A/HRC/18/23
(b)
Asia-Pacific
24.
Perpetrators of serious crimes under international law may not benefit from
measures such as amnesty until the State has met its obligations to ensure that those
responsible are prosecuted, tried and duly punished. In 2009, a broad amnesty law which
appears to preclude ex officio investigations and prosecutions by the State of perpetrators of
serious international crimes was published in the Official Gazette of Afghanistan.
UNAMA, the United Nations Country Team, civil society and international organizations
objected to the adoption of this legislation which contravenes Afghanistan’s international
legal obligations.
25.
Since June 2007, the Extraordinary Chambers in the Courts of Cambodia (ECCC)
has been trying “senior leaders and those most responsible” for the atrocities committed
during the period of Khmer Rouge rule from 1975 to 1979. As part of OHCHR
commitment to help maximize the impact of hybrid tribunals internationally, OHCHR
Cambodia has been working closely with the ECCC, the Royal Government of the
Kingdom of Cambodia and civil society to facilitate a legacy program aimed at ensuring
that the skills, knowledge and practices of the tribunal can positively impact on the practice
of criminal justice domestically, through concrete initiatives which incorporate the
jurisprudence of the Court.
26.
OHCHR Nepal has provided technical support to authorities investigating highprofile cases related to the conflict period and has monitored judicial developments.
OHCHR Nepal has also been documenting and publicizing evidence of other violations,
advocating for their investigation and requesting cooperation from relevant authorities.
Furthermore, OHCHR Nepal provides technical assistance towards strengthening the legal
framework for prosecutions of serious human rights violations. It published a legal opinion
underlying the necessity for the regular criminal justice system to continue investigation
and prosecution of conflict-related cases regardless of the commitment to establish
transitional justice mechanisms. The Office has also supported exhumations and conducted
an assessment with a view to strengthening victim and witness protection.
27.
As of March 2011, investigations of all cases indentified by the Independent Special
Commission of Inquiry for Timor-Leste have been opened by the Office of the Public
Prosecutor. Seven trials have been completed, one indictment is pending trial, four cases
have been archived and 12 cases are under active investigation. The Human Rights
Transitional Justice Section (HRTJS) of the United Nations Integrated Mission in TimorLeste (UNMIT) has continued to assist the Office of the Prosecutor General in
implementing the recommendations of the commission.
(c)
Latin America and the Caribbean
28.
In March 2011, OHCHR convened a seminar in Argentina on the protection of
witnesses of serious human rights violations. Representatives of national and provincial
authorities, witness protection agencies, civil society, as well as judges and prosecutors
engaged in discussions on current challenges in the area of witness protection and on
practical measures to improve the protection framework in Argentina.
29.
Under the Justice and Peace Law of Colombia, 4,484 out of approximately 53,000
demobilized persons were being processed as of November 2010. However, almost six
years since the adoption of the Law, there has only been one partial ruling against two exparamilitaries who received the benefit of a reduced conviction. OHCHR has recommended
that efforts be focused on the most serious violations at the higher level of responsibility.
Based on the revelations made by the persons processed, the Supreme Court commenced
criminal investigations against Congressional members for alleged links with illegal
organizations. As of December 2010, the Supreme Court had decided 28 cases out of 120
9
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