A/HRC/13/72
L.
Victims’ rights and Law 975 (2005)
80.
The importance of the Colombian process of transitional justice has been
internationally recognized, as recent references in the Secretary-General and the High
Commissioner’s report on human rights and transitional justice demonstrate.21 Based on the
analysis of past years, OHCHR-Colombia suggests that judicial and non-judicial
mechanisms be tried in parallel to uphold the rights of victims in a timely and
comprehensive manner.
81.
Despite efforts made by the Attorney General’s Office, progress in the realization of
victims’ rights under Law 975 (2005) has been modest. By December 2009, there had been
no convictions under this Law;22 the possibilities for victims to know the truth about what
happened to them and their loved ones have been mostly restricted to the voluntary
depositions,23 and no reparations have been provided under these proceedings. This
situation has caused, among the victims who participate in the process, increasing
scepticism, re-victimization and fractures in their efforts to become organized.
82.
However, the need for such a legal instrument to enable individual criminal
prosecution remains undiminished. Currently, the right to justice under Law 975 (2005), as
previously noted by OHCHR-Colombia, is limited by the excessive leniency in the process
of individualization of punishment. Moreover, the introduction of certain procedural
changes in the Law should be considered, such as the need to distinguish between crimes
“not subject to pardon”24 and less serious and punishable offences; the possibility of
collective indictments; or that the Attorney General’s Office not be required to prove the
veracity of all the crimes mentioned during the voluntary depositions, as currently required
by the Law, but rather only those “not subject to pardon”.25
83.
The right to truth under the Law has achieved some positive results, thanks to the
efforts of the Attorney General’s Office. There have been important advances in seeking
truth, such as in the cases of “parapolitica”, the more than 6,000 evidences obtained that
served to reopen unresolved criminal investigations, and the above-mentioned efforts in the
search for disappeared persons. However, the right to truth warrants the implementation of
non-judicial mechanisms as well. In this regard, OHCHR-Colombia notes the proposal of
the Supreme Court to begin exploring the possibility of a truth commission.26
84.
Regarding the right to reparations, Decree 1290 (2008) on the administrative
reparations programme does not seem to have yet attained the necessary distribution of
financial resources. By December 2009, of the over 275,000 requests received, resources
had been approved for 10,593 persons. Other efforts, such as the Regional Commissions for
Restitution of Property of the National Commission on Reparations and Reconciliation
21
22
23
24
25
26
16
A/HRC/12/18 of August 2009.
Between August 2002 and October 2009, 51,992 persons have individually and collectively
demobilized; 3,957 are facing charges under the Law 975. By December 2009, 737 voluntary
depositions were under way.
As a result of the extradition of the most important paramilitary commanders to the United States of
America in 2008, due to the absence of legal cooperation mechanisms with that country, even this
was further restricted.
It might be necessary to consider a reform of the list of crimes not subject to pardon, in order to
incorporate those mentioned in articles 6 to 8 of the Rome Statute of the International Criminal Court.
Other aspects are, for example, partial indictments, which were questioned by the Supreme Court,
even if they appeared to be an option originally accepted by the Court (Sentence 32022, 21 September
2009). In December 2009, however, the Court reiterated the viability of partial indictments (Sentence
32575, 14 December 2009).
Court Sentence 32022.
GE.10-11819
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