September 2007.
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