A/65/44
proportionality of the sentence and the lack of convictions points to a de facto amnesty in
contravention of international human rights obligations. The Committee is seriously
concerned that, despite the systematic violence highlighted in versión libre accounts and the
statement in Act No. 975 of 2005 that “the provisions of this Act shall be applied in
accordance with constitutional norms and the international treaties ratified by Colombia”,
there has to date been no conviction for serious human rights violations. The Committee
points out that the adoption of Act No. 1312 of July 2009 on the application of the principle
of opportuneness leads to impunity if the waiver of prosecution is applied without regard to
human rights standards, and represents a violation of the victim’s right to full redress (arts.
2, 4, 12 and 13 of the Convention).
The Committee urges the State party to comply with its obligations under the
Convention and other international instruments, including the Rome Statute of the
International Criminal Court, and investigate and punish crimes of torture with
appropriate penalties which take into account their grave nature. In this regard, it
points out to the State party, with reference to its general comment No. 2, adopted in
2007 (CAT/C/GC/2), that the Committee considers that amnesties or other
impediments which preclude or indicate unwillingness to ensure prompt and fair
prosecution and punishment of perpetrators of torture or ill-treatment may violate the
principle of non-derogability.
Acquiescence and complicity with illegal armed groups
(15) The Committee is concerned at the widespread complicity of public servants and
elected representatives with illegal armed groups, as evidenced by the high number of
prosecutions for collusion with these crimes. It expresses great concern that Supreme Court
judges have been threatened and have had to have recourse to the Inter-American Human
Rights System for interim measures of protection. The Committee also expresses its dismay
that Supreme Court judges have been harassed, placed under surveillance and have had
their telephone calls tapped by intelligence agents of the Administrative Department of
Security (DAS) (art. 2 of the Convention).
The Committee notes the efforts of the State party to prosecute public servants and
elected representatives for complicity with illegal armed groups and urges the State
party to guarantee fully the integrity and security of persons working in agencies
concerned with the administration of justice. The Committee urges the State party to
take immediate steps to discontinue the harassment and surveillance of judges by
intelligence agents (the DAS) and to punish those responsible for threatening the
independence of the judiciary.
Military justice and extrajudicial executions
(16) The Committee is seriously concerned at the widespread pattern of extrajudicial
executions of civilians, subsequently described by the security forces as deaths in combat
(“false positives”). The Committee reiterates its concern that the military justice system
continues to assume jurisdiction in cases of gross human rights violations, including
extrajudicial executions carried out by the security forces, thereby undermining the
impartiality of those investigations (arts. 2, 12 and 13 of Convention).
The State party should put an immediate stop to these crimes and comply fully with
its obligation to ensure that gross human rights violations are investigated impartially
under the ordinary court system, and that the perpetrators are punished. The gravity
and nature of the crimes clearly show that they fall outside military jurisdiction. The
Committee underlines the responsibility of the High Council of the Judiciary for
resolving conflicts of jurisdiction. The Committee also emphasizes the importance of
ensuring that initial investigations, the collection of evidence and the recovery of
corpses are the responsibility of the civil authorities.
GE.10-44721
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