73. The Committee appreciates that the copious emergency legislation and the inadequate functioning of the judiciary also make it difficult to implement the Convention. 4. 74. The Committee observes of violent deaths and cases of the army and the police, systematic practice in some Subjects of concern with great concern the persistence of a large number of torture and ill-treatment attributed to members in a manner that would appear to indicate a regions of the country. 75. The Committee emphasizes with regret that the State party has not yet brought its domestic legislation into line with the requirements of the Convention, as was suggested by the Committee when it received the initial report of Colombia, particularly with regard to the obligations under articles 2, concerning due obedience, 3, 4, 5, 8, 11 and 15 of the Convention. 76. The Committee notes with concern that the light penalties for the offence of torture in the Code of Military Justice do not seem to be acceptable, nor does the extension of military jurisdiction to deal with ordinary crime by means of the inadmissible expansion of the concept of active service and the enactment of provisions which seriously limit the effectiveness of means for protecting rights, such as habeas corpus. 77. The Committee considers that the Government has made virtually constant use of a tool such as the state of internal disturbance which, given its seriousness and pursuant to the Constitution, should be exceptional. Moreover, provisions continue to be adopted that the highest courts of the State have already found to be in violation of constitutional rights. 78. The Committee also views with concern the powers of the regional courts, in particular the non-identification of witnesses, judges and prosecutors. The detention of civilians in military units is also a source of concern. 5. Recommendations 79. The Committee recommends that the practice of torture should be ended forthwith and to this end suggests that the State party should act with great firmness to restore the State’s monopoly over the use of force, disbanding all armed civilian or paramilitary groups, and ensure that swift and impartial investigations into allegations of torture are conducted immediately and that informers and witnesses are protected. 80. The Committee believes that the situation of impunity must be terminated by adopting the necessary legislative and administrative amendments to ensure that military courts judge only violations of military regulations, punishing torture by means of penalties commensurate with its seriousness and dispelling any doubt as to the responsibility of anyone who obeys an illegal order. 81. The Committee also suggests bringing domestic legislation into line with the obligations of the Convention with regard to the non-return or expulsion of anyone who fears being subjected to torture, the extraterritorial and universal application of the law, extradition and the express invalidity of evidence obtained under torture. -16-