A/HRC/10/32
page 14
(the self-styled Anti-Terrorist Revolutionary Army of Colombia (ERPAC)) and in Nariño (the
so-called Autodefensas Campesinas Nueva Generación (New Generation Peasant Self-Defence
Forces) (AC-NG)).
49. Regardless of the way they characterize themselves, the violence generated by the illegal
armed groups that have emerged since the paramilitary demobilization cannot be considered
mere criminal behaviour. Their offences, committed in the context of the armed conflict, produce
an alarming level of violence against the civilian population. Their complexity, variety,
constantly changing nature and unpredictability remain a major challenge to the rule of law.
They continue to pose serious risks to the civilian population and a comprehensive, effective and
timely response is required from the competent authorities to address the problem. This response
should, among other things, recognize the dimensions of the problem, adopt adequate operational
changes, including rules of engagement for confronting them, and introduce preventive measures
to protect the civilian population.
G. Justice
1.
Justice and Peace Act
50. Trials under the Justice and Peace Act, under which demobilized persons who genuinely
contribute to truth, justice and reparation are granted an eight-year cap on their maximum prison
term, are still moving very slowly.19 As of 31 October 2008, out of 3,637 individuals facing
charges under the Act,20 only 1,626 have been subject to the first procedural step, the versión
libre statement.21 The Supreme Court decided in 2008 that it would not be necessary to await
completion of a versión libre statement in order to bring a partial indictment. However, at the
time of writing, only 20 persons have been partially indicted, and no one has been convicted.
19
The Justice and Peace Unit of the Attorney-General’s Office, despite a staffing increase
of 350 per cent during 2008, has not been able to make satisfactory progress with cases under the
Act.
20
In 2008, for the first time, in addition to members of paramilitary organizations, members of
guerrilla groups, too, faced charges under the Justice and Peace Act. As of November 2008,
61 members of the various guerrilla groups (FARC-EP, ELN, ERP and EPL) were facing
charges.
21
Of the 1,626 individuals who embarked on versión libre proceedings, 1,189 did not continue
the process because the Attorney-General’s Office was not able to charge them with any serious
crime (as of 19 December 2007, 1,057 individuals had begun making statements and 941 had
withdrawn for the same reason). As yet only seven statements have led to the confession of all
crimes. Statements are ongoing in 430 cases.
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