A/HRC/7/39
page 10
19. There is a growing consensus regarding the need for new professional and technical
resources for the Attorney General’s Office, the Procurator General and the judicial system.
There must also be renewed national and international political support in order to reinforce the
judicial and political processes of the Justice and Peace Law.
20. Another challenge lies in the implementation of mechanisms to guarantee security for the
victims to participate and to receive reparations. This will have to be a central issue in 2008 if the
Attorney General’s Office takes the steps that should follow the depositions of the paramilitary
leaders.25
2. Extrajudicial executions
21. The persistence of extrajudicial executions attributed to members of the security forces,
especially members of the Army, has prompted the Government to strengthen the control
mechanisms. The political will of senior civilian and military personnel to adopt measures which
will prevent, investigate, punish and expose situations in which this type of action has occurred
has been most evident in their discussions with the Office during 2007; and they acknowledge
that serious crimes, such as extrajudicial executions, do not even achieve any kind of military
advantage.
22. New directives produced this year by senior Ministry of Defence officials and military
authorities26 have emphasized technical and regulatory matters. These directives could serve as
the practical basis for a comprehensive attempt to deal with allegations of extrajudicial
executions attributed to the security forces. The office in Colombia will closely and regularly
monitor implementation and results in 2008. All these measures follow the orientation of several
recommendations made by this office, and it is expected that they will be fully developed in the
document on integral policies of human rights and international humanitarian law to be
published by the Ministry of Defence in early 2008. The Government has also asserted that the
Military Criminal Justice has a restrictive area of action and should be limited to exceptional
cases, as stated in the presidential objection to the bill containing a new Military Criminal
25
For example, there is an unresolved procedural debate about the correct moment to issue
individual indictments - whether to use information already in hand for immediate prosecution,
or to wait until all the evidence is in for all possible cases (including those yet unopened, based
on hitherto unknown facts now coming to light).
26
For example, resolution 12 of 5 March 2007, “Rules for Engagement for the Military Forces”;
Permanent Directive 10 of 6 June 2007 “Reiteration of the obligations on the part of the
authorities to enforce the law and prevent the murder of protected persons”; Permanent
Directive 19 of 2 November 2007, “Complement to Directive 10 of 2007 - Reiteration of the
obligations on the part of the authorities to enforce the law and prevent the murder of protected
persons”; Permanent Directive 300-28 of 20 November 2007, “Rules, analysis, diagnosis and
measurement of the impact of operational results in the light of the policy of democratic
security” (where priority is accorded to demobilization over arrests, and arrests have priority
over deaths in combat).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents