E/CN.4/1995/111
page 25
(c)
The Personeros Municipales, who perform the functions of the Public
Ministry in matters within the jurisdiction of the municipal criminal courts
and courts of mixed jurisdiction and of the prosecutors assigned to the
circuit, municipal and mixed courts (art. 131 A of the Code of Penal
Procedure). Like the Defensor del Pueblo, they have no jurisdiction to impose
penalties.
B.
Problems relating to the functioning of institutions
with jurisdiction to impose penalties
77.
The first and most serious observation with regard to the administration
of justice relates to the weakness of the system, which is reflected in the
high rate of impunity. Impunity is both the cause and the consequence of
violence and, in particular, of human rights violations. Fear of further
violence prevents victims and witnesses from taking legal action, while the
absence of effective investigations and penalties leads government officials
and other persons to believe that their actions will go unpunished. Moreover,
the lack of penalties, particularly for heinous crimes, simply creates a
desire for revenge and to take the law into one’s own hands. This problem,
which has been extensively documented in recent years by non-governmental
organizations, is recognized by the authorities themselves, who informed
the Special Rapporteurs of the scant results achieved in efforts to combat
impunity, despite the progress made in constitutional and legal matters in
recent years.
78.
There are, nevertheless, differences in levels of impunity between the
various institutions. It was pointed out that the highest levels are in the
system of criminal justice, both ordinary and military, while the Procuraduría
General de la Nación, in relation to its disciplinary functions, and the
administrative courts seem to be functioning fairly satisfactorily. With
regard to the latter, it was stated that, in 1993, there had been
approximately 400 rulings declaring the responsibility of the State for
misbehaviour of its agents and involving some 60 million dollars in
compensation. Paradoxically, however, acts in connection with which a ruling
is made against the State by the administrative courts often go unpunished by
the criminal courts.
Ordinary criminal justice
79.
As far as the ordinary criminal courts are concerned, some of the causes
of impunity are internal and relate to the fact that the legal profession was
neglected for years and to the fact that there are so few financial and human
resources for handling such a large-scale problem (the 2,300 or so criminal
judges in the country are apparently not enough). Despite the significant
budgetary effort made since the adoption of the new Constitution, the criminal
courts are still rudimentary in comparison with the task they face. Other
causes are external and arise because the institutions responsible for the
administration of justice are, in the final analysis, part of a society in
crisis, where, as has been seen, violence is rampant among different actors
who are frequently at odds with each other and may at any time jeopardize the
independence of these institutions, which are often their targets.
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