A/65/44
safety and the lack of effective protection measures. The Committee is concerned that they
have been placed under surveillance and have had their telephones tapped by
Administrative Department for Security (DAS) agents, as have other actors in civil society
such as trade unionists, non-governmental organizations and journalists (art. 2 of the
Convention).
The Committee urges the State party to put an immediate end to the harassment by
DAS agents of human rights defenders and other civil society actors upholding human
rights, and to punish those responsible for practices stigmatizing human rights
defenders. The State party should ensure that effective protection is made available
for human rights defenders and others whenever they have been threatened on
account of their activities.
Witness protection
(24) The Committee is concerned about the frequent threats made against witnesses in
cases involving torture and other cruel, inhuman or degrading treatment. The Committee is
particularly concerned about the harassment and murders of witnesses and victims who
have taken part in trials held under Act No. 975 of 2005. In spite of the protection
programmes in place, the Committee considers that the State party has not fully complied
with its duty to ensure the safety and integrity of witnesses and victims (art. 13 of the
Convention).
The Committee urges the State party to adopt effective measures to guarantee the
safety and integrity of witnesses and victims and to strengthen protection programmes
with additional resources. The Committee urges the State party to pay special
attention to the protection and interim measures issued by the Inter-American
Human Rights System and to take immediate and effective measures to ensure
compliance with them.
Full redress
(25) The Committee is concerned about the lack of redress available for victims of torture
and other cruel, inhuman or degrading treatment. It notes that to date there are 250,000
victims of the armed conflict and that Act No. 975 of 2005 and Decree No. 1290 of 2008
make provision for redress for the victims of violations committed by illegal armed groups.
Article 42 of Act No. 975 of 2005 assigns liability for redress to armed groups that have
been convicted by the courts, a provision so far rendered inoperative by the lack of any
convictions. The Committee acknowledges the efforts made by the State party to establish a
programme to provide individual administrative redress via Decree No. 1290 of 2008; it
notes, however, that in spite of the references to the “State’s subsidiary or residual
responsibility”, the programme is based on the principle of solidarity rather than on the
State’s duty to guarantee rights. Given that the State party is responsible for violations
committed with the consent or complicity of, or through omission by, agents of the State,
the Committee is seriously concerned that the responsibility of the State is not clearly
defined and that current legislation may lead to discrimination among victims (art. 14 of the
Convention).
The State party should fully guarantee the right of victims of torture and other cruel,
inhuman or degrading treatment to redress and ensure that this right is established
without discrimination in national legislation, and is enforced in practice.
Implementation of this right must be pursued taking into account the Basic Principles
and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
24
GE.10-44721
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