E/CN.4/1995/111
page 11
percentage suffered other kinds of physical torture, such as being held under
water, electric shocks, burning with acid, asphyxia caused by plastic bags
being secured over the head, etc.; 136 were verbally abused and/or threatened
with death, disappearance or other violations. 12/ The report also
indicates that out of the 170, 97 persons reported the abuses they were
victims of to some judicial authority or government control organism; 32 of
them informed the Fiscalía in Barrancabermeja, but there is no evidence that
this office has initiated any criminal investigation; 62 cases were reported
to the Procuraduría, but only four resulted in the opening of a formal
disciplinary investigation. 13/ The report also points out that the
subjective responsibility of government agents in acts of torture is sometimes
impossible to establish because they take part in torture sessions hooded or
after placing hoods on their victims, or because they use methods which leave
no marks on the body. On the other hand, there is no independent forensic
body which could carry out investigations and collect evidence. 14/ The
report further states that normally, if there are medical opinions verifying
torture, a disciplinary investigation is begun by the office of the Provincial
Procuraduría in Barrancabermeja and, because of the nature of the act in
question, the case is referred to the Delegate for Human Rights. Many of
these investigations do not result in sanctions of the individuals responsible
because in the majority of cases it is impossible to individualize
responsibility - it is clear that torture was carried out and that the army
was responsible, but which individual members of the army were responsible
cannot be determined. 15/ According to the Procurador Delegado for human
rights, a situation similar to that described in this report seems to prevail
also in the departments of Arauca, Santander, Norte de Santander and in the
south of César.
31.
Information received from non-governmental sources registered, for the
period between January 1993 and March 1994, 654 executions preceded by
torture. The corpses of the victims reportedly bore signs of different forms
of torture: some were burnt, others presented injuries caused by acids or
were mutilated. Women were frequently raped. In 20 per cent of these cases
those responsible were identified as members of the armed forces
(45 per cent), paramilitary forces (30 per cent) and guerrilla groups
(9 per cent).
32.
The reports received by the Special Rapporteurs clearly indicate that
neither the security forces nor the armed insurgent groups show respect for
the right to life and physical integrity in areas of armed conflict. On the
contrary, the Special Rapporteurs received numerous reports about human rights
violations by various military battalions and other units of the security
forces based in zonas rojas. However, particular concern was expressed at the
activities of the brigadas móviles (mobile brigades), established in the
recent past. For example, Mobile Brigade No. 1 has been operating in the
department of Meta and neighbouring Casanare and Boyacá since 1991, whereas
Mobile Brigade No. 2 was established in 1993 in the Magdalena Medio region.
These brigades are reported to patrol the country during extended periods,
without having a permanent base, and the battalions which normally operate in
the region do not consider themselves responsible for their activities.
Members of mobile brigades are said to be accountable for a high number of
enforced disappearances, torture and extrajudicial, summary or arbitrary
executions. During their operations, mobile brigades reportedly do not wear