educational programmes on human rights had been developed, including
compulsory human rights training for all levels of the armed forces. As a
result of all those measures, complaints of torture and disappearances had
dramatically decreased, as had assassinations of political figures, although a
certain level of violence had persisted.
Constitutional and legal framework within which the Covenant is implemented
and the state of emergency
354. With regard to those issues, members of the Committee wished to receive
information on the impact of the adoption of a new Constitution on the status
of the Covenant within the legal system; on the practical consequences of the
lifting on 26 July 1991 of the state of siege; on the rights that had been
derogated from during successive states of siege which had ended on
7 July 1991; on the basis under the new Constitution for ensuring conformity
with article 4, paragraph 2, of the Covenant; on measures taken to combat
"death squads", paramilitary groups and private militia and on how the
significant reduction of sentences mentioned in the report could be reconciled
with the purpose of those measures; and on follow-up action taken as a result
of the views adopted by the Committee under the Optional Protocol with regard
to Colombia.
355. In addition, it was asked how contradictions between domestic legislation
and the Covenant, if any, were resolved; whether a provision of the Covenant
could be directly invoked before the courts; why the new Constitution did not
prohibit discrimination on the grounds of colour, religion or property; why
only 61 of the 622 members of the armed forces accused of involvement in
paramilitary activities had thus far been punished; and whether Colombia was
considering acceding to the Protocols I and II Additional to the Geneva
Conventions of 1949. Further information was also sought on the remedy of
frutela; on the status, organization and activities of the judicial police; on
measures taken against the de facto and de jure impunity of the armed forces
and the police; and on article 91 of the Constitution, according to which
obedience to an order given by a superior could constitute a defence if the
order had been given and carried out in the line of duty.
356. With regard to article 4 of the Covenant, further information was sought
on the new constitutional arrangements relating to the introduction of a state
of emergency, and it was asked whether the circumstances in which a state of
emergency might be declared could be challenged before the Supreme Court.
357. In his reply, the representative of the State party said that the new
Constitution incorporated all the rights laid down in the Covenant and had
established new mechanisms to ensure rapid and effective compliance with human
rights provisions. The Covenant enjoyed a supralegal status, intermediate
between the law ana the Constitution, and judges were bound to take account of
its provisions when interpreting domestic norms relating to human rights. The
Covenant had been invoked by the Council of States even before 1991 in
numerous cases of torture or mistreatment by the public authorities against
persons deprived of their liberty. In keeping with the provisions of the
Covenant, the new Constitution prohibited discrimination based on race,
religion, colour, family or national origin or sex and constitutional rights
were extended to all, irrespective of their social and economic status.
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