A/HRC/16/22
those who were perceived as collaborating with or belonging to rival groups or to security
forces, or who happened to be in an area of dispute.
35.
Of particular concern is the widespread use of children and adolescents by these
groups in all type of activities, including sicariato killings, and the sexual violence
committed against women and girls.
36.
OHCHR-Colombia has identified cases in Antioquia, Córdoba and Meta in which,
as a result of corruption or threats, these groups have benefited from the acquiescence,
tolerance and even collusion of members of security forces, including the National Police.
At the same time, the Police have carried out some successful operations against leaders of
these groups.
37.
The High Commissioner recommends the adoption of policies and measures that not
only increase the number of security forces officials, but also combat corruption within
their ranks, strengthen the judiciary, improve protection for the population, and adopt
social, educational and employment generation policies for those at risk of recruitment.
E.
Transitional justice
38.
While some progress was made during 2010, the realization of victims’ rights
continues to be insufficient. The Historical Memory Group of the National Commission for
Reparation and Reconciliation presented four new reports that contributed to upholding the
right to truth. Despite such important academic work, progress under Act 975 of 2005
continues to be slim: less than 54 per cent of the defendants, approximately 4.5 per cent of
the demobilized persons,13 contributed to the right to truth through voluntary depositions.
While their confessions revealed a significant number of homicides, they did not give a
complete picture of the diversity, context and systematic nature of violations committed by
paramilitary organizations.
39.
In June, a first ruling under Act 975 yielded the maximum alternative sentence
(eight years) for two paramilitaries with partial indictments for several crimes. Also for the
first time, this ruling provided for reparations to the victims. The sentence was appealed by
the victims. In December, a second ruling sentenced to eight years another paramilitary,
with partial indictment. Also on that occasion, the victims appealed the decision. During the
proceedings, there was evidence of serious flaws with regard to the role of the victims, lack
of clarity in the establishment of reparations and creation of false expectations among the
victims due, in large part, to the lack of coordination of relevant State entities.
40.
The High Commissioner, thus, reiterates her recommendation to consider a profound
reform of Act 975. Such reform should include, inter alia, a time limit for the voluntary
depositions, efficient mechanisms of exclusion from the benefits of the Act, and extending
the requirement for voluntary depositions to demobilized persons not admitted in the
proceedings. It could also include consolidating several of its proceedings; the possibility of
collective indictments; the need to investigate and punish only serious crimes and to clarify
that compliance with reduced sentences would start from the date of sentencing. It is also
advisable to identify appropriate criteria for reparations, to establish the obligation to
provide reparations from the beginning of voluntary depositions, to reinforce State
mechanisms for accessing assets of perpetrators, to integrate differential approaches and to
ensure adequate coordination with other transitional mechanisms.
13
8
The Attorney General’s Office reported that, as of November, of approximately 53,000 demobilized
persons, 4,484 were being processed under Act 975. A total of 2,431 voluntary depositions had been
initiated, which include several sessions per accused.
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