A/HRC/13/72
stigmatization of the victims or pressured them to withdraw their accusations through
coercion, threats or payoffs.
46.
These cases indicate the need for security forces to undertake firm, clear and
definitive measures of “zero tolerance” regarding sexual violence, including separation
from service. Without waiting for or excluding the results of prosecutions and disciplinary
proceedings, it is necessary to adopt preventive measures, publicly recognize the facts
(without exposing or re-victimizing victims) and ensure reparations and minimum
guarantees of non-repetition. Some good efforts in this regard include the creation of round
tables on gender-based violence organized by the Ministry of Defense and the United
Nations and the adoption of measures to assist and protect victims and to prevent sexual
violence.
47.
Despite the significant efforts by the Attorney General to train his personnel and
create special investigative units, impunity for acts of sexual violence remains widespread.
The Constitutional Court ruled in its order 036 of 2009 that investigations of 183 cases of
sexual violence by the Attorney General’s Office were not satisfactory. Further progress is
also needed to implement the court-ordered prevention programmes against sexual
violence, which, by November 2009, were still only in the design stage and require the
active participation of women.
48.
The corresponding Decree should be promptly issued for Law 1257 (2008) on
measures for raising awareness and prevention and punishment of all forms of violence and
discrimination against women. Meanwhile, there are existing legal provisions, such as noncompulsory conciliation, which should be directly and immediately applied by competent
authorities.
G.
Torture and other cruel, inhuman or degrading treatment or
punishment
49.
Colombia continues to lack a reliable source of official data on torture and cruel,
inhuman and degrading treatment. The existing data do not seem to reflect either the
magnitude or the real impact of the problem. The victims’ fear of reprisals, the lack of trust
in institutions, the absence of appropriate legal and psychosocial support, the lack of
adequate and differentiated protection, and the social stigmatization of victims hamper the
full understanding of the extent of the problem.
50.
By June 2009, the Attorney General’s Office was investigating 10,545 cases of
torture. These cases relate to both physical and psychological torture and, for the most part,
the victims had been tortured in conjunction with other crimes, such as enforced
disappearance, kidnapping or sexual violence. That they are associated with other human
rights violations do not diminish the gravity of the crime of torture.
51.
Some social groups are particularly vulnerable to torture, such as women, children,
youth, incarcerated persons, and LGBT persons, in particular in Antioquia.
52.
Ratification of the Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, as an instrument for prevention
and technical cooperation, would contribute to a more efficient protection against this
scourge.
H.
Enforced disappearance
53.
Enforced disappearance continues to be of major concern. By December 2009, the
National Registry of Disappeared Persons reported 37,300 cases, of which almost 10,000
GE.10-11819
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