A/HRC/13/72 related to drug trafficking. This situation has negatively affected the functioning of democratic institutions and the socio-economic development of the country. The security improvements of the past years and the overall reduction of homicides in 2009 at the national level were affected by a sharp increase in killing rates in some cities, such as Medellín, a rise in intimidation and the number of death threats against, inter alia, youth and human rights defenders, and the expansion of, and the violence against civilians from, illegal armed groups that emerged after the paramilitary demobilization. 8. Other developments which affected human rights were serious irregularities involving the Department of National Security (DAS); on-going tension between the Government and the Supreme Court, including the impasse in the selection of the Attorney General; difficulties in achieving more releases after the release of, inter alia, various kidnapped policemen and politicians by the Revolutionary Armed Forces of ColombiaPeople’s Army (FARC-EP) in the first half of the year; continued disregard for international humanitarian law by guerrilla groups and their attacks on the civilian population; and the political polarization fuelled by the uncertainty around a possible referendum that could allow President Alvaro Uribe to run for a third term. 9. A number of normative advances and policies adopted by the Government have helped improve the human rights situation, including the drastic reduction in the number of complaints of extrajudicial executions attributed to the army. III. Human rights and international humanitarian law A. Situation of the judiciary 10. Tension and public disputes between the executive and judicial branches during 2009 may have undermined the independence of the judiciary. OHCHR-Colombia documented public statements by high-level government officials and social and political actors discrediting the Supreme Court and its magistrates, as well as undue interference, direct or indirect, into their functions through lobbying, pressure and threats. These acts could constitute a violation of the United Nations principles of judicial independence4 and raise concerns over some magistrates’ personal security. 11. Persistent structural problems in the administration of justice5 and disagreements within the judicial branch have prompted claims for reform of the judiciary. Any reform should be participatory and transparent to ensure the full realization of the right to a competent, independent, impartial and prompt justice for all. 12. It is essential to strengthen the work of the judiciary, especially the Supreme Court, guaranteeing its ability to exercise its responsibilities with independence, security, freedom and professionalism, without restrictions or pressure. 13. During her visit in December, the Special Rapporteur on the independence of judges and lawyers advocated for better protection for all judicial actors to secure their independence. 4 5 GE.10-11819 General Assembly resolutions 40/32, 29 November 1985, and 40/146, 13 December 1985. OHCHR-Colombia has consistently reported problems such as “the underreporting of crimes to the authorities, difficulties of access to the judicial system, the insufficiency of funds and technological resources (despite increased budgets), the lack of uniform criteria in the application of the law, the high workload of judges and prosecutors, the slow pace of proceedings and cases of corruption” (A/HRC/7/39, para. 12). 5

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