This page summarizes cases raised with Colombia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Colombia. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Colombia, Spanish). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 24/11/2011. Case no. COL 10/2011. State Reply: 28/02/2012. Ataque en una residencia de dos personas que podría estar relacionado con su activismo político y de derechos humanos. Joint urgent appeal, 31/01/2012. Case no. COL 1/2012. State Reply: None to date. Presuntas amenazas de muerte contra varios... Continue reading →
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 →
Eleven United Nations human rights experts have called on the Government and the Congress of Colombia to reconsider the proposed reform of the country’s Political Constitution with regard to military criminal law, as the proposal could have serious implications for the rule of law and the enjoyment of human rights in Colombia. “Should this reform be approved, it could seriously undermine the administration of justice for cases of alleged violations of human rights and international humanitarian law, including serious crimes, by military or police forces (Fuerza Pública),” the UN mandate-holders indicated in an open letter made public today. “Such a reform would represent a historic setback in terms of progress achieved by the State of Colombia in the fight against impunity and the respect and guarantee of human rights,” the experts said. “It would send the wrong signal to members of the Fuerza Pública of the consequences of committing human rights and international humanitarian law violations.” The experts noted the fact that the crimes of genocide, crimes against humanity and the crime of enforced disappearances would be excluded from the jurisdiction of military and police tribunals. However, they expressed concern that the proposed changes would expand the jurisdiction of these... 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 →
