A/HRC/4/84
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14.
In March 2006, the Government of Colombia launched a policy to fight impunity
(Decree 3411). This policy recognizes the grave problem of impunity in Colombia and contains
measures to combat it. The office in Colombia of OHCHR assisted the policymakers in its
formulation of the policy and is a key observer in its implementation. In addition, the office in
Colombia, in cooperation with the European Commission, has a technical cooperation
programme aimed at enhancing the capacity of the Attorney General’s Office to fight impunity.
15.
Furthermore, during 2006, the Colombian Supreme Court opened an investigation against
nine members of the Congress accused of grave violations of human rights, links with
paramilitaries and corruption. The office in Colombia of OHCHR has followed the above
developments.
16.
At the same time, the Attorney General’s Office continued to investigate members of the
security forces, particularly the army, accused of committing extrajudicial executions. OHCHR
Colombia has followed developments in these cases.
17.
On 18 May 2006, the Constitutional Court decided that some major aspects of
Law 975/05, known as the Justice and Peace Law, should be modified. The office in Colombia
of OHCHR presented an amicus curiae brief before the court, in which the High Commissioner
outlined the international human rights obligations of Colombia guaranteeing victims’ rights to
the truth, justice and reparation. The court decided that some aspects of the law as pointed out
by the office in Colombia should be modified.
18.
In Guatemala in December 2006, the Government and the United Nations signed an
agreement to create an International Commission Against Impunity in Guatemala (CICIG) to
support the Office of the Public Prosecutor and other State institutions to investigate and
dismantle illegal security forces and other clandestine organizations that are implicated in
criminal activities as well as human rights violations in the country. This initiative was
welcomed by the High Commissioner, whose office in Guatemala has provided advice to the
Government on judicial issues connected with the establishment of the Commission. The
OHCHR office in Guatemala also advised the Government on the elaboration of the recently
adopted legislation establishing the National Institute of Forensic Science. This institute is
expected to play a crucial role in combating impunity, in relation to past as well as ongoing
human rights violations.
19.
Furthermore, OHCHR has been supporting and advising the authorities charged with
combating impunity in Guatemala, in particular the Unit on Special Investigations of the
Human Rights Ombudsman, which deals with some investigations related to gross human rights
violations during the armed conflict, and the Office of the Public Prosecutor. The office in
Guatemala has been also training the staff of the Unit which deals with past human rights
violations on the normative framework for the prosecution and punishment of extrajudicial
executions. It has also been closely involved in the drafting of a new Law on the establishment
of a National Fact-finding Commission on Disappearances, through supporting the Preparatory
Commission composed of State institutions and civil society organizations that was tasked with
elaborating a proposal to that end. The High Commissioner is encouraging the Guatemalan
Congress to approve that law, and also to approve legislation that recognizes the legal status of
absence due to forced disappearance.
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