A/HRC/43/3/Add.3
48.
The announcement on 15 September by the General Command of the Colombian
Armed Forces, 31 establishing anti-riot squads composed of professional soldiers, raised
questions concerning Colombia’s respect for the guidance of the Inter-American
Commission on Human Rights32 relating to the responsibility of the police, rather than the
military, to maintain public order. On 30 September, in Barranquilla, the military
intervened during student protests at the University of the Atlantic, using potentially lethal
force, when there was no imminent threat to life or of serious injury. Although no serious
injuries occurred on this occasion, the use of such force in these circumstances sets a
worrying precedent.
49.
OHCHR documented 15 cases of alleged arbitrary deprivation of life in Antioquia,
Arauca, Bogotá, Cauca, Guaviare, Meta, Nariño, Norte de Santander, Santander and Valle
del Cauca. This was the highest number of such cases that OHCHR had recorded since
2016. In 13 cases, the deaths appeared to have been caused by unnecessary and/or
disproportionate use of force. According to information documented by OHCHR, in 11
cases the deaths occurred in military operations related to public security involving antinarcotics and law enforcement activities. In six cases, the deaths were preceded by law
enforcement activities that potentially could have allowed for the arrest of the suspects and
thus avoided their killing. In one case, OHCHR observed that weak command and control
appeared to result in the killing and attempted enforced disappearance of one person. The
military was allegedly responsible in 10 cases and the police in 4, while there was alleged
joint responsibility for 1 killing. In all 15 cases, the Office of the Attorney General had
initiated investigations, but these had not appeared to follow the Minnesota Protocol on the
Investigation of Potentially Unlawful Death. 33
50.
On 22 April, in Convención, Norte de Santander, an army corporal killed a former
FARC-EP member who had demobilized under the peace agreement. This killing was
allegedly perpetrated on the order of a colonel. The corporal and other soldiers attempted to
disappear the body by burying it in a clandestine grave. The Office of the Attorney General
made significant advances in the investigation, including in regard to the role of the colonel.
The corporal directly responsible for the killing was convicted and sentenced to 20 years of
imprisonment, while a lieutenant who had collaborated with the investigation was removed
from the military.
51.
On 27 July, in La Lizama, Santander, a soldier allegedly killed a 17-year-old boy in
front of a military base during a search operation related to small-scale drug trafficking. On
28 May, in San José del Guaviare, two former FARC-EP members who had not
demobilized under the peace agreement and were allegedly members of other violent
groups were found dead after having been arrested by the police. On 19 September, in
Toledo, Norte de Santander, the military shot a former municipal councillor, who was a
beneficiary of National Protection Unit protection measures, and killed her bodyguard. This
occurred during an operation to recover a stolen vehicle. The military reportedly opened
fire when the councillor was exiting the car, with her hands up, and after the bodyguard had
identified himself.
52.
Notwithstanding the zero-tolerance policy of the Ministry of Defence in regard to
sexual violence, OHCHR documented three cases of sexual violence allegedly perpetrated
by the military, in Arauca, Guaviare and Meta. OHCHR also documented cases of unlawful
detentions, in Antioquia, Arauca and Guaviare. In some cases, these unlawful detentions
allegedly involved torture and ill-treatment.
53.
OHCHR received information documenting that, on 8 April in Valdivia, Antioquia,
members of a criminal group and other violent groups not only participated in an official
military operation, but did so carrying weapons. Furthermore, these individuals participated
in actions falling within the purview of official authorities, such as conducting searches and
seizures and detaining persons. In doing so, they illegally detained two farmers, whom they
subsequently ill-treated. The detentions were later declared illegal by the judiciary. The
31
32
33
See https://www.cgfm.mil.co/es/blog/nuevos-soldados-profesionales-hacen-parte-de-pelotonesantidisturbios.
Inter-American Commission on Human Rights, Annual Report 2015, chap. IV.A, para. 38.
Available at www.ohchr.org/EN/Issues/Executions/Pages/RevisionoftheUNManualPrevention
ExtraLegalArbitrary.aspx.
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