A/HRC/10/32
page 8
Attorney-General’s National Human Rights and International Humanitarian Law Unit in 2008.
This Unit is currently investigating nearly 716 cases related to over 1,100 victims. These figures
confirm that extrajudicial executions are not isolated events, but a widespread practice
committed by a large number of military units throughout the country. According to information
obtained by OHCHR Colombia, in some locations such as Antioquia, the number of cases
increased in 2008.
13. In addition to the trends described in previous reports,10 the emergence this year of new
modalities of extrajudicial execution suggests greater complexity and sophistication in planning
and carrying out this crime. OHCHR Colombia was able to confirm the existence of gangs
pretending to offer victims employment away from their home towns, and providing transport to
other towns, where they were executed and reported as “killed in action”. According to a number
of investigations, other gang members (possibly including members of the army) allegedly report
those killed as members of guerrilla groups or of one of the illegal armed groups that have
emerged since the paramilitary demobilization, and prepared intelligence reports to substantiate
such affiliations. In addition, victims are frequently reported as “unidentified”, even if they were
carrying identity documents, or their identity was known. This practice seems intended to avoid
the identification of persons reported missing and to hamper investigations.
14. The absence of effective control by army commanders might have created fertile ground
for this very serious violation of human rights. Financial incentives, additional days of leave and
recognition given without proper control of those who presented these “deaths in combat”, might
have also encouraged the establishment and continuation of this disturbing practice. At the same
time, the lack of any clear message from the army itself rejecting such a practice could have
permitted such violations to persist.
15. Further action and closer collaboration between the Ministry of Defence and the
Attorney-General’s Office are needed to eradicate and punish extrajudicial executions. The
Procurator-General and the Attorney-General should step up their efforts to investigate cases in
the shortest possible time.
B. Illegal and arbitrary detention
16. In some departments, such as Arauca and Norte de Santander, the Attorney-General’s
Office continued to issue arrest warrants without sound legal grounds, for rebellion and related
offences, which led to arbitrary detentions. These orders were often based on information
provided by former members of guerrilla groups. Since the State gives them incentives and
benefits to cooperate, the information obtained is not always credible. The Attorney-General’s
Support Office with the army’s 18th Brigade in Arauca ordered at least four mass arrests on this
basis.
17. The victims of violations of this kind, including human rights defenders and community
leaders, are usually held without proper legal justification, in some cases for up to two years. In
addition, in Antioquia and Chocó departments, for example, several cases of illegal detention
10
See A/HCR/7/39 and Corr.1 of 2008 and A/HCR/4/48 of 2007.
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