A/HRC/16/22
recognized by the institution, progress was limited due to the complex nature of the crime.17
In this context, OHCHR-Colombia recognizes the significance of the historic sentence
passed in June on the enforced disappearances during the tragic events of 1985 at the Palace
of Justice.18 The remaining cases relating to the tragedy must continue in an atmosphere of
security and judicial independence.
55.
In consultation with civil society organizations, the Attorney General adopted a
protocol for the search for disappeared persons and the exhumation and identification of
bodies. However, a protocol for the dignified handing over of remains to families is still
pending, as these ceremonies are still conducted, for the most part, as judicial proceedings.
It is important to establish mechanisms that will permit “declarations of absence”, rather
than obliging families to “declare presumed death” of disappeared persons, in order to have
access to State protection and assistance.
I.
Sexual violence
56.
As mentioned in previous reports, the official information systems on cases of
sexual violence committed in the context of the armed conflict reflect a significant underreporting of cases. For example, as indicated by the Attorney General, under Act 975 only
42 acts of sexual violence were reported of a total of 51,616 crimes for which the
confession process has been initiated.19
57.
This confirms the urgent need to improve conditions to allow women to denounce
acts of sexual violence in an environment of security and trust. It is also necessary to
consolidate information in this field by bringing together judicial records with information
from the health system and other entities.
58.
In 2010, OHCHR-Colombia received information on cases of sexual violence
against girls and young women, attributed to members of post-demobilization groups in
Antioquia, Cauca, Córdoba and Norte de Santander.
59.
Cases of sexual violence attributed to members of security forces, in particular the
Army, in Arauca, Caldas, Cauca, Chocó, Meta and Vichada were also reported. In most of
these cases, the victims were girls. In comparison with the previous year, the reaction of the
security forces to cases attributed to their members was more appropriate and investigations
were initiated under the ordinary justice system.
60.
The most dramatic case of sexual violence occurred in Arauca, in October, when a
member of the military allegedly raped two girls in a period of two weeks; one of the girls,
together with her two brothers, was subsequently murdered. Neither the Army nor the
Attorney General reacted immediately to the reports of the first act of sexual violence,
which demonstrates not only negligence in a particular case, but also structural flaws within
the two institutions.
61.
In July, the Minister of Defence issued Directive No. 11 of 2010, which aims to
prevent all forms of violence against women and girls. OHCHR-Colombia appreciates this
17
18
19
Colombia, Attorney General, 2009-2010 Informe Audiencia Pública de Rendición de Cuentas. See
http://fgn.fiscalia.gov.co:8080/Fiscalia/archivos/RendiciondeCuentas/audienciapublica2010.pdf.
Retired Colonel Luis Alfonso Plazas Vega was sentenced to 30 years imprisonment for the
disappearance of 11 people in November 1985, after security forces stormed the Supreme Court
building where the M-19 guerrilla group was holding hundreds of hostages. The sentence has been
appealed.
The Human Rights Unit of the Attorney General’s Office has 82 cases assigned (3 resulted in
convictions and 2 in acquittals).
11
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