A/HRC/7/39
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in clarifying past events.16 Investigations have also been undertaken by the Supreme Court and
the Attorney General’s Office against high-level civilian and military officials for alleged links
with paramilitary groups and corruption.
13. Investigations into the storming of the Palace of Justice by the M-19 guerrilla group and its
recovery by the army in 1986, and others related to the murders of members of the Unión
Patriotica were reopened.17 The courts also handed down decisions against members of the
security forces who perpetrated extrajudicial executions, as in the cases of the three trade
unionists murdered in August 2004 at Caño Seco in Saravena, Arauca, and the farmer murdered
in April 2004 in the village of La Hondita in El Peñol, Antioquia. In both cases the military
patrols reported that the victims had been “shot in combat”, and the courts found that they were
not. The Attorney General’s Office also ordered the detention of an army captain for the
massacre of five adults and three children in San José de Apartadó, Antioquia, in February 2005.
14. At the international level, the Inter-American Court on Human Rights has ruled against the
Colombian State, which accepted responsibility for the extrajudicial execution of an indigenous
leader in the Nasa community, Cauca, by members of the armed forces in February 1988. In
another case in which the State has also accepted responsibility, the same Court found that
paramilitaries, with the collaboration of State agents, were guilty of the massacre of 12 officers
of the judiciary18 in January 1989 in La Rochela, Santander.
(a)
Investigations into links between public officials and private enterprise with
paramilitary groups
15. The Supreme Court of Justice opened investigations into the activities of 45 members of
Congress for their alleged links with paramilitary groups. The accused are from 16 different
departments; 18 of them have been imprisoned. Others under investigation include four former
departmental governors and 18 former mayors. In November, the Procurator General dismissed
the Director of the Administrative Department of Security (DAS) and barred him from holding
public office for 18 years, for having collaborated with paramilitary groups and taken part in acts
of corruption. All of these investigations have revealed the extent of paramilitary infiltration
within the State through alliances with politicians and the support of certain private companies.19
The Supreme Court has given clear evidence of its strength and independence, which reinforces
the possibility to further expose other paramilitary connections with members of public and
private institutions.
16
See note 4 above.
17
This left-wing political party was created within the context of peace talks with FARC-EP in
the late 1980s. Many of Unión Patriotica’s members and supporters have been murdered.
18
Several of the paramilitaries involved in this massacre are currently applying for legal benefits
under Law 975/2005.
19
In that same line, a United States court convicted and fined Chiquita Brands International for
having financed Colombian paramilitary groups between 1997 and 2004.
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