In our capacity as Special Procedures mandate-holders of the United Nations Human Rights Council, we would like to express our concern at the possible adoption by the Congress of the Republic of Colombia of Bill No. 85 (Senate) of 20131. This bill aims to restructure and expand the scope of the jurisdiction of military and police courts. In October 2012, we raised similar concerns with regard to Legislative Act No. 2 of 2012, which was subsequently declared unconstitutional by the Constitutional Court of Colombia in its judgment C-740 of 2013. We believe that, if adopted, Bill No. 85 could seriously undermine the independence and impartiality of the judiciary, and extend military jurisdiction to crimes that should fall within the jurisdiction of ordinary criminal courts. Its adoption would also undermine the equal and effective enjoyment of fair trial guarantees, and represent a major setback in Colombia’s long-standing fight against impunity for international human rights and humanitarian law violations. In line with the mandate entrusted to us by the Human Rights Council, we would like to offer our assistance to the Government of Colombia, with a view to ensuring that any reform of the military and police justice builds upon, and does not undermine, the fundamental guarantees enshrined in the... Continue reading →
In our capacities as Special Procedures mandate-holders of the Human Rights Council, we would like to express our concern at the possible adoption by the Congress of the Republic of a project to reform articles 116, 152 and 221 of the Political Constitution of Colombia, with regard to military criminal law. Should this reform be approved, it could seriously undermine the administration of justice in cases of alleged violations of human rights and international humanitarian law, including serious crimes, by military or police forces (Fuerza Pública). We believe that such a reform would represent a historic setback to the progress achieved by the State of Colombia in the fight against impunity and respect and guarantee of human rights. We have noted with serious concern that the constitutional reform project would expand the jurisdiction of military or police tribunals, giving them the power to investigate, process and decide on cases of human rights violations which should be under the authority of the ordinary criminal justice system. For instance, although the current project stipulates that criminal military justice institutions will not have jurisdiction over crimes of genocide, crimes against humanity and the crime of enforced disappearances, this detailed and specific listing of crimes -... Continue reading →
