A/HRC/10/32
page 7
III. HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW
A. Extrajudicial executions
9.
In 2008 OHCHR Colombia continued to work directly with the Ministry of Defence to
bring alleged cases of extrajudicial executions to the attention of senior military commanders for
action. In January 2008 the Ministry of Defence published its Comprehensive Human Rights and
International Humanitarian Law Policy for the security forces, which included, among other
initiatives, the establishment of operational legal advisers within the Ministry to ensure that
military operations comply with international humanitarian law standards. In addition, senior
civilian and military officials have repeatedly and publicly stated that they were willing to adopt
measures to protect and respect human rights, including eradicating extrajudicial executions.
10. In October 2008, the President separated three Generals from service, as well as
over 24 more officers including four Colonels, and took other disciplinary measures for an
“inexcusable lack of diligence on the part of officers in the rigorous investigation of alleged
irregularities in their jurisdiction”.6 This was an important signal to reinforce the stated policy of
zero tolerance for human rights violations. In November 2008, the Commander-in-Chief of the
army resigned, the Ministry of Defence announced further measures7 and the President initiated
discussions with senior military commanders to address complaints of extrajudicial executions.
11. However, the number of complaints about extrajudicial executions and the number of
victims reported8 showed that institutional policies adopted by the Ministry of Defence and the
army High Command to combat this practice have not, as of October 2008, led to a significant
decrease in such violations. Renewed efforts are needed to guarantee the effectiveness of and
strict compliance with institutional policies to prevent and punish extrajudicial executions.
12. By late November 2008, the Attorney-General’s Office had initiated investigations
into 112 cases of alleged extrajudicial executions which occurred in 2008.9 In addition,
473 additional cases, most of which occurred in 2006 and 2007, were referred to the
6
Additional measures seem to have been taken, including separation of other officers from
service, but have not been made public.
7
These measures include a review of intelligence, operational and logistical doctrine and
procedures; the creation of a commission to review cases from an operational standpoint; the
reinforcement of command responsibility; improvements to evaluation systems; and the
redefinition of rules of engagement.
8
Women are often targeted for extrajudicial execution for being partners of alleged members of
illegal armed groups.
9
Complaints about extrajudicial executions are usually made several months after the fact.
Thus, extrajudicial executions that took place in 2008 are likely to be reported in 2009. The
National Human Rights and International Humanitarian Law Unit of the Attorney-General’s
Office has initiated investigations into 41 of these cases, while local prosecutors’ offices have
initiated 71.
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