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Colombia

Committee against Torture begins review of report of Colombia

Committee against Torture

The Committee against Torture this morning began its consideration of the second periodic report of Colombia on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Introducing the report, Angelino Garzón, Permanent Representative of Colombia to the United Nations Office at Geneva, said that Colombia had maintained and would continue to maintain a policy of open doors and transparency vis-à-vis the international community on human rights matters. A testament to that openness and transparency was the commitment that had been voluntarily undertaken by the country in the area of human rights, as well as the recommendations that had been accepted in the framework of the Universal Periodic Review at the end of last year, many of which were related to the prevention of and the fight against torture. In addition, during the course of 2009, at the invitation of the Government, a number of Special Rapporteurs had visited Colombia, including Special Rapporteurs on extrajudicial executions and on human rights defenders, and in December the Special Rapporteur on the independence of judges and lawyers would make a visit.

Continuing with the presentation, other members of the delegation noted that the Government fought torture through constitutional provisions, which provided that no one would be subject to forced disappearance, torture or cruel or inhuman treatment; through laws and norms, including articles of the Criminal Code which sanctioned and punished offenders; and, furthermore, the State had signed the Minnesota and the Istanbul Protocols. Colombia had also adopted a penitentiary policy geared to overcoming some of the problems that it faced, including overcrowding, rehabilitation and respect for human rights, and eleven new prisons had been set up. It was also noted that a special unit for victims had also been created within the Public Prosecutor's Office in 2008.

Fernando Mariño Menendez, the Committee Expert serving as Rapporteur for the report of Colombia. highlighted the many efforts of Colombia to try and prevent violations of human rights and domestic law. However, he was concerned by reports from other sources that indicated that torture occurred throughout the country, falling into well established patterns, for example being carried out for reasons of political persecution, discrimination and punishment. A further concern was the length of time that persons were able to be kept in police detention - 36 hours - without being brought before a judge or being charged, as well as pre-trial detentions that could last as long as one year.

Claudio Grossman, the Committee Chairperson serving as Co-Rapporteur for the report of Colombia, commended the Government for invitations to numerous Special Rapporteurs to visit the country, as well as the ratification of a number of international instruments, including the Rome Statute. With reference to the campaign to raise the awareness of the armed forces about human rights, he asked if there was training on the issue of sexual violence in that regard, in particular given allegations that members of the armed forces and the paramilitary had committed acts of violence against women.

Other Experts reverted to the issue of allegations of sexual violence and rape used as a tool of torture both by the Armed Forces and by paramilitary groups. It was also a matter of concern that that phenomenon was growing exponentially - with 21,000 cases in 2008, 16,000 of them involving children.

Also representing the delegation of Colombia were members of the Presidential Programme for Human Rights and International Humanitarian Law, the National Institute of Legal Medicine and Forensic Sciences, the Public Prosecutor's Office, the National Penitentiary and Prison Agency and the Permanent Mission of Colombia in Geneva.

The delegation will return to the Committee at 3 p.m. on Wednesday, 11 November, to provide its responses to the questions raised today.

Colombia is among the 146 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.

When the Committee reconvenes at 3 p.m. this afternoon, it will continue to hear the responses of Azerbaijan to questions put by Committee Experts on Monday, 9 November.

Report of Colombia

In the absence of a culture of respect for fundamental rights, violence had been increasing since the mid-1980s and, in 2002, led Colombia to a problematic situation as a result of human rights violations committed by organized paramilitary armed groups and various criminal organizations. In response to that situation, the fourth periodic report of Colombia (CAT/C/COL/4) says that the Government incorporated in the National Development Plan for 2002-2006 a strategy aimed at preventing, reversing and mitigating the effects of violence on civilians, particularly in connection with such practices as forced displacement, terrorism against the population, use of anti-personnel mines and selective persecution of leaders. Much of that strategy has focused on activities designed to disseminate and promote human rights and international humanitarian law and meet related international commitments. Progress has been achieved through individual and collective demobilization. The National Authorities offered all irregular armed groups the possibility of reintegration into civilian life, provided that they cease hostilities. Neither disarmament nor immediate surrender was necessary. The groups, however, were required to desist from homicides, kidnappings, massacres, extortions and all offences and crimes committed against the population. Peace negotiations with the illegal self-defence groups also continued, producing conditions which allowed the demobilization of the majority of those groups with a view to reducing violence in the country, particularly attacks and abusive acts against civilians. The peace process has led to the collective demobilization of 38 armed organizations and as a result 32,267 persons have ceased to participate in illegal activities.

With regard to sanctions for torture, the Solicitor General's Office, through its Human Rights Disciplinary Officer and the Group of Human Rights Advisers, conducted and processed, as part of disciplinary action in the period 2002-April 2006, the following investigations into torture: 41 in 2002 (22 of which have been closed); 85 in 2003 (47 have been closed); 59 in 2004 (6 have been closed); and 71 in 2005 (10 have been closed). In terms of responsibility, of the total of 256 investigations carried out in the period, the Army was held responsible in 47 per cent of the cases, the National Police in 41 per cent, the Administrative Department for Security in 4 per cent, the Prison Agency in 3 per cent and the Solicitor's Office in 1 per cent.

Presentation of Report

ANGELINO GARZÓN, Permanent Representative of Colombia to the United Nations Office at Geneva, introducing the report, said that Colombia had maintained and would continue to maintain a policy of open doors and transparency vis-à-vis the international community on human rights matters. A testament to that openness and transparency of the national Government was the commitment that had been voluntarily undertaken by the country in the area of human rights, as well as the recommendations that had been accepted in the framework of the Universal Periodic Review at the end of last year, many of which were related to the prevention of and the fight against torture.

During the course of 2009, at the invitation of the Government, a number of Special Rapporteurs had visited Colombia, including Special Rapporteurs on extrajudicial executions and on human rights defenders, and in December the Special Rapporteur on the independence of judges and lawyers would make a visit.

Given that torture or any other practice that infringed the dignity of human beings was banned by the Constitution and by the norms of domestic law, the Government policy was to fight any form of torture, ill-treatment or degrading treatment against any person as well as to support the administrative disciplinary bodies and the judicial branches in investigating and prosecuting any offenders in the area of human rights.

By the same token, the democratic and security policy that had been put in place to combat the criminal activities of illegal armed groups and drug traffickers was also geared to protecting human rights, and could be seen in the guarantee of human rights of all persons on the territory of Colombia, both nationals and non-nationals without discrimination. They had also been seen in a decrease in the number of violent deaths, terrorist attacks and kidnappings. Despite that, the Government and people of Colombia continued to be subject to the worst forms of torture that humanity had known in recent years, namely, kidnappings and the use of landmines by illegal armed groups.

In conclusion, Mr. Garzón said the Government of Colombia welcomed this meeting with the Committee, which it saw as a means to resolve difficulties and to bridge current gaps in measures and policies in place in the country.

TOMAS ERNESTO CONCHA SANZ, Policy Coordinator of the Presidential Programme for Human Rights and International Humanitarian Law, continuing with the presentation, said the Government fought torture through constitutional provisions, which provided that no one would be subject to forced disappearance, torture or cruel or inhuman treatment. Colombia also fought torture through laws and norms, including articles of the Criminal Code which sanctioned and punished offenders. Furthermore, the Code of Criminal Procedure contained a number of relevant provisions. In that regard, the Government went further than what was provided for in the Optional Protocol against Torture. The State also had signed the Minnesota and the Istanbul Protocols.

Colombia complied with and honoured its international commitments in this area, including within the framework of the Universal Periodic Review, by implementing the recommendations of the Office of the United Nations High Commissioner for Human Rights in Colombia, and, in the inter-American context, by compliance with the rulings of the Inter-American Court of Human Rights, Mr. Concha Sanz added.

Colombia was determined to make head way in fighting impunity. It had also adopted a penitentiary policy geared to overcoming some of the problems that it faced, including overcrowding, rehabilitation and respect for human rights, and eleven new prisons had been set up.

CARLOS HERNAN MARIN ARIAS, Eastern Regional Director of the National Institute of Legal Medicine and Forensic Sciences of Colombia, providing complementary information, highlighted that Colombia's investigative practices required that non-fatal cases in which torture was alleged were always based on the Istanbul Protocol, which included detailed examinations to detect signs of physical and psychological torture. For fatal cases, the National Institute applied the Minnesota Protocol with regard to examinations of corpses of individuals where there was reason to believe they may have been victims of torture or sexual crimes.

In the area of training, there was a focus on human rights for forensic investigators, including workshops on the Istanbul Protocol carried out in conjunction with the Office of the High Commissioner in Colombia. The Institute also was in the process of certifying forensic pathologists and was currently reviewing and updating technical forensic regulations.

CLAUDIA SUAREZ MARTINEZ, Public Prosecutor for Human Rights Matters of Colombia, said the autonomy of the judiciary was evident in three areas: in seeking evidence to clarify the facts, as well as to find offenders; through public trials which heard from both defendants and plaintiffs in an effort to find the truth; and through providing reparations and re-establishing rights. Presenting figures on crimes of torture committed by State agents, which showed the number of convictions brought, she noted those figures were collected for each State body. In addition, a special unit for victims had also been created in 2008.

Questions Raised by Committee Experts

FERNANDO MARIÑO MENENDEZ, the Committee Expert serving as Rapporteur for the report of Colombia, noted the situation in Colombia that hindered the full implementation of the rule of law. He also highlighted the many efforts of Colombia to try and prevent violations of human rights and domestic law.

Mr. Mariño Menendez underscored that for crimes of torture there could be no amnesty. Crimes of extrajudicial execution and forced disappearance were also considered instances of torture and so also fell under that category. He sought confirmation that in Colombia there was no amnesty for such crimes.

There was a discrepancy between the information presented by the State and reports from other sources, Mr. Mariño Menendez noted, which indicated that torture did exist in the country, and that it fell into well established patterns, for example being carried out for reasons of political persecution, discrimination and punishment. It was also said to be a general phenomenon in that it occurred throughout the State.

Mr. Mariño Menendez was also dissatisfied that the statistics presented by the delegation did not always match. One reason was that crimes were broken down into categories, such as abuse of authority, which was one way of masking torture cases. Another way was under cover of extrajudicial executions or forced disappearances.

Noting that the opening of mass graves in the search for the disappeared had brought to light a number of human remains and had allowed for their identification in recent years, Mr. Mariño Menendez asked if those procedures had in turn led to investigations into those acts and the punishment of perpetrators.

A further concern was the emergence of armed groups that appeared to be acting in coordination with the Government, and more information was requested.

Mr. Mariño Menendez was concerned about the length of time that persons were able to be kept in police detention - 36 hours - without being brought before a judge, and the fact that in practice that was often longer. He was further concerned about the length of pre-trial detentions, which he understood could last as long as one year.

With regard to forced displacement, what measures had been taken to protect the most vulnerable Mr. Mariño Menendez asked. An extreme example was the sexual violence against women in such a context, but he was also concerned about the case of Afro-Colombians, indigenous children and others.

CLAUDIO GROSSMAN, the Committee Chairperson serving as Co-Rapporteur for the report of Colombia, began by noting that the Colombian Government had policies that were very worthwhile in a number of areas, and he also commended the Government for invitations to numerous Special Rapporteurs to visit the country, as well as activities to strengthen the legal framework in the country, including by ratification of a number of international instruments, such as the Rome Statute of the International Criminal Court. Also valued was the inclusion of the Istanbul Protocol in Colombia's approach to torture complaints.

With reference to the campaign to raise awareness of the armed forces on human rights, Mr. Grossman asked if there was training on the issue of sexual violence in that regard, in particular given allegations that members of the armed forces and the paramilitary had committed acts of violence against women.

Had the Ministry of Justice set up a mechanism to systematically collect information on the prison system? While the State said that independent committees had been set up to monitor prisoners' rights, Mr. Grossman said he had received information that the independence of such committees had been undercut by putting them under the director of prisons.

In keeping with the Criminal Code, a person could be put in isolation (solitary confinement) if there was a "serious offence" committed. Mr. Grossman asked how the determination was made that an offence was serious. Were there any guidelines or criteria set out?

Further to announcements of the building of new prisons and the installation of a system of electronic surveillance in the prisons, Mr. Grossman asked for an update on what work had been completed so far.

There was only a handful of clinical psychologists and social services personnel attached to the national prisons, Mr. Grossman noted, which was certainly insufficient to meet the needs of prisoners. How did the Government intend to address that situation?

Mr. Grossman drew attention to the decision of the Constitutional Court on sexual violence, which had found that there were a high number of complaints of violence against women brought against members of the military that had not resulted in action taken. What kinds of initiatives had been adopted to address that issue, to record cases of sexual violence and to prosecute and investigate them? A particular concern was that it was the military itself that was tasked with the collection of evidence in such cases.

Mr. Grossman drew attention to the cases of torture committed by paramilitary groups, including amputations and others, and the fact that the Constitutional Court of Justice and Peace had handed down a decision requiring the provision of justice to all such victims, as well as reparations. What had been done to implement that decision?

Other Committee Experts asked questions and raised concerns related to the fact that members of the armed forces accused of acts of torture and ill-treatment were prosecuted under the military justice system, which was not a transparent process; whether oversight mechanisms existed for the Public Prosecutor's Office and how the independence of that office's activities were assured; investigations, prosecutions and sanctions for threats or acts carried out against human rights defenders; and whether any investigations had been carried out on the 183 cases of sexual violence that had given rise to a judicial order by the Constitutional Court on that subject. Other concerns included a multiplicity of human rights mechanisms set up to protect individuals, which might be a reflection of the impotence of the relevant State bodies to provide such protection; the existence of administrative preventive detention; an insufficient number of judges to ensure timely trials; and the use of children in armed conflict and in the police, and what measures were being taken to combat that phenomenon and to rehabilitate the children involved.

An Expert was concerned by the high level of endemic violence and brutality in Colombian society in general, and the need to combat that phenomenon. One aspect comprised cases of torture, disappearances and extrajudicial killings attributed to members of the armed forces and the police. There had to be effective monitoring mechanisms in place, as well as prosecutions and sanctions for perpetrators. There also needed to be better training. Similarly, the phenomenon of violence against women, in particular domestic violence, was extremely high, indicating a society that had a low threshold for brutality. What was the Government planning to do to address that?

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