E/CN.4/1995/111
page 30
Procuraduría General de la Nación adopted 524 relating to human rights, each
of which involved an average of 4 public officials. Fifteen decisions related
to massacres, 56 to murders, 43 to torture and 12 to threats. Of these, there
were 21 convictions for murder, 16 for torture and 4 for threats. 29/
While in 1992 there were more than two acquittals for each conviction, in
1993, there was barely more than one acquittal for each conviction. 30/
97.
According to the same report of the Procuraduría General de la Nación,
"The decisions taken in 1993 mostly involve staff at the operational
level, who, in turn, are the subject of most of the complaints of
violations ... It is precisely at the operational level that there is
the greatest contact with the community and, therefore, the greatest
opportunity for assault and identification by the victims. It should be
noted that the managerial level, which was the highest one considered by
the Procuraduría General de la Nación, was the next highest in number of
decisions, whence it may be inferred that, while the actual commission of
the act is punished, the order to commit it is also given strict and
careful treatment by the Fiscalía General de la Nación whenever there is
a possibility of investigating it." 31/
98.
Like the Fiscalía General de la Nación, the Procuraduría General de la
Nación encounters its greatest difficulties at the stage of collecting
evidence; many of the incidents occur in the countryside, in remote areas, and
evidence is frequently concealed or attempts made to divert the investigation.
The Special Investigations Office investigates approximately 30 per cent of
the complaints received; the remainder are investigated through the regional
and departmental offices, which, according to the Procurador Delegado para los
Derechos Humanos, are much less effective.
99.
As for the quashing of cases, the Procuraduría General de la Nación notes
that the most frequent ground is res judicata:
"Quite frequently, when the armed forces are apprised of acts that would
lead to a disciplinary penalty for some of its members, they hurry to try
the case and hand down a favourable decision, which prevents the
Procuraduría General de la Nación from continuing its work on the same
case: once the armed forces’ internal monitoring mechanism has handed
down a ruling, it enjoys the privilege of res judicata. When dealing
with judgements by this body, the Procuraduría General de la Nación may
request reviews, but it cannot hand down another ruling. This means
that, although the armed forces’ internal monitoring mechanism acts more
quickly than the Procuraduría General de la Nación, its handling of
cases, which has proved to be permissive and inefficient, ultimately
prevents the Procuraduría General de la Nación from rendering
justice." 32/
100. With regard to the implementation of its decisions, the Procuraduría
General de la Nación requests the authority that appointed the staff member in
question to enforce the penalty within a 10-day period, subject to penalty.
According to the Procurador General, in practice the implementation of a
disturbing number of decisions is delayed for six months to a year, but the
great majority are implemented.
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