A/HRC/16/22
justice system during 2010 is of great concern. Moreover, information received indicates
that the transfer and dismissal of some military judges may be related to their collaboration
with the ordinary justice system.
29.
Members of security forces accused of serious human rights violations, as any other
person, are entitled to due process. There are, however, doubts whether this right is upheld
when soldiers accused of participating in extrajudicial executions are represented by the socalled Military Defence (DEMIL). There are indications that DEMIL tries to prioritize
certain interests of the military institution over defendants’ rights. For example, the accused
are prevented from confessing their involvement in the crimes and are thus unable to plea
bargain for reduced sentences, and from making statements regarding the involvement of
other members of the Army.
30.
In the light of the above, the continued denial of extrajudicial executions by some
members of the security forces and the attacks against those within the institution who
collaborate with the justice system are of great concern. Therefore, it is essential that
civilian and military authorities at the highest level unequivocally support these members of
the security forces who collaborate with judicial processes, and design a protocol to protect
them. It is further necessary to apply exemplary sanctions against those who disregard the
Ministry of Defence’s human rights policy, and to guarantee that there are no setbacks to
the measures adopted.10
31.
Deaths due to excessive use of force by members of security forces, especially the
National Police, or as a consequence of collusion with criminal groups continued to occur
in 2010. In this regard, OHCHR-Colombia appreciates the willingness of the National
Police to adequately address such cases.
D.
Illegal armed groups that emerged after demobilization of paramilitary
organizations
32.
OHCHR-Colombia noted with concern the increase in the violence caused by illegal
armed groups in 2010. The Ministry of Defence authorized its Armed Forces to support the
National Police to combat six of these groups.11 Members of these groups committed
homicides, threats, extortion, and acts of sexual violence and caused individual and
collective forced displacement. Of particular concern is the drastic increase in massacres
(40 per cent), in the context of violent disputes among and within these groups.12 In
Córdoba, 10 massacres were registered in eight months, 5 of which occurred in October and
November.
33.
These groups are motivated primarily by economic gain from illicit activities. They
enforce “social control” and operate in similar ways to organized crime. Although they do
not seem to have a clear or coherent ideology or political motivation, they sometimes use
the language and paraphernalia of paramilitary groups and their modus operandi.
34.
Victims include social leaders, human rights defenders and public officials who
confront these groups, as well as indigenous and Afro-Colombian persons. Other victims
are those who refuse to collaborate, who denounce groups to the authorities or who possess
property or request restitution of lands of interest to the groups. Attacks have also targeted
10
11
12
For example, the decrease in the number of operational legal advisers.
Los Paisas, Los Urabeños, Popular Revolutionary Anti-terrorist Army of Colombia (ERPAC),
Renacer, Los Rastrojos and Los Machos.
By November, the Presidential Programme for Human Rights had recorded 38 massacres with 179
victims. In 2009, it recorded 27 massacres with 139 victims.
7
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