E/CN.4/1995/111
page 4
departments of Norte de Santander, Arauca and Valle del Cauca, the
regional representatives of the Procuraduría, the Fiscalía and the
Defensoría del Pueblo, the local military and police commanders, as well as
the mayors of the cities of Barrancabermeja, Arauca and Cali. In addition,
the Special Rapporteur on torture visited several prisons in Bogota and
Barrancabermeja with the main purpose of meeting prisoners whose cases had
been forwarded to him in the context of his mandate. He met, in particular,
two prisoners who had been kept in isolation in military barracks for several
months, and appealed later to the authorities to put an end to that situation.
By letter dated 21 November 1994, the Government informed the Special
Rapporteur that both prisoners had been transferred to civilian prisons.
6.
During their visit, the Special Rapporteurs also met with representatives
of a wide range of non-governmental organizations active in the field of human
rights, representatives of political opposition parties and trade unions, as
well as persons testifying in their personal capacity, not only from the
cities visited but also from other departments of Colombia, such as Antioquia,
Meta, Putumayo, Cauca, Valle del Cauca and from the region of Magdalena Medio.
7.
The Special Rapporteurs wish to thank the Government of Colombia for the
invitation and for the assistance provided during the mission. The frankness
with which the representatives of the different State authorities provided
them with information was highly appreciated. The Special Rapporteurs would
also like to thank all non-governmental organizations and other groups that
provided them with information and, in particular, those who presented their
personal testimony to them. Particular thanks are extended to the
United Nations Development Programme and the Andean Commission of Jurists Colombian Section, which provided invaluable assistance in coordinating the
programme of meetings during the mission.
8.
The present report contains in chapter I a short reference to previous
visits to Colombia carried out in the framework of thematic mandates of the
Commission on Human Rights, as well as an overview of the developments since
1990 affecting the right to life and physical integrity in the country. In
chapter II, the Special Rapporteurs present principal issues of concern to
their respective mandates, as identified on the basis of documentation
received and of the information gathered during the mission. Chapter III
illustrates these concerns through an analysis of the situation and
interaction of factors in three areas visited by the Special Rapporteurs
during their visit. In chapter IV, the Special Rapporteurs examine problems
related to the functioning of the administration of justice. Lastly,
chapter V contains the conclusions drawn by the Special Rapporteurs and their
recommendations for possible ways of improving respect for the right to life
and physical integrity.
I.
BACKGROUND AND CONTEXT:
DEVELOPMENTS SINCE 1990
9.
Between 1987 and 1989 three different mechanisms of the Commission on
Human Rights visited Colombia and reported their findings: the Special
Rapporteur on the question of torture 1/, the Working Group on Enforced or
Involuntary Disappearances 2/ and the Special Rapporteur on summary or
arbitrary executions. They all focused inter alia on the context of violence