A/HRC/7/39
page 11
Code.27 Adjustments were also made to adopt the accusatory system within the Military Criminal
Justice. Other Army measures included the deployment of operational legal advisers; the
strengthening of internal controls; the reinforcement of its human rights offices; and training on
the application of guidelines for personnel who are the “primary responsible authority” to
preserve evidence for the Attorney General’s Office.
23. There is an abundance of guidelines within the military, and an expanded policy of training
in human rights and international humanitarian law. Nevertheless, there is still much to be done
towards the effective implementation of these principles within the security forces.
24. The office in Colombia continues to receive complaints of extrajudicial executions
attributed to the security forces. Some common characteristics of the complaints are the
following: the victims are represented as having being killed in combat; the scene of the crime
has been tampered with before the bodies were identified; and often investigations have been
initiated by the Military Criminal Justice system. Official investigations reveal that the
underlying motives in several of these cases may be related to pressure on the military to show
results, or to false claims of success in action by certain members of the security forces to obtain
benefits and recognition.
25. The complaints also indicate that the victims included some who might have been linked to
new illegal armed groups, such as in Toluviejo in June 2007, where six young men, apparently
recruited by unidentified persons, were found dead several days later and were reported as
having been killed in combat in Chinú, Córdoba, by the Unified Action Group for Personal
Liberty (GAULA) of Army Brigade 11.
26. It is urgent to identify internal obstacles so that the policies described above can become
fully operative. There is also a need to make progress in the review, design and implementation
of new models of tactical training to be used at the level of operative units, and to analyse
lessons learned.
27. At the same time, OHCHR welcomes the decision taken by the military leadership
regarding the June 2007 incident in Balsillas, Caquetá, when two soldiers shot six people
(including a minor). The immediate reaction of the military commanders was to send the case to
the civilian jurisdiction, where the soldiers were tried and sentenced in just three months.
28. If extrajudicial executions are to be totally eradicated, the Attorney General’s Office and
the control agencies need to have greater commitment. The Attorney General’s Office has
created a special unit to conduct investigations of extrajudicial executions. The complexity and
dimensions of this problem require the allocation of sufficient technical and budgetary resources,
and appropriate training for the investigation team.
27
In July, Congress approved a reform to the Military Criminal Code that did not exclude all
human rights violations and serious breaches of international humanitarian law from the military
jurisdiction, as required by international norms. President Alvaro Uribe objected to this
provision. A final decision by the Constitutional Court is pending. See Republic of Colombia,
Diario Oficial, Year CXLIII, 46,706 (31 July 2007).
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