CAT/C/COL/CO/5
The Committee draws the State party’s attention to its general comment No. 3 (2012),
particularly paragraphs 6, 11 through 15, 32 and 39, which provide a detailed
description of the nature and scope of States parties’ obligation to provide victims of
torture with redress and the means for full rehabilitation.
Confessions obtained under duress
23.
While taking note of the guarantees set forth in the Constitution, in other laws and in
jurisprudence regarding evidence obtained under torture or ill-treatment, the Committee is
concerned by the fact that the State party has not provided it with recent examples of
instances in which the courts have dismissed cases because of the submission of evidence
or testimony obtained under torture or ill-treatment (art. 15).
The State party should take effective steps to ensure that confessions obtained under
torture or ill-treatment are ruled inadmissible. It should also expand its targeted
training programmes on the application of the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Istanbul Protocol) for judges, prosecutors, forensic physicians and all
other medical personnel who deal with prisoners.
Training
24.
The Committee applauds the State party’s efforts to provide human rights training
and training dealing with the provisions of the Convention. It is regrettable, however, that
the Committee has not received information about the development of mechanisms for
assessing the effectiveness of training programmes for law enforcement officers and
military personnel as a means of reducing the number of cases of torture and ill-treatment
(art. 10).
The State party should:
(a)
Continue to conduct mandatory training programmes in order to ensure
that all civil servants fully understand the provisions of the Convention, are well
informed about the offences that will not be tolerated and that will be investigated and
are fully aware that the perpetrators of such offences will be prosecuted;
(b)
Establish a methodology for evaluating the effectiveness of training
programmes as a means of reducing the number of cases of torture and ill-treatment.
Independence of the judiciary
25.
The Committee condemns the murder of Judge Gloria Constanza Gaona Rangel on
22 March 2011 in Saravena, Arauca, and decries the threats and acts of intimidation
directed at judges and prosecutors during the reporting period. The Committee takes note of
the information provided by the delegation which indicates that 144 risk assessments were
conducted in 2014 of the security situation with respect to justice officials involved in the
trials of persons charged with human rights violations and in land restitution processes. The
Committee finds it regrettable that it did not receive sufficient information during its
dialogue with the delegation of the State party about the measures adopted to ensure the
safety and independence of the staff of the Prosecution Service (art. 2).
The State party should protect judges and prosecutors from threats and attacks and
should ensure the immediate, thorough investigation of such acts and the prosecution
and punishment of the guilty parties.
8
GE.15-08413