A/HRC/16/22 41. In November, the Constitutional Court decided that the principle of opportunity should not apply to demobilized paramilitaries who are not included under Act 975 and who have committed no crime other than their membership to a criminal (paramilitary) organization. Congress passed a draft law allowing the suspension of imprisonment of these demobilized paramilitaries, in exchange for a statement of truth. 42. In September, President Santos personally presented a new victims’ act to Congress, based on a draft shelved in June 2009. This draft act was combined with another on land restitution. OHCHR-Colombia welcomes this initiative and considers it a key pillar which, if approved, would complement and improve the existing transitional justice framework. 43. OHCHR-Colombia reiterates its alert about the increase in violence against people participating in land restitution processes and urges the Government to make greater efforts to prevent such violence and avoid impunity. Although the obligation to prevent acts of violence is not unlimited, it must be upheld in cases when an individual or a specific group of individuals face real and immediate risks and the State has reasonable possibilities of preventing or minimizing the risk. OHCHR-Colombia offers its support and assistance for this purpose. 44. The High Commissioner considers that any new or reformed instrument of transitional justice requires the broadest possible consensus, the active participation of victims and their organizations, and compliance with international norms. It is particularly important to uphold the principle of non-discrimination of victims, who are such by virtue of having suffered gross violations of human rights or serious breaches of international humanitarian law, regardless of the perpetrator (members of illegal armed groups or State agents) and the possible criminal responsibility of the victim for other crimes. F. “Parapolítica” 45. On 14 March, Colombians elected 102 senators at the national level and 166 departmental representatives for the 2010-2014 legislative term. OHCHR-Colombia notes with concern that the influence of the so-called “parapolítica” persists in the new Congress. Of the 268 elected congresspersons, 13 who had been re-elected are under criminal investigation by the Supreme Court. Moreover, information has been received of possible cases of “political proxies” between newly elected parliamentarians and persons involved in parapolítica processes. 46. In 2010 the Supreme Court sentenced 10 parliamentarians and acquitted 1. Particularly significant is the conviction of Álvaro García Romero to 40 years for his links with paramilitary groups and indirect participation in seven cases of aggravated homicide, and other crimes. Another important ruling was the “acquittal on the basis of doubt” in the case of Carlos García Orjuela, after he had spent over two years in prison. The Court has filed 120 cases against parliamentarians and ex-parliamentarians.14 47. These rulings demonstrate the Court’s determination to fight impunity. OHCHRColombia reiterates the need to continue with these proceedings, ensuring due process by, inter alia, restricting the use of pretrial detention, upholding the right to appeal and the applicability of the principle of favourability, in accordance with international standards. 14 Of these, 84 are under preliminary investigation, 13 under investigation, and 13 on trial. The remaining 10 cases are being reviewed by the Court to establish jurisdiction. 9