OEA/Ser.L/V/II.84 Doc. 39 rev. 14 October 1993 Original: Spanish SECOND REPORT ON THE SITUATION OF HUMAN RIGHTS IN COLOMBIA TABLE OF CONTENTS INTRODUCTION CHAPTER I THE ON‐SITE VISITS OF THE IACHR TO COLOMBIA 1990‐1992 CHAPTER II THE VIOLENCE PHENOMENON CHAPTER III THE POLITICAL AND LEGAL SYSTEM IN COLOMBIA CHAPTER IV THE RIGHT TO A FAIR TRIAL CHAPTER V RIGHT TO PERSONAL LIBERTY CHAPTER VI THE RIGHT TO PERSONAL SECURITY AND HUMANE TREATMENT CHAPTER VII THE RIGHT TO LIFE CHAPTER VIII THE RIGHT TO FREEDOM OF ASSOCIATION AND TO FORM AND JOIN UNION CHAPTER IX FREEDOM OF THOUGHT AND EXPRESSION HOW THE ACTIVITIES OF IRREGULAR ARMED GROUPS AFFECT HUMAN RIG CHAPTER X IN COLOMBIA CHAPTER XI THE RIGHTS OF INDIGENOUS PEOPLE IN COLOMBIA CONCLUSIONS AND RECOMMENDATIONS 1 PURL: https://www.legal-tools.org/doc/c3151a/ RESOLUTION APPROVING THE SECOND SPECIAL REPORT ON THE SITUATION OF HUMAN RIGHTS IN COLOMBIA WHEREAS: At its 78th session, held in Washington, D.C., September 24 through October 5, 1990, the Inter‐American Commission on Human Rights considered the invitation that the Government of Colombia had extended in response to a request from the Commission to conduct an on‐site visit to observe and investigate the human rights situation in that country; At that session, the Commission designated a Special Committee to make a preparatory visit, which visit occurred in the first week of December 1990; by mutual agreement with the Colombian Government, that preparatory visit was followed by a second on‐site visit in May 1992; The reports that the Special Committees produced as a result of those visits were presented to the full membership of the Commission at its 83rd session; after examining the reports, the Commission approved the Second Special Report on the Situation of Human Rights in Colombia at its meeting of March 12, 1993, which was then sent to the Government on April 30, 1993, so that it might make whatever comments it deemed pertinent; By a note dated August 3, 1993, the Government of Colombia sent the Commission its observations and comments on the report; During the 84th session, held in October 1993, the Commission examined the Colombian Government's observations and comments on the Special Report on the Situation of Human Rights in Colombia, in order to decide whether to publish the report, and The formalities required under Chapter V, Article 62 of the Commission's Regulations concerning preparation, processing and publication of special reports have been discharged, THE INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS RESOLVES: 1. To approve the Second Special Report on the Situation of Human Rights in Colombia, OEA/Ser.L/V/II.84, doc. 39, October 14, 1993. 2. To publish the above‐entitled report. 3. To report this decision to the Government of Colombia. 2 PURL: https://www.legal-tools.org/doc/c3151a/ CHAPTER I THE ON‐SITE VISITS OF THE IACHR TO COLOMBIA 1990‐1992 A. VISIT BY THE SPECIAL PREPARATORY COMMISSION, DECEMBER 1990 Subsequent to the on‐site visit made in 1980, the Commission never again had an opportunity to return to Colombia. As an international body it must have either an invitation or permission, and it had neither until 1991. Nevertheless, it has been vigilant in its observation of and concern for the human rights problem in Colombia. On April 13, 1989, during the Commission's 75th session, the Government of Colombia, under the administration of President Barco, invited the Commission to visit Colombian territory to observe the general human rights situation in the country. On April 25, 1989, the Commission, through its Executive Secretariat, sent the Government of Colombia its reply proposing October of that year as the date for the on‐site visit. Later, on July 10, 1989, the Colombian Government informed the Commission that while its invitation was still open, it would prefer that the Commission consider a visit sometime in the first quarter of 1990, citing as its reasons, inter alia, the peace negotiations with the M‐19 movement and the start of the sessions of the National Congress that would debate the constitutional amendment. This communication was brought to the Commission's attention during its 76th session. There, the Commission members agreed to change the date of the visit and to suggest March 1990 as a suitable date for the on‐site visit. In answer to that suggestion, on December 15, 1989, the Colombian Government told the Commission that general elections for the deliberative bodies were scheduled for March 1990 and the presidential elections for May. Given that fact, the Government felt that it might be best to consider some other date. This message was conveyed to the Commission during its 77th session in May 1990. It decided to discuss this topic again at its next session in September of that year. Given the very serious human rights situation in Colombia and the fact that though the invitation was still open the Government, citing a variety of reasons, had not yet specified a date, the Commission decided as follows: To propose to the Colombian Government that the on‐site visit be conducted in March 1991 and that at the end of that visit a special report be prepared. Should the Government disagree with the suggested date or fail to set an alternative date immediately, the Secretariat would, using the information it had at hand, prepare a report to be examined at the 79th session of the Commission; once that report was approved, it would be added to the Annual Report to be submitted to the General Assembly of the Organization. 3 PURL: https://www.legal-tools.org/doc/c3151a/ When the Commission met again for its 78th session, September 24 through October 5, 1990, it considered the standing but not yet finalized invitation from the Colombian Government to make an on‐site visit to the country and suggested that the Government's permission be requested to send a special preliminary and exploratory mission composed of one member of the Commission, accompanied by staff of the Executive Secretariat, to establish direct contact with some government and justice officials and nongovernmental human rights institutions in Colombia. Duly informed of that decision, the Government of Colombia said that it would be pleased to receive the IACHR's preliminary special mission, scheduled for the first week in December 1990. In effect, the Commission's special preparatory visit took place from December 3 through 7, 1990. It consisted of the Chairman of the Commission, Dr. Leo Valladares Lanza, Deputy Executive Secretary David Padilla, and the Secretariat attorney in charge of Colombian matters, Manuel Velasco Clark. The latter had traveled to Colombia some days in advance to make the necessary arrangements for the visit. a. Aspects taken into account during the Special Preparatory Commission's visit With the problems of obtaining an invitation from the Colombian Government behind it, the Special Preparatory Commission knew that the success of its efforts could depend on the recommendations it made to the new Colombian Government regarding fulfillment of its international commitments, in order to secure specific measures to protect human rights. It also intended to learn what measures government officials were considering to improve the existing situation and what the NGOs thought of this issue, of the present situation and of the cases before the Commission. At the time of this preliminary visit, Colombia was enmeshed in a complex crisis, much of it caused by the many violent elements and causes of violence within Colombia. Impunity was also a problem, and was the result of an ineffectual judicial system. While the major cause of the impunity problem were the threats and intimidation that these violent elements targeted at the members of the judiciary, there were other causes as well: the judiciary did not have sufficient resources and lacked properly trained personnel; there were no guarantees for magistrates and their families; no sweeping, in‐depth reform was undertaken to make investigations rapid, effective, and impartial and to punish the guilty. Another potential source of human rights violations and a reason why crime went unpunished were the military courts, which State security agents used to keep those who participated in criminal acts from being prosecuted by the regular courts. Finally, the Special Preparatory Committee wanted to apprise itself fully of the special laws that took effect in a state of emergency. This system of laws, which had become much broader, appeared to be causing and in many cases even legitimizing many abuses. Apart from examining the situation of human rights in Colombia and conveying to the Government its serious concern over the existing situation, the Special Preparatory Commission also planned to request information and practical findings on certain cases that were being processed with the Commission and to fill in gaps in the information that the Executive Secretariat of the Commission in Washington had in its possession. 4 PURL: https://www.legal-tools.org/doc/c3151a/ The Special Preparatory Commission was also conscious of the special situation in Colombia at the time: the latter was in the process of amending its constitution and installing a constitutional assembly in which various sectors of society participated. This was an opportunity for the Committee to give the Government of President Gaviria some substantive suggestions, as he had repeatedly stated his commitment to the human rights cause. b. Activities of the Special Preparatory Commission of the IACHR in December 1990 During its visit to Colombia, the IACHR's special delegation had a heavy program that included interviews, audiences and working meetings with Colombia's leading public officials, representatives of nongovernmental human rights organizations, representatives of petitioners in individual cases and plaintiffs in cases with the IACHR, representatives of various sectors of Colombian society, journalists, those sectors of the church involved with programs to protect and defend human rights and representatives of the International Committee of the Red Cross (ICRC).