A/HRC/45/45/Add.2 the intention of the prosecutors was not to shift the burden of proof back onto the claimants, rather to gather information for the investigation. The officials assured the Special Rapporteur that they would take the necessary precautions to avoid misunderstandings and similar situations in the future. 43. It was clear from the interviews conducted that there is a lack of psychosocial support available for individuals providing their testimony, in scenarios that are often traumatic and that can involve reliving the events. Victims have also stated that they are called upon to repeat their testimony, which suggests that the evidence collected is not used appropriately, leading to their revictimization. 44. Difficulties are encountered in the process of documenting all of the violations reported by survivors. The Special Rapporteur was astonished to hear about the number of crimes and massacres that still today have not been mapped, recorded or documented, despite the information provided by victims to judicial officials, and the testimony from numerous witnesses and survivors that has yet to be collected. 45. The Special Rapporteur also received recurring accounts concerning the widespread practice of rape and other acts of sexual violence against women and girls committed by the perpetrators of the massacres, acts that are still not visible or sufficiently documented. 46. In order to address these shortcomings, the Special Rapporteur considers it essential that a coordinated criminal investigation strategy be put in place, so as to ensure that the information and testimony gathered are processed (collected, recorded and shared) in an efficient manner in order to avoid the duplication of efforts and the revictimization of the persons concerned. 47. From a procedural standpoint, the Special Rapporteur received expressions of concern regarding the lack of harmonization in the application of the criminal procedure codes of 1974 (based on a written system of criminal investigations in which the judge prepares the case and investigates the facts), and those of 1998 and 2011 (which establish an adversarial system of oral arguments in which the prosecutor has a monopoly on criminal investigation), and the negative impact that this lack of harmonization may have on the judicial proceedings conducted in cases of crimes committed during the armed conflict. While all of the cases refer to acts committed before 1998, some proceedings were initiated prior to the reform and other cases were opened following the changes, generating inconsistency in terms of the corresponding procedural requirements and the risk of appeals seeking the annulment of the proceedings. The lack of clarity regarding the application of the criminal procedure codes of 1974 and 1998 in these cases should be appropriately resolved. 48. The Special Rapporteur expresses great concern about the insufficient progress made in terms of criminal investigations and prosecutions, a situation that contravenes the obligations imposed on the State under the 2016 ruling and international human rights instruments, and which leaves victims without access to justice for the violations they suffered over 27 years ago. During his meetings with victims, many repeated the same request: “we only want justice and to see the perpetrators go to prison for the atrocious crimes they committed, just as anyone else who commits a crime would”. This is one of the missing pieces for each of the tens of thousands of victims of the armed conflict; it is a situation that cannot continue. IV. Reparations 49. In 2010, the National Commission on Reparations for Victims of the Conflict was established with a mandate to develop a reparations programme. In 2013, pursuant to Executive Decree No. 204, a programme of reparations for victims of serious human rights violations committed during the internal armed conflict was put in place. The programme, which is currently administered by the Ministry of Local Development, provides for a variety of rehabilitation measures, including in the field of health and education; compensation initiatives; the honouring of victims, including through cultural acts, public apologies and historical memory; and guarantees of non-recurrence, including human rights training for police and military personnel. Responsibility for implementing these measures has been assigned to the relevant government entities. A register of victims benefiting from the programme and a governing council responsible for carrying out the registration have 10 GE.20-09158

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