A/HRC/13/72
Annex
Illustrative cases of violations of human rights and breaches
of international humanitarian law
As a complement to the High Commissioner’s report on the situation of human
rights in Colombia, and by way of illustration, a number of cases of human rights violations
and breaches of international humanitarian law that have come to the attention of the office
in Colombia of the High Commissioner for Human Rights (“OHCHR-Colombia”) during
the reporting period are described below.
Situation of the judiciary
The following cases illustrate the tension and public disputes between the executive
and judicial branches during 2009, as well as the security difficulties sustained by certain
magistrates of High Courts:
(a)
In a press release issued on 25 November, the Government stated that the
President of the Supreme Court had “not told the truth” when he denied that he had
informed the President of the Republic that the difficulties identified by the Court to elect
the Attorney General had been overcome after the withdrawal of one of the three
candidates;
(b)
A Supreme Court magistrate, former President of the Court, was subject to
illegal surveillance attributed to the Department of National Security (DAS). In May 2009,
the Inter-American Commission on Human Rights granted precautionary measures in
favour of the magistrate.
Intelligence services
Information was made public in 2009 that DAS (the national civil intelligence
agency reporting directly to the President) had conducted widespread and systematic illegal
intelligence operations going back at least as far as 2003. These operations targeted, inter
alia, human rights defenders, political opposition leaders, journalists and State officials. The
cases below illustrate how the operations affected the human rights situation:
(a)
On 11 and 13 February, in Santa Fe de Antioquia and Marinilla (Antioquia),
several people in plain clothes, without requesting authorization, videotaped prosecutors of
the Human Rights National Unit while they were performing official activities relating to
cases of extrajudicial executions attributed to the army. When these people were asked who
they were by the prosecutors, they identified themselves as members of military
intelligence units;
(b)
On 27 May, in a rural area of Yopal (Casanare), while prosecutors were
performing official activities relating to an alleged extrajudicial execution in which
members of the Army Unified Action Groups for Personal Freedom (Spanish acronym,
GAULA) were involved, a vehicle with polarized windows, parked in front of the GAULA
premises and driven by armed men in plain clothes, was seen on a number of occasions
following those prosecutors and staff members of OHCHR-Colombia who were supporting
them;
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GE.10-11819
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