E/CN.4/1995/111
page 31
101. When they saw the Special Rapporteurs, the Procurador General and his
deputies also stressed the need to deal with the lack of internal disciplinary
control within the armed forces. This would require:
"a decision, without waiting for the conclusion of investigations by the
Procuraduría General de la Nación, the ordinary criminal courts or the
military courts, to dismiss from military or police duty any senior or
junior officers, soldiers or policemen against whom there is serious
evidence of human rights violations ... The Procuraduría General de la
Nación wonders why, when substantiated charges are made of ill-treatment
or atrocities against citizens, the top brass does not show the same
conscientiousness, strictness and diligence as it does whenever one of
the rank-and-file becomes involved in administrative corruption scandals
or complicity with organized crime. It would be highly desirable for the
lack of official discipline affecting the lives and freedoms of the
person concerned to be controlled or punished at the source, in an
exemplary manner, without taking the easy way out by invoking the lack of
external or judicial disciplinary penalties, which are usually slow to
materialize and sometimes never even do". 33/
As for the human rights offices recently established in the military and
police barracks as a system of internal control, non-governmental
organizations criticized their lack of capacity to investigate abuses
against detainees.
102. Non-governmental organizations and personeros also expressed concern
about the fact that complaints of torture, summary executions or
disappearances received by them or the Procuradurías regionales have to be
transmitted to the Procuraduría General in Bogota, which only then requests
the regional office to carry out the investigation. This creates major delays
and obstacles in the process of gathering evidence.
V.
CONCLUSIONS
103. Colombian society is beset by criminality and violence. Over the past
few years, this problem has not diminished, despite the numerous legislative
reforms and initiatives described in this report. Each year, 28,000 to
30,000 murders are committed. The perpetrators are armed groups in the
service of drug traffickers and private landowners; paramilitary organizations
allegedly linked to the security forces; "death squads", sometimes including
off-duty police, killing people suspected of criminality or otherwise
considered as "disposable"; the armed forces and police themselves, who kill
suspected guerrillas and civilians perceived as supporting them; guerrillas
who kill members of the security forces, members of opposing factions, those
who refuse to continue the armed insurgency or to continue to belong to an
insurgent group and sometimes civilians; and ordinary criminals.
104. Most of the torture, which is widespread, is said to be used by the
security forces, and by paramilitary and other armed groups working in
parallel with them, if not as a direct part of their campaigns. Torture may
be used to extract information or confessions or to terrorize. It may occur
before the victims are killed or are subjected to enforced disappearance.
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