The Committee against Torture today concluded its consideration of the sixth periodic report of Colombia, with a Committee Expert welcoming the prohibition of amnesty for public officials accountable for past abuses, and raising questions about reports of law enforcement officials’ use of lethal force in response to social protests and about prison strikes.
Claude Heller, Country Co-Rapporteur for the report of Colombia and Committee Chair, said the State party’s report was particularly relevant given the events that had unfolded since November 2016, when the Final Peace Agreement between the Government and the Revolutionary Armed Forces was signed, ending an armed conflict that had continued since 1948 and had led to the deaths of millions of people. Mr. Heller welcomed the implementation of the law that prohibited the granting of amnesty to State officials that had committed serious infractions, and progress made to hold former leaders of the National Liberation Army and the military accountable for past abuses. How many cases were being heard?
Mr. Heller noted that law enforcement officials had been accused of committing serious human rights violations in reaction to the largely peaceful protests that had taken place in Colombia since the social crisis that began in 2019, including people killed or injured by bullets. At protests held on 28 April 2021, 46 protesters were killed. There were reports of indiscriminate use of tear gas and lethal weapons by the Mobile Anti-Riot Squadron of the National Police and the National Army. Mr. Heller asked how the State had responded to these incidents.
Further, Mr. Heller cited reports of strangling tools and other lethal weapons such as pepper spray used in prisons in response to strikes by prisoners in 2020 regarding COVID-19 response measures. There were also reports that incommunicado detention was carried out in undignified conditions. Twenty-four people had died in an uprising in La Modelo related to COVID-19 measures. Had investigations into the incidents taken place?
Introducing the report, Elizabeth Taylor Jay, Deputy Minister of Multilateral Affairs of the Ministry of Foreign Affairs of Colombia and head of the delegation, said the Government was working to implement the Final Peace Agreement and its transitional justice framework. A special committee for peace had been established to investigate crimes committed by law enforcement officers and civilian third parties. The committee was identifying perpetrators, who under State legislation did not benefit from amnesty if they committed torture, extrajudicial killings or other serious crimes against humanity. Such crimes were tried in criminal courts.
On the social protests, the delegation said there had been thousands of different public protests occurring since 2019. The Ministry of the Interior had created a national system to respond to protests peacefully and prevent violence through dialogue. The General Prosecutor’s Office had identified victims of murders during social protests and the perpetrators, many of whom were police, and had issued arrest warrants against these individuals. An overhaul of the Mobile Anti-Strike Police was also underway, and a manual for addressing protests with appropriate force had been developed for this unit.
The delegation also said the State had charged seven prison officials with torture related to the event occurring at the La Modelo prison. In another event at a different prison, 57 inmates were killed when a prison official threw a smoke grenade that had caused a fire. The officials responsible were held judicially accountable in this case.
Mr. Heller, in concluding remarks, said that Colombia was in the process of change. It was adopting a human rights policy that addressed both the past and the present. The Committee was entrusted with overseeing the State’s implementation of the Convention, and would develop concluding observations based on the information provided in the dialogue towards improving this implementation.
Gustavo Gallón, Permanent Representative of Colombia to the United Nations Office at Geneva, in concluding remarks, said Colombia was undertaking reform to make the national police service more transparent and effective, and to improve conditions in prisons, including through the ratification of the Optional Protocol to the Convention. The State was also working to address historic violations of human rights and to improve the quality of life of its citizens. Mr. Gallón said Colombia welcomed the concluding observations of the Committee, and was ready and willing to implement them.
The delegation of Colombia consisted of representatives from the Ministry of Foreign Affairs; Presidential Advisor for Human Rights and International Affairs; Presidential Youth Counsel; Special Jurisdiction for Peace; Office of the Attorney General; Search Unit for Missing Persons; Unit for Comprehensive Attention and Reparation to Victims; National Protection Unit; National Penitentiary and Prison Institute; National Institute of Legal Medicine; Ministry of the Interior; Ministry of Justice and Law; Colombian Institute of Family Welfare; Human Rights Commissioner for the National Police; and the Permanent Mission of Colombia to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Colombia at the end of its seventy-sixth session on 12 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Thursday, 20 April at 3 p.m. to continue its examination of the second periodic report of Brazil (CAT/C/BRA/2).
Report
The Committee has before it the sixth periodic report of Colombia (CAT/C/COL/6).
Presentation of Report
ELIZABETH TAYLOR JAY, Deputy Minister of Multilateral Affairs of the Ministry of Foreign Affairs of Colombia and head of the delegation, said Colombia was committed to guaranteeing human rights in the country. The goal of the Government was to make Colombia a global power, focusing on empowering women, building an economy based on human rights, and achieving total peace. The administration was committed to guaranteeing freedom of speech, personal safety and all human rights, and to protecting its citizens from torture and other cruel and degrading treatment. There could be no repetition of the practices of the past. State authorities could no longer be complicit to torture.
Colombia’s foreign policy aimed to achieve sustainable development and promote and protect democracy and multilateralism. The State was commencing negotiations with new actors that were part of the armed conflict. There had been more than nine million victims of the armed conflict. The State party was building a plan of action on women, peace and security, addressing gender matters tied to the armed conflict. It had ratified numerous international instruments and removed several reservations to those instruments to bolster guarantees of human rights. Colombia had developed a draft law allowing for the ratification of the Optional Protocol of the Convention. The draft law was a step toward preventing torture and guaranteeing reparation for victims. The State party would continue to work with civil society and the judicial branch to fully comply with the Convention and its Optional Protocol.
The Government was also working to overcome problems in jails. It had developed a draft law for the modernisation of the jail system. The law also aimed to reduce recidivism and promote the incorporation of former convicts into society. An information system had also been developed to record information on all those deprived of liberty. The system had information on the 125 detention centres in the State. The goal of the system was to improve and monitor the situation in detention centres. Anyone who had interest could access this information. Prisoners received medical examinations upon being detained. These allowed the State to identify acute and chronic conditions such as drug addiction, gender identities, disabilities, pregnancy and other conditions and respond to those conditions appropriately. Training of civil servants working in penitentiaries was a priority. A human rights workshop was held that addressed the use of force in penitentiaries, and other training was provided on the Convention, human rights in general, the Nelson Mandela rules, principles for the use of force and negotiation methods.
The Government was working hard to eradicate banned practices by State officials and to provide victims with reparations. The Ministry of National Defence had strengthened training programmes for public security forces, allowing for these forces to become aware of the rights of minorities such as indigenous and Roma populations. Some 23,000 members of the security forces had been trained in this framework.
Since 2012, the Unit for Comprehensive Reparation and Care for Victims had provided care for victims of the conflict. It worked to provide land and support access to income, education and health for victims, as well as restore the dignity of victims through reparation programmes conducted in collaboration with civil society. Another unit provided psychosocial support for victims, helping them to rebuild their lives. From 2019 to 2022, some 2,000 victims of the armed conflict had been supported by restitution programmes.
The Government was working to implement the Final Peace Agreement. The delegation would report on the process of peace negotiations. The Government supported the transitional justice framework established under the 2016 Agreement. A special committee for peace had been established to investigate crimes committed by law enforcement officers and civilian third parties. The committee was identifying perpetrators, who under State legislation did not benefit from amnesty if they committed torture, extrajudicial killings or other serious crimes against humanity. Such crimes were tried in criminal courts.
Structural solutions were needed to address the problems that Colombia had faced for decades. The Government was committed to obtaining complete peace through key initiatives such as the implementation of the Final Peace Agreement. Violence and armed conflict disproportionately affected minority groups. This needed to be addressed. Social justice also needed to be strengthened to allow civilians to protect themselves. The State party pledged to follow through with the concluding observations of the Committee to work to eradicate torture.
Questions by Committee Experts
CLAUDE HELLER, Committee Chair and Country Co-Rapporteur for the report of Colombia, welcomed the delegation’s willingness to address the problems that Colombia faced, issues that would not be solved overnight. The State party’s report was particularly relevant given the events that had unfolded since November 2016, when the Final Peace Agreement between the Government and the Revolutionary Armed Forces was signed, ending an armed conflict that had continued since 1948 and had led to the deaths of millions of people. The Government faced numerous challenges in implementing the Agreement, given its multidimensional content and the national context of high inequality. The creation of 16 new special transitional peace constituencies, the political participation of victims from the areas most affected by the armed conflict, and advances in transitional justice mechanisms were also positive steps forward.
However, there had been an increase in violence in rural areas and in some urban centres that had had a negative impact on disadvantaged indigenous, poor and Afro-descendant communities. Seven million members of these communities, or 15 per cent of the total population, reportedly lived in areas under the control of armed groups.
Comprehensive agrarian reform and a new approach to drug policy were needed to address the underlying causes of conflict and redress historical inequalities. The new Government, elected in 2022, had pushed for the resumption of negotiations with the National Liberation Army, Latin America’s oldest guerrilla group, as well as with more than a dozen armed or illegal groups. There were plans to establish a commission to qualify the type of organizations with which a political dialogue would begin. The Government had proposed offering judicial clemency, economic incentives and the reduction of military operations to armed groups that joined peace agreements. It was positive that, at the end of last December, President Petro announced a unilateral ceasefire with five non-State armed groups and criminal organizations. Talks between the National Liberation Army and the Government had also resumed in New Mexico with the support of various States and the United Nations. However, the Committee was concerned about acts of violence perpetrated against the armed forces by the National Liberation Army. The Committee called on the parties to the conflict to continue their efforts to advance peace negotiations. On 21 March 2023, the ceasefire with the Clan del Golfo was suspended for its violent actions in a mining strike in Antioquia, having committed murders and acts of torture.
In the List of Issues Prior to Reporting, the Committee identified three outstanding issues in its previous concluding observations: excessive use of force by law enforcement officials and military personnel, conditions of detention in prisons, and reparation for victims of torture and ill-treatment. Confinement due to the COVID-19 pandemic response had led to new crimes of torture being committed in detention facilities during the reporting period, and State officials had used excessive force in response to social mobilisations in the period 2019-2021, committing acts of torture and ill-treatment.
In 2022, the United Nations Verification Mission verified the killing of 52 former Revolutionary Armed Forces members, bringing to 355 the number of killings of former combatants since 2016. In addition, there were 110 attempted murders and 27 disappearances. In 2022, 115 children were recruited by non-State armed groups, some being killed and others subjected to sexual violence; 16,283 minors had been recruited between 1990 and 2017. Non-State armed groups were responsible for serious human rights violations against civilians, including killings, summary executions, torture, child recruitment and rape. As of 2022, more than 123,000 people were displaced. The security forces and judicial authorities had not yet been able to effectively protect the population, nor to dismantle irregular armed groups; 103 security force members reportedly died due to actions by criminal organizations and non-State armed groups in 2022. The Office of the High Commissioner for Human Rights had verified 92 massacres in 2022, registering 321 victims.
Colombian legislation established an “indeterminate” subject, which allowed the act of torture to be punished not only when it was committed by an agent of the State, but also when it was committed by private individuals. Had any investigations been carried out into cases of torture by private individuals? Was cruel, inhuman or degrading treatment criminalised under Colombian law?
The Protection and Assistance Programme offered specific measures to guarantee the life and integrity of prosecutors in the face of threats and aggression. Such measures were offered to 138 judges and 54 magistrates in 2018. What was the number of cases of aggressions against prosecutors and their consequences?
The Committee welcomed the draft bill that aimed to ratify the Optional Protocol to the Convention. This was a significant step forward. However, ratification could not take place right away. Colombia’s Ombudsman, which had “A” status, conducted visits to prisons to assess situations of detention. Could the Ombudsman operate as an interim national preventative mechanism while the Optional Protocol was being ratified? Did the State plan to recognise the Committee’s competence to consider individual communications?
The military criminal jurisdiction was responsible for punishing conduct committed by members of the security forces. However, under the decision of the Constitutional Court of February 2016, crimes of torture could not be dealt with by the military criminal jurisdiction. How many cases of torture had been transferred from the military to the ordinary criminal jurisdiction? How many criminal investigations into the crime of torture were underway, and how many convictions had been handed down? What methodology was used for documenting these cases? What measures were in place to apply the Istanbul Protocol to alleged victims of torture? How could prisoners access the independent complaint mechanism, the Colombian Committee for the Prevention of Torture? How did the delegation respond to claims about the lack of independence of this committee?
More than 50 per cent of alleged crimes of torture occurring between 2019 and 2021 were committed by State authorities. How many investigations into such allegations were underway?
There were concerns about 2016 legislation that allowed police to break up demonstrations. The Government reportedly repressed strikes in Buenaventura and Chocó with excessive force and carried out arbitrary arrests. Law enforcement officials had been accused of committing serious human rights violations in reaction to the largely peaceful protests that had taken place in Colombia since the social crisis that began in 2019, including people killed or injured by bullets. At protests held on 28 April 2021, 46 protesters were killed. There were reports of indiscriminate use of tear gas and lethal weapons by the Mobile Anti-Riot Squadron of the National Police and the National Army. How many investigations were carried out on acts of violence reported in 2019 and 2021 and trials held as well as the corresponding convictions? Eleven people had also died in 2021 in a military operation in the Department of Putumayo. What criminal investigations into this incident were underway?
The Office of the High Commissioner for Human Rights had documented 110 cases of people detained in connection with the national strike protests in 2021. Could information on investigations of such detainments as well as the 46 deaths occurring in the national strike be provided? Had protocols on the use of force and lethal weapons been reviewed? Had internal control mechanisms been established to guarantee strict compliance with international standards? What reforms of the police service were planned?
There were reports of strangling tools and other lethal weapons such as pepper spray used in prisons in response to strikes by prisoners in 2020 regarding COVID-19 response measures. There were also reports that incommunicado detention was also carried out in undignified conditions. Twenty-four people had died in an uprising in La Modelo related to COVID-19 measures. Had an investigation into the incident taken place? There were also reports of overcrowding in prisons and ill-treatment of women and indigenous peoples. What response measures to these issues were in place?
Regarding the peace process, Mr. Heller welcomed the implementation of the law that prohibited the granting of amnesty to State officials that had committed serious infractions. A parole system for civil servants was being considered. Was there oversight for the system? The State needed to promote a greater presence of law enforcement in certain areas of the State to tackle ongoing violence. The Committee appreciated the progress made to hold former leaders of the National Liberation Army and the military accountable for past abuses. How many cases were being heard? Reparations had been ordered by the Inter-American Court of Human Rights regarding sexual violence against a journalist, and the Committee urged Colombia to implement this ruling.
Mr. Heller said paramilitary groups continued to commit crimes against the population. These groups had strong ties to drug trafficking. This was an issue that the State needed to address in a greater capacity. The Total Peace Plan was ambitious. How had this process developed? What progress had been made in securing ceasefires? The Prosecutor’s Office had voiced complaints about the interruption of amnesty agreements. How had the State responded?
The United Nations Office on Drugs and Crime had noted a 40 per cent increase in illicit drug production since 2021 in poor regions of the State. Addressing the drug trade was vital to securing peace. This required a new approach and an international focus. What new initiatives was the State implementing to tackle the drug trade?
Colombia hosted more than 2.5 million refugees from Venezuela, and in 2021, the State granted temporary protection to 1.4 million Venezuelans. Did the State intend to revise domestic legislation to allow asylum seekers to access refugee status to prevent their deportation to places where they were at risk of becoming victims of torture? Did temporary protection guarantee the right to access residency and work? Was there a cooperation system in place to support Venezuelans in Colombia? Many Venezuelans had fallen victim to abuse on the migration route to the United States. What protections were in place for migrants on these routes?
The report cited the creation of the national commission for the guarantee of security, a welcome development. However, attacks against human rights defenders continued to be an issue. Over 10,000 human rights defenders had reportedly been murdered since 2016. How was the State facing this situation? How many investigations were underway and what were their outcomes? Was the State considering reforms to provide enhanced protection for human rights defenders and civil society leaders, such as an early response programme?
ERDOGAN ISCAN, Committee Rapporteur and Country Co-Rapporteur for the report of Colombia, said that the Committee had been following developments regarding the implementation of the Peace Agreement of 2016. It was pleased to hear commitments from the delegation to ratifying the Optional Protocol and to ratifying international human rights conventions. The Secretary-General had commended the progress of peace negotiations in spite of the difficult security situation. Consolidating peace depended on the full implementation of the Peace Agreement and the efforts of the authorities to curb ongoing violence in conformity with international law.
The periodic report was submitted almost four years ago. Since that time, important developments had taken place that had repercussions on the implementation of the Convention.
Colombia was required to exercise universal jurisdiction regarding crimes of torture, and to make torture an extraditable offence. The Committee noted bilateral and multilateral treaties establishing extradition procedures. Were acts of torture considered as universal crimes?
