A/HRC/35/23/Add.1
84.
States are under the immediate obligation to ensure accountability where there are
arbitrary losses of life, including proper investigations. A failure to do so could amount to a
breach of the right to life.
VII. State response to violence
A.
Legislation in response to gang violence
85.
In response to rampant gang violence, the Congress adopted in October 2001
Legislative Decree No. 141-2001 on prevention, rehabilitation and social reintegration,
which aimed to address the causes that led individuals to join gangs and to rehabilitate and
reintegrate them into society, and created the National Prevention, Rehabilitation and Social
Reintegration Programme. In 2003, article 332 of the Criminal Code, on unlawful
associations, was amended to criminalize illicit association, as part of an iron-fist (mano
dura) approach, effectively criminalizing gang membership. It has been criticized for
criminalizing also the actions of vulnerable persons coerced into gang membership. In July
2015, the Parliament approved reforms to the penal code, introducing harsher penalties for
members of the maras, increasing the maximum prison terms for gang leaders from 30 to
50 years and for lower-level members from 20 to 30 years. 73
B.
Police reform
86.
There is an important and much needed effort under way to clean up the work and
the image of the police and to develop its technical capabilities.
87.
Several attempts at cleaning up the national police have taken place since 2011.
However, efforts to address endemic corruption and abuses within the police force have
made little progress. The most recent purge was initiated in April 2016 with the
establishment of the Special Commission for the Process of Purge and Transformation of
the National Police, in response to the public outcry when information was published that
the higher ranks of the institution had been involved in the killing of the Chief of the
Directorate for Combating Drug Trafficking. The Special Commission was given a one
year mandate to assess the members of the entire force, starting at the top. By the end of
2016, it had evaluated 4,934 officers and had terminated the contracts of 2,183, mostly
(1,949) as part of an internal restructuring effort. However, files relating to 15 officers were
referred to the Public Prosecutor’s Office for Criminal Investigation by November 2016. In
September 2016, the Office established a special unit to support the clean-up process.
88.
The clean-up process is ambitious and far-reaching, and in principle a positive step.
At the same time, it is important to have a clear legal framework for such an undertaking,
including the criteria used to ensure that the system can resist legal and other challenges. A
good plan that is poorly implemented can close many doors in the future.
89.
The work of the Special Commission is undertaken in parallel with a restructuring of
the police, renewed qualification programmes that include training on human rights and the
gradual use of force, and a plan to increase the police corps from 14,000 to 26,000 agents
by 2019. In addition, a proposed reform to the Organic Law of the National Police and a
new Police Career Law were under consideration by the National Congress. A new manual
on the use of force was developed in collaboration with the International Committee of the
Red Cross, but is not before Congress.
C.
Militarization
90.
One of the main focuses of the response of the Government to violence has been the
militarization of public security through the establishment of a series of new measures and
73
16
See A/HRC/32/35/Add.4, p. 15.
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