E/CN.4/1995/111
page 37
(e)
Make recommendations that would help to prevent further violations
in the future.
122. The Government already has powers, through its control of appointments,
promotions and discharges from service, to make clear that it will not
tolerate criminality by its own forces. The chain-of-command responsibility
is such that, having recognized the existence of the problem, it is in a
position to identify where formal responsibility lies and avail itself of its
powers accordingly. In some isolated cases, the Government has, in the past,
decided to discharge from service agents involved in human rights abuses. The
power to do so is enshrined in article 189 of the Constitution. Its exercise,
however, is independent from any other disciplinary sanctions and from the
criminal procedures to be opened in such cases in compliance with the
aforementioned international obligation to investigate, prosecute and punish
those found responsible, grant adequate compensation and prevent the
recurrence of human rights violations. In any event, members of the security
forces should be suspended from active duty when a formal disciplinary or
criminal investigation in cases involving human rights violations has been
opened against them by the Procuraduría General de la Nación or the Fiscalía
General de la Nación. In addition, respect for human rights should be among
the criteria applied when evaluating the conduct of security forces personnel
with a view to promotion.
123. Counterinsurgency operations by the armed forces must be carried out in
full respect for the rights of the civilian population. The Special
Rapporteurs call on the authorities to ensure that the anonymity of military
personnel does not facilitate impunity when they commit illegal acts.
124. The armed forces must be required to accept as a priority the taking of
effective action to disarm and dismantle armed groups, especially paramilitary
groups, many of which they have set up and/or cooperated closely with. Given
the numerous abuses committed by such groups, as well as their illegal
character, this is an imperative necessity. Furthermore, it would do much to
establish the credentials of the armed forces as impartial upholders of the
rule of law. It would also begin to make a reality of any democratic State’s
need to have a monopoly of the use of force, within the limits established in
the pertinent international standards.
125. The Special Rapporteurs also recommend that efforts to disarm the
civilian population be intensified and their efficiency increased. Strict
control of weapons in the possession of civilians would be an important
measure with a view to lowering the level of common crime and violence in
Colombia.
126. In the light of the tendency of the armed forces in the field to consider
human rights activism, trade unionism and the activities of civic
organizations aimed at improving social and economic conditions, particularly
of the rural and indigenous population, as supporting the insurgency, it is
essential that the highest political and military authorities reaffirm that
such activities are legitimate and necessary. Indeed, the State is threatened
by those who violate human rights not those who denounce the violations.
Public statements to this effect could help to create a climate more conducive
to the exercise of such activities.
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