1044127

Human Rights Committee

Ninety-ninth session

Geneva, 12–30 July 2010

Consideration of reports submitted by States parties under article 40 of the Covenant

Concluding observations of the Human Rights Committee

Colombia

1. The Human Rights Committee considered the sixth periodic report of Colombia (CCPR/C/COL/6) at its 2721st and 2722nd meetings, held on 15 and 16 July 2010 (CCPR/C/SR.2721 and 2722). At its 2739th meeting, held on 28 July 2010, it adopted the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the sixth periodic report of the State party, which provides information on measures adopted by the State party to further the implementation of the Covenant, while observing that the report mainly describes legislative advances without making an assessment of the degree of de facto implementation of rights. It also welcomes the dialogue with the delegation, the detailed written replies (CCPR/C/COL/Q/6/Add.1) submitted in response to the Committee’s list of issues, and the additional information and clarifications provided orally. The Committee thanks the State party for having translated its replies to the list of issues presented.

B. Positive aspects

3. The Committee welcomes the following legislative and other measures adopted since the examination of the State party’s previous periodic report:

(a) The adoption of Act No. 1257 of 2008, on awareness-raising, prevention and punishment in respect of acts of violence and discrimination against women. This act also amends the Criminal Code, the Code of Criminal Procedure and Act No. 294 of 1996 and introduces new provisions;

(b) The adoption of Act No. 1098 of 2006, enacting the Code for Children and Adolescents.

4. The Committee welcomes the State party’s continued collaboration with the Office of the United Nations High Commissioner for Human Rights (OHCHR) since the establishment of an office in the country in 1997.

5. The Committee also considers as positive the State party’s cooperation with the special rapporteurs, special representatives and working groups of the United Nations human rights system.

6. The Committee welcomes the jurisprudence of the Constitutional Court and its extensive references to and application of international human rights standards.

7. The Committee welcomes the fact that during the period since it considered the fifth periodic report in 2004, the State party has ratified the following instruments:

(a) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (ratified on 23 January 2007);

(b) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (ratified on 25 May 2005);

(d) International Labour Organization Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) (ratified on 28 January 2005).

C. Principal subjects of concern and recommendations

8. The Committee expresses its concern at the lack of significant progress on the implementation of its previous recommendations, including those relating to legal benefits for persons demobilized from illegal armed groups, collusion between the armed forces and paramilitary groups, the failure to investigate serious human rights violations and attacks against human rights defenders. The Committee regrets that many subjects of concern still remain (article 2 of the Covenant).

The State party should take all necessary measures to give full effect to the recommendations adopted by the Committee.

9. The Committee expresses serious concern over Act No. 975 of 2005 (Justice and Peace Act) since, despite the State party’s claim (paragraph 49 of the report and in its oral replies) that the law does not allow amnesties for such crimes, de facto impunity exists for many serious human rights violations. The vast majority of the over 30,000 demobilized paramilitaries have not availed themselves of Act No. 975, and their legal situation is far from clear. The Committee notes with serious concern that only two persons have been convicted and that few investigations have been initiated despite the systematic violence highlighted in versión libre accounts of the paramilitaries charged. The Committee also notes with concern information to the effect that acts by new groups that have emerged in various parts of the country after the demobilization process began are consistent with the modus operandi of those paramilitary groups. The Committee points out that the adoption of Act No. 1312 of July 2009 on the application of the principle of discretion to prosecute leads to impunity if the waiver of prosecution is applied without regard to human rights standards and represents a violation of the victim’s right to full redress. The Committee points out to the State party, in accordance with its general comment No. 31 (CCPR/C/21/Rev.1/Add.13, 2004), that “the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies ... [and that] the problem of impunity for these violations, a matter of sustained concern by the Committee, may well be an important contributing element in the recurrence of the violations” (arts. 2, 6 and 7).

The State party must comply with its obligations under the Covenant and other international instruments, including the Rome Statute of the International Criminal Court, and investigate and punish serious violations of human rights and international humanitarian law with appropriate penalties which take into account their grave nature.

10. The Committee notes that by the end of 2009 there were 280,420 victims registered under Act No. 975 of 2005 and is concerned that to date judicial reparation for victims has been awarded in only one case. The Committee notes the creation and gradual implementation of a programme of individual reparations through administrative channels (Decree No. 1290 of 2008). However, it is concerned that, in spite of the references to the State’s subsidiary or residual responsibility, this programme is based on the principle of solidarity and does not explicitly recognize the State’s duty to guarantee rights. The Committee is also concerned at the discrepancy between normative provisions and their enforcement. In practice, reparation tends to take the form of humanitarian assistance and so far does not provide for full reparation. It is of particular concern to the Committee that Decree No. 1290 does not recognize victims of acts committed by State agents. The Committee regrets that to date no collective reparation measures have been put in place (art. 2).

The State party should ensure that legislation is adopted and should implement a policy that fully guarantees the right to an effective remedy and to full reparation. Implementation of this law must be pursued taking into account the Basic Principles and Guidelines on the right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (A/RES/60/147, 2006) and taking into account the five elements of that right: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Particular attention should be paid to gender issues and to victims who are children, Afro-Colombians or indigenous people. Resources should be specifically assigned to provide psychological and social care and rehabilitation.

11. The Committee is concerned that the extradition, by order of the executive branch, of paramilitary leaders to the United States to answer charges of drug trafficking has produced a situation that hampers investigations into their responsibility for gross human rights violations. Extradition in those conditions therefore hinders victims’ exercise of their rights to justice, the truth and redress and contravenes the State’s responsibility to investigate, try and punish human rights violations (arts. 2, 6 and 7).

The State party should ensure that extraditions do not hamper the efforts required to investigate, try and punish gross human rights violations. The State party should take steps to ensure that extradited persons do not shun their responsibility with regard to investigations in Colombia into gross human rights violations. The State party should ensure that future extraditions take place within a legal framework that recognizes the obligations imposed by the Covenant.

12. The Committee expresses its grave concern at the persistence of serious violations of human rights, including extrajudicial executions, forced disappearances, torture, rape and recruitment of children for use in the armed conflict. The Committee emphasizes the serious lack of statistics and concise information on the number of cases of torture and related investigations. The Committee notes the particular vulnerability of certain groups, such as women, children, ethnic minorities, displaced persons, the prison population, and lesbian, gay, bisexual and transgender (LGBT) persons. The Committee is concerned at the lack of criminal investigations and the slow progress of existing investigations, since many of them are still at the pre-investigation stage, thus contributing to continued impunity for serious human rights violations (arts. 2, 3, 6, 7, 24 and 26).

The State party should ensure that prompt and impartial investigations are conducted by the competent authorities and that human rights violations are punished with sentences appropriate to their seriousness. The State should provide the Human Rights and International Humanitarian Law Unit with additional resources in order to speed up its work. The Committee underlines the importance of the cases concerned being assigned to that Unit. The State must also strengthen security measures for justice operators and for all witnesses and victims. The State party should establish a centralized system making it possible to identify all serious human rights violations and to properly monitor their investigation.

13. The Committee recognizes as positive the efforts made by the State party to prevent gross human rights violations through the introduction of the Early Warning System (SAT) of the Ombudsman, designed to prevent displacement and other serious human rights violations. It also takes note of the presence of community defenders in highly vulnerable population groups. However, the Committee is concerned at the increasing number of SAT risk reports which are not converted into early warnings by the Inter-Agency Early Warning Committee (CIAT) and notes that in some cases there are no responses or effective prevention measures, which at times continues to result in massive displacements (art. 2).

The State party must strengthen SAT, ensuring that preventive measures are taken and that the civil authorities at the departmental, municipal and other levels participate in the coordination of preventive measures. The State party must monitor and follow up all risk reports issued, whether or not CIAT converts them into early warnings. Likewise, the State must strengthen the Ombudsman’s presence in areas at high risk of violations and extend the scope of the programme of community defenders.

14. The Committee is deeply concerned at the widespread pattern of extrajudicial executions of civilians, subsequently described by the security forces as combat casualties. The Committee expresses its concern at the num