A/HRC/7/2
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90. NGOs also alleged that, according to Colombian legislation, many of the norms contained
in the decrees are illegal, since the Government does not have the competence to issue them, but
rather, they are the competence of Congress or judges. For this reason, these norms have been
filed under administrative contentious proceedings by a large number of Colombian persons and
organizations. However, it has been reported that, while the legal decisions concerning these
proceedings may take years, the norms contained in the decrees are being applied to the
processes before Law 975.
91.
No reply was received from the Government regarding this general allegation.
Total case transmitted, clarified and outstanding
92. In previous years and during the period under review, the Working Group has
transmitted 1,225 cases to the Government; of those, 67 cases have been clarified on the basis
of information provided by the source, 201 cases have been clarified on the basis of information
provided by the Government and 957 cases remain outstanding.
Observations
93. The Working Group notes with satisfaction that, unlike in previous years, only one newly
reported case was received by the Working Group. The Working Group hopes that this is a trend
that shows that disappearances are no longer occurring in Colombia, rather than being the effect
of the phenomenon of underreporting noted in the report of the country visit in 2005.
94. The Working Group expresses concern about allegations regarding the issuances of
decrees that are diluting the effects of the Constitutional Court’s decision on certain provisions
of the Justice and Peace Law.
95. The Working Group wishes to reaffirm the importance that the Declaration has had as an
important precedent for the development of instruments of international human rights law
regarding enforced disappearances, such as the Inter-American Convention on the Forced
Disappearance of Persons and the International Convention for the Protection of All Persons
from Enforced Disappearance.
96. The Working Group reiterates its request to the Government of Colombia to take effective
measures to clarify outstanding cases and to implement the recommendations contained in the
report of the Working Group issued after its country visit. The Working Group again invites the
Government to submit a report on the measures taken to implement the recommendations.
Congo
Number of
outstanding
cases at the
beginning of
the period
under review
114
Cases transmitted to the Government
during the period under review
Cases sent under Cases sent
the urgent action under the
procedure
standard
procedure
0
0
Cases clarified during the period under
review by:
Government Non-governmental
sources
0
0
Number of
outstanding
cases at the
end of the
year under
review
114
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