CAT/C/CR/31/1
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D. Subjects of concern
7.
The Committee reiterates its concern at the numerous acts of torture and ill-treatment
reported widely and systematically committed by the State security forces and organs in the State
party both during and outside armed operations. It also expresses its concern at the high number
of forced disappearances and arbitrary executions.
8.
The Committee expresses its concern that measures adopted or being adopted by the
State party against terrorism and illegal armed groups could encourage the practice of torture. In
this regard the Committee expresses its concern, in particular, at:
(a)
The recruitment of part-time “peasant soldiers”, who continue to live in their
communities but participate in armed action against guerrillas, so that they and their
communities may be the target of action by the illegal armed groups, including acts of torture
and ill-treatment;
(b)
Constitutional reform bill No. 223/2003, which, if adopted, would seem to confer
judicial powers on the armed forces and enable persons to be detained and questioned for up
to 36 hours without being brought before a judge.
9.
The Committee also expresses its concern at:
(a)
The climate of impunity that surrounds human rights violations by State security
forces and organs and, in particular, the absence of prompt, impartial and thorough investigation
of the numerous acts of torture or other cruel, inhuman or degrading treatment or punishment
and the absence of redress and adequate compensation for the victims;
(b)
The allegations of tolerance, support or acquiescence by the State party’s agents
concerning the activities of the paramilitary groups known as “self-defence groups”, which are
responsible for a great deal of torture or ill-treatment;
(c)
The judicial reform bill, should it be approved, would reportedly provide for
constitutional limitation of amparo proceedings and reduce the powers of the Constitutional
Court, particularly with respect to the review of declarations of states of emergency. Similarly,
the Committee expresses its concern at the “alternative penalties” bill, which, if approved,
would, even if they had committed torture or other serious breaches of international
humanitarian law, grant conditional suspension of their sentences to members of armed groups
who voluntarily laid down their arms;
(d)
The allegations and information indicating:
(i)
That some prosecutors in the Human Rights Unit of the Public
Prosecutor’s Office have been forced to resign and that members of the
Unit have been threatened in connection with their investigation of cases
of human rights violations;