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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