E/CN.4/1988/17/Add.1
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12. The Government of Colombia is to be commended for the interest it has
shown in strengthening the protection of human rights in a period when
national stability is seriously threatened. It deserves the support of all
other States in reaching the goals it has set itself. In a country where
human rights are violated in a horrifying way by groups of a non-Statal
nature, it is vitally necessary that the authorities in fighting this evil
keep strictly to the rules and act in accordance with the law and that
breaches of these rules be severely punished. Only in this way can respect
for the rule of law be restored.
Argentina
13. The Special Rapporteur had consultations with the Government of Argentina
and with some non-governmental organizations on 14 and 15 December. It is all
too well-known that Argentina has gone through a long and dark period of
seven years when disappearances, torture and killings became endemic. It was
pointed out to the Special Rapporteur that it took more than four years before
the general public became aware of the terrifying dimensions of the human
rights violations. According to the authorities, the general revulsion
prevalent throughout the country about what happened during that period is the
best and most effective guarantee that a recurrence of such human rights
violations will not be tolerated. The military take-over of 1976 and all that
it entailed was the direct consequence of the civil strife and domestic chaos
which existed in the country during the previous years. The sad experiences
of the last decade have also been a maturing process and have contributed to a
greater sense of responsibility among the various political parties and
groups. It was also pointed out to the Special Rapporteur that the excesses
which occurred during the 1970s and the early 1980s had their roots in the
harsh treatment which had already been applied to detainees for a very long
time. For decades it had been common practice to extort confessions under
duress during criminal investigations. When a suspect who appeared before an
examining magistrate (juez de instruccion) contended that his confession had
been obtained by torture, the law provided that the burden of proof lay with
the suspect. Such a legal system is highly conducive to the practice of
torture and, consequently, this legal provision has now been abolished. The
law now states that only a statement made before the examining magistrate has
evidential value. This provision and the replacement of the previous largely
written criminal procedure by a preponderantly oral procedure has made the use
of torture as a means of gathering evidence less probable. Moreover, torture
now carries the same penalty in the Penal Code as homicide.
14. The Special Rapporteur was told by the Chief of the Federal Police that
no specific new training programmes for the police force or new investigation
techniques had been introduced. During instruction and daily practice the
main emphasis was laid on the need to create mutual trust between the police
and citizens. Policemen should be aware that they were there to serve the
public not to be their masters. Moreover, it must be made crystal clear that
any abuse of power by the police would be severely punished.
15. The Special Rapporteur was impressed by the firm decision of the
authorities not to allow any recurrence of past practices and their trust in
the maturity of the population. He feels, however, that the continued
awareness that respect for human rights should be given the highest priority
could be strengthened by introducing training programmes for security
personnel. Such programmes should emphasize how to treat people entrusted to