A/HRC/16/48
131. The fourth communication, dated 14 June 2010, was not translated in time for
inclusion in the present report.
132. In the fifth communication, dated 21 July 2010, the Government transmitted
information on two outstanding cases. For one case, the information was considered
insufficient to clarify it. Regarding the second case, to which the six-month rule had been
applied at the ninety-first session, the Government transmitted additional information.
133. In the sixth communication, dated 31 August 2010, the Government transmitted a
copy of Law No. 1408 whereby homage to the victims of the crime of enforced
disappearances is paid and measures for their location and identification are established.
Information from sources
134.
Sources provided information on 15 outstanding cases.
Clarification
135. Further to the information provided by the source, the Working Group decided to
clarify one case.
136. Following the expiration of the period prescribed by the six-month rule, the
Working Group decided to clarify six cases.
Prompt intervention
137. On 7 January 2010, the Working Group sent a prompt intervention letter, jointly
with another special procedures mechanism, to the Government of Colombia regarding the
harassment of a human rights defender working on cases of enforced disappearances.
General allegations
Reply from the Government
138. On 13 July 2009, the Government replied to a general allegation, sent by the
Working Group on 15 May 2009, concerning the approval by the First Commission of the
Colombian Chamber of Representatives of bill number 044/08, known as the “Victims
Law”, which established measures for reparations and protection of victims of the
Colombian armed conflict. In its reply, the Government stated that the bill had been shelved
by the Congress in July 2008 because of the discrepancies between the texts approved by
each of its chambers and the implications of the approved text for the conciliation that took
place before the bill was shelved. One of the factors that led to the shelving of the bill was
that the combined text produced by the two chambers, which was to be considered by the
Chamber of Representatives, was not financially viable.
139. The Government stressed that the reparations included in the law would have been
solely administrative and in no way would have conflicted with, or restricted a victim’s
right to take the perpetrator of the acts to court to obtain redress.
140. The Government informed the Working Group that the administrative reparation
system that would have been established through the bill would have complemented the
existing reparation provided for by the State for human rights violations, committed either
by individuals or by the State officials, in order to achieve a full reparation programme.
141. The Government also stressed that any legislation adopted in favour of the victims
must contain provisions that can be implemented, recognizing that victims cannot be
granted relief by a bill that cannot be put into effect and that it was not logical or respectful
37
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