E/CN.4/1995/111
page 23
between a small, extremely wealthy and powerful elite and underprivileged
peasants and workers are enhanced and perpetuated. Cooperation between the
drug traffickers and the military allegedly comprises protection of the
installations used for the processing of cocaine and joint operations
involving military and paramilitary groups, directed against guerrillas and
their suspected supporters in areas of insurgent activities. It was also
reported that no efforts have been made on the part of the military to disarm
or dismantle private armed groups in the service of drug traffickers and/or
landowners. These armed groups are said to be responsible for numerous abuses
against the civilian population, particularly in the context of land
accumulation for coca growing.
73.
The Special Rapporteur received preoccupying reports concerning recent
assassinations and threats related to the disappearance and subsequent
killing, in 1990, of more than 40 persons in Trujillo, whose bodies were
thrown into the river Cauca, bearing marks of torture and mutilation.
Investigations into the case established the involvement of agents of the
military intelligence service F-2, the DAS, the local and departmental police
and military in these killings, which were said to have served the interest of
drug traffickers in the area. In July 1994, new cases of disappearance and
killings occurred in Trujillo. Some of the victims were relatives of persons
killed in 1990. The remaining family members reportedly fled the area after
receiving threats from members of the police and persons linked with drug
traffickers. The Special Rapporteur was told that these renewed
assassinations and threats may be related to proceedings concerning the
Trujillo massacre before the Inter-American Commission on Human Rights. In
early October 1994, a commission composed of representatives of State
institutions and non-governmental organizations was established to clarify
the case.
74.
Furthermore, the Special Rapporteur was informed of the recent appearance
in the central region of the Cauca valley of a paramilitary group operating
under the name COLSINGUE (see above, para. 38). According to eye-witnesses,
members of COLSINGUE are patrolling the area together with soldiers of the
Palacé Battalion. Recent grave violations of the right to life give rise to
concern: on 14 August 1994, they were said to have killed two peasants and
one landowner of the area labelled as "auxiliaries" of the guerrillas at
La Magdalena. On 23 September 1994, two insurgents and two peasants were
reportedly killed at Jamundí during an indiscriminate attack by the military
while the insurgents were holding a meeting with various inhabitants of the
area. The military commanders, on the other hand, told the Special Rapporteur
that the only "pseudo-paramilitary" group was a group of gunmen working for a
drug trafficker currently detained at the Modelo prison in Bogota.
IV.
THE RIGHT TO DUE PROCESS OF LAW
A.
Institutions
75.
Under the Colombian legal system, the administration of justice in
cases of human rights violations is primarily the responsibility of:
(a)
The ordinary criminal courts, the Supreme Court of Justice being
the highest court. Criminal proceedings are brought by the Fiscalía General
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