|
The different statistical sources on Human Rights (HR) violations and infringements of International Humanitarian Law (IHL) in Colombia handle conceptual frameworks and data-classification criteria which are very dissimilar (According to the definition of the Cinep & Justice and Peace Data Bank, the category of human right violations include events in wich there was mediation on the part of State Agents). Nevertheless, from any point of view, the humanitarian situation in this country is a serious one.
According to the
Presidential Anti-Kidnapping Plan, since the beginning of 1999 up to April
19, the self-defense groups have committed 33 of the 555 recorded kidnappings.
Guerrilla groups were responsible for 54% of economic kidnappings and
71% of political ones for the same period. The guerrilla group known as
the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias
de Colombia), FARC, has committed a majority of the kidnappings (170),
which occurred during these months, almost all of which (141) were economic
extortions, very few (16) were political extortions, and even fewer were
of other criminal nature. Responsibility for 77 economically extortive
kidnappings and 11 political ones was attributed to the guerrilla group
National Liberation Army (Ejército de Liberación Nacional),
ELN.
Of those
accused by the Prosecutor General's Human-Rights Unit of crimes constituting
Human Rights violations and IHL infringements and those implicated in
criminal investigations, most belong to self-defense groups followed by
members of the Armed Forces and by subversive groups. In December of last
year, 474 of those accused belonged to self-defense groups, 243 were members
of Colombia's Armed Forces, 98 were members of subversive groups, 30 were
individuals and 14 belonged to Colombia's Administrative Security Department
(Departamento Administrativo de Seguridad), DAS. A warrant had been issued
for the arrest of 35% of the accused, 30% were already in custody and
the remainder were either in the custody of another authority or were
still at large.
The Colombian National Attorney General's Office reported that there were more complaints and more files opened due to torture as a Human Rights violation in 1998 than any other reason. Regarding the 606 complaints transmitted by the Delegate Attorney General's Office for Human Rights, 319 preventive actions were taken and 287 files were opened. Of the latter, 119 dealt with torture, 75 to forced disappearances, 71 to multiple murders and massacres, and 21 to infringements of International Humanitarian Law. Fifty-five (55) decisions were issued by Examining Magistrates, affecting 173 officials, 99 of those in the form of sentences against the accused. Most of the officials receiving guilty verdicts were members of the National Army. As the second instance, the Office of the Prosecutor issued 31 decisions, 15 of which were decisions against the accused.
By virtue of sentence C-358 of 1997, 317 processes involving members of the Military Forces were remanded from Criminal Military Justice to Ordinary (Civil) Justice, 242 of which are currently being processed in the ordinary courts. |
