COMMITTEE HEARS RESPONSE OF COLOMBIA TO QUESTIONS RAISED ON ITS IMPLEMENTATION OF ANTI-TORTURE CONVENTION
Press Release
HR/4237
COMMITTEE HEARS RESPONSE OF COLOMBIA TO QUESTIONS RAISED ON ITS IMPLEMENTATION OF ANTI-TORTURE CONVENTION
19951124 GENEVA, 21 November (UN Information Service) -- The Committee against Torture continued its examination of the report of Colombia this afternoon. Its delegation provided additional information in response to questions raised by Committee members this morning. As Colombia is a State party, the report provides information on how it is carrying out the provisions of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment.Carlos Vicente de Roux (Colombia), Presidential Adviser for Human Rights, declared that, contrary to the Committee's view, his Government felt that the situation in the country since 1988 had not worsened. He stressed that terrorist acts of the Escobar and Gacha groupings had been put to an end, leading to an important decrease in the number of people killed and a stabilization of human rights violations, even if the level of violence remained high.
Figures of one person disappearing every two days, and 10 political killings a day put forward by only one non-governmental organization, the Peace and Justice Service in Latin America, were overestimations, he said. The Government appreciated the work in good faith of non-governmental organizations, but considered the figures on political violence incorrect, in particular figures on violence undertaken by State officials.
But he said he recognized that the State still bore responsibility for violations of human rights and the prevailing violence. He acknowledged that Governmental efforts were insufficient, and that more resources should be devoted to fighting violence. Colombia had, nevertheless, made important efforts to build institutions for defending human rights and to implement a judiciary system guaranteeing the judicial protection of citizens against abuses of power.
He referred to the Government's adoption of measures guaranteeing the prosecution of officials guilty of human rights violations, citing the high number of prosecutions against army and police officers, including a retired General, and more recently a General still on duty. Those prosecutions and condemnations testified to the independence of the judiciary from the political authorities. No pressure had ever been exerted by political authorities on the public defender or the State prosecutor.
- 2 - Press Release HR/4237 24 November 1995
Concerning civil defence groups which had received encouragement from the authorities at one time, the Government had come to the conclusion that "the cure was worse than the illness", and had outlawed those groups. Nevertheless, the State authorized the existence of "security cooperatives", essentially to guarantee liaison and a source of information for the armed forces. Those cooperatives had been authorized following pressure from small and medium producers, who the State was unable to fully protect against guerilla actions. At the same time, it recognized that illegal groups were still operating, particularly against the guerillas.
Concerning the "justice with a hidden face", aimed at protecting judges, the system had been revised, this practice being applied only exceptionally on a case-by-case basis, he continued. Concerning declaration of states of emergency and other measures in response to "a situation of internal trouble", Mr. de Roux indicated that this measure had recently been applied, following the assassination of a political leader. The Constitutional Court had to determine if the necessary conditions existed, and decide on the measure's constitutionality. This emergency state could not be extended indefinitely, and could be declared only for short periods.
Regarding the definition of torture, he said it was an offence specific to the terms of Colombian legislation. When it is judged in conjunction with another offence, the offence for which the applicable sentence is the most severe is the one judged. It was recognized that the Military Penal Code provided for sentences of between one and three years, versus 25 years in the Civil Penal Code. Yet, the reform of the Military Penal Code could establish similar sentences.
He jumbled details on the case of a ten-year-old girl killed on police premises: this crime was followed by a study, which led to the adoption of a law on the training of police forces in human rights even though the expected results have yet to be fully achieved. The study indicated that a policeman was arrested on 12 October following a thorough investigation. Regarding French television's report on organ-trafficking, he said the French health services' observation that the child, whose case was raised in the report, had lost his eyes following an infectious illness.
Colombia is deeply attached to the protection of persons seeking political asylum. It had not been notified of the prosecution for torture carried out against General Prosper Avril, the President of Haiti between 1988 and 1990. He assured the Committee that the Government would be notified of its concerns.
* *** *