A/HRC/43/3/Add.3
FARC-EP in the search for disappeared persons and their efforts to contribute to reparations
for victims.
3.
Commission for the Clarification of Truth, Coexistence and Non-Recurrence
37.
During the course of 2019, the Commission for the Clarification of Truth,
Coexistence and Non-Recurrence collected approximately 5,500 testimonies from victims
and their families, thereby contributing to a deeper understanding of the armed conflict.
With the participation of OHCHR, the Commission promoted dialogue to support nonrecurrence. The Commission also carried out activities for recognition of victims, with the
participation of human rights defenders, of women and LGBTI victims of sexual violence,
and, jointly with the Special Unit for the Search for Persons Deemed as Missing in the
Context of the Armed Conflict, of families of victims of enforced disappearance.
B.
Victims and Land Restitution Law
38.
OHCHR welcomed the announcement by the President that the period of
implementation of the Victims and Land Restitution Law would be extended. 21 In a public
hearing before the Constitutional Court, OHCHR emphasized that any reform to this law
should take into account progress made in guaranteeing victims’ rights.22
39.
During 2019, OHCHR facilitated dialogues between, and provided technical advice
to, the Land Restitution Unit and indigenous peoples and Afro-Colombian communities, on
14 land restitution processes potentially benefiting 6,647 families. Nevertheless, in some
regions, such as Antioquia, Arauca, the south of Bolívar, Catatumbo and Urabá, progress
on land restitution was hindered by the dominance of illicit economies on land subject to
restitution.
C.
Access to justice
40. Access to justice remained a challenge, perpetuating cycles of impunity and violence.
The Office of the Attorney General is present in almost half of Colombia’s municipalities.
Nevertheless, it continued to face difficulties in reaching rural areas, especially in
Antioquia, Arauca, Amazonas, Caquetá, Cauca, Chocó, Guaviare, Huila, Meta, Nariño and
Vaupés, greatly affecting its capacity to guarantee access to justice for all. This limited
presence was attributable to insufficient material, technical and human resources, and
especially to a lack of effective protection to allow prosecutors and investigators to safely
conduct their work in rural areas. An excessive workload also limited prosecutors’ capacity
to conduct investigations. An insufficient number of judicial police officers and long delays
with forensic support services exacerbated the situation.
41.
OHCHR observed instances of authorities in Antioquia, Arauca, Guaviare and
Nariño not applying the Office of the Attorney General’s protocol regarding situations of
alleged enforced disappearance, in particular relating to the immediate initiation of urgent
search procedures.
42.
OHCHR documented cases of alleged arbitrary deprivation of life by members of
the military and the police.23 In following up on these cases, OHCHR was concerned that
the military criminal justice system continued to request jurisdiction over such
investigations. In some instances, the Office of the Attorney General even referred cases to
the military justice system. In the El Tandil case, in Nariño, the Office of the Attorney
General did not take the necessary actions to retain the case within its jurisdiction.
21
22
23
See https://id.presidencia.gov.co/Paginas/prensa/2019/Presidente-Duque-anuncia-que-presentara-alCongreso-proyecto-de-ley-con-mensaje-de-urgencia-para-prorrogar-10-anios-191011.aspx.
See https://www.hchr.org.co/index.php/informacion-publica/pronunciamientos/intervenciones-de-ladireccion/442-ano-2019/9106-intervencion-de-la-oficina-en-colombia-de-la-alta-comisionada-de-lasnaciones-unidas-para-los-derechos-humanos-audiencia-publica-sobre-la-ley-1448-de-2011-d-13170.
See paras. 49 ff below.
7
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