A/HRC/31/3/Add.2
international levels related to Human Rights, the Peace Process or Democratic Security,
among others”. A confidential military document, dating from 2008, emitted the year the
Ministry of Defence published its integrated human rights policy in response to “false
positive” extrajudicial executions, confirms an order by the then army chief to incinerate
internal orders that had established institutional rewards for deaths in combat and captures.
51.
The special truth and justice mechanisms agreed in Havana will require broad access
to archives to fulfil their mandates. However, pursuant to the agreements, they will have
access “in conformity with applicable laws”. OHCHR-Colombia observes that existing law
and practice in Colombia do not guarantee the necessary access. Independent State entities
lack power to make confidential archives public; presidential power to do so is limited to
that provided for under the intelligence law. The budgets, technological tools and
methodologies for processing and making archives available have yet to be established.
D.
Fight against impunity for gross human rights violations
52.
State institutions, particularly the judiciary, continue to have considerable difficulty
overcoming their deficiencies and producing results.
Attorney General’s Office
1.
53.
In 2012, the Attorney General’s Office adopted a prioritization policy and created a
new criminal investigation system to improve investigation and sentencing in cases of
illegal intelligence activities and gross human rights violations, including extrajudicial
executions, killings of human rights defenders, sexual violence and enforced disappearance.
54.
OHCHR-Colombia noted that the lack of results was due to strategic deficiencies,
including failure to apply situational crime analysis methodologies to link investigations
and dismantle criminal structures, and an inadequate internal incentives system. The
isolated advances made were more a result of the commitment of individual personnel.
2.
Past extrajudicial executions
55.
In a 2015 ruling on the army execution of a young man with physical and mental
disabilities in Casanare in 2007, the State Council declared that extrajudicial executions had
been a systematic practice.3 A significant indicator in the fight against impunity in
Colombia would therefore be the successful prosecution of the highest ranks responsible for
this systematic practice between 2002 and 2008.
56.
Those criminal investigations have not advanced sufficiently. In 2015, the Human
Rights and International Humanitarian Law Directorate in the Attorney General’s Office,
which processes a significant portion of these cases, registered 2,653 homicide
investigations, of which 167 are closed. A total of 7,773 members of the army are linked to
these cases, involving 4,392 victims, including 183 women and 223 children. As of August,
838 army members (6 colonels, 99 officers, 127 junior officers, 603 soldiers and 3 with
undefined rank) had been convicted in 210 cases.
57.
OHCHR-Colombia observed dilatory tactics by the defence and judicial laxity in
homicide cases against security sector members. For example, one human rights prosecutor
sought unsuccessfully for three years to indict an army colonel for a September 2007 killing
in Neira, Caldas. Similar tactics are evident in the judicial proceedings against police
3
State Council, Administrative Chamber, Third Section, Direct Reparation Action (judgment), 7
September 2015.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents