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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