CAT/C/COL/CO/4
The Committee recommends that the State party strengthen the Early Warning
System in order to prevent displacement and other gross human rights violations,
ensuring that it is allocated sufficient human and financial resources, that warnings
are issued in good time, and that the civil authorities at the departmental, municipal
and other levels participate in the coordination of preventive measures. Given their
valuable role in preventing violations, the Committee recommends that the State
party allocate more resources to community defenders attached to the Ombudsman’s
Office and extend the scope of the programme.
Extradition
19.
The Committee is concerned that the extradition of paramilitary leaders to the
United States of America to answer charges of drug trafficking has produced a situation
that hampers investigations into their responsibility for gross human rights violations. The
lack of an effective legal framework for guaranteeing the obligations entered into under the
Convention hinders victims’ access to justice, the truth and redress and contravenes the
State’s responsibility to investigate, try and punish crimes of torture (articles 6 and 9 of the
Convention).
The State party should ensure that extraditions do not hamper the efforts required to
investigate, try and punish gross human rights violations. The State party should take
steps to ensure that extradited persons cooperate in investigations in Colombia into
gross human rights violations. The State party should ensure that future extraditions
take place within a legal framework that recognizes the obligations imposed by the
Convention.
Arbitrary detentions
20.
The Committee is concerned about the high incidence of arbitrary arrests, and in
particular the use of preventive administrative detention by the police and mass arrests by
the police and the army. The Committee notes that arrest warrants are frequently
insufficiently substantiated by evidence and that arrests are used as a means of stigmatizing
certain groups such as community leaders, youth, indigenous people, Afro-Colombians and
peasants (art. 2 of the Convention).
The Committee recommends that the State party take steps to eradicate preventive
administrative detention and mass arrests, and act on the recommendations made by
the Working Group on Arbitrary Detention following its mission to Colombia in 2008
(A/HRC/10/21/Add.3).
Conditions in detention
21.
The Committee remains concerned about conditions in detention in the light of
persistent overcrowding and continuing complaints of torture and other cruel, inhuman or
degrading treatment in prisons and places of temporary detention. The Committee is
concerned that prolonged solitary confinement is used as a form of punishment. It has
received reports of inhuman or degrading treatment in the Valledupar high- and mediumsecurity prison and the Bellavista prison in Medellin. The Committee is concerned that
complaints about cases of torture and inhuman treatment tend to be dealt with through
disciplinary proceedings alone, and that it has rarely been possible to carry out
investigations. The Committee is also concerned about the military nature of the prisons
and the scant availability of mental health services for prisoners (articles 11 and 16 of the
Convention).
The State party should adopt effective measures to improve material conditions in
prisons, reduce the current overcrowding and properly meet the basic needs of all
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