A/HRC/19/57
Coexistence Code) was submitted by the Executive Organ to the House of the
Representatives on 5 October 2010. The Draft Code was approved in the first instance by
the Senate on 1 December 2010. The new Code, based on the principles of respect to the
right to liberty and the right of security, would unify in a sole legal text all norms
concerning the Police. By Decree 3445 of 17 September 2010, the Government had
established the post of High Presidential Adviser for Civil Coexistence and Citizen Security
(Alta Consejería Presidencial para la Convivencia y la Seguridad Ciudadana).
47.
The Government of Colombia made reference to the National Plan of Judicial
Decongestion 2009–2010 (Plan Nacional de Descongestión 2009–2010) in order to try to
reduce a significant backlog of cases. The National Plan had facilitated the issue of 54,238
judicial resolutions as well as the process and treatment of 1,023,674 judicial files. The
fight against corruption had motivated a thorough review of the structure of the Prosecutor
General’s Office (Fiscalía General de la Nación) as well as the creation of a specialized
body against corruption at the Judicial Police. Lastly, concerning another concrete
recommendation of the Working Group, the Government informed that the Special
Rapporteur on the independence of judges and lawyers had visited the country in December
2009.
III. Thematic considerations
A.
Pretrial detention as an exceptional measure
48.
In view of the communications received and findings resulting from its country
visits, the Working Group notes with concern the increasing use of pretrial detention and its
excessive length.
49.
Whilst the resolution 1991/42 of the former Commission on Human Rights
establishing the mandate of the Working Group on Arbitrary Detention did not provide a
definition of “detention”, the use of the term “deprivation of liberty” in resolution 1997/50
made it clear that the Working Group can be seized of all forms of detention.
50.
Pretrial detention constitutes a grave limitation on the freedom of movement, a
fundamental and universal human right. It places an individual’s life under the authority of
agents responsible for his or her custody.
51.
The question of pretrial detention is regulated by article 9 of the International
Covenant on Civil and Political Rights. Paragraph 3 of this article provides that “anyone
arrested or detained on a criminal charge shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release”.
52.
General comment No. 8 (1982) on the right to liberty and security of persons of the
Human Rights Committee explains the notion of “promptly” by reference to a period of a
few days. Pretrial detention must be as short as possible.
53.
Article 9, paragraph 3, of the International Covenant on Civil and Political Rights
sets forth two cumulative obligations, namely to be promptly brought before a judge within
the first days of the deprivation of liberty and to have a judicial decision rendered without
undue delays, in the absence of which the person is to be released.
54.
This provision is completed by the second part of paragraph 3 of article 9 which
provides that “it shall not be the general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution of the judgement”. It
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents