E/CN.4/1995/111 page 25 (c) The Personeros Municipales, who perform the functions of the Public Ministry in matters within the jurisdiction of the municipal criminal courts and courts of mixed jurisdiction and of the prosecutors assigned to the circuit, municipal and mixed courts (art. 131 A of the Code of Penal Procedure). Like the Defensor del Pueblo, they have no jurisdiction to impose penalties. B. Problems relating to the functioning of institutions with jurisdiction to impose penalties 77. The first and most serious observation with regard to the administration of justice relates to the weakness of the system, which is reflected in the high rate of impunity. Impunity is both the cause and the consequence of violence and, in particular, of human rights violations. Fear of further violence prevents victims and witnesses from taking legal action, while the absence of effective investigations and penalties leads government officials and other persons to believe that their actions will go unpunished. Moreover, the lack of penalties, particularly for heinous crimes, simply creates a desire for revenge and to take the law into one’s own hands. This problem, which has been extensively documented in recent years by non-governmental organizations, is recognized by the authorities themselves, who informed the Special Rapporteurs of the scant results achieved in efforts to combat impunity, despite the progress made in constitutional and legal matters in recent years. 78. There are, nevertheless, differences in levels of impunity between the various institutions. It was pointed out that the highest levels are in the system of criminal justice, both ordinary and military, while the Procuraduría General de la Nación, in relation to its disciplinary functions, and the administrative courts seem to be functioning fairly satisfactorily. With regard to the latter, it was stated that, in 1993, there had been approximately 400 rulings declaring the responsibility of the State for misbehaviour of its agents and involving some 60 million dollars in compensation. Paradoxically, however, acts in connection with which a ruling is made against the State by the administrative courts often go unpunished by the criminal courts. Ordinary criminal justice 79. As far as the ordinary criminal courts are concerned, some of the causes of impunity are internal and relate to the fact that the legal profession was neglected for years and to the fact that there are so few financial and human resources for handling such a large-scale problem (the 2,300 or so criminal judges in the country are apparently not enough). Despite the significant budgetary effort made since the adoption of the new Constitution, the criminal courts are still rudimentary in comparison with the task they face. Other causes are external and arise because the institutions responsible for the administration of justice are, in the final analysis, part of a society in crisis, where, as has been seen, violence is rampant among different actors who are frequently at odds with each other and may at any time jeopardize the independence of these institutions, which are often their targets.

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