A/HRC/10/32 page 16 implemented effectively, so that cases under the Justice and Peace Act can progress satisfactorily. Moreover, it is important that extradited paramilitary leaders continue to play their part in establishing the truth and comply with the obligation to provide reparations to their victims. 2. Investigations into alleged links between members of Congress and paramilitary groups 55. The Constitution states that members of Congress should be investigated and tried by the Supreme Court in sole instance. In this context, the Supreme Court continued its investigations into alleged links between members of Congress and paramilitary groups and expressed serious concerns about the Government’s criticism of these investigations, portrayed as attempts to undermine judicial independence. 56. At the time of writing, 72 members of Congress were facing charges; 11 of them have been convicted and 4 acquitted. Twenty-five have resigned in order to be investigated not by the Supreme Court but by the Attorney-General’s Office. Furthermore, the Attorney-General’s Office has investigated over 250 additional cases of a similar nature against senior public officials, including ministers, governors, mayors or directors of major State institutions. This confirms the extent of infiltration by paramilitary groups within the State, and the need to continue combating this problem. 57. These judicial processes constitute a step forward in the struggle against impunity and the strengthening of the rule of law, which needs to be preserved and shielded from any politicization. In this respect, the Supreme Court could further solidify its decisions by, for instance, the strict implementation of arrest warrants and pretrial detention ensuring the consistency of its decisions and guaranteeing the right of appeal. 3. Military justice system 58. OHCHR Colombia was encouraged that the Constitutional Court, in its decision No. C-533 of July 2008, accepted the President’s objection regarding military jurisdiction, thereby ensuring that it does not extend to serious violations of human rights and breaches of international humanitarian law. This decision is in line with international human rights principles and standards. Subsequently, in November 2008, Congress approved a new version of the relevant article of the Military Code, which, at the time of writing, had yet to be reviewed again by the Constitutional Court. 59. Between January and November 2008, military judges referred 148 cases to the Attorney-General’s Office, which is more than double the number of referrals made in 2007.25 Nonetheless, military judges still accept jurisdiction in cases that should be tried in the ordinary courts. In some instances, they even ordered parallel investigations into cases that the 25 Referrals of cases have increased since 2005, when only 35 were sent to the Attorney-General’s Office. The number increased to 36 in 2006 and 72 in 2007.

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