COLOMBIA'S HUMAN RIGHTS SITUATION MARKED BY ABUSE, HUMAN RIGHTS COMMITTEE TOLD

31 March 1997

Press Release
HR/CT/485

COLOMBIA'S HUMAN RIGHTS SITUATION MARKED BY ABUSE, HUMAN RIGHTS COMMITTEE TOLD

19970331 Ecuador's Expert Cites Actions by Government Security Forces, Paramilitary Groups; Says No Guarantee of Right to Life in Colombia

The human rights situation in Colombia was marked by abuses from the Government's security forces, the corrupting power of drug trafficking, frequent violations by guerrillas groups, and serious criminal acts carried out by paramilitary forces, the Human Rights Committee's expert member from Ecuador said this afternoon. He was commenting on Colombia's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights.

According to the Andean Commission of Jurists, paramilitary forces in Colombia acted with the acquiescence of State security forces in carrying out summary executions, disappearances, torture and other human rights violations, he added. For all practical purposes, there was no guarantee of the right to life in Colombia. What was the Government actually going to do to address one of the most serious problems in Latin America today? he asked.

Concern was also expressed about the military justice system in Colombia. The expert from the United States, for example, said many instances of killings, disappearances and torture were investigated very effectively. Yet, just when those efforts seemed to be leading to results, the cases were transferred to military tribunals, where very little happened. It seemed to be an institutionalized system to protect impunity, he said.

Addressing the conduct of states of emergency, the expert from Australia said Colombia's Constitutional Court had found one such state to have been inconsistent with the Constitution, and that the powers of arrest without warrant had been unconstitutional. What was disturbing was that the Government's response had been to aim at limiting the power of the Court to address such questions.

Many experts expressed the view that Colombia's report failed to adequately reflect the situation in the country or to address the concerns raised by the Committee in response to the country's prior report. The expert from Australia said that, while the current report referred to the Committee's previous recommendations on such issues as "faceless justice" and the operation of military tribunals, it had failed to follow up on them.

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Comments and questions were also presented by the experts from Egypt, Chile, Germany, India, United Kingdom, Mauritius and Canada. At the outset of the meeting, representatives from Colombia completed their replies to questions that had been submitted in writing by the Committee.

The Human Rights Committee will meet again at 10 a.m. Tuesday , 1 April, to continue its consideration of Colombia's report.

Committee Work Programme

The Committee on Human Rights met this afternoon to continue examination of the fourth periodic report of Colombia (document CCPR/C/103/Add.3) on its compliance with the International Covenant on Civil and Political Rights. (See Press Release HR/CT/484 issued today, for details of Colombia's report.)

Response of Colombia

Resuming Colombia's response to written questions from the Committee, CARLOS VICENTI DE ROUX, Presidential Adviser on Human Rights, said that where there was no agreement on compensation in a human rights abuse case, the case was liquidated.

FELIPE PIQUERO VILLEGAS, Minister Counsellor of Colombia, said seven out of 18 cases on compensation had been decided upon favourably and payments of compensation were made in accordance with existing law. The largest number of complaints were made against the armed forces. Responding to questions about organizations and agencies concerned about human rights issues, he said that Colombia had an Office of Public Defender, headed by a private person, who made recommendations to the Government on violations or threats to human rights. His functions were independent, and he could exercise habeas corpus on behalf of individuals. The Office of Public Defender had dealt with more than 42,000 cases, of which more than 25,000 concerned violations of human rights. The Office dealt with all kinds of human rights violations, including abuse of authority by security forces and government officials.

A Commission on Human Rights was established in 1994 on an experimental basis following negotiations between the Government and a guerrilla group that had demobilized its forces. The Commission included the Presidential Adviser on Human Rights, the Public Prosecutor, the Attorney-General, the Ombudsman and non-governmental organizations. Its task was to process and analyse issues and to recommend programmes and actions. It had worked for more than a year and developed a number of recommendations, but it ceased functioning following the withdrawal of its non-governmental organization representatives, who were protesting emergency measures taken by the Government at the end of 1995.

He said the prosecutor's department had also established the National Human Rights Procurators Unit, whose purpose was to speed up investigations into serious human rights violations, such as torture and extrajudicial executions. The human rights unit had branches throughout the country and operated on 24-hour basis to hear complaints and investigate rights violations. A bill had been introduced in the Colombian Congress to ensure that there were no undue delays in the adjudication of human rights cases in the Supreme Court.

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Comments and Questions

JULIO PRADO VALLEJO, expert from Ecuador, said he looked forward to the opportunity to consider one of the most serious problems taking place in Latin America today. In a situation that was of such a threat to peace in Colombia, why was it that international mediation had not been sought? Why was it that internal mechanisms had been unable to achieve peace through negotiations involving other Latin American countries? The situation in Colombia was very grave and affected the entire region, particularly those countries which shared its borders. All were familiar with the situation in Colombia, which involved torture, disappearances, summary executions and open violations of human rights, he said. Particularly striking were the abuses perpetrated by the security forces, the corrupting power of drug trafficking, and the frequent violation of international human rights by the guerrillas. Perhaps most serious were the criminal actions perpetrated by paramilitary forces.

While abuses in the past focused on the security forces, they now centred on the paramilitary forces, he said. It had been reported that while 10 per cent of the violations were perpetrated by the military, 60 per cent were by the paramilitary and 27 per cent by the guerrillas. Many of those murdered by the paramilitary forces were found to have been the victims of severe torture. However, there had been no punishment of individuals found guilty.

He said special public order security areas had been created within Colombia, where security forces were authorized to detain people and to go into their homes without any judicial warrants. As a result, the military forces could carry out their struggle against the insurgency without any legal constraints. The absence of such limitations on the military forces was the key problem Colombia was facing in that sphere.

For all practical purposes, there was no guarantee of the right to life in Colombia, he said. There were some 1,100 kidnappings annually and they involved the participation not only of the paramilitary forces, but of the State's own security forces, as well. The Andean Commission of Jurists had stated that the paramilitary forces acted with the acquiescence of State security forces in carrying out summary executions, disappearances, torture and other human rights violations.

Since it was the State of Colombia that had signed the Covenant, what did it plan to do to overcome the current situation? he asked. The President had put forward a minimum agenda to address the problem. However, it was one thing to "humanize" war and quite another to prevent armed forces from being involved with the paramilitary and fostering its aggressive acts of violence. In view of the close relationship between the paramilitary and the Government's own security forces, what was the Government going to do?

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ELIZABETH EVATT, expert from Australia, said the report of Colombia was disappointing. Although it was heavy with references to the laws, it provided too little information on the actual problems being faced in Colombia. It was also disappointing as a fourth report, conveying no sense of change, development or continuity. It referred to the Committee's previous recommendations, but did not follow up on them, particularly with respect to such issues as "faceless justice" and the operation of military tribunals.

The Committee sought to ensure that Colombia complied with the provisions governing states of emergency, she said. The Constitutional Court found one declaration of emergency to have been inconsistent with the Constitution, and that the powers of arrest without warrant had been unconstitutional. What was disturbing was that the Government's response aimed at limiting the role of the Constitutional Court with respect to such questions. What was being done to ensure that states of emergency complied with Covenant standards?

The report made no mention of the threats to and deaths of trade union members, said to originate from the paramilitary with support from the security forces, she said. Also, the report did not address the Committee's concerns with respect to impunity. Although all allegations of human rights violations should be brought within the competence of the ordinary courts, military jurisdiction had expanded to some extent, so as to include rape and charges of collaboration with paramilitaries. That was very damaging with respect to accountability. She also cited a particular case on which the Committee had expressed its concern, but which was not addressed in Colombia's report.

OMRAN EL-SHAFEI, expert from Egypt, said Colombia's reports did not give adequate information on the results of actions taken to ensure compliance with Covenant provisions. A great deal of information had been provided from non- governmental organizations, both within and outside Colombia, on the situation in the country. The United States State Department annual report on Colombia had also been quite helpful.

He said Colombia's report cited the Government's policy to establish peace and social harmony and its willingness to conduct negotiations with armed insurgent groups in the absence of prior conditions. It also stated that Colombia's human rights commission was in recess owing to the withdrawal by non-governmental organizations -- an action taken in protest of government emergency measures. He requested further information on that matter.

While the report indicated that exceptions to the Covenant could be taken in conditions of foreign war, internal disturbance and states of emergency, it did not indicate the rights for which derogation was permitted. He requested further clarification. Information was also needed on proposed amendments that would strip the Constitutional Court of its powers to review

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certain governmental decisions. Was that proposal still active? He also requested information on a proposal regarding the issuance of arrest warrants.

What measures had the Government taken to ensure that armed forces within the regional system were not carrying out arrests in violation of the Colombian Constitution and of the Covenant? he asked. It had become a matter of practice for the military to detain individuals within military installations while awaiting transfer to civilian facilities. There were many reports of intimidation and torture in the military facilities. Could the Government confirm those reports?

THOMAS BUERGENTHAL, expert from the United States, said he agreed with the criticisms of Colombia's report, as expressed by his colleagues on the Committee. It was striking that there were a large number of killings, disappearances and torture that were being investigated very effectively, but just when they seemed to be leading to some result the cases were transferred to military tribunals. It seemed as if some sort of game was being played, since very little happened once a case reached the military tribunals. It seemed to be an institutionalized system to protect impunity. Why had the legislature now made it even easier to refer even more cases to the military tribunals?

He asked for additional information on the constitution of the military tribunals. The delegations had apparently stated that active military officers were now permitted to sit on such tribunals, and could even be in the direct line of command of those being tried. How could such a practice be compatible with Colombia's Covenant obligations, when the judges themselves might be found responsible, by implication, if the officers were convicted?

Although it had been stated that there was now a possibility of appeal to the Supreme Court, it seemed to be a very limited improvement, he said. How did a civilian who was detained by the military get to a civilian court to challenge that detention? How did that work in practice? How many people actually did that and were successful in doing so?

He drew attention to efforts being made to limit the powers of the Constitutional Court, including its powers to rule on the constitutionality of a state of siege. How did such a measure ensure the protection of human rights in Colombia? It had been stated that disciplinary measures could be taken against a "faceless judge" who should have removed himself from a case, but did not. How serious a protection was that when the attorneys did not know the identity of the judge?

That entire method of proceeding was very problematic and should be very limited, he said. Although the problems that had given rise to it were understood, serious thought should be given to protecting the human rights of those concerned. Why were such infamous leaders of paramilitary units as

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Carlos Castano still free, even though his encampment was apparently right next to a military encampment? While praising Colombia's system of compensation, he asked for additional information as to whether compensation rulings could be overruled.

CECILIA MEDINA QUIROGA, expert from Chile, congratulated the Government on a number of positive steps, such as the compensation law. She, however, expressed disappointment with the Colombian report. The Government had permitted some military personnel guilty of human rights violations to escape, and she was disappointed with the introduction of a new military code, noting that there was no need for separate military justice. Noting the multiplicity of governmental bodies dealing with human rights issues, she asked how their work was coordinated and how the public lodged complaints about rights violations.

ECKART KLEIN, expert from Germany, said there were indications that human rights problems were on the increase, although some positive gains had been made. He feared the state of law could be dealt a serious blow in the future. The Colombian report was unbalanced in many respects. Non- governmental organizations were reporting that Colombia continued to maintain the worst human rights record in the western hemisphere. There were certain institutional developments that could lead to a further erosion of human rights. Violence had contaminated all parts of society, including the State.

He drew attention to the fact that states of emergency were always, by nature, very unfavourable for the enjoyment of human rights, notwithstanding provisions in the Constitution about protection of rights. He called for an explanation about the restriction of the right of assembly during states of emergency. He said the structure of the military itself, even if its members were very well-trained, made it unsuitable for the administration of justice. He had the impression that the greater the number of institutions working for human rights, the less those rights were protected. Colombia could be congratulated for accepting obligations under the Covenant, but it did not seem to be complying with it. Open criticism of the situation was what was most needed.

PRAFULLACHANDRA BHAGWATI, expert from India, also expressed disappointment with the report, noting that it did not seem to reflect the true state of affairs in the country. The Committee had received a large amount of credible information from non-governmental organizations, indicating that all was not well in Colombia. There were reports of arbitrary arrests, extrajudicial executions, and an inadequate judiciary system, as well as reports on the activities of paramilitary groups.

He was disturbed by attempts to limit the powers of the Constitutional Court and vesting powers in the President to declare a state of exception. That power should be limited, he said. The existence of military courts violated provisions of the Covenant. He questioned the system of anonymous

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judges presiding over courts, and welcomed the statement that it would be reviewed in 1999. He would like to know whether convicted prisoners could work for private enterprises and the terms for such activity. He also asked about the requirements for the establishment of trade unions.

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, said that, admirable though the system of compensation was, he wondered why it took such a long time for payments to be made. On another matter, he said that crimes could only be reduced if the potential criminal expected to be caught, tried and dealt with expeditiously. Speed was very important in the administration of justice. Was it true that two months elapsed before cases were brought to trial? Did that apply, as well, in military courts? He also sought information on the backlog of cases still outstanding.

He suggested that Colombia could learn from the United Kingdom's experience in the operation of the court martial system. He commended the new system established by the Government to protect judges. He would like to see some of the most positive aspects of the Government's proposals on strengthening human rights put into effect immediately.

RAJSOOMER LALLAH, expert from Mauritius, said the report did not follow the guidelines established for the writing of such reports, and had not dealt with some of the issues raised by the Committee after the submission of the third periodic report. Information he had received showed little or no progress in the human rights situation. If anything, it was now worse. The military was slowly taking over civilian judiciary powers. Threats were being made against a number of institutions and decisions of the courts. He found it unacceptable that the Government should question the merits of cases dealt with under the Optional Protocol.

MAXWELL YALDEN, expert from Canada, said the multiplicity of institutions in the area of human rights were impressive, but he wondered how effective they were in promoting and protecting human rights. How were members of those organizations appointed and how were the institutions financed? he asked. There were no indications that those institutions met the criteria established by international human rights norms. He also asked what mechanisms existed for dealing with human rights problems.

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