CAT/C/COL/CO/5
Extrajudicial killings, enforced disappearances and other grave human rights
violations
10.
The Committee is concerned by the persistence of grave human rights violations,
including extrajudicial killings and enforced disappearances, in the State party. It notes,
however, that, in his latest report on the human rights situation in Colombia, the United
Nations High Commissioner for Human Rights said that the Commission’s office in
Colombia had not documented any further cases of “false positives” in 2014 but did
document cases in which the armed forces had attempted to portray victims of arbitrary
killings as enemy combat casualties or had rearranged crime scenes to make it appear as
though the killings had been in self-defence (see A/HRC/28/3/Add.3, para. 43). While it
takes note of information provided by the State party’s delegation about the prosecution of
members of security forces charged with having committed extrajudicial killings, including
cases of “false positives”, the Committee finds it regrettable that it has not received
information concerning criminal trials or convictions for the offence of enforced
disappearance (arts. 2, 12 and 16).
The State party should ensure that extrajudicial killings, enforced disappearances and
other grave human rights violations are investigated promptly, effectively and
impartially, that suspected perpetrators stand trial, that those who are found guilty
are punished accordingly and that all victims are provided with effective redress,
including adequate compensation.
The military justice system
11.
The Committee appreciates the explanations offered by the State party’s delegation
regarding the fact that military courts are barred from trying civilians and its description of
the content of a number of pending bills that would reform the military justice system.
However, it considers that, if the amendments proposed by the Government were to be
adopted, military courts would have jurisdiction over cases involving acts committed by
military personnel that could be classified as any of the different categories of homicide or
mistreatment of civilians (art. 2, para. 1).
The State party should ensure that grave human rights violations and other abuses
committed against civilians by military personnel do not fall within the jurisdiction of
military courts.
Paramilitaries and groups that have formed since the demobilization
12.
The Committee takes note with concern of the shortcomings exhibited by the special
paramilitary demobilization process being pursued under the terms of Justice and Peace Act
No. 975/2005 as amended by Act No. 1592/2012 and observes that, although this process
has helped in some way to bring out the truth, it appears to have allowed many crimes
committed by members of paramilitary groups to go unpunished, thereby denying their
victims’ right to full redress. The explanations offered by the delegation notwithstanding,
and even though an access plan has been agreed upon with the United States Department of
Justice, the Committee believes that the extradition of the chief commanders of the
Autodefensas Unidas de Colombia (AUC) to stand trial for drug trafficking may have had a
negative impact on the investigations being conducted as part of the justice and peace
process. The Committee is also concerned about the serious abuses — including enforced
disappearances, murders, sexual violence, the recruitment of minors, threats and forced
displacements — committed against civilians by the armed groups that were formed in the
wake of the demobilization of paramilitary organizations. It is especially concerned by
reports indicating that these groups are responsible for the numerous kidnappings and
murders that have occurred in the last few years in the city of Buenaventura, in the Valle
del Cauca (arts. 2, 4, 12, 14 and 16).
GE.15-08413
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