A/HRC/43/3/Add.3
responsibility for crimes and human rights violations committed by individuals who are not
State agents, but act as such during official operations, is upon the State. 34 In this case, the
responsibility extends to the chain of command responsible for the operation.
54.
OHCHR documented cases of alleged torture and ill-treatment by the police in
Antioquia, Arauca, Huila and Putumayo, and in Bogotá. In Antioquia, the police allegedly
arrested a man and put him in a cell with members of a criminal group, telling them that he
was a member of a rival criminal group. The police reportedly let the other detainees beat
him before themselves beating him and using electric shocks to obtain information. The
investigations of the Office of the Attorney General concerning these cases require the full
application of the Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). 35
55.
OHCHR values its ongoing dialogue with the Ministry of Defence on cases of
alleged arbitrary deprivation of life and other military and police actions that could
constitute human rights violations. Despite differences regarding the analysis and
conclusions on these cases, OHCHR reiterates its willingness to continue this dialogue.
56.
Police continued to recruit civilians to eradicate illicit crops. This practice exposes
civilians to loss of life or injury due to the presence of anti-personnel mines and unexploded
ordnance among the crops. Between January and November, 24 civilians and 8 antinarcotics police officers were affected by such devices in Tumaco, Nariño, while
eradicating illicit crops.
57.
As far as corruption is concerned, OHCHR received information regarding possible
cases involving members of the police and the military in Amazonas, Antioquia, Caquetá,
Cauca, Cesar, Chocó, Huila, La Guajira, Magdalena, Nariño, Putumayo and Valle del
Cauca. This possible corruption could have compromised the effectiveness of the fight
against ELN, criminal groups and other violent groups. One of the most serious cases
occurred in Antioquia, where at least 26 members of criminal groups were captured
carrying weapons with special permits that only the military can grant.
58.
OHCHR noted that the police presence remained insufficient in most rural areas,
especially in Amazonas, Antioquia, Arauca, Caquetá, Córdoba, Guaviare, Huila, Meta,
Nariño, Norte de Santander and Sucre. The State must strengthen the institutional capacity
of the police with the objective of increasing its presence in rural areas, including through
the deployment of specialized units. Additionally, effective internal oversight mechanisms
and the inclusion of a human rights-based approach in the execution of police duties are
essential. OHCHR stands ready to provide additional technical assistance in this regard.
VI. Economic, social, cultural and environmental rights
A.
Inequality and corruption
59.
During 2019, the gross domestic product increased by 3.3 per cent. 36 Since 2016,
multidimensional poverty has increased by 1.8 per cent, with radical inequalities between
urban and rural areas,37 thereby affecting access to a range of economic, social and cultural
rights. This increase signals a need to redouble efforts to progressively guarantee economic,
social and cultural rights. According to the Economic Commission for Latin America and
the Caribbean (ECLAC), Colombia is among the three countries with the highest levels of
inequality in Latin America, with a Gini coefficient of 0.51. ECLAC determined that, if the
average income growth and wealth distribution remained the same from 2008 until 2017,
34
35
36
37
10
International Tribunal for the Former Yugoslavia, Prosecutor v. Tadić, Appeals Chamber IT-94-1-A,
Judgment of 15 July 1999, paras. 141 and 144.
Available at www.ohchr.org/Documents/Publications/training8Rev1en.pdf.
See https://www.dane.gov.co/index.php/estadisticas-por-tema/cuentas-nacionales/cuentas-nacionalestrimestrales.
See https://www.dane.gov.co/files/investigaciones/condiciones_vida/pobreza/2018/cp_pobreza_
multidimensional_18.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents