A/65/44
Forced disappearances
(17) The Committee expresses its serious concern at the widespread practice of forced
disappearances (28,000 officially recognized in the National Registry of Disappeared
Persons) and the number of corpses recovered from mass graves – 2,778 to date according
to the State party’s figures. The Committee notes that the graves have been discovered
mainly on the basis of statements by demobilized paramilitaries and that the vast majority
of victims were tortured before being executed, as evidenced by the corpses found bound
and dismembered. The Committee regards as positive the adoption in 2007 of the National
Plan for the Search for Disappeared Persons, but is concerned at the slow pace of
implementation and the lack of institutional coordination with the Office of the Public
Prosecutor. The Committee regrets that the Executive has opposed a bill aimed at clarifying
forced disappearances and identifying corpses in mass graves (art. 2 of the Convention).
The Committee urges the State party to take effective steps and allocate sufficient
resources to implement the National Plan for the Search for Disappeared Persons,
ensuring that victims’ families and organizations are suitably involved and that there
is proper institutional coordination among all the competent authorities. The
Committee recommends that support be given to legislative initiatives to promote
clarification of forced disappearances, the rights of victims and early identification of
corpses in mass graves. The Committee invites the State party to ratify the
International Convention for the Protection of All Persons from Enforced
Disappearance.
Prevention of acts of torture
(18) The Committee acknowledges the efforts made by the State party to prevent gross
human rights violations through the introduction of the Early Warning System (SAT) and
the presence of community defenders in highly vulnerable population groups. It is,
however, concerned that the human and financial resources allocated to these initiatives are
insufficient and that the Inter-Institutional Early Warning Committee (CIAT), responsible
for issuing early warnings, does not seem to act promptly and adequately (art. 2 of the
Convention).
The Committee recommends that the State party strengthen the Early Warning
System in order to prevent displacement and other gross human rights violations,
ensuring that it is allocated sufficient human and financial resources, that warnings
are issued in good time, and that the civil authorities at the departmental, municipal
and other levels participate in the coordination of preventive measures. Given their
valuable role in preventing violations, the Committee recommends that the State
party allocate more resources to community defenders attached to the Ombudsman’s
Office and extend the scope of the programme.
Extradition
(19) The Committee is concerned that the extradition of paramilitary leaders to the
United States of America to answer charges of drug trafficking has produced a situation
that hampers investigations into their responsibility for gross human rights violations. The
lack of an effective legal framework for guaranteeing the obligations entered into under the
Convention hinders victims’ access to justice, the truth and redress and contravenes the
State’s responsibility to investigate, try and punish crimes of torture (arts. 6 and 9 of the
Convention).
The State party should ensure that extraditions do not hamper the efforts required to
investigate, try and punish gross human rights violations. The State party should take
steps to ensure that extradited persons cooperate in investigations in Colombia into
gross human rights violations. The State party should ensure that future extraditions
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GE.10-44721
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