CAT/C/COL/CO/5
The Committee reiterates that amnesties for the crime of torture are incompatible
with the obligations of States parties under, inter alia, article 14 of the Convention. In
this regard, the Committee refers to paragraph 5 of its general comment No. 2 (2007),
on the implementation of article 2 by States parties, and to paragraph 41 of its general
comment No. 3 (2012), on the implementation of article 14 by States parties. The State
party should also make sure that the extradition of members of AUC does not impede
investigations into abuses committed by paramilitary groups in Colombia. In addition,
the State party should take steps, as a matter of urgency, to put an end to the criminal
activities of members of illegal armed groups that were formed following the
demobilization of paramilitary organizations.
Gender-based violence
13.
While welcoming the steps taken to prevent the various forms of violence against
women and to punish the perpetrators of such acts, the Committee is concerned by the fact
that the large number of complaints concerning gender-based violence that have been filed
have led to so few convictions for crimes involving gender-based violence. According to
the statistics provided by the State party, of the 266,552 complaints of offences involving
gender-based violence that were filed between 2010 and 2013, only 10,671 convictions for
such offences were handed down (arts. 2 and 16).
The Committee urges the State party to redouble its efforts to combat all forms of
gender-based violence and to ensure that all complaints are thoroughly investigated
and that suspected offenders are prosecuted and, if convicted, punished appropriately.
The State party should also ensure that victims receive full redress for the harm
suffered, including fair and adequate compensation and the fullest rehabilitation
possible. Public awareness-raising campaigns concerning violence against women
should also be expanded.
Sexual violence in the context of the armed conflict
14.
The Committee recognizes the efforts made by the State party to combat sexual
violence perpetrated by armed groups — including the Fuerzas Armadas Revolucionarias
de Colombia-Ejército del Pueblo (FARC-EP) and the Ejército de Liberación Nacional
(ELN) — and by members of security forces in the context of the armed conflict.
Nonetheless, the Committee remains concerned about the high levels of sexual violence in
the country, much of which is directed at women and girls, many of whom are internally
displaced. The Committee is also concerned by the fact that victims of sexual violence face
formidable obstacles in their efforts to seek justice, and this is particularly true in the case
of indigenous women and Colombian women of African descent. The Committee is, in
addition, concerned by the stigmatization associated with this type of violence (arts. 2 and
16).
The State party should redouble its efforts to ensure that victims of sexual violence
receive redress and should adopt specific measures that will put an end to the culture
of silence and stigma that surrounds this type of violence. In this regard, the
Committee draws the State party’s attention to paragraph 33 of its general comment
No. 3 (2012).
Refugees and non-refoulement
15.
Having examined the changes in asylum procedures introduced under Decree No.
2840 of 6 December 2013, the Committee observes that this decree provides that migration
authorities may not accept asylum applications from persons who are in transit at border
checkpoints. The Committee is concerned by the fact that the State party may have acted in
breach of the principle of non-refoulement in respect of Lorent Saleh and Gerando Carrero,
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