E/CN.4/1995/111
page 24
de la Nación (Office of the General Prosecutor), which is responsible,
directly or as a result of a complaint or a claim, for investigating offences
and bringing charges against suspects in the competent courts and tribunals.
To this end, it directs and coordinates the criminal investigations conducted
by the national police and other departments provided for by law and ensures
the protection of victims, witnesses and parties to the proceedings (art. 250
of the Constitution);
(b)
The military criminal courts, i.e. the military appeal courts and
the Military Criminal Court, which try offences committed by members of the
police and the armed forces on active duty, in accordance with the
requirements of the Military Penal Code (art. 221 of the Constitution);
(c)
The administrative courts, headed by the Council of State, in cases
of compensation for loss or injury suffered by individuals as a result of acts
of government officials.
76.
Outside the sphere of competence of the judiciary, the Public Ministry, a
government monitoring body which is independent of the legislature, the
executive and the judiciary, also has jurisdiction for the protection of human
rights. It is composed of:
(a)
The Procuraduría General de la Nación, which is the highest
authority in matters relating to the official conduct of persons in public
service; it exercises disciplinary authority, conducts the appropriate
investigations and imposes the appropriate penalties (art. 277 of the
Constitution). It therefore exercises external disciplinary authority over
government institutions, independently of the internal disciplinary authority
of each institution. It may refer any evidence it collects to the prosecutors
and judges for the purposes of the relevant criminal proceedings.
(b)
The Defensor del Pueblo whose duties include that of asserting the
right to the remedy of habeas corpus and that of instituting protection
proceedings, without prejudice to the right of the persons concerned (art. 282
of the Constitution). Although his work mainly involves prevention,
counselling for citizens and public complaints, he may also conduct
preliminary investigations in cases brought to his attention, take measures to
ensure the production of evidence and arrange for the protection of witnesses,
formalities which he may refer to the Procuraduría General de la Nación or the
Fiscalía General de la Nación. In this connection, the Defensor del Pueblo
informed the Special Rapporteurs that victims and witnesses frequently turned
to his office because they saw it as an institution which inspired confidence
and guaranteed objectivity so that, with its support, other departments,
particularly the Fiscalía General de la Nación, would take measures for the
protection of witnesses. He also indicated that, when it came to the
attention of his office that a detainee was being tortured, he immediately
made an official visit to the place of detention and had thus been able to
verify serious cases and make the appropriate recommendations. In some
situations, this prompt action, without formalities, was more effective than
any other procedure. He also stated that, from January to October 1994, his
office had received 138 complaints of murder, 266 of threats and 64 of
torture.
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