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
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