A/HRC/7/39
page 16
The systematic kidnapping and the prolonged captivity of hostages are a matter of grave concern.
FARC-EP disregard the obligation to give humane treatment to persons deprived of their
freedom for reasons related to the conflict, as is the case of members of the security forces held
captive for many years. They also take hostages to obtain economic benefits or to exert political
pressure. These military and police personnel and civilians have spent many years in captivity in
conditions which are not verifiable, with no access to the humanitarian intervention by the
International Committee of the Red Cross (ICRC). This must be a cause for serious ethical
and legal reflection that should question the categories of breaches of international humanitarian
law applied to these situations in the light of the universal criminal jurisdiction. The
High Commissioner has always unreservedly condemned this situation and has insisted firmly
and repeatedly that the kidnap victims should be unconditionally released.
46. FARC-EP continued to plant anti-personnel mines and to commit violent acts. They are
considered to be responsible for a car-bomb explosion in Cali on 10 April which destroyed the
Headquarters of the Metropolitan Police there, produced the death of a civilian, and severely
damaged various buildings.
47. Although ELN continues to engage in talks with the Government, it continues to disregard
international humanitarian law and has made death threats, committed murders, taken hostages
and used anti-personnel mines. Among their crimes, there was the murder of an indigenous
leader of the Awa ethnic group in Ricaurte, Nariño, and kidnappings in Norte de Santander and
Arauca.
48. Fighting continues between FARC-EP and ELN in the departments of Arauca,37 Cauca
and Nariño, and this has led to an increase in the number of murders, death threats, planting of
anti-personnel mines, and forced displacement.
D. Situations of special concern and particularly vulnerable groups38
1. Victims of the armed conflict
49. As noted earlier, the Attorney General’s Office has registered over 121,547 victims of
crimes committed by members of paramilitary groups who expect to exercise their rights in the
proceedings in progress under Law 975/2005. Nevertheless, the number of victims of crimes
committed in the internal armed conflict is not restricted to that group alone, and the condition of
the victims as such is not derived from the State’s recognition or by their participation in judicial
proceedings. All of these victims have a legitimate aspiration to truth, justice, and integral
37
In Arauca alone during the first six months of 2007, 128 murders were attributed mainly to
FARC-EP and ELN.
38
The office in Colombia has been following up situations which also affect sectors such as the
community of lesbians, gay, bisexual and transgender persons, including cases of homicide such
as those perpetrated against transvestites, particularly in Cali, where 12 murders of this kind
were reported in the first six months of 2007.
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