E/CN.4/1995/111
page 34
extent to which statements and declarations are put into practice. The
recommendations that follow are aimed at reinforcing and supporting the
efforts of the Colombian Government to translate the commitment into reality.
Particular emphasis is laid on measures that could contribute to the
prevention of further human rights violations.
VI.
RECOMMENDATIONS
115. While initiatives to raise awareness of human rights among members of the
security forces and the population in general through educational and other
measures are to be welcomed as a necessary step, the Special Rapporteurs wish
to emphasize that respect for, and thus enjoyment of, human rights, can only
be improved if impunity is effectively fought. The Special Rapporteurs call
on the Government to fulfil its obligation under international law to conduct
exhaustive and impartial investigations into all allegations of extrajudicial,
summary or arbitrary executions and torture, to identify, prosecute and punish
those responsible, grant adequate compensation to the victims or their
families and take all appropriate measures to prevent the recurrence of such
acts.
116. The present system of military justice ensures impunity for acts such as
summary execution, torture and enforced disappearance. The United Nations
General Assembly, in its Declaration on the Protection of All Persons from
Enforced Disappearance (resolution 47/133 of 18 December 1992), stipulated
that persons alleged to have committed acts of enforced disappearance should
be tried only by the competent ordinary courts, and not by any other special
tribunal, in particular military courts (art. 16.2). The Special Rapporteurs
are of the opinion that this should apply equally to extrajudicial, summary or
arbitrary executions and torture. Therefore, the only appropriate step would
be to remove such acts from the ambit of military justice. This should be
clearly spelled out in the law.
117. The civilian justice system, however, is not functioning properly either.
The ordinary courts prosecute to conviction in only about one tenth of all
cases of murder. The Special Rapporteurs therefore call on the authorities to
take the necessary steps with a view to strengthening the ordinary justice
system so as to make it more efficient in all circumstances, thus making
unnecessary the use of special justice systems, such as the Regional Justice
System. The following may be recommended to this effect:
(a)
Allocation of the necessary human and material resources,
especially at the investigative stages of judicial proceedings. Judicial
police functions should be carried out exclusively by a civilian entity,
namely the technical unit of the criminal investigation police. This would
allow the independence of investigations and constitute an important
improvement in the access to justice for victims of and witnesses to human
rights violations, who, at present, very often see their complaints being
investigated by the very institutions they accuse of being responsible for
these violations.
(b)
The provincial and departmental offices of the Procuraduría should
be given sufficient autonomy and resources to carry out prompt and effective
investigations into alleged human rights violations.
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