E/CN.4/1995/111
page 26
80.
Direct violence against representatives of the judiciary usually takes
place in the framework of specific proceedings, mostly criminal, in an effort
to ensure that investigations lead nowhere, that arrest warrants are not
served or simply that responsibility for offences is not proved. This
violence mainly takes the form of death threats and murders (since 1982,
about 270 members of the judiciary are reported to have been murdered) and
also causes corruption to set in.
81.
By way of example, some authorities said that, for the 28,000 violent
deaths that occurred in the country during 1992, the criminal justice system
produced only 2,717 convictions, i.e. in barely 10 per cent of cases - this
when dealing with the most serious of offences.
82.
Although impunity affects the entire judicial branch, the greatest
problems occur during the investigatory phase, which is the responsibility of
the Fiscalía General de la Nación. Because of the high number of crimes
committed in the country, its task is particularly difficult. In many parts
of the national territory, the victims themselves or witnesses prefer to
remain silent for fear of reprisals or react to the violations by moving
to another region, thus making the investigator’s task considerably more
difficult. Successive Governments should have taken decisive measures to
confront this situation, instead of permitting that such a high number of
crimes go unpunished year after year.
83.
The Fiscalía General de la Nación is in charge of coordinating
the criminal investigation police, which provide technical support for
investigations and is made up of some 18,000 staff distributed among the
different divisions assigned functions of this kind. Observers indicated that
the assignment of the task of coordination to the Fiscalía General de la
Nación was a significant improvement over the situation prior to the adoption
of the new Constitution in which each judge conducted his own investigation
and coordination was practically non-existent. However, the Fiscal General
told the Special Rapporteurs that coordination had not yet been fully
achieved. The Ministers of Justice and the Interior also insisted on the
need for improving the investigative capacity of the Procuraduría.
Non-governmental sources, for their part, criticized the excessively important
role assigned to the military forces in criminal investigation activities,
since they lacked the independence needed to conduct investigations
objectively. In the view of these sources, this function should be performed
exclusively by the technical unit of the criminal investigation police
division of the Fiscalía General de la Nación.
84.
Another issue about which the Special Rapporteurs heard repeated
criticism was that of the protection of witnesses. The current Protection
Programme for Victims and Witnesses, designed by the Fiscalía General de la
Nación, is intended mainly for witnesses whose testimony is important enough
to jeopardize criminal organizations. Witnesses in cases of human rights
violations, on the contrary, do not always enjoy the advantages of such a
programme. Officials at the Administrative Department of Security informed
the Special Rapporteurs that their resources were limited and therefore they
were not in a position to respond in a positive way to all the requests they
received for the protection of persons under threat.
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