HUMAN RIGHTS COMMITTEE BEGINS CONSIDERATION OF COLOMBIA'S FOURTH PERIODIC REPORT

31 March 1997

Press Release
HR/CT/484*

HUMAN RIGHTS COMMITTEE BEGINS CONSIDERATION OF COLOMBIA'S FOURTH PERIODIC REPORT

19970331 Presidential Adviser on Human Rights Introduces Report; Stresses Commitment to Humanitarian Guidelines despite Guerrilla Conflict

The Government of Colombia considered itself bound by the provisions obligated by the Protocols to the 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War, the Committee on Human Rights was told this morning, as it began examination of the country's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights.

While that would not change the conduct of the country's public forces -- police and military -- it sent a very strong message with respect to the Government's commitments to those humanitarian guidelines, Carlos Vicenti de Roux, a Presidential Adviser on Human Rights, told the Committee. He said the Government had sought to reach agreement with guerrilla forces on measures aimed at humanizing the conflict between the two sides. That effort had been very difficult, however, since human rights violations were central to guerrilla activities. Colombian guerrillas, for example, took more hostages than any other guerrillas in the world.

He also said a large proportion of the acts of violence that took place in Colombia were by persons not associated with criminal organizations. There was violence in the family, in the streets and in neighbourhoods. Efforts were under way to promote a culture for the peaceful negotiation of disputes, he said.

Also responding to written questions by the Committee experts, Karen Kufheldt, Adviser in the Office of the Minister of the Interior, said an official of Colombia's human rights office had been delegated to address violations of the rights of journalists. Also, a unit had been created to specifically promote protection for human rights leaders, trade unionists, political workers, ethnic group leaders and witnesses of human rights violations. In addition, a commission had been proposed to protect the human rights of trade union leaders and workers in particular.

__________ * The 1567th Meeting of the Human Rights Committee was closed.

Human Rights Committee - 1a - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

Carlos Malagon, Deputy Minister of Justice, said that there was no statute of limitations on complaints about disappearances. To provide stability in the implementation of the law, he said that a national commission had been set up to investigate cases of disappearance, with provisions made to protect the complainants and witnesses.

Felipe Piquero Villegas, Minister Counsellor of Colombia, also responded to some of the written questions.

The Committee on Human Rights will meet again at 3 p.m. today to continue its examination of the fourth periodic report of Colombia.

Committee Work Programme

The Committee on Human Rights met this morning to examine the fourth periodic report of Colombia (document CCPR/C/103/Add.3) on its compliance with the International Covenant on Civil and Political Rights.

According to the report, the Covenant was signed by the Government of Colombia on 21 December 1966 and incorporated into national legislation two years later. Colombia's 1991 Constitution recognizes the right of peoples to self-determination, as well as the ethnic and cultural diversity and languages of the country's indigenous populations.

The report lists the most significant recent enactments intended to safeguard the civil and political rights of Colombians. They include the organization and functioning of the office of the Ombudsman, a national statute against abduction, restructuring of the national police force and efficiency of the justice system.

Constitutional provisions in force go much further and offer more safeguards for the protection of human rights during states of emergency than the minimum requirements of international human rights, the report states. It observes that internal armed conflict, drug trafficking, excesses committed in connection with subversive and counter-subversive activities, private justice, common crime and impunity, as well as poverty, are some of the country's compelling problems, which are all linked to violence.

According to the report, significant progress has recently been made by the Government in strengthening institutional and legislative mechanisms to achieve harmony and social justice. To deal with the problem of violent deaths, the Government is strengthening the system of justice through technical and human resources support and promotion of access to judicial and legal services and the administration of justice. Special attention is to be paid to promoting harmonious relations in regions and communities hardest hit by violence.

In addition, the report states, the Ministry of Defence is studying recommendations of a commission on the reform of the military criminal code for submission to Colombia's Congress. The country's Senate is also considering proposals by intergovernmental human rights organizations on compensation for loss or injury.

The autonomy and independence of the judiciary is guaranteed, and there are rules governing its administration, management and monitoring, according to the report, which also states that procedures for the selection, appointment and promotion of judges are administered independently by the Supreme Council of the Judiciary.

The report states that the social status of women has undergone

Human Rights Committee - 3 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

significant changes, as reflected in their opportunities for employment, improved access to education, control of fertility and equality before the law. The 1991 Constitution prohibits discrimination on grounds of sex and promotes affirmative action to allow for greater participation by women in public affairs.

The protection of children is one of the basic aims of the Constitution and informs many of its provisions, according to the report. Colombia has a total child population of 14 million as of 1996, 41 per cent of whom live in poverty and 15.6 per cent in extreme poverty. Special programmes focusing on children and the family are being implemented. A Minor's Code prohibits work by children under the age of fourteen.

Colombia has a public defender service, headed and organized by the Ombudsman, and a court-appointed defence where there is none, the report states. Also, important changes have been made in the Constitution to safeguard the rights of the indigenous peoples and Afro-Colombian and aboriginal communities. The changes include recognition and promotion of the legal, social and political equality of all cultures present in the country.

List of Issues

Issues to be taken up in connection with the consideration of Colombia's fourth periodic report are contained in a two-part list.

The first part includes questions related to: proclamation of states of emergency; political and criminal violence; right to life; torture; conditions of detention; competence of military courts; right to compensation; mechanisms for human rights protection and effective remedies for violations; emergency legislation; the authority of military and security forces in special public order zones; and the reasons why the 1995 state of emergency was declared unconstitutional by the Colombian Constitutional Court.

In light of the country's prevailing political and criminal violence, the Committee also requests information on concrete measures taken by the authorities to combat and prevent abuses against civilians. It also seeks information on judicial administrative investigations of human rights abuses in the past three years and the measures taken to punish perpetrators. In addition, the Committee will question Colombia's delegation on measures taken to protect the population from the high incidence of violent deaths, particularly individuals belonging to target groups, such as journalists, human rights workers, trade union leaders, street children and prostitutes.

Other questions cover rules and regulations governing the use of weapons by the police, army and other security forces and complaints, if any, against them for torture, extrajudicial executions, disappearances and arbitrary arrest and detention. The Committee also requests information on the restructuring of the national police force, procedures available for receiving

Human Rights Committee - 4 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

and investigating complaints of abuses against detainees and on arrangements for prison supervision by an independent body or institution.

Questions covered in part two of the list of issues include: equality of the sexes; concrete measures taken to enhance and reinforce the status of women in practice; the judicial system and independence and impartiality of judges; legal aid; protection of and employment of minors; and measures to protect children from abuses by family, guerrilla and paramilitary groups, as well as by drug traffickers. The Colombian Government is also asked to provide information on the implementation of Covenant provisions on non-discrimination against indigenous and black minorities.

Introduction of Colombia Report

CARLOS VICENTI DE ROUX, Presidential Adviser on Human Rights, introducing the report, said that the situation in Colombia, as regards violence and human rights, remained extremely complicated. The number of homicides was extremely high, although there was some evidence of a decrease. There had been a break in the rising trend in homicides and violence of all types. Approximately 8 to 10 per cent of the violence was political. It had been calculated that some 40,000 persons were involved in conflict against the State and more than $12 billion had been lost as a result of those conflicts.

He said that, in general, the guerrillas treated the poor well, but where they did not receive cooperation from peasants they could be extremely cruel. The guerrillas were also using extortion to finance their war machine. Their political purpose was to take power to build their own model of government. There was also a criminal aspect to their activity.

The security forces and paramilitary activity were yet other aspects to the violence, he said. According to figures compiled by non-governmental organizations critical of the Government, the security forces were responsible for about 54 per cent of the offences against humanitarian law, but the number had been falling. Complaints against security forces had risen for torture cases.

Drug trafficking was a major cause of human rights violations, he continued. The Government had condemned strongly and clearly the activities of paramilitary groups and had banned any links to them. Official human rights organizations were focusing activity against paramilitary groups and had succeeded in securing the disbandment of some of them. Other types of clandestine groups also existed, particularly in areas of conflict.

Institutional work for the promotion of human rights continued during the period under consideration, he said. Academic freedom and a free press existed. The Government was trying to improve institutional norms to consolidate democracy. In fact, the situation in the country would have been more serious if democratic institutions were not already in place. The

Human Rights Committee - 5 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

Government had managed to consolidate democracy, although problems persisted. The Government had worked with the Red Cross and had established a Human Rights Commission for indigenous people.

A number of laws had been promulgated in support of human rights, he said. International legal instruments had been given the same weight as domestic law. A law had also been passed for payments of compensation. In recent weeks, interesting steps towards peace had been taken. The new Defence Minister had appealed to all armed groups to work for peace, a move that had been welcomed by human rights groups and by different political forces. It was hoped that the road to peace had been charted, he said.

Turning to the list of issues submitted by the Committee, FELIPE PIQUERO VILLEGAS, Minister Counsellor of Colombia, said no additional measures had been adopted to strengthen the current state of emergency in Colombia. A restriction on freedom of movement had been permitted at certain times of the day, and a census of automobiles was also authorized in order to monitor traffic and to prevent illegal acts. When there was a state of emergency, the civilian judicial authorities had full authority with respect to the treatment of civilians.

Mr. DE ROUX, Presidential Adviser on Human Rights, said there were a number of investigations under way regarding conduct by members of the public forces -- military forces, in particular -- with respect to such matters as extrajudicial executions, torture and illegal detention. In those military cases which had been tried, there was a high percentage of not guilty verdicts. Between 1995 and 1996, over 4,000 members of the police forces had been removed. Though a small percentage of those removals were attributed to human rights violations, the overwhelming majority related to such matters as corruption and drug trafficking.

In addition to an internal system of sanctions by the public forces, there was a political approach by the Government, which sent a very clear message that human rights violations were not acceptable, he said. A case of forced disappearances during the early 1990s was brought to the Inter-American Commission on Human Rights, which had produced a verdict on the responsibility of certain police and military officials. It had proposed significant compensation measures. In 1995, for the first time, the President of Colombia recognized the responsibility of the State with respect to those atrocities, he went on to say. The officials involved were removed from their posts. However, the matter was not recognized as criminal under the domestic legal system. Nevertheless, there was a search for "friendly arrangements" to settle cases of atrocities, often through the involvement of the Inter-American Commission.

The Government of Colombia considered itself bound by the provisions obligated by the Protocols to the Geneva Conventions, he said. While that would not change the conduct of the public forces, it sent a very strong

Human Rights Committee - 6 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

message with respect to the Government's commitments to those humanitarian guidelines. The Government has sought to reach agreement with guerrilla forces on measures aimed at humanizing the conflict. That effort had been very difficult, however, since human rights violations were central to the guerrillas' activities. For example, it was very difficult for them not to take hostages. Colombian guerrillas took more hostages than any other guerrillas in the world. A large proportion of the acts of violence that took place in Colombia were by persons not related to criminal organizations, he said. There was violence in the family, violence in the streets, homicides, and fights in neighbourhood stores. At least 70 per cent of the violence in Colombia was of that type. The problem was one of re-educating the public.

Such violence was also associated with the use of alcohol and with weapons held by the civilian population, he said. Measures were being taken to limit the availability of alcohol, to control weapons possession and to prohibit people from riding on the backs of motorcycles, since many homicides took place from motorcycles. The State's weapons-control efforts had not been successful, since its collection effort was outweighed by the granting of licenses for weapons, in response to overwhelming demand.

Efforts were also under way to promote a culture for the peaceful negotiation of disputes, he said. There were various educational campaigns at the regional and local levels, and there was an increase in penalties for attacks against the integrity of the person. Penalties for homicide had been increased significantly.

KAREN KUFHELDT, Adviser in the office of the Minister of the Interior of Colombia, said an official of Colombia's human rights office had been delegated to address violations of the rights of journalists. A unit had been created for human rights specifically in charge of promoting the programme for protecting such individuals as human rights leaders, trade unionists, political workers, ethnic group leaders and witnesses of human rights violations. It had also been proposed to establish a commission to protect the human rights of trade union leaders and workers in particular.

She said a system to protect persons at risk was also being put into motion. Agreements were planned with the Colombian Red Cross for immediate assistance and humanitarian aid to persons in groups at risk. Since 1992, there had been a programme for the protection of teachers whose human rights were at risk. It included their relocation, as well as economic assistance while their situation was being decided upon. Specific measures were being taken to educate members of the security forces, and the police in particular, to recognize the rights of street children.

An act on domestic violence protected women, as well as any member of the family unit, including children and permanent companions, she said. It provided for rapid judicial proceedings in cases of family conflict, and

Human Rights Committee - 7 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

allowed judges to order such measures as protection, family therapy and payment of compensation. An individual could also be compelled to leave the household, she added. Further, a draft police code, including guidelines on the use of force, was under consideration by the Colombian Congress. The code contained binding principles to guide the national police.

Mr. DE ROUX, Presidential Adviser on Human Rights, said that the military was encouraged to use peaceful means as far as possible in resolving crisis situations. Regulations provided that the security forces must use minimum force where necessary to carry out their duties, and the rules on the use of force complied with international legal instruments. It was difficult to determine the specific impact such regulations had, although it was his considered view that the regulations were followed. Hence, the complaints against the security forces had been reduced.

Responding to issues raised about extrajudicial executions and disappearances, he said that they were regrettable acts. Internal disciplinary actions were taken to deal with those involved in such cases, and the justice system also punished offenders. There was currently no legal instrument in force to deal with forced disappearances.

CARLOS MALAGON, Deputy Minister of Justice, said that there was no statute of limitations on complaints about disappearances. To provide stability in the implementation of the law, a national commission had been set up to investigate such cases, with provisions made to protect complainants and witnesses. There was a follow-up commission, including non-governmental organizations and the public defender, to evaluate the investigations and made recommendations.

He said that, in 1995, the Ministry of Defence was committed to pay $30 million in compensation. About $10 million of that was for human rights violations. A number of officials named in the complaints were disciplined. The State sought to ensure that severe acts of violence could not be carried out with impunity. The Government offered rewards for information leading to the apprehension of those involved in serious human rights violations. The fact that the Attorney-General had the authority to initiate proceedings and collect evidence against military personnel involved in human rights violations demonstrated the Government's commitment to the protection of human rights.

He went on to review cases handed down by the higher adjudication council with respect to police forces. Out of 17 cases brought over the past three years, there were 10 that were still under way. Convictions had been handed down in three of them. They concerned homicide, bribery and deprivation of liberty. With respect to the Navy, there was a case relating to an intelligence network on which no decision had as yet been taken. There was only one case involving the airport, concerning an official accused of involvement with drug traffickers. He would provide the figures concerning

Human Rights Committee - 8 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

the Army at this afternoon's meeting.

Ms. KUFHELDT, Adviser in the Office of the Minister of the Interior, responded to a question submitted on the reform of the national police under law no. 62 of 1993. The law addressed career, disciplinary and evaluation norms. Specialized institutions had been established that also addressed relations between the police and the citizenry. An attempt had been made to make a greater differentiation between the police and military forces. A high school degree was now required to enter the police forces. Those who were already in the force had to update their education to meet that requirement.

She said the Government had given authority to the Minister of Defence and the general command of the police regarding the disciplinary process for individuals who were inefficient or had not met the ethical requirements for the national police. Efforts were under way to improve the image of the national police and to strengthen confidence in them. Through what had been called a "plan of transparency", 3,622 police personnel had been removed from their duties.

Strategies had ben designed to promote a closer link with the community, she said. Those strategies focused on promotion and protection of human rights and on citizen participation in the functioning of the national police. Although the police remained under the Ministry of Defence, the new measures aimed at enhancing its strictly civil nature. However, because of the situation of violence in the country, it had not yet been considered to take the national police away from the framework of the Ministry of Defence.

Mr. MALAGON, Deputy Minister of Justice, said the National Prison Institute had a plan which involved a redirection of resources towards the building of new prisons and the rehabilitation of existing prisons. The delay in improving the prison infrastructure had caused great difficulties among the prison population, in the form of overcrowding. There was a deficit of over 9,000 places. A number of buildings were being constructed that would produce more than 13,800 places. As for members of indigenous communities, the law provided for the possibility of the sentence to be carried out in annex housing.

Representatives of the International Committee of the Red Cross (ICRC) were allowed access to detention centres, to meet with prisoners and hear any complaints, he said. The ICRC had heard complaints and conveyed them to the appropriate ministry. Measures were then taken through the relevant legal framework. The need to promote legislative reform to improve prison conditions had been recognized. Also addressed was the possibility of conditional release for certain detainees, to enable them to provide for their families through productive work. A related matter was the revitalization of human rights committees within prisons, which would provide another means of addressing complaints.

Human Rights Committee - 9 - Press Release HR/CT/484 1568th Meeting (AM) 31 March 1997

Mr. DE ROUX, Presidential Adviser on Human Rights, said that, under laws which dated back to the last century, crimes committed by the public service fell under military jurisdiction. However, under the new Constitution, the functions of the public ministry were no longer carried out by the military auditors, but by agents designated by the Procurator General. The long- standing military code did not provide for participation by the civilian sector. However, the Constitutional Court had decided that victims of crimes being tried under military jurisdiction should be allowed to participate in such proceedings.

Last year, in a military case that was heard before the Supreme Court, the action of the military court was overturned on the grounds that the case should have been brought before a civil court, he said. The members of the Supreme Court, the country's highest judicial body, were all civilians. Under new measures, it would be impossible to be exonerated of responsibility for human rights violations under international treaties to which Colombia was a party. As to the right to compensation and other remedies in the military courts, he said that, if it were made possible for civilians to participate in the proceedings, they would have the full rights of any civilians, including the right to compensation.

Mr. MALAGON, Deputy Minister of Justice, said there had been an effort by his Government to strengthen its judicial branch. The amount of the national budget directed to the justice sector had increased from 2.9 per cent in 1990 to 4.2 per cent in 1996. However, the budgetary strengthening of the judicial branch had not been accompanied by improvement in the provision of services. Efforts were under way to improve certain management indicators, to strengthen the efficiency of some judicial offices.

He said regional courts had been established as a result of corruption in the judicial branch and the threats to which it was subjected. There had been a need for anonymity. They were created during a period when there was widespread violence against judges and magistrates aimed at getting favourable decisions. While there were restrictions on regional courts, there were also controls to protect the human rights of those concerned.

* *** *