A/HRC/43/3/Add.3 43. According to international norms and standards, the military justice system should not investigate, prosecute and sanction those responsible for alleged human rights violations. Such cases should always remain under the ordinary justice system. 24 OHCHR urges the Office of the Attorney General to retain jurisdiction over cases of human rights violations. OHCHR also urges the Superior Council of the Judiciary to adhere strictly to international norms and standards when determining the competent jurisdiction. 44. OHCHR welcomes the issuance in March 2019 of directive 003/2019 of the Office of the Procurator General prohibiting a statute of limitations on disciplinary investigations into State crimes, crimes against humanity and human rights violations. In addition, OHCHR highlights the need for human rights records to be reviewed in the process of appointing State officials, both civil and military, in order to prevent individuals involved in gross human rights violations from holding public positions. V. Security and human rights 45. OHCHR observed increased resort to the military to respond to situations of violence and insecurity. Despite the existence of protocols, norms and public policies regulating the participation of the military in situations related to public security, 25 these were not fully applied in a range of settings, 26 such as in rural areas in Arauca, Antioquia, Caquetá, Cauca, Córdoba, Cesar, Chocó, Meta, Nariño and Norte de Santander. Nor were they fully applied in urban centres, such as Convención, Medellín, Santa Marta and Valledupar, where the military conducted anti-narcotics operations and other law enforcement activities. Military training and equipment and the nature of military duties are inappropriate in such circumstances. According to police statistics, 27 homicides increased in municipalities in Arauca, the north of Cauca, Catatumbo and the south of Córdoba, despite an increased military presence. 46. According to jurisprudence of the Inter-American Court of Human Rights, the police should be responsible for maintaining public order and democratic governance. While the participation of the military may be justified in circumstances of serious threats, such use of the military must be extraordinary, exceptional, justified, temporary, restricted and subordinated to civilian authorities.28 The oversight provided by civilian authorities must ensure that the military complies with the principles of exceptionality, proportionality and necessity.29 47. Directives 015/2016 and 037/2017 had opened the door to the use of the military against groups that did not meet the standards of application of international humanitarian law, and led to serious human rights violations.30 For example, on 4 February in Ituango, Antioquia, two persons, allegedly members of a criminal group, were killed by the military during an undercover anti-narcotics trafficking operation. OHCHR calls on the authorities to comply strictly with international norms and jurisprudence applicable to criminal groups and other violent groups. 24 25 26 27 28 29 30 8 CCPR/C/104/D/1914/2009, 1915/2009 and 1916/2009; CCPR/C/79/Add.74; CCPR/C/79/Add.2; and CCPR/C/79/Add.76. See also the updated set of principles for the protection and promotion of human rights through action to combat impunity; A/68/285; and Inter-American Court of Human Rights, Monitoring of compliance with judgment in the cases of Radilla Pacheco, Fernández Ortega and others, and Rosendo Cantú and others, v. Mexico, resolution, 17 April 2015 (available in Spanish only), see footnote 37, p. 8. Law 1801 of 2016, art. 170. See https://www.esmic.edu.co/recursos_user///Disposicion%20002%20RDE%20Uso%20Fuerza%20 Bicentenario%202019.pdf. See https://www.policia.gov.co/delitos-de-impacto/homicidios. See http://www.corteidh.or.cr/docs/casos/articulos/resumen_370_esp.pdf and A/HRC/31/66. Code of Conduct for Law Enforcement Officials, arts. 1 and 3. See also the analysis by special procedures of the Human Rights Council, available at https://www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=22535&LangID=E. A/HRC/40/3/Add.3, para. 87; A/HRC/37/3/Add.3, para. 78; and A/HRC/34/3/Add.3, para. 66.

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