COMMITTEE AGAINST TORTURE CONCLUDES REVIEW OF COLOMBIA'S REPORT
Press Release
HR/4245
COMMITTEE AGAINST TORTURE CONCLUDES REVIEW OF COLOMBIA'S REPORT
19951124 GENEVA, 23 November (UN Information Service) -- The Committee against Torture concluded its examination of the report of Colombia this morning, making observations and recommendations on the implementation of the Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment in that country.The Committee noted that new Colombian legislation included many satisfactory norms regarding human rights, and protection mechanisms. It noted in particular the prohibition of torture, the regulation of habeas corpus, the functions of the general State prosecutor and public defender, and the primacy of international treaties on human rights in the development of internal legislation. It took note of a proposed increase in sanctions against torture in the new Penal Code, as well as the creation of a general legislative institution on human rights.
The Committee recognized that a "climate of widespread violence" provoked by insurgents, drug-traffickers and armed civilian groups had impeded the full implementation of the Convention, as did widespread impunity of those responsible for torture, as well as problems with the judiciary system. The Committee was deeply concerned by the high number of violent deaths and torture committed by members of the armed forces and police.
The Committee expressed its regret that Colombia had not adapted its internal legislation to the requirements of the Convention, as the Committee had suggested during the presentation of that country's initial report. It requested the State party to take action, in particular in the area of prohibiting the extradition of persons to countries where they might be tortured, as well as facilitating the extradition of persons suspected of torture and refusing to allow evidence obtained under torture.
The Committee stated that it was unacceptable that the offence of torture was rarely punished in accordance with the Military Justice Code, that the military jurisdiction dealt with common law crimes, and that military justice seriously limited the efficiency of human rights protection.
The Committee also noted that the Government had consistently made use of emergency powers which ought to be the exception rather than the rule. It was also preoccupied with the role of regional justice, in particular on the issue of maintaining the anonymity of witnesses, judges and prosecutors.
- 2 - Press Release HR/4245 24 November 1995
The Committee recommended that the State party immediately eliminate the practice of torture, carry out impartial investigations in cases of torture, and guarantee the protection of parties and witnesses when they request it. It urged that impunity be ended, and legislative and administrative modifications adopted, so that the military courts could only judge matters concerning the military regulations.
The Committee also requested that Colombia pledge to set up training programmes on human rights for the military, police and civil service personnel in prisons. Colombia was further invited to set up efficient systems for rehabilitating victims. The Committee expressed the wish that Colombia make a declaration recognizing the Committee's competence in examining individual complaints (in accordance with article 22 of the Convention).
Guillermo Alberto Gonzales (Colombia) stressed the importance given by his country to human rights issues, and to the work of human rights treaty bodies, pledging that their recommendations would be taken into account and respected. He said Colombia gave particular attention to the training of staff in penitentiary institutions.
The Committee against Torture will close its fifteenth session, which started 13 November, tomorrow morning.
* *** *