62.The Committee notes with satisfaction the State party’s adoption of a number of domestic laws of relevance to the prevention and suppression of torture and ill-treatment, in particular: (a)The new Penal Code (Act No. 599/2000), which defines the offences of torture, genocide, forced disappearance and forced displacement and states that due obedience will not be considered as justifying those offences; (b)The new Military Penal Code (Act No. 522/1999), which excludes the offences of torture, genocide and forced disappearance from the jurisdiction of the military criminal courts and regulates the principle of due obedience; (c)Act No. 548/1999, which prohibits the conscription of persons under 18 years of age; (d)The new Code of Penal Procedure (Act No. 600/2000), title VI whereof provides that illegally obtained evidence will be inadmissible. 63.The Committee also welcomes: (a)Act No. 742/2000 approving the ratification of the Rome Statute of the International Criminal Court, the instrument whereof was deposited on 5 August 2002; (b)Act No. 707/2001 approving the ratification of the Inter-American Convention on Forced Disappearance of Persons. 64.Similarly, the Committee expresses its satisfaction at: (a)The statement by the State party’s representative that there neither has been nor will be any amnesty or clemency in the State party for acts of torture; (b)The positive role of the Constitutional Court in the defence of the rule of law in the State party; (c)The ongoing cooperation between the office in Colombia of the United Nations High Commissioner for Human Rights and the Government of Colombia. C. Factors and difficulties impeding the application of the Convention 65.The Committee is aware of the difficulties with respect to human rights and international humanitarian law arising from the current complex situation in the country, especially in a context characterized by the activities of illegal armed groups. The Committee nonetheless reiterates that, as stated in article 2 of the Convention, no exceptional circumstances whatsoever may be invoked as a justification of torture. D. Subjects of concern 66.The Committee reiterates its concern at the numerous acts of torture and ill-treatment reported widely and systematically committed by the State security forces and organs in the State party both during and outside armed operations. It also expresses its concern at the high number of forced disappearances and arbitrary executions. 67.The Committee expresses its concern that measures adopted or being adopted by the State party against terrorism and illegal armed groups could encourage the practice of torture. In this regard the Committee expresses its concern, in particular, at: (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 illtreatment; (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: 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;