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 →
