A/HRC/13/72 34. OHCHR-Colombia welcomes measures taken by the Supreme Court that have improved due process, such as the explicit separation of roles within the Court between the investigative and prosecutorial function and adjudication.11 Further measures, however, are still necessary, such as the right to appeal, which the Supreme Court seems to be considering. 35. “Parapolitica” cases underscore the need for the State and civil society to closely monitor the electoral processes scheduled for 2010 and 2011, including those at the municipal and departmental levels, to prevent the recurrence of such cases. Relevant authorities should undertake all necessary measures to ensure fair, transparent and democratic election processes. E. Extrajudicial executions 36. Since November 2008, complaints of extrajudicial executions attributed to security forces, particularly the army, have drastically decreased,12 primarily as a result of the implementation and monitoring of the measures adopted in October and November 2008 by the President and the Ministry of Defense.13 In 2009, new rules of engagement and an Operational Law Handbook, containing important rules for the respect and protection of human rights, were issued by the Ministry of Defense. Total and sustained elimination of extrajudicial killings will require continued efforts by the Ministry of Defense and the army. OHCHR-Colombia welcomes that the Ministry of Defense accepted its offer to monitor the implementation of some of the policy measures aimed at strengthening compliance by the army with human rights and international humanitarian law. 37. The large caseload of alleged extrajudicial executions is a matter of serious concern for the coming years. By September 2009, the National Human Rights and International Humanitarian Law Unit of the Attorney General’s Office had been assigned the investigation of 1,273 cases, with a total of 2,077 victims (122 of them were women and 59 minors) in 29 departments. These figures demonstrate that the alleged executions were not isolated acts and that it is necessary to allocate sufficient human, technical and financial resources for this Unit to effectively function to ensure that the cases do not go unpunished. 38. During his visit in June, the Special Rapporteur on extrajudicial, summary or arbitrary executions acknowledged the efforts undertaken by the Government, but noted with concern the gap between policies and their implementation. 39. Further efforts are required to reinforce full assimilation and adherence by all military personnel to the policies adopted by the Ministry of Defense regarding extrajudicial executions. Indeed, some members of the security forces continued to make statements that discredit those who denounce cases of executions, adopt corrective measures, investigate cases and punish those responsible. Some of these statements suggest that military personnel are frequently faced with frivolous judicial charges of extrajudicial executions with a view to questioning military operations. However, there are 109 indictments, 38 convictions and three acquittals that put into question the validity of such allegations, at least in some cases. 11 12 13 GE.10-11819 Supreme Court agreement number 001, 19 February 2009. In 2009, the Human Rights and International Humanitarian Law National Unit of the Attorney General’s Office recorded 7 cases compared to 144 in 2008 and 464 in 2007. Among other measures, 3 Generals and another 24 officers and sub-officers were separated from service by the President. 9

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