A/HRC/22/45
85.
The second communication concerned outstanding cases but could not be processed
in time for inclusion in the present report.
86.
In the third communication, the Government responded to the urgent appeal
transmitted on 10 May 2012 (see para. 80). In its response, the Government informed that
the Urgent Search Mechanism (Mecanismo de Búsqueda Urgente) was launched, as well as
the methodological registration process in the National Register of Missing Persons (RND);
that Mr. Diaz‘s case was registered under reference number 865686000528201280327. In
addition, the Government provided a list of the steps taken with respect to this case, and
information on a technical match with the remains of those deceased in Colombian
territory, whose bodies were with the Institute of Legal Medicine. The results were
negative. The Government noted that any update on this case would be transmitted to the
special procedures branch.
87.
The fourth communication concerned one outstanding case. The information
received was not considered sufficient to clarify the case.
88.
The fifth communication concerned the general allegation transmitted on 2 October
2012. The information received could not be processed in time for inclusion in the present
report.
Information from sources
89.
Sources provided information on four outstanding cases.
Clarification
90.
Following the expiration of the period prescribed by the six-month rule, the
Working Group decided to clarify two cases.
Total cases transmitted, clarified and outstanding
91.
Since its establishment, the Working Group has transmitted 1,255 cases to the
Government; of those, 68 cases have been clarified on the basis of information provided by
the source, 218 cases have been clarified on the basis of information provided by the
Government, and 969 remain outstanding.
Press release
92.
On 22 October 2012, the Working Group, jointly with 10 other special procedures
mechanisms, issued a press release regarding the proposed reform of Colombia‘s Political
Constitution with regard to military criminal law, and expressed concerns that the proposal
could have serious implications for the rule of law and the enjoyment of human rights in
Colombia. Although the proposed reform would reportedly exclude crimes of genocide,
crimes against humanity and enforced disappearances from the jurisdiction of military and
police tribunals, it could also expand the jurisdiction of these tribunals, giving them the
power to investigate, process and decide on cases of other serious human rights violations,
as well as crimes committed by private security forces, which should be under the authority
of the ordinary criminal justice system and courts. Concern was also expressed that the
preliminary investigation phase, which is essential for the clarification of facts and
responsibilities, could become the responsibility of institutions of military or police
criminal justice. Further concern was expressed that the establishment of a Penal
Guarantees Court, as the control court to deal with any accusation against a member of the
Fuerza Pública, would suggest that the accused was receiving preferential treatment, which
could generate a climate of impunity; and that such a court, which would examine cases
involving military or police personnel exclusively, would suggest the existence of a parallel
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