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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