A/HRC/10/9
page 26
108. It was reported that demobilized paramilitary commanders and troops confessed to no less
than 1,009 mass graves, enabling authorities to find the remains of 1,996 missing persons.
109. It was reported that there have hardly been any convictions for the enforced
disappearances. Most crimes have never been solved and most confessions were made under the
Justice and Peace law, granting lower sentences for cooperation with justice.
110. On the second general allegation, credible sources reported that despite the legislative
efforts undertaken by the Government of Colombia during the past decades, including the
enactment of Law 589 of 2000 which criminalizes the practice of enforced disappearance, the
families of the disappeared still face many difficulties, particularly with regard to the rights to
truth, justice and reparation.
111. It was reported that one of the main legal problems is that according to Law 418 of 1997
and Decree 7381 of 2004, victims of enforced disappearance and their families are not
considered victims of political violence, thus depriving them of humanitarian assistance.
112. In order to receive humanitarian assistance, the families must apply for a declaration of
presumption of death, and then a death certificate. This lays down preferential treatment for
victims of other crimes such as kidnappings, who are not required to obtain death certificates in
order to receive assistance.
113. According to the reports received, this legal obligation re-victimizes families by making
them go through the process of having a death certificate, although neither the fate nor the
whereabouts of the disappeared person are known.
114. In addition, the fact that a disappearance is treated as a direct death does not take into
account the continuous nature of the crime, the right to truth for the families of
the disappeared and the obligation of the State to continue the investigation. There is also fear
that a declaration of presumed death may lead to a legal registry as a death rather than a
disappearance.
115. No reply was received from the Government regarding both general allegations.
Total cases transmitted, clarified and outstanding
116. Since its establishment, the Working Group transmitted 1,227 cases to the Government. It
clarified 272 cases, 205 on the basis of information provided by the Government and 67 on the
basis of information provided by the source; 955 remain outstanding.
117. A summary of the situation in the country appears in document E/CN.4/2006/56 and
Corr.1.
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