A/HRC/10/32
page 10
Unit after preliminary investigations by Special Investigation Task Forces.12 This Unit also
conducted a total of 39 exhumations, but the remains recovered are still being identified. Other
exhumations during the reporting period, as mentioned below, have been conducted in the
framework of the Peace and Justice Act.
25. A pilot phase of the National Plan for the Search for Disappeared Persons, which focused
on the situation in Casanare department, was chiefly limited to collecting information for referral
to the Attorney-General’s Office and training public officials. As acknowledged by the
Government, this and other positive institutional developments, such as the establishment of the
Rapid Search Mechanism, would require further efforts to be effective. Victims’ organizations
and judicial authorities agree that there has been limited effectiveness in the matching of
information and, overall, a degree of negligence in the operation of these institutions.13 These
organizations have also criticized the continuing requirement for a “declaration of presumed
death” to be made, in order, among other things, to receive humanitarian assistance from the
Government. In their view, this requirement inflicts additional emotional damage on the families
and “re-victimizes” them.
26. Ratification of the International Convention for the Protection of All Persons from
Enforced Disappearance, to which the Government committed itself during the universal
periodic review in December 2008, would represent a significant step towards guaranteeing a
more comprehensive and effective response to victims’ claims.
E. International humanitarian law
27. OHCHR Colombia continued to record serious breaches of international humanitarian law
committed by all parties to the conflict. Moreover, as in the past, FARC-EP and ELN continue to
refuse to be bound by international humanitarian law.
1.
Guerrilla groups
28. Among other things, selective killings and the massacre of four coca leaf eradicators in
Puerto Libertador (Córdoba) in February 2008 have been attributed to members of FARC-EP.
ELN is believed to have committed, among other offences, the murder, also in February, of a
member of the community of Micoahumado (Bolivar), who was accused of being an army
informer.
29. FARC-EP continued with its indiscriminate attacks, seriously affecting the civilian
population, including the launching of explosives which killed 3 individuals in Corinto (Cauca)
in May 2008; acts of terrorism, such as the attacks on the Courts of Justice in Cali (Valle del
12
These Commissions are dispatched to places where there is evidence or information that could
help in the investigation of a disappearance. They may focus on establishing the facts in a single
case or in a number of connected cases.
13
Final Report of the Special Investigation Task Force for Casanare and Magdalena,
January 2008.
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