E/CN.4/1995/111
page 6
13.
The years following Mr. Wako’s visit saw a number of legislative
initiatives relating to human rights issues in Colombia. In 1991, a new
Constitution came into force which contains a catalogue of fundamental rights
and freedoms, as well as procedures for their protection, such as the writ of
protection, or the establishment of the institution of the Fiscalía and the
Defensoría del Pueblo. Further legislative initiatives dealt with judicial
procedures and, in particular, introduced reforms in the institution of the
Regional Justice.
14.
Law No. 81 of 1993 contained a reform of the Code of Criminal Procedure,
inter alia allowing lawyers, in procedures before the Regional Justice, to
interrogate secret witnesses, even though their identity remained unknown, and
revoking the decree that had prohibited the distribution of judicial files to
defence lawyers. During 1993, the Constitutional Court issued a number of
decisions by which it declared inexequibles several decrees limiting rights
and guarantees in proceedings before the Regional Justice system. For
example, the writ of habeas corpus was reinstated in such proceedings and the
decree that permitted convictions to be founded on declarations of secret
witnesses was revoked. Law No. 104 of 1993 amplified the scope of the witness
protection programme and provided for guarantees for those movements of social
and popular protest acting within the Constitution and the law. Decree
No. 2535/1993, issued pursuant to Law No. 61 of 1993, modified the norms
governing the carrying, holding, purchase and sale of firearms, as well as
their registration, promoting the disarmament of the civilian population.
Furthermore, Laws No. 30 of 1993 and 107 of 1994 enhanced human rights
education.
15.
Control mechanisms and human rights institutions were set up within the
security forces. For instance, a human rights unit was established in 1992
within the General Command of the Armed Forces and, in 1994, within the
Ministry for Defence. Law No. 62 of 1993 provided for a restructuration of
the National Police, stipulating that human rights protection was essential to
the mission of the police as an institution and that human rights issues were
a central feature in the education of all police agents. Law No. 62 also
created the position of a Comisionado Nacional para la Policía, who would
coordinate the mechanisms of internal disciplinary control, to which a
civilian was appointed. Non-governmental sources, however, drew the Special
Rapporteurs’ attention to statements made by the first appointee to this post
according to which he had seen his work restricted by resistance coming from
high-level police officials. On 9 September 1993, a special human rights unit
was created within the Departamento Administrativo de Seguridad.
16.
On 17 August 1993, the Minister for Defence issued Directive No. 0017
obliging all members of the fuerza pública to respect the norms of
international humanitarian law contained in the four Geneva Conventions
of 1949 and the Protocols additional thereto. On 6 September 1993, the
Command of the Military Forces issued Directives Nos. 100-5 and 100-6
concerning, respectively, strict respect for international humanitarian law
and the strengthening of programmes aiming at respect for human rights by all
members of the military forces. A draft bill proposing adherence to
Protocol II additional to the Geneva Conventions of 1949 was approved by the
Senate in September 1994.