2. FIGHT AGAINST THE SELF-DEFENSE GROUPS Fighting the self-defense groups, as well as all illegal armed groups, has been a priority for the national Government. This is laid down in the Government's Policy on the Promotion, Respect and Guarantee of Human Rights and the Application of International Humanitarian Law, 1998-2002. Progress in this direction is measured by the performance of the justice administration bodies, and the results achieved by the Armed Forces and the Police in combat operations. Results achieved by the justice administration bodies The results achieved by the justice administration offices in their action against members of self-defense groups are elements of fundamental importance to evaluate the government's efforts to combat impunity. In this respect, attention must be drawn to the work of the Prosecutor General's Office. Its Human Rights Unit has been strengthened, and investigates the violations of human rights and international humanitarian law, which are most serious, or perceived as most serious by public opinion. Its work has resulted in indictments against members of self-defense groups for their participation in human rights violations and infringements of international humanitarian law, including homicides, massacres and formation of vigilante groups. The self-defense groups' high level of participation is to be understood in relation to the criminal categories that fall under the Unit's jurisdiction. Most cases conducted by the Human Rights Unit of the Prosecutor General's Office are cases of homicide, followed by formation of self-defense groups, kidnapping, massacres and threats. The vast majority of cases relating to the formation of self-defense groups started in 1996 and 1997. Those relating to massacres in 1998 and 1999. The Unit's activity focuses on criminal procedures against private individuals suspected of having links with self-defense groups. On 15 November, 2000, 517 restraining measures and 311 indictments had been issued against members of self-defense groups; 309 arrest warrants were in force. The number of individuals arrested went up from 183 in December 1999 to 243 at present. In the past year the Human Rights Unit of the Prosecutor General's Office launched investigations into more than 15 cases of formation of self-defense groups in several regions of the country. In addition to the list of these investigations, and as an illustration, we include a list of some cases conducted by the Human Rights Unit of the Prosecutor General's Office, cases in which those implicated are investigated for crimes including the formation or membership of self-defense groups. As far as effective arrests are concerned, the INPEC informs that by the end of the year 761 members of self-defense groups, or 9.3 per cent of their (8,150) total membership, were in prison.
JUDICIAL
MEASURES TAKEN BY THE HUMAN RIGHTS UNIT OF THE PROSECUTOR
.
ARMED
FORCES AND POLICE OPERATIONS AGAINST MENBERS
OF SELF-DEFENSE GROUP
As regards the cases involving members of the Armed Forces and the Police suspected of having links with illegal groups, the government promotes investigations and is determined to ensure punishment for the members of the Military Forces, the Police or the security bodies who are related to these illegal organizations, or who, through acts or omission, have failed to repress this illegal, irregular form of participation in the armed conflict. At present, out of 931 investigations currently in progress assigned to the Human Rights Unit of the Prosecutor General's Office, 38 concern members of the Army, 6 of the Navy, 4 of the DAS, 2 of the CTI and 37 of the National Police. The number of cases of members of the Armed Forces and the Police linked to procedures for the crime of formation of self-defense groups is small. By the end of November, apart from the cases at trial stage conducted by various authorities, 19 members of the Army, one member of the Navy and 33 of the National Police were involved in investigations by the Human Rights Unit of the Prosecutor General's Office for the crime of formation of self-defense groups. A superficial examination of the action of the Prosecutor General's
Office, and its relationship with the Armed Forces and the Police in
the course of the fight against the self-defense groups, shows that
the heaviest burden is borne by the Technical Investigations Unit, CTI,
and that arrests are made as a result of judicial investigations after
the commission of the crimes. This highlights the importance of the
activities of the Prosecutor General's Office, through the CTI, and
also of the DAS and the National Police, to the making of arrests in
the fight against the self-defense groups, and to all other tasks relating
to the fight against violent individuals and criminals. Results of Armed Forces and Police operations Military and police action against the self-defense groups constitutes
a fundamental reference point for the assessment of the Colombian State's
efforts to combat them. The results achieved in operations allow recognition
to be made of a substantial improvement in the action of the Armed Forces
and the Police in their fight against illegal armed groups, and more
specifically against the self-defense groups. The efforts of the military,
added to those of the Police, have resulted in the arrest of a total
of 852 members of self-defense groups between 1998 and 2000. Another
145 have been killed. Out of these figures, 159 members of self-defense
groups were arrested by the Military Forces and 107 by the National
Police during 2000, up to November. Sixty-seven were killed in military
operations, and 9 in police operations 6. The Police have concentrated
on making arrests. Between casualties and arrests, the self-defense
groups lost 10.5 per cent of their (8,150) units during the year 2000
up to November, as a consequence of Armed Forces and Police operations
against them. This gives an indication of the efforts made by the Armed
Forces and the Police to neutralize the action of these organizations. Although the results of military and police operations do show that the number of casualties inflicted by the Army and the Police on subversive groups is far greater than those inflicted on the self-defense groups, the figures allow an upwards trend to be ascertained in connection with the success of operations against the latter. Furthermore, if one compares the number of casualties inflicted by the Armed Forces and the Police upon the self-defense groups in the past two years with the number of casualties inflicted on subversive groups, the former have increased by 124 per cent, very superior to the 15 per cent of the latter. This demonstrates that the fight against the self-defense groups has been intensified. In the year 2000, up to November, 64 engagements between the Armed Forces / the Police and the self-defense groups took place. Despite all that has been achieved, if one looks at the results of military and police operations as a whole, independently from judicial action, it can be concluded that intelligence gathering needs strengthening in order to prevent the crimes, given the fact that direct confrontation with these illegal organizations is not frequent. The military tactic of the self-defense groups is not to engage in combat with the military forces. Above all, they resort to intimidation and the murder of civilians and public officials. Their principal military target is the civilian population, who they regard as collaborators of the guerrillas. Nevertheless, an increase in the number of engagements between the self-defense groups and the guerrillas has been detected in recent months -12 were recorded in December. At the same time, however, it is clear that direct confrontation with the military forces is not among their plans.
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