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intelligence agents (the DAS) and to punish those responsible for threatening the
independence of the judiciary.
Military justice and extrajudicial executions
16.
The Committee is seriously concerned at the widespread pattern of extrajudicial
executions of civilians, subsequently described by the security forces as deaths in combat
(“false positives”). The Committee reiterates its concern that the military justice system
continues to assume jurisdiction in cases of gross human rights violations, including
extrajudicial executions carried out by the security forces, thereby undermining the
impartiality of those investigations (articles 2, 12 and 13 of Convention).
The State party should put an immediate stop to these crimes and comply fully with
its obligation to ensure that gross human rights violations are investigated impartially
under the ordinary court system, and that the perpetrators are punished. The gravity
and nature of the crimes clearly show that they fall outside military jurisdiction. The
Committee underlines the responsibility of the High Council of the Judiciary for
resolving conflicts of jurisdiction. The Committee also emphasizes the importance of
ensuring that initial investigations, the collection of evidence and the recovery of
corpses are the responsibility of the civil authorities.
Forced disappearances
17.
The Committee expresses its serious concern at the widespread practice of forced
disappearances (28,000 officially recognized in the National Registry of Disappeared
Persons) and the number of corpses recovered from mass graves – 2,778 to date according
to the State party’s figures. The Committee notes that the graves have been discovered
mainly on the basis of statements by demobilized paramilitaries and that the vast majority
of victims were tortured before being executed, as evidenced by the corpses found bound
and dismembered. The Committee regards as positive the adoption in 2007 of the National
Plan for the Search for Disappeared Persons, but is concerned at the slow pace of
implementation and the lack of institutional coordination with the Office of the Public
Prosecutor. The Committee regrets that the Executive has opposed a bill aimed at clarifying
forced disappearances and identifying corpses in mass graves (art. 2 of the Convention).
The Committee urges the State party to take effective steps and allocate sufficient
resources to implement the National Plan for the Search for Disappeared Persons,
ensuring that victims’ families and organizations are suitably involved and that there
is proper institutional coordination among all the competent authorities. The
Committee recommends that support be given to legislative initiatives to promote
clarification of forced disappearances, the rights of victims and early identification of
corpses in mass graves. The Committee invites the State party to ratify the
International Convention for the Protection of All Persons from Enforced
Disappearance.
Prevention of acts of torture
18.
The Committee acknowledges the efforts made by the State party to prevent gross
human rights violations through the introduction of the Early Warning System (SAT) and
the presence of community defenders in highly vulnerable population groups. It is,
however, concerned that the human and financial resources allocated to these initiatives are
insufficient and that the Inter-Institutional Early Warning Committee (CIAT), responsible
for issuing early warnings, does not seem to act promptly and adequately (art. 2 of the
Convention).
GE.10-42033
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