CAT/C/COL/CO/4 Sexual violence 28. The Committee is concerned about the high incidence of sexual violence and about its use as a weapon of war. It regrets the failure to take all necessary measures to ensure compliance with Constitutional Court order 092 of 2008, and the lack of information on the relevant investigations. It expresses concern about the rapes reportedly carried out by the security forces, noting the lack of firm action, and the absence of investigations to identify the perpetrators. It is also concerned about the failure of the mechanisms established by Act No. 975 of 2005 to reflect crimes involving sexual violence and by the fact that they are not always documented in forensic reports, despite the instructions that have been issued (articles 2 and 16 of the Convention). The State party should adopt effective and urgent measures to eradicate sexual violence, particularly when used as a weapon of war. In particular, the State party should comply with Constitutional Court order 092 of 2008 and investigate the relevant cases. Sexual violence reportedly committed by the security forces should be investigated, tried and firmly punished. Measures should be implemented to ensure the full and systematic application of the instructions requiring signs of torture or sexual violence to be documented in forensic reports. Child soldiers 29. The Committee is concerned about the continued recruitment and use of children by illegal armed groups. The Committee recognizes the efforts made by the State party through the establishment, in December 2007, of the Intersectoral Commission to prevent the unlawful recruitment of children and adolescents by illegal organized groups; it notes that according to the State party, it has been possible to break the grip of such groups on some 3,800 children. The Committee does, however, regret the lack of information on the criminal liability of persons responsible for recruiting children. It is concerned that such children are not given sufficient support to ensure their physical and mental rehabilitation and recuperation, that different levels of protection are offered depending on whether the children are demobilized from guerrilla or other illegal armed groups, and that when children are taken captive by the security forces, they are not always handed over to the civil authorities within the 36-hour legal deadline. The Committee is also concerned that the security forces use children for intelligence purposes, occupy schools in areas of conflict and organize “military days” in schools throughout the country (articles 2 and 16 of the Convention). The State party should strengthen measures to prevent the recruitment of children, provide proper support to ensure their physical and mental rehabilitation and recuperation and prosecute through the criminal courts those who have recruited them. The security forces should refrain from jeopardizing the neutrality of schools and comply with standards relating to the return to the civil authorities of children who have broken away from illegal armed groups or been captured. The Committee recommends that the State party extend its full cooperation to the Special Representative of the Secretary-General for Children and Armed Conflict in order to progress with the implementation of Security Council resolution 1612. Non-refoulement 30. The Committee notes that Decree No. 2450 of 2002 “which lays down procedures for establishing refugee status” contains provisions that do not fully comply with the obligations laid down in article 3 of the Convention and in the 1951 Convention relating to the Status of Refugees. The Committee nevertheless takes note that approval of a new decree on this matter, which includes the principle of non-refoulement, is pending (art. 3 of the Convention). GE.10-42033 9