E/CN.4/1988/17/Add.l
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glaring contrasts in wealth and social circumstances contribute to the
political crisis. The Government is well aware of the seriousness of the
situation and has taken various measures to strengthen the protection of human
rights. The President has appointed a special adviser for the defence,
promotion and protection of human rights whose task is, inter alia, to
co-ordinate the activities of the various ministries in matters relating to
human rights. Another important step which has been taken is the
establishment of a criminal police. In Colombia by law the police and the
military must report every arrest within 24 hours to the competent judge who
decides whether the detainee will be kept in preventive custody or released.
Criminal investigation is the prerogative of the judiciary (Colombia has an
inquisitorial system) and used to be carried out by the bench itself; in
June 1987 the law was changed and criminal investigation is now entrusted to a
"juez de instruccion" (examining magistrate). Until recently, however, the
judiciary did not have at its disposal the means to carry out such
investigation on its own. For historical reasons the national police is a
branch of the Ministry of Defence; criminal investigations were therefore
carried out by the Department of Security (Departamento Administrativo de
Seguridad), whose main function is intelligence for the security of the
State. Recently it was decided to provide the judiciary with its own police
force, the criminal police, in order to enable it to carry out criminal
investigations independently. According to the Minister of Justice this
strengthening of the independence of the judiciary is essential to uphold the
rule of law. Preparations are now being made to implement this law. it was
stressed, however, by the Minister of Justice that, for the creation of this
judicial police and its effective operation, much expertise is needed which is
not available in the country. International assistance is, therefore,
necessary.
9.
Even if an effective and well-trained criminal police force is
established, some questions, in the opinion of the Special Rapporteur, must be
solved before it can be said that the structure for the protection of human
rights is fully satisfactory. According to the information he received,
investigations into matters which are related to national security, will
continue to be carried out by the Department of Security. Moreover, military
personnel accused of criminal violations of human rights will be tried by
military tribunals if the offence concerns military functions. It is a matter
of controversy whether offences mentioned in the Penal Code should always be
tried by civil courts, irrespective of whether they are committed by civilians
or the military, whereas the military tribunals should only be competent with
regard to offences mentioned in the Military Penal Code.
10. These ambiguities should be solved as soon as possible. Since some of
the allegations received by the Special Rapporteur deal with alleged human
rights violations by paramilitary forces, it is essential that such
allegations can be examined and, if necessary, brought before completely
independent authorities. If that were the case, the creation of a criminal
police force would be a highly meaningful contribution to the protection of
human rights, all the more so if that force also had the capacity to make
inquiries in the case of an appeal for habeas corpus. It was openly admitted
by the authorities that at present the judiciary is not in a position to carry
out the necessary investigations.
11. Another legislative measure which is at present envisaged is heavier
penalties for the serious human rights violations, such as torture and
kidnapping.