E/CN.4/1995/111 page 37 (e) Make recommendations that would help to prevent further violations in the future. 122. The Government already has powers, through its control of appointments, promotions and discharges from service, to make clear that it will not tolerate criminality by its own forces. The chain-of-command responsibility is such that, having recognized the existence of the problem, it is in a position to identify where formal responsibility lies and avail itself of its powers accordingly. In some isolated cases, the Government has, in the past, decided to discharge from service agents involved in human rights abuses. The power to do so is enshrined in article 189 of the Constitution. Its exercise, however, is independent from any other disciplinary sanctions and from the criminal procedures to be opened in such cases in compliance with the aforementioned international obligation to investigate, prosecute and punish those found responsible, grant adequate compensation and prevent the recurrence of human rights violations. In any event, members of the security forces should be suspended from active duty when a formal disciplinary or criminal investigation in cases involving human rights violations has been opened against them by the Procuraduría General de la Nación or the Fiscalía General de la Nación. In addition, respect for human rights should be among the criteria applied when evaluating the conduct of security forces personnel with a view to promotion. 123. Counterinsurgency operations by the armed forces must be carried out in full respect for the rights of the civilian population. The Special Rapporteurs call on the authorities to ensure that the anonymity of military personnel does not facilitate impunity when they commit illegal acts. 124. The armed forces must be required to accept as a priority the taking of effective action to disarm and dismantle armed groups, especially paramilitary groups, many of which they have set up and/or cooperated closely with. Given the numerous abuses committed by such groups, as well as their illegal character, this is an imperative necessity. Furthermore, it would do much to establish the credentials of the armed forces as impartial upholders of the rule of law. It would also begin to make a reality of any democratic State’s need to have a monopoly of the use of force, within the limits established in the pertinent international standards. 125. The Special Rapporteurs also recommend that efforts to disarm the civilian population be intensified and their efficiency increased. Strict control of weapons in the possession of civilians would be an important measure with a view to lowering the level of common crime and violence in Colombia. 126. In the light of the tendency of the armed forces in the field to consider human rights activism, trade unionism and the activities of civic organizations aimed at improving social and economic conditions, particularly of the rural and indigenous population, as supporting the insurgency, it is essential that the highest political and military authorities reaffirm that such activities are legitimate and necessary. Indeed, the State is threatened by those who violate human rights not those who denounce the violations. Public statements to this effect could help to create a climate more conducive to the exercise of such activities.

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