(a)
The recruitment of part-time “peasant soldiers”, who continue to live in their
communities but participate in armed action against guerrillas, so that they and their
communities may be the target of action by the illegal armed groups, including acts of torture
and ill-treatment;
(b)
Constitutional reform bill No. 223/2003, which, if adopted, would seem to
confer judicial powers on the armed forces and enable persons to be detained and questioned
for up to 36 hours without being brought before a judge.
68.
The Committee also expresses its concern at:
(a)
The climate of impunity that surrounds human rights violations by State security
forces and organs and, in particular, the absence of prompt, impartial and thorough investigation
of the numerous acts of torture or other cruel, inhuman or degrading treatment or punishment
and the absence of redress and adequate compensation for the victims;
(b)
The allegations of tolerance, support or acquiescence by the State party’s agents
concerning the activities of the paramilitary groups known as “self-defence groups”, which are
responsible for a great deal of torture or ill-treatment;
(c)
The judicial reform bill, should it be approved, would reportedly provide for
constitutional limitation of amparo proceedings and reduce the powers of the Constitutional
Court, particularly with respect to the review of declarations of states of emergency. Similarly,
the Committee expresses its concern at the “alternative penalties” bill, which, if approved,
would, even if they had committed torture or other serious breaches of international
humanitarian law, grant conditional suspension of their sentences to members of armed groups
who voluntarily laid down their arms;
(d)
The allegations and information indicating:
(i)
That some prosecutors in the Human Rights Unit of the Public
Prosecutor’s Office have been forced to resign and that members of the
Unit have been threatened in connection with their investigation of cases
of human rights violations;
(ii)
Inadequate protection against rape and other forms of sexual violence,
which are allegedly frequently used as forms of torture or ill-treatment.
The Committee further expresses its concern at the fact that the new
Military Penal Code does not expressly exclude sexual offences from the
jurisdiction of the military courts;
(iii)
The fact that the military courts are allegedly still, despite the
promulgation of the new Military Penal Code and the Constitutional
Court’s decision of 1997 that crimes against humanity did not fall within
the jurisdiction of the military courts, investigating offences that are
totally excluded from their competence, such as torture, genocide and
forced disappearance in which members of the police or armed forces are
suspected of having been involved;
35
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