In Dialogue with Colombia, an Expert of the Committee against Torture Welcomes the Prohibition of Amnesty for Public Officials Accountable for Past Abuses, Asks about Reports of Officials’ Use of Lethal Force in Response to Social Protests and about Prison Strikes
The Committee against Torture today concluded its consideration of the sixth periodic report of Colombia, with a Committee Expert welcoming the prohibition of amnesty for public officials accountable for past abuses, and raising questions about reports of law enforcement officials’ use of lethal force in response to social protests and about prison strikes.
Claude Heller, Country Co-Rapporteur for the report of Colombia and Committee Chair, said the State party’s report was particularly relevant given the events that had unfolded since November 2016, when the Final Peace Agreement between the Government and the Revolutionary Armed Forces was signed, ending an armed conflict that had continued since 1948 and had led to the deaths of millions of people. Mr. Heller welcomed the implementation of the law that prohibited the granting of amnesty to State officials that had committed serious infractions, and progress made to hold former leaders of the National Liberation Army and the military accountable for past abuses. How many cases were being heard?
Mr. Heller noted that law enforcement officials had been accused of committing serious human rights violations in reaction to the largely peaceful protests that had taken place in Colombia since the social crisis that began in 2019, including people killed or injured by bullets. At protests held on 28 April 2021, 46 protesters were killed. There were reports of indiscriminate use of tear gas and lethal weapons by the Mobile Anti-Riot Squadron of the National Police and the National Army. Mr. Heller asked how the State had responded to these incidents.
Further, Mr. Heller cited reports of strangling tools and other lethal weapons such as pepper spray used in prisons in response to strikes by prisoners in 2020 regarding COVID-19 response measures. There were also reports that incommunicado detention was carried out in undignified conditions. Twenty-four people had died in an uprising in La Modelo related to COVID-19 measures. Had investigations into the incidents taken place?
Introducing the report, Elizabeth Taylor Jay, Deputy Minister of Multilateral Affairs of the Ministry of Foreign Affairs of Colombia and head of the delegation, said the Government was working to implement the Final Peace Agreement and its transitional justice framework. A special committee for peace had been established to investigate crimes committed by law enforcement officers and civilian third parties. The committee was identifying perpetrators, who under State legislation did not benefit from amnesty if they committed torture, extrajudicial killings or other serious crimes against humanity. Such crimes were tried in criminal courts.
On the social protests, the delegation said there had been thousands of different public protests occurring since 2019. The Ministry of the Interior had created a national system to respond to protests peacefully and prevent violence through dialogue. The General Prosecutor’s Office had identified victims of murders during social protests and the perpetrators, many of whom were police, and had issued arrest warrants against these individuals. An overhaul of the Mobile Anti-Strike Police was also underway, and a manual for addressing protests with appropriate force had been developed for this unit.
The delegation also said the State had charged seven prison officials with torture related to the event occurring at the La Modelo prison. In another event at a different prison, 57 inmates were killed when a prison official threw a smoke grenade that had caused a fire. The officials responsible were held judicially accountable in this case.
Mr. Heller, in concluding remarks, said that Colombia was in the process of change. It was adopting a human rights policy that addressed both the past and the present. The Committee was entrusted with overseeing the State’s implementation of the Convention, and would develop concluding observations based on the information provided in the dialogue towards improving this implementation.
Gustavo Gallón, Permanent Representative of Colombia to the United Nations Office at Geneva, in concluding remarks, said Colombia was undertaking reform to make the national police service more transparent and effective, and to improve conditions in prisons, including through the ratification of the Optional Protocol to the Convention. The State was also working to address historic violations of human rights and to improve the quality of life of its citizens. Mr. Gallón said Colombia welcomed the concluding observations of the Committee, and was ready and willing to implement them.
The delegation of Colombia consisted of representatives from the Ministry of Foreign Affairs; Presidential Advisor for Human Rights and International Affairs; Presidential Youth Counsel; Special Jurisdiction for Peace; Office of the Attorney General; Search Unit for Missing Persons; Unit for Comprehensive Attention and Reparation to Victims; National Protection Unit; National Penitentiary and Prison Institute; National Institute of Legal Medicine; Ministry of the Interior; Ministry of Justice and Law; Colombian Institute of Family Welfare; Human Rights Commissioner for the National Police; and the Permanent Mission of Colombia to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Colombia at the end of its seventy-sixth session on 12 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 20 April at 3 p.m. to continue its examination of the second periodic report of Brazil (CAT/C/BRA/2).
Report
The Committee has before it the sixth periodic report of Colombia (CAT/C/COL/6).
Presentation of Report
ELIZABETH TAYLOR JAY, Deputy Minister of Multilateral Affairs of the Ministry of Foreign Affairs of Colombia and head of the delegation, said Colombia was committed to guaranteeing human rights in the country. The goal of the Government was to make Colombia a global power, focusing on empowering women, building an economy based on human rights, and achieving total peace. The administration was committed to guaranteeing freedom of speech, personal safety and all human rights, and to protecting its citizens from torture and other cruel and degrading treatment. There could be no repetition of the practices of the past. State authorities could no longer be complicit to torture.
Colombia’s foreign policy aimed to achieve sustainable development and promote and protect democracy and multilateralism. The State was commencing negotiations with new actors that were part of the armed conflict. There had been more than nine million victims of the armed conflict. The State party was building a plan of action on women, peace and security, addressing gender matters tied to the armed conflict. It had ratified numerous international instruments and removed several reservations to those instruments to bolster guarantees of human rights. Colombia had developed a draft law allowing for the ratification of the Optional Protocol of the Convention. The draft law was a step toward preventing torture and guaranteeing reparation for victims. The State party would continue to work with civil society and the judicial branch to fully comply with the Convention and its Optional Protocol.
The Government was also working to overcome problems in jails. It had developed a draft law for the modernisation of the jail system. The law also aimed to reduce recidivism and promote the incorporation of former convicts into society. An information system had also been developed to record information on all those deprived of liberty. The system had information on the 125 detention centres in the State. The goal of the system was to improve and monitor the situation in detention centres. Anyone who had interest could access this information. Prisoners received medical examinations upon being detained. These allowed the State to identify acute and chronic conditions such as drug addiction, gender identities, disabilities, pregnancy and other conditions and respond to those conditions appropriately. Training of civil servants working in penitentiaries was a priority. A human rights workshop was held that addressed the use of force in penitentiaries, and other training was provided on the Convention, human rights in general, the Nelson Mandela rules, principles for the use of force and negotiation methods.
The Government was working hard to eradicate banned practices by State officials and to provide victims with reparations. The Ministry of National Defence had strengthened training programmes for public security forces, allowing for these forces to become aware of the rights of minorities such as indigenous and Roma populations. Some 23,000 members of the security forces had been trained in this framework.
Since 2012, the Unit for Comprehensive Reparation and Care for Victims had provided care for victims of the conflict. It worked to provide land and support access to income, education and health for victims, as well as restore the dignity of victims through reparation programmes conducted in collaboration with civil society. Another unit provided psychosocial support for victims, helping them to rebuild their lives. From 2019 to 2022, some 2,000 victims of the armed conflict had been supported by restitution programmes.
The Government was working to implement the Final Peace Agreement. The delegation would report on the process of peace negotiations. The Government supported the transitional justice framework established under the 2016 Agreement. A special committee for peace had been established to investigate crimes committed by law enforcement officers and civilian third parties. The committee was identifying perpetrators, who under State legislation did not benefit from amnesty if they committed torture, extrajudicial killings or other serious crimes against humanity. Such crimes were tried in criminal courts.
Structural solutions were needed to address the problems that Colombia had faced for decades. The Government was committed to obtaining complete peace through key initiatives such as the implementation of the Final Peace Agreement. Violence and armed conflict disproportionately affected minority groups. This needed to be addressed. Social justice also needed to be strengthened to allow civilians to protect themselves. The State party pledged to follow through with the concluding observations of the Committee to work to eradicate torture.
Questions by Committee Experts
CLAUDE HELLER, Committee Chair and Country Co-Rapporteur for the report of Colombia, welcomed the delegation’s willingness to address the problems that Colombia faced, issues that would not be solved overnight. The State party’s report was particularly relevant given the events that had unfolded since November 2016, when the Final Peace Agreement between the Government and the Revolutionary Armed Forces was signed, ending an armed conflict that had continued since 1948 and had led to the deaths of millions of people. The Government faced numerous challenges in implementing the Agreement, given its multidimensional content and the national context of high inequality. The creation of 16 new special transitional peace constituencies, the political participation of victims from the areas most affected by the armed conflict, and advances in transitional justice mechanisms were also positive steps forward.
However, there had been an increase in violence in rural areas and in some urban centres that had had a negative impact on disadvantaged indigenous, poor and Afro-descendant communities. Seven million members of these communities, or 15 per cent of the total population, reportedly lived in areas under the control of armed groups.
Comprehensive agrarian reform and a new approach to drug policy were needed to address the underlying causes of conflict and redress historical inequalities. The new Government, elected in 2022, had pushed for the resumption of negotiations with the National Liberation Army, Latin America's oldest guerrilla group, as well as with more than a dozen armed or illegal groups. There were plans to establish a commission to qualify the type of organizations with which a political dialogue would begin. The Government had proposed offering judicial clemency, economic incentives and the reduction of military operations to armed groups that joined peace agreements. It was positive that, at the end of last December, President Petro announced a unilateral ceasefire with five non-State armed groups and criminal organizations. Talks between the National Liberation Army and the Government had also resumed in New Mexico with the support of various States and the United Nations. However, the Committee was concerned about acts of violence perpetrated against the armed forces by the National Liberation Army. The Committee called on the parties to the conflict to continue their efforts to advance peace negotiations. On 21 March 2023, the ceasefire with the Clan del Golfo was suspended for its violent actions in a mining strike in Antioquia, having committed murders and acts of torture.
In the List of Issues Prior to Reporting, the Committee identified three outstanding issues in its previous concluding observations: excessive use of force by law enforcement officials and military personnel, conditions of detention in prisons, and reparation for victims of torture and ill-treatment. Confinement due to the COVID-19 pandemic response had led to new crimes of torture being committed in detention facilities during the reporting period, and State officials had used excessive force in response to social mobilisations in the period 2019-2021, committing acts of torture and ill-treatment.
In 2022, the United Nations Verification Mission verified the killing of 52 former Revolutionary Armed Forces members, bringing to 355 the number of killings of former combatants since 2016. In addition, there were 110 attempted murders and 27 disappearances. In 2022, 115 children were recruited by non-State armed groups, some being killed and others subjected to sexual violence; 16,283 minors had been recruited between 1990 and 2017. Non-State armed groups were responsible for serious human rights violations against civilians, including killings, summary executions, torture, child recruitment and rape. As of 2022, more than 123,000 people were displaced. The security forces and judicial authorities had not yet been able to effectively protect the population, nor to dismantle irregular armed groups; 103 security force members reportedly died due to actions by criminal organizations and non-State armed groups in 2022. The Office of the High Commissioner for Human Rights had verified 92 massacres in 2022, registering 321 victims.
Colombian legislation established an "indeterminate" subject, which allowed the act of torture to be punished not only when it was committed by an agent of the State, but also when it was committed by private individuals. Had any investigations been carried out into cases of torture by private individuals? Was cruel, inhuman or degrading treatment criminalised under Colombian law?
The Protection and Assistance Programme offered specific measures to guarantee the life and integrity of prosecutors in the face of threats and aggression. Such measures were offered to 138 judges and 54 magistrates in 2018. What was the number of cases of aggressions against prosecutors and their consequences?
The Committee welcomed the draft bill that aimed to ratify the Optional Protocol to the Convention. This was a significant step forward. However, ratification could not take place right away. Colombia’s Ombudsman, which had “A” status, conducted visits to prisons to assess situations of detention. Could the Ombudsman operate as an interim national preventative mechanism while the Optional Protocol was being ratified? Did the State plan to recognise the Committee’s competence to consider individual communications?
The military criminal jurisdiction was responsible for punishing conduct committed by members of the security forces. However, under the decision of the Constitutional Court of February 2016, crimes of torture could not be dealt with by the military criminal jurisdiction. How many cases of torture had been transferred from the military to the ordinary criminal jurisdiction? How many criminal investigations into the crime of torture were underway, and how many convictions had been handed down? What methodology was used for documenting these cases? What measures were in place to apply the Istanbul Protocol to alleged victims of torture? How could prisoners access the independent complaint mechanism, the Colombian Committee for the Prevention of Torture? How did the delegation respond to claims about the lack of independence of this committee?
More than 50 per cent of alleged crimes of torture occurring between 2019 and 2021 were committed by State authorities. How many investigations into such allegations were underway?
There were concerns about 2016 legislation that allowed police to break up demonstrations. The Government reportedly repressed strikes in Buenaventura and Chocó with excessive force and carried out arbitrary arrests. Law enforcement officials had been accused of committing serious human rights violations in reaction to the largely peaceful protests that had taken place in Colombia since the social crisis that began in 2019, including people killed or injured by bullets. At protests held on 28 April 2021, 46 protesters were killed. There were reports of indiscriminate use of tear gas and lethal weapons by the Mobile Anti-Riot Squadron of the National Police and the National Army. How many investigations were carried out on acts of violence reported in 2019 and 2021 and trials held as well as the corresponding convictions? Eleven people had also died in 2021 in a military operation in the Department of Putumayo. What criminal investigations into this incident were underway?
The Office of the High Commissioner for Human Rights had documented 110 cases of people detained in connection with the national strike protests in 2021. Could information on investigations of such detainments as well as the 46 deaths occurring in the national strike be provided? Had protocols on the use of force and lethal weapons been reviewed? Had internal control mechanisms been established to guarantee strict compliance with international standards? What reforms of the police service were planned?
There were reports of strangling tools and other lethal weapons such as pepper spray used in prisons in response to strikes by prisoners in 2020 regarding COVID-19 response measures. There were also reports that incommunicado detention was also carried out in undignified conditions. Twenty-four people had died in an uprising in La Modelo related to COVID-19 measures. Had an investigation into the incident taken place? There were also reports of overcrowding in prisons and ill-treatment of women and indigenous peoples. What response measures to these issues were in place?
Regarding the peace process, Mr. Heller welcomed the implementation of the law that prohibited the granting of amnesty to State officials that had committed serious infractions. A parole system for civil servants was being considered. Was there oversight for the system? The State needed to promote a greater presence of law enforcement in certain areas of the State to tackle ongoing violence. The Committee appreciated the progress made to hold former leaders of the National Liberation Army and the military accountable for past abuses. How many cases were being heard? Reparations had been ordered by the Inter-American Court of Human Rights regarding sexual violence against a journalist, and the Committee urged Colombia to implement this ruling.
Mr. Heller said paramilitary groups continued to commit crimes against the population. These groups had strong ties to drug trafficking. This was an issue that the State needed to address in a greater capacity. The Total Peace Plan was ambitious. How had this process developed? What progress had been made in securing ceasefires? The Prosecutor’s Office had voiced complaints about the interruption of amnesty agreements. How had the State responded?
The United Nations Office on Drugs and Crime had noted a 40 per cent increase in illicit drug production since 2021 in poor regions of the State. Addressing the drug trade was vital to securing peace. This required a new approach and an international focus. What new initiatives was the State implementing to tackle the drug trade?
Colombia hosted more than 2.5 million refugees from Venezuela, and in 2021, the State granted temporary protection to 1.4 million Venezuelans. Did the State intend to revise domestic legislation to allow asylum seekers to access refugee status to prevent their deportation to places where they were at risk of becoming victims of torture? Did temporary protection guarantee the right to access residency and work? Was there a cooperation system in place to support Venezuelans in Colombia? Many Venezuelans had fallen victim to abuse on the migration route to the United States. What protections were in place for migrants on these routes?
The report cited the creation of the national commission for the guarantee of security, a welcome development. However, attacks against human rights defenders continued to be an issue. Over 10,000 human rights defenders had reportedly been murdered since 2016. How was the State facing this situation? How many investigations were underway and what were their outcomes? Was the State considering reforms to provide enhanced protection for human rights defenders and civil society leaders, such as an early response programme?
ERDOGAN ISCAN, Committee Rapporteur and Country Co-Rapporteur for the report of Colombia, said that the Committee had been following developments regarding the implementation of the Peace Agreement of 2016. It was pleased to hear commitments from the delegation to ratifying the Optional Protocol and to ratifying international human rights conventions. The Secretary-General had commended the progress of peace negotiations in spite of the difficult security situation. Consolidating peace depended on the full implementation of the Peace Agreement and the efforts of the authorities to curb ongoing violence in conformity with international law.
The periodic report was submitted almost four years ago. Since that time, important developments had taken place that had repercussions on the implementation of the Convention.
Colombia was required to exercise universal jurisdiction regarding crimes of torture, and to make torture an extraditable offence. The Committee noted bilateral and multilateral treaties establishing extradition procedures. Were acts of torture considered as universal crimes?
The State party was also required to ensure that information on the prevention of torture was included in the training of all relevant public officials. Had the State evaluated the effectiveness of training programmes? What training was provided for members of the judiciary and detention centre staff? Was such training in line with the revised 2022 Istanbul Protocol? Around 255 workshops had been held on the application of humanitarian law in cooperation with the International Committee of the Red Cross. What results had these training programmes had? What training was provided for medical staff that dealt with detained persons? The Committee called for more information on the guidelines regarding medical examinations in detention centres.
The Committee called on Colombia to submit information on the implementation of its obligations under article 11 of the Convention. What instruction methods and standards for prison staff had been adopted since 2016? The Committee also called for updated data on prison overcrowding. Overcrowding reportedly remained an issue in State prisons. What measures were in place to mitigate overcrowding?
Had Colombia taken measures to bring legislation on prisons in line with the Nelson Mandela rules? The Committee welcomed the State party’s commitment to improving legislation on solitary confinement, as well as seminars held on the use of solitary confinement. What progress had been made with planned legislative revisions to improve the conditions of solitary confinement cells? Could information on the use of solitary confinement be provided? The State party report did not provide current information on allegations of negligence by prison personnel, as well as violence against prisoners and forced medication of prisoners. The Committee asked for this information. What measures were in place to improve the treatment of prisoners by staff?
Under the Convention, each victim of acts of torture had the right to redress. The Committee’s General Comment three of 2012 required States parties to provide victims with compensation, truth and full rehabilitation. The report did not contain enough information on the provision of transitional justice. What redress and compensation measures were provided to victims of torture and their families?
The Committee was pleased to note that Colombia had extended standing invitations to United Nations human rights mandate holders. However, the request dated 27 January 2021 by the Special Rapporteur on torture to pay a visit to Colombia remained unanswered. Did the State intend to respond to this?
Another Committee Expert said the Convention required criminalising all those involved in the commission of the act of torture. Was a superior or commander considered responsible if they had ordered or had knowledge of an act of torture committed by an inferior? Was a person held liable if they acquiesced to the crime of torture?
One Committee Expert asked about the situation of women in detention. Half of all women in prisons in Colombia were reportedly there for low-level drug offences. Their incarceration did not disrupt drug markets but had a severe impact on their families. Around 85 per cent of women in prisons in Colombia were mothers, and 60 per cent were heads of single-parent households. What measures were in place to improve women’s access to healthcare and education in prisons? Were family visits allowed? What complaints had been filed by women prisoners and what were the outcomes of their investigation? What specific measures had been implemented to improve conditions for women prisoners? Legislation had been adopted last year to promote alternatives to prison for women. What progress had been made in implementing this legislation? Most women came in conflict with the law due to poverty and lack of education. Investing in communities and socio-economic justice would help more women to live in harmony.
How many foreigners were incarcerated in prisons in Colombia? Was education provided for such prisoners who did not speak Spanish? There were allegations of violence against foreign prisoners. What measures had been implemented in response?
There were specialised courts for juveniles in some major cities of Colombia. What was the number of incarcerated minors in Colombia? What education and rehabilitation programmes were provided to minors in prisons?
A Committee Expert noted with appreciation that in 2022, Colombia’s Criminal Court had decriminalised abortion under all grounds up to 24 weeks of pregnancy. Abortion after 24 weeks was also permitted in special circumstances. However, access to safe and legal abortions reportedly remained limited. What legal provisions were being considered for guaranteeing safe and legal abortions?
Responses by the Delegation
The delegation said women deprived of liberty represented seven per cent of all people deprived of liberty. The penitentiary system had lacked a gender focus. Over the last four years, two laws had been implemented to address this. The first, introduced in 2022, provided menstrual care products for women in prisons. The second, adopted in 2023, provided alternatives to detention for women issued with sentences lower than six years who were heads of their household and who were in extreme poverty. Such women were used by organised crime for theft and drug trafficking. The law aimed to reduce prison overcrowding and provide alternatives to detention. A draft regulation promoting the employment of released women prisoners in non-profit organizations and public entities was also currently being considered. The State was carrying out surveys on the situation of women in prisons and after release with a view to improving support for them.
Colombia was willing to receive the visit of the Special Rapporteur against torture. The State party had a waiting list for visits with requests that dated back to 2003, but hoped to respond positively to the Special Rapporteur against torture’s request by the end of next month.
Solving the conflicts in the State was a main priority of the Government, the delegation said. Colombia aimed to deactivate armed conflicts and address their root causes. It had opened at least 12 dialogues with parties to the conflict. Discussions aimed to bring about peace with parties of political origin, and aimed to achieve disarmament in exchange for judicial benefits for armed groups. The State had prosecuted leaders of past conflicts and pursued accountability for those responsible for past abuses. Activities that would contribute to retribution for victims were also being conducted. This year, the State would work to create a protective environment for youth. It would pursue legislation to prevent the use of children and youth in armed conflict. The Government also aimed to improve protection programmes for indigenous peoples.
Social protests had in the past been marked by the use of lethal force by security officers and civilians. Youth were most affected by this. The current Government was committed to identifying the root causes for the protests and working with the youth who participated to address these causes. It was also aiming to reduce equality gaps and tackle discrimination. The State promoted the right to protest.
Colombia was fully committed to investigating allegations of violations of human rights in prisons. There had been progress in creating regulations and guidelines for those that worked in prisons regarding the use of force. The prison health care system was also being reformed. The State faced challenges in providing enough space for all prisoners and providing sufficient services in prisons. It was working to dismantle judicial structures responsible for torture and corruption. The State’s legal framework provided the right to reparation for victims of torture, human trafficking and sexual violence.
The Jurisdiction for Peace had in 2022 investigated historical crimes of sexual and gender-based violence and acts of torture. Eight individuals who were heads of the former Revolutionary Armed Forces had been investigated and tried. Four former public security officials had been convicted of crimes against humanity. Some 192 reports of torture had been submitted to the Jurisdiction for Peace. The Final Peace Agreement provided reduced sentences, such as community service work, for perpetrators that confessed to past crimes. The State was working on restorative projects that complied with international standards.
The Government had signed a cooperation agreement with the International Criminal Court related to investigating and punishing past crimes and implementing the special jurisdiction for peace.
The General Prosecutor’s Office was part of the judicial branch of the public sector. It acted to investigate crimes independently. The Office had implemented a taskforce to focus on impunity. It was also working to dismantle organizations that were responsible for collective homicides. There were 417 cases of homicide being investigated; 58 per cent of cases had been resolved and 80 per cent of those were the responsibility of criminal organizations. In total, there had been around 2,000 arrest warrants issued against paramilitary structures, including their leaders, and these needed to be implemented.
The General Prosecutor’s Office had identified 29 victims of murders during social protests and the perpetrators, many of whom were police. It had issued arrest warrants against these individuals. Protests were identified as “terrorist” activities when they endangered the public. Several public buildings had been burned in protests. The General Prosecutor’s Office was supporting peace initiatives, and aiming to also bring drug traffickers to justice.
There had been 3,400 different public protests since 2019. The Ministry of the Interior had created a national system to respond to protests peacefully and prevent violence through dialogue. It was committed to revising the social protest protocol to increase protections for protestors. It was also making headway in transferring oversight of the police service. It would promote civil society’s participation in this oversight. Reforms were being pursued to prevent terrorist legislation from being used against protestors.
The Government was promoting the implementation of the Peace Agreement. An unprecedented budget had been devoted to tackling the drug trade. Five billion pesos had been invested in agrarian reform, and the Government had also increased investment in security programmes. It was developing its policy to dismantle paramilitary groups. This year, the rate of murders of human rights defenders had dropped by 31 per cent and of former convicts by over 50 per cent from last year. A verification commission for the ceasefire would be set up to further decrease violence and murders. Public policies for the defence of human rights defenders were being developed in collaboration with civil society. These policies incorporated a feminist approach to promote the women, peace and security agenda.
Social leaders and human rights defenders faced extreme risks in carrying out their work. The National Protection Unit had provided protection to over 6,000 social leaders over the past five years. Over 3,000 people who were members of displaced communities had requested protection in 2022. Over 5,000 former members of military groups had requested protection over the last five years. Conventional and armoured vehicles, protection vests and emergency buttons had been provided to these people. Some 448 people from indigenous communities had also been provided with support over the last five years.
In 2022, the office of the Human Rights Commissioner had been created. The Commission provided oversight of police activities. The office contained groups focusing on gender and prisons. When the life of a person was in danger, police staff could transfer those persons to appointed centres that provided protection. Such centres had cameras to record the conduct of staff, and were required to have medical staff. Reports of the name of the person and time of the transfer were also required. Concerned persons were informed about the reason for the transfer and the transfer location.
The Human Rights Commissioner was working to investigate allegations of arbitrary detention. An inter-institutional group was created in response to the recent social protests that carried out assessments of training procedures for police. Training was provided on the Convention and the Istanbul Protocol, as well as the rights of indigenous peoples and women. An overhaul of the Mobile Anti-Strike Police was underway. A manual for addressing protests with appropriate force had been developed for this unit in collaboration with the Office of the High Commissioner for Human Rights. A law had been adopted that addressed the use of force and courses in human rights norms and the use of force had been carried out. The General Prosecutor’s Office had jurisdiction to investigate alleged human rights violations committed as part of disciplinary measures in prisons.
Colombia was working to protect the rights of persons deprived of liberty. The Inter-American Court of Human Rights had ordered the State to protect the rights of foreigners, persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons, indigenous peoples and other minorities. There were around 900 foreigners in State prisons receiving education in Spanish language. A manual on human rights had been developed for penitentiary staff. There were 317 reports of excessive use of force against inmates occurring in recent years. Hotlines had been established for inmates and their families to report violence against inmates.
The State was providing training on the Istanbul Protocol for prison staff, and was working on capacity building. There were nearly 40,000 more persons detained in transitory judicial detention centres than those centres had the capacity to hold. The State was working on constructing new prisons and pursuing alternatives to detention and restorative justice, bringing criminal policy in step with Constitutional rights, and strengthening the budgets of territorial detention bodies. A draft law to ratify the Optional Protocol was being pursued to provide additional oversight to the prison system. The Government was also promoting the reintegration of former prisoners and was working to improve facilities within prisons.
To ensure standards for due diligence, the Government had been implementing the Minnesota and Istanbul Protocols. A guide for forensic work to investigate acts of torture had been developed by the State. Training was provided to forensic staff to correctly identify torture, sexual violence, enforced disappearance and other human rights violations. The Minnesota Protocol was implemented regarding all deaths in prisons. Over the last year, training activities had been carried out on torture evaluation. The forensic unit continued to provide all evidence possible to support court deliberations.
Regarding the case of Bedoya Lima against Columbia, a draft law had been developed to implement the ruling of the Inter-American Court. Progress was being made to address the commitments that came with the ruling. An information system was being developed to collect data on violence against journalists. The Government was working with international organizations and civil society in this regard.
The Presidential Advisor’s Office on Human Rights and International Relations provided technical assistance to regional bodies to strengthen preventative activities related to the recruitment of children and adolescents in armed conflict; 1,472 technical assistance activities had been carried out since 2021, with psychosocial care provided to over 6,500 individuals. Some 296 regions had been identified as high-risk for children and adolescents, and the State was providing priority support to those regions. The United Nations Children's Fund was providing feedback on the State’s policy for preventing child recruitment.
The State aimed to break the cycle of war, poverty and violence against children. Youth had been severely affected by prevailing inequality. Since 2021, 12,000 protests had occurred, most of which had been led by young people. These protests had led to a great deal of shed blood. Over 66 people lost their lives and over 1,000 people were injured. The State was carrying out a census of young people who were deprived of their liberty in relation to the protests. It had put together a roundtable of victims that aimed to help secure the rights of victims and properly investigate complaints. A database of victims had been created and was constantly updated. The law for complete peace created “peace spokespersons” to lead dialogue with public officials in different regions, and the Government was providing support for these spokespersons. The Government programme “Youth and Peace” helped to prevent the recruitment of youth and support youth education.
The domestic migration policy enshrined the principle for non-refoulement. The State did not deem it necessary to revise existing legislation to prevent non-refoulement. A measure had been implemented to provide temporary protection visas for Venezuelans in Colombia. This visa allowed Venezuelan refugees to live and work in Colombia and access State services. The State had developed a roadmap for protecting migrants travelling across the Darien Strait. It was holding dialogue with countries of origin of migrants, bolstering support centres at borders and developing information exchange mechanisms with other States. A network of care structures was being built to pool the efforts of local, national and international organizations to support migrants.
From 2019 to 2023, the Victims’ Unit had identified around 9,200 victims of torture and aggression, including persons with disabilities, women and indigenous persons. Reparation was paid to victims, and they were also provided with psychosocial support. The Victims’ Unit led inter-institutional actions to provide support to victims.
Questions by Committee Experts
CLAUDE HELLER, Committee Chair and Country Co-Rapporteur for the report of Colombia, said that some cases of torture dated back to the 1980s. The Committee appreciated the measures being taken to implement the ruling of the Inter-American Court of Human Rights regarding the Bedoya Lima case. The Committee had been taken aback by a ruling this year by the Court related to the assassination of political opponents.
Work was underway to establish a national committee to provide security guarantees. It was important to strengthen the early warning system recommended by the Truth Finding Commission. How far was the reach of these measures? There were also proposed follow-up and monitoring commissions. Had these commissions been established? Was there a single body that managed the efforts of all bodies working to promote truth and justice?
The Revolutionary Armed Forces and other similar organizations could be labelled as terrorist organizations under the current legislation. The definition of terrorism in legislation needed to be revised.
The Committee welcomed the recent reduction in violence in Colombia. Certain protests included violent groups that aimed to attack the State and set fire to buildings. This needed to be considered.
The solution to prison overcrowding was not to build more prisons but to address the root causes of the high prison population. International cooperation played an important role in addressing issues faced by the State regarding prisons. Additional funding was also needed to address these issues. Had the State pursued bilateral agreements to secure additional funding for the prison system? How did the State intend to improve training on torture?
ERDOGAN ISCAN, Committee Rapporteur and Country Co-Rapporteur for the report of Colombia, said that the measures described by the State party to address the issues at hand were promising. In 2015, the Committee had noted in concluding observations that the paramilitary demilitarisation process had made some progress in promoting peace but had led to impunity for some of the perpetrators of serious human rights abuses, including torture, sexual violence and enforced disappearance. Such abuses often occurred after these groups were dismantled. The Committee had urged the State party to take steps to put an end to armed groups formed after the demobilisation of paramilitary groups. This was still a relevant recommendation. The State needed to ensure the rights of victims to truth, justice and guarantees of non-repetition.
The COVID-19 pandemic had occurred after the State party submitted its report in 2019. In Colombia, a state of emergency had been declared in response to the pandemic. Was this still in place? The pandemic had disproportionately affected minority and disadvantaged groups, increasing social inequalities. What measures were in place to protect these groups?
Responses by the Delegation
The delegation said Colombia was in the process of change, which could not happen overnight. However, the Government was committed to providing reparation to victims of the armed conflict and other victims.
Around 686 acts of torture had been attributed to the eight former leaders of paramilitary groups who were extradited to the United States. A reparation fund had been established that provided support to the victims of these acts.
The event occurring at the La Modelo prison led to the death of 25 individuals. The State had charged seven prison officials with torture related to this event. In another event at a different prison, 57 inmates were killed when a prison official threw a smoke grenade that caused a fire. The officials responsible were held judicially accountable in this case also.
Criminal organizations were behind some of the violence and terrorist acts that occurred during protests. These activities had created terror amongst the population; hence, they were being tried as terrorist acts. Most of these cases were still under trial. The State had the burden of proof in each case. It was working to determine whether actions had been carried out by individuals or organizations.
Many international organizations were working with Colombia, including the International Committee of the Red Cross. The International Committee of the Red Cross provided technical support and guidance regarding care for persons with disabilities and the use of force in detention centres, and was working with the State to develop alternatives to detention. The State had also been working with other international organizations to promote restorative justice, prevent the use of drugs in prisons, and improve training of prison officials. A programme to train members of the Ministry of National Defence on the use of force was also being implemented.
The recommendations of the United Nations played an important role in informing State policies. Colombia was working with civil society to develop regulations regarding the response to protests and protective transfers. Several policy measures had been developed to prevent abuse and misuse of vague criminal charges to discriminate against protesters.
The Government had not invested enough in the implementation of the Peace Agreement in the past, so it was now investing more resources towards this.
The state of emergency implemented in response to the pandemic was lifted in July 2022.
The law that amended the State policy on human security promoted community-based measures aimed at prevention and protection. The “Youth at Peace” initiative aimed to promote security for youth as well as improve access to social services.
The committee for follow-up on the Truth Finding Commission was fully autonomous. Its resources were managed by the Special Jurisdiction for Peace.
There could be a postponement of an extradition decision to ensure that the human rights of victims were protected. The decisions to extrude the eight paramilitary leaders were questionable, and more needed to be done to determine accountability related to these cases.
Concluding Remarks
CLAUDE HELLER, Committee Chair and Country Co-Rapporteur for the report of Colombia, said that Colombia was in the process of change. It was adopting a human rights policy that addressed both the past and the present. The Committee was entrusted with overseeing the State’s implementation of the Convention, and would develop concluding observations based on the information provided in the dialogue towards improving this implementation.
GUSTAVO GALLÓN, Permanent Representative of Colombia to the United Nations Office at Geneva, thanked the Committee for the dialogue. The current reform of the national police service aimed to make the service more transparent and effective. There were eight projects underway towards this goal. Reforms were carried out based on recommendations of the Committee. There were also measures being implemented to improve conditions in prisons. One such measure was ratification of the Optional Protocol. The State was also working to address historic violations of human rights and to improve the quality of life of its citizens. Colombia welcomed the concluding observations of the Committee, and was ready and willing to implement them.
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