COLOMBIA

CCPR

DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT

18 July 1980

The Government, by Decree 2131 of 1976, declared that public order had been disturbed and that all of the national territory was in a state of siege, the requirements of the Constitution having been fulfilled, and that in the face of serious events that disturbed the public peace, it had become necessary to adopt extraordinary measures within the framework of the legal régime provided for in the National Constitution for such situations (art. 121 of the National Constitution). The events disturbing the public peace that led the President of the Republic to take that decision are a matter of public knowledge. Under the state of siege (art. 121 of the National Constitution) the Government is empowered to suspend, for the duration of the state of siege, those provisions that are incompatible with the maintenance and restoration of public

order.

On many occasions the President of the Republic has informed the country of his desire to terminate the state of siege when the necessary circumstances prevail.

It should be observed that, during the state of siege in Colombia, the institutional order has remained unchanged, with the Congress and all public bodies functioning normally. Public freedoms were fully respected during the most recent elections, both the election of the President of the Republic and the election of members of elective bodies.

*****

11 October 1982

By Decree No. 1674 of 9 June 1982, the state of siege was terminated on 20 June of 1982.

*****

11 April 1984

(Dated 30 March 1984)

The Government of Colombia had declared a breach of the peace and a state of siege in the territory of the Departments of Caquetá, Huila, Meta and Cauca in response to the activities in those Departments of armed groups which were seeking to undermine the constitutional system by means of repeated public disturbances.

Further to Decree No. 615, Decree Nos. 666, 667, 668, 669 and 670 had been enacted on 21 March 1984 to restrict certain freedoms and to take other measures aimed at restoring public order. (For the provisions which were derogated from, see in fine notification of 8 June 1984 hereinafter.)

*****

8 June 1984

(Dated 7 May 1984)

The Government of Colombia indicated that it had, through Decree No. 1038 of 1 May 1984, declared a state of siege in the territory of the Republic of Colombia owing to the assassination in April of the Minister of Justice and to recent disturbances of the public order that occurred in the cities of Bogotá, Cali, Barranquilla, Medellín, Acevedo (Department of Huila), Corinto (Department of Cauca), Sucre and Jordon Bajo (Department of Santander), Giraldo (Department of Antioquia) and Miraflores (Comisaría of Guaviare).

Pursuant to the above-mentioned Decree No. 1038,the Government had issued Decrees Nos. 1039 and 1040 of 1 May 1984 and Decree No. 1042 of 2 May 1984, restricting certain freedoms and enacting other measures to restore public order. The Government of Colombia, in a subsequent communication dated 23 November 1984, indicated that the decrees affected the rights referred to in articles 12 and 21 of the Covenant.)

*****

12 December 1984

(Dated 11 December 1984)

Termination of derogation from article 21.

*****

13 August 1991

(Dated 9 August 1991)

Termination as of 7 July 1991 of the state of siege and of the measures adopted on 1 and 2 May 1984, which were still in force through the national territory.

*****

21 July 1992

(Dated 16 July 1992)

By Legislative Decree No. 1155 of 10 July 1992, which was to remain in force until 16 July 1992, the Government of Colombia declared a state of emergency throughout the national territory.... The state of emergency was proclaimed in order to preserve public order by preventing the cartels responsible for the most serious assaults on public order from evading justice. The prospect of a torrent of releases on parole of persons, many of which "awaiting trial for a wide variety of terrorist activities, ... in addition to the acts perpetrated by the drug-trafficking cartels which might have taken place under the provisions of a newly promulgated Code of Penal Procedure", in disregard of the applicability of special legislation, was causing "serious disturbances of public order".

The provisions of the Pact which were derogated from are articles 12, 17, 21 and 22.

*****

20 November 1992

(Dated 10 November 1992)

By legislative Decree No. 1793 of 8 November 1992 which was to remain in force until 6 February 1993, the Government of Colombia declared a state of emergency throughout the national territory for a period of 90 days.... The state of emergency was due to the fact that "in recent weeks, the public order situation in the country ... has grown significantly worse because of terrorist activities by gorilla organizations and organized crime ... Those criminal groups have also managed to obstruct and evade judicial action because the criminal justice is unable to use military forces as a judicial police organ to gather the necessary evidence".

The provisions of the Pact which were derogated from are articles 12, 17, 21 and 22.

*****

29 March 1993

(Dated 5 March 1993)

In accordance with Legislative Decree No. 261, extension for a period of 90 days from 5 February 1993 until 7 May 1993 of the state of emergency in effect throughout the national territory. The extension was made necessary due to a continuation of the public order disturbances described above. The provisions of the Pact which were derogated from are articles 12, 17, 21 and 22.

*****

27 May 1994

(Dated 6 May 1994))

By legislative Decree No. 874 of 1 May 1994 which is to remain in force until 10 May 1994, declaration of the state of emergency throughout the national territory for the following reasons:

Since November 1993, there has been a significant increase in the number of investigations carried out by the Procurator-General's Office. It has become necessary to take steps to ensure that the efforts made by the Procurator-General's Office to conclude on-going investigations are not hampered through improper situations such as obstructing an agreement, requesting the postponement of formal proceedings, etc.

The large number of cases in which prior circumstances have prevented characterisation within the stipulated time-limit constitutes an unforeseen situation which is generating social insecurity, public anxiety, a lack of trust in the administration of justice and strengthening of the criminal and guerilla warfare organizations committed to disrupting law and order and destabilizing the institutions of government.

In view of the foregoing, measures must be adopted to ensure that the difficulties that have arisen do not affect institutional stability, national security and civil harmony, a judicial emergency must be declared and consequently, transition measures must be adopted in the area of administration and penal procedure.

*****

8 June 1994

(Dated 27 May 1994)

Termination of the state of civil unrest and extension of the applicability of the provisions relating to the judicial emergency. Pursuant to the Decree No. 874 of 1 May 1994 and in exercise of the powers conferred on the Government under article 213 of the Political Constitution, the Government enacted Legislative Decree No. 875 of 1 May 1994, "by means of which a judicial emergency has been declared and measures have been adopted with regard to penal procedure". Because of the declaration of judicial emergency, it was decided to suspend for two months, in respect of cases involving offences under the jurisdiction of regional and National Court judges, the time-limits established for obtaining release on bail.

By means of Decree No. 951 of 10 May 1994, measures were adopted to strengthen the functioning of the justice system.

The Government of Colombia has specified that the provision from which it has derogated is article 9 (3) of the Covenant.

*****

7 November 1995

(Dated 3 November 1995)

By Decree No. 1900 of 2 November 1995, declaration of a State of internal disturbance throughout the national territory for a period of ninety (90) days. The state of internal disturbance by the National Government is justified by the fact that acts of violence attributed to criminal and terrorist organizations have occurred in difference regions of the country and are seriously and manifestly disturbing public order.

*****

25 March 1996

(Dated 21 March 1996)

First notification:

By Legislative Decree No. 1901 of 2 November, the Government limits or restricts fundamental rights or freedoms laid down in the [said] Covenant.

Second notification:

By Decree No. 205 of 29 January 1996, the state of internal disturbance was extended for 90 calendar days, starting on 31 January 1996.

The Government of Colombia has specified that the provision from which it has derogated are articles 17 and 9 respectively of the Covenant.

*****

7 May 1996

(Dated 21 March 1996)

Pursuant to paragraph 3 of Decree No. 0717 of 18 April 1996, the guarantee set forth in article 12 of the Covenant was to be restricted.

The measure was adopted in connection with Decree No. 1900 of 2 November 1995 whereby the state of internal disturbance was declared throughout the national territory (see notification of 7 November 1995 above).

*****

21 June 1996

(Dated 18 June 1996)

First notification:

By Decree No. 777 of 29 April 1996, the state of internal disturbance (proclaimed by Decree No. 1900 of 2 November 1995) was extended for a further period of 90 calendar days, starting on 30 April 1996.

Second notification:

By Decree No. 900 of 22 May 1996, measures were adopted to control the activities of criminal and terrorist organizations in special public-order zones. The provisions of the Pact which were derogated from are articles 9 (1) and 12.

*****

31 July 1996

(Dated 30 July 1996)

By Decree No. 1303 of 25 July 1996, lifting of the state of internal disturbance (proclaimed by Decree No. 1900 of 2 November 1995) and extension of some of the measures instituted by means of Decree No. 1901 of 2 November 1995, Decree No. 208 of 29 January 1996 and Decree No. 777 of 29 April 1996.

*****

13 August 2002

(Dated 12 August 2002)

Transmission of Decree No. 1837 dated 11 August 2002, which declared a state of internal disturbance throughout the national territory, and Decree No. 1838 dated 11 August 2002, which introduced a special tax to meet the necessary expenditure under the country's General Budget to maintain democratic security.

*****

19 November 2002

(Dated 8 November 2002)

Transmission of Decree No. 2555 dated 8 November 2002, which extended the state of internal disturbance declared by Decree 1837 of 11 August 2002 for ninety (90) calendar days, as from 9 November 2002.

*****

25 February 2003

(Dated 12 February 2003)

Transmission Decree 245 of 5 February 2003, concerning the second extension of the declaration of internal disturbance decreed on 5 February 2003 throughout the national territory.

*****

16 October 2008

..., by Legislative Decree No. 3929 of 9 October 2008, a nationwide state of internal disturbance has been declared for 90 days.

*****

31 August 2010

Pursuant to the provision of article 16 of Law No. 137 of 1994 and in keeping with article 4, paragraph 3, of the International Covenant on Civil and Political Rights, I [...] inform you of the issuance of Decree No. 2799 of 2010, "which partially amends Decrees Nos. 2693 and 2694 of 2010".

By means of this measure, a special category of goods excluded from sales tax is temporarily created, with the aim of benefiting those people affected by the situation that led to teh declaration of a social emergency...