Distr.
GENERAL

CCPR/C/79/L/COL
22 August 2003

ENGLISH
Original: SPANISH
List of Issues : Colombia. 22/08/2003.
CCPR/C/79/L/COL. (List of Issues)

Convention Abbreviation: CCPR
HUMAN RIGHTS COMMITTEE
Seventh-eighth session



LIST OF ISSUES TO BE TAKEN UP IN CONNECTION WITH
THE CONSIDERATION OF THE FIFTH PERIODIC REPORT
OF COLOMBIA (CCPR/C/COL/2002/5),

adopted by the human rights committee on 21 july 2003

Constitutional and legal framework within which the Covenant is implemented (art. 2)


1. Please explain how the constitutional reforms proposed in draft act No. 223 on combating terrorism can be reconciled with the International Covenant on Civil and Political Rights. In this context, please clarify whether the entry into force of the aforementioned act would mean that some of the measures adopted during the state of internal commotion, such as the provisions contained in Decree No. 2002 of 2002, which were declared unconstitutional, would be turned into permanent legislation.

2. Please clarify whether Decree No. 128 of 2003 bars a person who has committed war crimes or crimes against humanity and who has not been tried or sentenced by the courts from benefiting from something that is contrary to international obligations, such as an amnesty or pardon based solely on the decision of a non-judicial organ such as the Comité Operativo para la Dejación de las Armas (CODA).

3. Please provide details of the contents of the bill to reform the justice system, which was submitted to Congress in October 2002. What constitutional limitations on amparo proceedings (acción de tutela) are provided under the reform bill?

4. Please indicate what steps the State party has taken to combat and put an end to paramilitarism and to ensure that the alleged ties between members of paramilitary groups and State security officials are severed. In this context, please supply statistics on the number of members of paramilitary groups and State security officials who have been tried and sentenced for promoting, leading, participating in, supporting or financing paramilitary activities and the type of sentences they have been given. Please also indicate the number of members of State security bodies who have been suspended from duty or dismissed on account of being charged with activities of this kind.

5. What steps has the State party taken to ensure compliance with the views and recommendations adopted by the Committee under the Optional Protocol to the Covenant? In this context, please indicate whether Act No. 288 of 1996 provides for compliance with only those decisions of the Human Rights Committee that meet the prerequisites of fact and law established in the Constitution and in applicable international agreements.


Equality of rights between men and women; principle of non-discrimination;

and protection of the family and children (arts. 3, 23, 24 and 26)


6. The periodic report of the State party refers to various measures that have been taken to eliminate and punish domestic violence (paras. 825-850). Does the State Party consider that these measures have been effective? What means does the State Party have to monitor compliance with such measures? Has the number of victims decreased in recent years?

7. Please provide information on the measures that have been taken to improve the situation of women's sexual and reproductive rights, in particular with a view to halting the increase of illegal abortions. In addition, please indicate whether or not the new Penal Code continues to punish abortion performed in cases of rape and for medical reasons.

8. Bearing in mind the existence of sexual or gender-based violence in Colombia, how is the reduced number of sentences for crimes of this kind to be explained?

9. Please provide precise information on the economic resources that have been made available to implement the many programmes mentioned in the State party's periodic report, for the benefit of women, children, ethnic minorities and internally displaced persons.


States of emergency (art. 4)

10. The Government of Colombia has reportedly stated, on a number of occasions, its intention to limit the powers of the Constitutional Court, eliminating its right to rule on the legality of emergency legislation. Please comment on these statements.

Right to life, liberty and security of person;

prohibition of torture (arts. 6, 7 and 9)


11. According to information received by the Committee, the Government has announced its plans to recruit numerous "peasant soldiers" to take part in combat against guerrilla forces while continuing to live within their own communities. If this information is correct, please indicate the rank and training that these peasant soldiers will receive and the type of disciplinary or criminal procedures to which they will be subjected. Also, please explain how the State party would guarantee the protection of the civil population and respect for the principle of the distinction between civilians and combatants.

12. Please provide information on the number of investigation procedures and criminal proceedings that have taken place for extrajudicial executions (massacres and individual murders), by whom they were carried out and the results of those procedures.

13. Please provide information on whether the State party has created a network of informers and collaborators among the civilian population in order to gather confidential information on illegal armed groups, with a view to transmitting such information to the security forces. If so, what safeguards exist to ensure that such information will be correctly evaluated before it is used? What type of controls would these groups be subject to? Would they be authorized to bear arms?

14. Please provide detailed statistics on the application of crimes relating to forced disappearances, forced displacement and genocide incorporated into the new Penal Code (paras. 214 and 215). In particular, please indicate the number of reports of crimes of this kind, the results of the investigation procedures and criminal proceedings and the compensation paid to the victims.

15. Please indicate what steps have been taken to deal with so-called "social cleansing" operations, which target children, homosexuals, prostitutes and petty delinquents.


Right to trial with due guarantees, independence of the judiciary (art. 14)

16. Please indicate the kind of restructuring that has been carried out in recent years in the Office of the Public Prosecutor, with particular reference to the decentralization of the Human Rights Unit through the establishment of units at the regional level. In addition, please explain the reasons for these changes, particularly since the State party's periodic report refers to the important advances of this institution in combating human rights violations (paragraph 143 of the report).

17. Please explain what specific measures the State party has taken to provide the Human Rights and International Humanitarian Law Unit of the Public Prosecutor's Office with the material and human resources necessary to allow it to intensify its work and ensure the safety of its members.

18. Please clarify the allegations (reports) of cases in which prosecutors belonging to the Human Rights and International Humanitarian Law Unit have been dismissed by arbitrary decision of the Public Prosecutor.

19. Please indicate whether the State party has concrete plans to submit a bill to Congress establishing a career structure for officials and employees of the Office of the Public Prosecutor. If so, please indicate the content of the bill.

20. Please clarify whether or not the Public Prosecutor's Office has declared itself incompetent in favour of military criminal justice in specific cases of serious violations of human rights and international humanitarian law, such as the Santo Domingo, Pueblorrico and Mapiripán massacres. If so, please explain the reasons for such declarations.

21. Please clarify whether or not the Ombudsman's Office has adequate funding and the necessary political support to carry out its work.


Freedom of expression and association; right to vote and to be elected

(arts. 19, 22 and 25)


22. In the report of the Special Representative of the Secretary-General on human rights defenders on her mission to Colombia in October 2001, the Special Representative expresses concern at "certain practices used by the police and the army against human rights defenders, in particular the keeping of intelligence files containing false information about human rights defenders and the tapping of telephones of NGO offices" (see E/CN.4/2002/106/Add.2). Please comment.

23. Please comment on the statements made by the Special Representative of the Secretary-General on human rights defenders on the tendency of State and army officials to violate Presidential Directive 07, entitled "Defending the defenders", by using irresponsible rhetoric against human rights defenders, who are often accused of collaborating with the guerrillas. In addition, please indicate whether any programme of periodic meetings between the Government and human rights defenders has been established with a view to receiving their concerns and taking action and measures to protect and prevent the violation of their rights.

24. Please indicate what measures have been taken by the State party to guarantee the free exercise of political rights by voters and political parties during the elections held in 2002.


Rights of minorities (art. 27)

25. Please explain what recent measures the State party has taken to guarantee that the indigenous and Afro-Colombian communities are represented in the three branches of State power.

26. Please indicate whether specific measures have been adopted to protect the leaders, defenders and other members of the indigenous or Afro-Colombian communities against possible violations of their civil and political rights, particularly the right to life and not to be discriminated against for racial reasons.

27. What steps has the State party taken to guarantee that consultations with representatives of the indigenous and Afro-Colombian communities are held in connection with development and resource exploration programmes on land subject to the property rights of those communities?


Dissemination of the Covenant and the Optional Protocol

28. Please indicate what measures have been adopted to disseminate information on the submission of reports and their consideration by the Committee and, in particular, on the Committee's concluding observations.

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