A/HRC/7/39
page 9
16. Despite these very important cases, there remain serious structural problems for the
efficacy of the justice system, as mentioned before. The full introduction of the accusatory
system in the criminal courts, due to be completed by early 2008, is intended to help combat
impunity at all levels.
(b)
Judicial proceedings under Law 975/2005, the “Justice and Peace Law”
17. Law 975/2005 regulates the procedures to be followed with demobilized members of
illegal armed groups and establishes judicial benefits based on their contribution to justice and
reparation. In 2007, 3,127 of the 31,671 demobilized paramilitaries20 were candidates for
benefits under Law 975/2005. As at 19 December 2007, the Attorney General’s Office had
begun the process of receiving 1,057 voluntary depositions; of these, 941 depositions were
closed because the deponents did not ratify their willingness to be processed according to Law
975/2005. A total of 542 candidates for benefits are in prison. The Attorney General’s Office has
also registered 121,547 victims. There is a marked contrast between the large number of cases
and the limited progress made - during 2007 not a single indictment was issued. This shows the
size of the Attorney General’s challenges, and supports many of the concerns and doubts about
the process.
18. Some of the victims and some human rights defenders have pointed out that the
information revealed by the demobilized paramilitaries is often neither complete nor truthful. It
is evident, too, that the statements made by the majority of these paramilitaries often attempt to
justify - and even openly claim credit for - the acts committed by their organizations. This leads
to real risks to the lives and safety of those victims who participate in proceedings.21 At the same
time, the flow of information that has come to light as a result of these depositions has exposed
the enormous dimensions of paramilitary criminal activity,22 and the unspeakable details of
events hitherto unknown to the authorities - let alone the public.23 These new disclosures
generate legitimate concern about the group of approximately 19,000 demobilized paramilitaries
who have not submitted to Law 975/2005 and have no formal investigation open against them.24
20
There are still 439 of these candidates that have not yet been conclusively identified.
21
See section on “Victims of the armed conflict” (paras. 50-52).
22
For example, a former leader of the group called “Bloque Bananero” of the paramilitary AUC
declared that he ordered the murder of approximately 1,500 people in the Urabá area (in the
Department of Antioquia) alone.
23
The Attorney General reported that there was no record of prior investigations in the case
of 2,193 of the 3,127 people who claim the status of demobilized paramilitaries.
24
See especially Decree 128 of 22 January 2003 “which regulates Act 418 of 1997,
supplemented and amended by Act 548 of 1999 and Act 782 of 2002 in the matter of
reincorporation into civil society”.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents