A/HRC/43/51/Add.1
B.
High levels of impunity that perpetuate the cycle of violence against
human rights defenders
25.
Historically, the impunity rate for murders of human rights defenders in Colombia
has stood at around 95 per cent, 41 compared to an overall impunity rate for homicide cases
reported to the authorities of between 86.58 per cent and 94.30 per cent. 42 Since 2016, the
Attorney General’s Office has decided to prioritize the investigation of the 302 murders of
human rights defenders documented by OHCHR. 43 This figure does not represent the total
number of murders committed and does not include those that took place prior to the Peace
Agreement. According to information from the Attorney General’s Office as at August
2019, the status of the 302 murder cases documented by OHCHR since 2016 was as
follows: final judgments had been handed down in 33 cases, 55 were in the trial phase, 45
were under investigation, with charges having been brought, 41 were in the preliminary
investigation phase with arrest warrants issued, and 3 had been dismissed because the
suspect had died.44 According to these figures, 11 per cent of cases have been clarified, 45
while there has been no establishment of guilt in the remaining 89 per cent of cases,
although progress is being made in the investigation of 54 per cent of those cases.
26.
When murders and other human rights violations committed against defenders go
unpunished, this sends a message that the important work they do in society is not
recognized, and is an invitation to continue violating their rights (A/74/159). The Special
Rapporteur urges the Attorney General’s Office to continue investigating the murders of
human rights defenders committed between 2010 and 2015, as agreed with civil society in
the framework of the National Committee on Safeguards, and death threats against human
rights defenders, in accordance with the five prioritized investigative assumptions identified
in 2018, all with a view to preventing such crimes. In addition, he expects progress and
results in relation to other violations of defenders’ rights, such as enforced disappearances
and, in particular, sexual violence against women defenders and their daughters, which
continues to take place.46
C.
Stigmatization and criminalization of human rights defenders
27.
The Special Rapporteur has received information on statements made by the
President and other senior officials recognizing the importance of human rights defenders,
including social leaders, 47 and of the strategic objective under the timely action plan to
eliminate stigmatization of this group. At the same time, however, political leaders, public
officials, persons of influence, including from the private sector, and members of illegal
armed groups stigmatize them as “guerrilleros”, “terrorists”, “anti-development” and
“informants”. The governor of Antioquia publicly declared that there were criminal gangs
with close ties to the illegal armed group Clan del Golfo and persons linked to the National
Liberation Army (ELN) behind the miners’ strikes in Segovia and Remedios in 2018.48 In
2017, the former Minister of Defence said that the killings of human rights defenders were
the result of problems related to boundary disputes, “girl trouble” and unlawful assets. In
41
42
43
44
45
46
47
48
8
la situación de líderes/as y defensores de derechos humanos en los territorios (2018) and information
from the Colombian Commission of Jurists (2019).
Somos Defensores, 2018 annual report: La Naranja Mecánica, p. 63.
A/HRC/40/3/Add.3, para. 56.
Attorney General’s Office, bulletin 29986, 20 August 2019. Somos Defensores, 2018 annual report,
pp. 63 to 67.
Information as at 20 August 2019. In the 125 remaining murder cases, preliminary investigations are
ongoing, led by the criminal investigation service.
The Special Rapporteur does not know whether the persons behind the killings were identified in the
33 cases in which final judgments were handed down.
The Somos Defensores programme identified at least 538 murders of human rights defenders between
2009 and 2015.
www.mininterior.gov.co/sites/default/files/plan_de_accion_oportuna_de _prevencion_y_proteccion
_0.pdf. https://id.presidencia.gov.co/Paginas/prensa/2019/190612-Palabras-del-Presidente-IvanDuque-durante-la-sesion-de-la-Mesa-por-la-Proteccion-a-la-Vida.aspx.
https://caracol.com.co/emisora/2017/08/20/medellin/1503244426_902765.html.
GE.19-22542
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents