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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents