362. With regard to measures taken to protect those whose human rights were
threatened, the representative said that significant steps had been taken to
protect judges and witnesses, who had previously been faced with the choice of
submitting to threats or risking their lives. Among measures taken to that
effect were the creation of a 3,600 strong-protection team and the holding of
training seminars for judges in defence techniques. Judges were currently
concentrated in five cities. The most effective way of protecting them was
the system of anonymity, whereby their identity was not known by the parties
or the defence lawyer. That system had, however, one major drawback in that
it impinged on the guarantee of a fair trial. Colombia was facing the
difficult problem of striding a balance between the need to combat organized
crime, on the one hand, and the need to ensure the enjoyment of fundamental
rights, on the other. The current relatively low incidence of abuses and the
decline in the number of reports of torture or disappearances demonstrated
th&t the measures adopted were yielding positive results.
363. Responding to specific questions relating to the armed forces, the
representative explained that the new Constitution had changed the status of
the military. The position of Minister of Defence was now being held by a
civilian, who was accountable to the Congress and who had a constitutional
obligation to train members of the armed forces in human rights matters. The
armed forces had currently no legal authority over civilians and the internal
investigation services of the armed forces were prohibited from having any
jurisdiction over civilians, even during states of emergency.
364. Concerning the views adopted by the Committee under the Optional Protocol
with regard to Colombia, the representative explained that they related mostly
to situations that had now been overtaken by the new constitutional changes.
Under the new Constitution, administrative detention was no longer allowed and
all detainees had to be brought before a judge within 36 hours.
Kiaht to life, treatment of prisoners and other detainees, liberty and
security of the person and right to fair trial
365. In connection with those issues, members of the Committee wished to
receive further information on measures taken to investigate cases of
disappearances, extrajudicial executions or torture, to punish those found
guilty and to prevent the recurrence of such acts. They also wished to know
whether there had been any changes to the rules and regulations governing the
use of firearms by the police and security forces; whether there had been any
violations of these rules and regulations and, if so, what measures had been
taken to prevent their recurrence; what the current rate of infant mortality
was; how the infant mortality rate among the ethnic groups was as compared
with that of the general population; what concrete measures had been taken by
the authorities to ensure the strictest compliance with article 7 of the
Covenant; whether confessions or testimony obtained under torture could be
used in court proceedings; what arrangements had been made for the supervision
of places of detention and for receiving and investigating complaints; what
guarantees there were for the independence and impartiality of the judiciary;
what measures had been adopted to prevent intimidation of members of the
judiciary; what legal and administrative provisions governed tenure, dismissal
and disciplining of members of the judiciary; and whether there were any
judges who performed their functions anonymously.
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