E/CN.4/2000/9/Add.1
page 7
26.
In fulfilment of its obligation to compensate victims, the Government provided fuller
replies than those previously given to the Rapporteurs and also responded to comments on
information the Rapporteurs had received from non-governmental sources.
27.
In that connection, the Government recalled the constitutional and legal basis of
compensation, pursuant to article 90 of the 1991 Political Charter of Colombia, which falls under
the State’s responsibility and dates back to the last century, and articles 77 and 78 of the
Administrative Disputes Code and Act No. 288 of 1996.
28.
Act No. 288 of 1996, which the Government had already commented on in its earlier
reply to the Rapporteurs after non-governmental sources had highlighted shortcomings in it,
establishes methods for compensating victims of human rights violations by virtue of the
provisions adopted by international bodies, more specifically the Inter-American Commission on
Human Rights and the Human Rights Committee (E/CN.4/1998/38, paras. 55-59).
29.
Non-governmental sources had pointed out that the Act was confined solely to financial
compensation and did not envisage, for instance, social redress, the clearing of the names of the
victims and fulfilment of the State’s obligation to guarantee the rights to truth and justice. In so
doing, the Act limited the scope of recommendations for compensation made by international
bodies and excluded equally binding recomendations from other intergovernmental bodies for
the protection of human rights such as the International Labour Organization and the Committee
against Torture (E/CN.4/1998/38, para. 56).
30.
In response, the Government explained that the fact that the Act focused on the
compensation of victims did not mean that the areas mentioned in the allegations were
disregarded in other norms and mechanisms. Social redress was considered by the Government
case by case when the fabric of society was thought to have been affected, as, for example had
happened in the cases of the violent eruptions in Trujillo, Valle, and the massacres in los Uvos
and Caloto, Cauca, and the district of Villatina in Medellín.
31.
Recommendations by international organizations, limited in Act No. 288 to the
Inter-American Commission on Human Rights and the Human Rights Committee, were included
partly because of their quasi-judicial procedures, their roots in international agreements and the
fact that they could be invoked by any person or non-governmental organization. The
Government also pointed out that the Committee of Ministers created under the Act had
issued 25 resolutions on 16 cases of human rights violations, benefiting over 100 people. Truth
and justice were monitored through other mechanisms under domestic law.
32.
In the area of civil justice, the Rapporteurs recommended the allocation of adequate
resources and that judicial police functions be carried out exclusively by a civilian entity, namely
the technical unit of the criminal investigation police. They also recommended that the
provincial and departmental branches of the Procurator-General’s Office be given sufficient
autonomy and resources, and that, as long as the regional justice system existed, crimes falling
under its jurisdiction should be clearly defined to guarantee the rights of defendants and
eliminate existing restrictions. Effective protection should be provided for all members of the