A/HRC/10/32
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implemented effectively, so that cases under the Justice and Peace Act can progress
satisfactorily. Moreover, it is important that extradited paramilitary leaders continue to play their
part in establishing the truth and comply with the obligation to provide reparations to their
victims.
2.
Investigations into alleged links between members of Congress and
paramilitary groups
55. The Constitution states that members of Congress should be investigated and tried by the
Supreme Court in sole instance. In this context, the Supreme Court continued its investigations
into alleged links between members of Congress and paramilitary groups and expressed serious
concerns about the Government’s criticism of these investigations, portrayed as attempts to
undermine judicial independence.
56. At the time of writing, 72 members of Congress were facing charges; 11 of them have been
convicted and 4 acquitted. Twenty-five have resigned in order to be investigated not by the
Supreme Court but by the Attorney-General’s Office. Furthermore, the Attorney-General’s
Office has investigated over 250 additional cases of a similar nature against senior public
officials, including ministers, governors, mayors or directors of major State institutions. This
confirms the extent of infiltration by paramilitary groups within the State, and the need to
continue combating this problem.
57. These judicial processes constitute a step forward in the struggle against impunity and the
strengthening of the rule of law, which needs to be preserved and shielded from any
politicization. In this respect, the Supreme Court could further solidify its decisions by, for
instance, the strict implementation of arrest warrants and pretrial detention ensuring the
consistency of its decisions and guaranteeing the right of appeal.
3.
Military justice system
58. OHCHR Colombia was encouraged that the Constitutional Court, in its decision No. C-533
of July 2008, accepted the President’s objection regarding military jurisdiction, thereby ensuring
that it does not extend to serious violations of human rights and breaches of international
humanitarian law. This decision is in line with international human rights principles and
standards. Subsequently, in November 2008, Congress approved a new version of the relevant
article of the Military Code, which, at the time of writing, had yet to be reviewed again by the
Constitutional Court.
59. Between January and November 2008, military judges referred 148 cases to the
Attorney-General’s Office, which is more than double the number of referrals made in 2007.25
Nonetheless, military judges still accept jurisdiction in cases that should be tried in the
ordinary courts. In some instances, they even ordered parallel investigations into cases that the
25
Referrals of cases have increased since 2005, when only 35 were sent to the
Attorney-General’s Office. The number increased to 36 in 2006 and 72 in 2007.
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