A/HRC/4/41
page 32
143. According to reports, the Justice and Peace Law, approved in 2005 to facilitate the
demobilization of members of illegal armed groups, has failed to uphold international standards
on the right of victims to truth, justice and reparation.
144. Reportedly, this law gives judicial investigators strict time limits to investigate each case,
with little incentive for potential beneficiaries of mitigation to collaborate with investigators.
The participation of victims in legal proceedings is limited, and there are no provisions to reveal
the involvement of third parties, such as the security forces, who have reportedly played an
integral part in supporting human rights violations carried out by paramilitaries.
145.
No reply was received from the Government regarding this general allegation.
Summary of the situation prior to the period under review
146. The majority of the 1,165 cases of disappearance reported in the past occurred beginning
in 1981. In a large number of these cases, those responsible were allegedly members of
paramilitary groups whose actions were believed to have been undertaken with the complicity or
acquiescence of members of the State security forces. Those disappeared included members of
trade unions, peasants and community workers.
147. The Working Group undertook a mission to Colombia from 5 to 13 July 2005. The
report of the mission is contained in document E/CN.4/2006/56/Add.1. The Working Group’s
recommendations included to halt the continuing pattern of disappearances in the country, to
protect the families of victims and non-governmental organizations working to discover the fate
or whereabouts of disappeared persons, to address the problem of underreporting of cases of
disappearance, to align domestic legislation with the State’s obligations under the Declaration on
the Protection of the Rights of All Persons from Enforced Disappearance and to more effectively
implement the existing legal mechanisms on disappearances in Colombia.
Total cases transmitted, clarified and outstanding
148. In the past and during the period under review, the Working Group has
transmitted 1,224 cases to the Government; of those, 67 cases have been clarified on the basis
of information provided by the source, 201 cases have been clarified on the basis of information
provided by the Government and 956 cases remain outstanding.
Observations
149. The Working Group is deeply concerned about the new cases that continue to occur in
Colombia.
150. The Working Group welcomes the decision of the Constitutional Court of Colombia
declaring ineffective the relevant provisions of the Justice and Peace Law, which the Working
Group had identified as potentially contrary to international human rights law, in particular the
right to truth of victims.
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