Sep 18, 2020 | News
Today, the ICJ called upon the responsible authorities to ensure that prompt, transparent, thorough, impartial and effective investigations are carried out of allegations of extrajudicial killings and other serious human rights violations by the Colombian police during recent street protests.
The ICJ stressed that any official responsible should be prosecuted and brought to justice and victims of any violations be provided an effective remedy and reparation.
From 9 September to 10 September 2020, mass protests against serious human rights violations by Colombian police took place in Bogota, following the death of Javier Ordóñez. Ordoñez died in police custody after he had been subjected to severe ill-treatment, including by prolonged taser shock.
The protests were met with acts of unlawful, unnecessary and disproportionate use of force by police. The protests left 13 people dead, and more than 200 injured.
The incidents have been condemned by the Inter-American Commission on Human Rights (IACHR), which pointed to allegations of unlawful detention and ill-treatment of persons arrested following the demonstrations. The UN High Commissioner for Human Rights has also expressed concern at the allegations the use of excessive force during the protests.
According to witness accounts, police opened fire against people who were protesting peacefully. Some of the victims killed were said to be people who had not taken part in the protests and died due to stray bullets. Some videos of police conduct have been circulated on social media.
Similarly, Bogota Mayor, Claudia López Hernández, has affirmed that she had handed over videos of police shooting indiscriminately against people during the protests to the Office of the Attorney General and other authorities. In addition, she shared part of the videos on her Twitter account.
The ICJ recalls that under international standards governing the use of force by law enforcement officials, lethal force may never be used unless strictly necessary to protect life.
The ICJ stresses that investigations must be impartial and the need for investigators to be independent of the police. Equally important, the investigations must take place within the civilian rather than the military justice system.
The ICJ is also concerned at the threats received by human rights lawyers who have been working working to document possible human rights violations during the protests.
Background
The protests were triggered by the death of Javier Ordoñez, who died at a police facility (Comando de Acción Inmediata, CAI), on the early morning of 9 September.
A video shows that before being transferred to the facility, Ordoñez was repeatedly shocked by policemen with a stun gun while on the ground and did not represent any threat to life or safety the police or other persons. Initial results of the investigation, including the autopsy report, indicate that Ordoñez was hit in the head, neck, shoulders, and chest inside the police facility.
On 11 September 2020, the Police and the Ministry of Defence offered an “apology” for any violation of the law that may have been committed by the police, without acknowledging any specific wrongdoing.
Subsequently, on 16 September, the Minister of Defence recognized that Javier Ordóñez was murdered by the police. Although he stated that the Police respect peaceful protests, he also said the protests of September 9 and 10 were a massive and systematic attack against the police.
Along the same lines, on 13 September 2020, the office of the Mayor of Bogotá held a ceremony of “forgiveness and reconciliation”. The ceremony had the participation of some of the victims, who demanded justice.
On 17 September 2020, the Office of the Attorney General filed arrest warrants against two policemen involved in the murder of Ordóñez. The warrants have been granted by a judge. Both policemen had been arrested.
In accordance with Colombia’s obligations under the International Covenant on Civil and Political Rights, investigations “must always be independent, impartial, prompt, thorough, effective, credible and transparent”.
The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that any the use of force is exceptional, necessary, and proportional and that lethal force may only be used when strictly necessary to protect life.
Colombia has been recently facing a significant increase in serious human right violations and abuses, including unlawful killings. For example, since the Peace Agreement was signed in November 2016, there has been an upward trend in the killings, death threats, and harassments against human rights defenders.
As of December 2019, the UN Verification Mission in Colombia verified 303 killings of human rights defenders and social leaders since the signature of the Peace Agreement. So far, during 2020, the Office of the United Nations High Commissioner for Human Rights in Colombia has documented 47 killings of human rights defenders and is reviewing other potential 44 cases.
Contact:
Carolina Villadiego, Legal and Policy Adviser, Latin America. Email: carolina.villadiego(a)icj.org
Rocío Quintero M, Legal Adviser, Latin America. Email: rocio.quintero(a)icj.org
Sep 8, 2020
The Commission of Inquiry on Enforced Disappearances (COIED) has wholly failed to address entrenched impunity, leaving victims and their loved without any redress, the ICJ said in a briefing paper released today.
Pakistan’s Federal Government constituted the COIED in March 2011, with a mandate to, among other things, “trace the whereabouts of allegedly enforced disappeared persons” and “fix responsibility on individuals or organizations responsible.” While the Commission has “traced” the whereabouts of “missing persons” in a number of cases, there has been no apparent effort made to fix responsibility for this heinous crime.
“This Commission has failed in holding even a single perpetrator of enforced disappearance responsible in its nine years,” said Ian Seiderman, ICJ’s Legal and Policy Director.
“A Commission that does not address impunity, nor facilitate justice for victims and their families, can certainly not be considered effective.”
Hundreds, if not thousands, of people continue to be “missing” in Pakistan following their apparent arrest or abduction by or with complicity of the state. The UN Working Group on Enforced Disappearance has described a “culture of entrenched impunity” regarding the practice.
Despite the COIED’s failure in meeting its given objectives, its mandate was extended multiple times without any consultation with victims’ groups as to whether or under what conditions its operations should be continued. Its present mandate is set to expire on 14 September 2020.
This briefing paper provides an assessment of the performance of the COIED since its formation. It also evaluates the legal framework under which the Commission operates in light of international law and standards.
Some of the concerns about the Commission highlighted in the paper include:
- Lack of structural and functional independence
- No transparent criteria or process for the selection of commissioners
- Questions about the impartiality of the Commission’s Chairperson
- Flawed definition of enforced disappearance
- Limited scope of inquiry
- Inadequate victim and witness protection
- Failure to hold perpetrators accountable
- No public report on its work
Enforced disappearances are crimes under international law. All States have an obligation to promptly, thoroughly, impartially and effectively investigate allegations of enforced disappearance to bring those responsible to justice.
“The Government has used the Commission to deflect criticism and claim it is serious about addressing enforced disappearances,” added Seiderman.
“In reality, however, the COIED has led to a compromised inquiry process where investigations do not lead to accountability, nor do they result in proper and adequate reparation for victims.”
In light of the above, the ICJ has called on the Government not to extend the tenure of the existing COIED. Rather, the Government should hold real and meaningful consultations with all concerned stakeholders – including victims’ groups and human rights organizations – on the need for a new statutory commission that meets international standards.
The ICJ has also made a number of recommendations to the Government of Pakistan to provide for accountability for enforced disappearances; prevent them from occurring in the future; and provide reparations for victims and their families.
Contact
Ian Seiderman: ICJ’s Legal and Policy Director, e: ian.seiderman(a)icj.org
Reema Omer: ICJ’s Senior Legal Advisor, South Asia e: reema.omer(a)icj.org, +447889565691
Additional information
The WGEID has received 1144 cases of allegations of enforced disappearances from Pakistan between 1980 and 2019, of which some 731 remained unclarified as of May 2019.
The COIED has received 6752 cases since March 2011. Out of the these, 4642 cases have been “disposed of” for various reasons, and 2110 cases are still pending.
Download
Pakistan-Commission of Inquiry-Advocacy-Analysis Brief-2020-ENG (PDF)
Aug 30, 2020 | News, Publications, Reports, Thematic reports
The ICJ marked the International Day of the Victims of Enforced Disappearances today by releasing a baseline study (in Spanish) which identifies key obstacles to accountability for serious human right violations in Colombia.
“The report finds that although Colombia has a comprehensive legal framework aimed at providing accountability for serious human rights violations, victims still face many challenges in obtaining access to justice,” said Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative.
“A robust domestic legal framework is important, but without effective Government implementation at every level full accountability for these violations will remain out of reach,” added Abbott.
Among other challenges, some victims still encounter difficulties in participating in criminal proceedings or obtaining information about investigations and prosecutions of those alleged to be responsible for violations.
The study recommends steps Colombia should take to improve the implementation of the domestic legal framework, including:
- raising the awareness of civil servants, including judicial employees, of victims’ rights and the appropriate legal mechanisms employed to search for “disappeared” persons;
- improving coordination between the State’s institutions, including the Search Unit for Persons Presumed Disappeared in the context and by Reason of the Armed conflict, the Special Jurisdiction for Peace, and the Office of the Attorney General; and
- ensuring that the investigation and prosecution of enforced disappearances and extrajudicial killings take place within the civilian rather than the military justice system.
The study also stresses the importance of Colombia recognizing the competence of the UN Committee on Enforced Disappearances (CED) to receive and consider individual communications. Considering the high levels of impunity, the recognition has been requested by Colombian civil society organizations and victims to improve the protection and guarantee of rights of victims of enforced disappearances.
The baseline study has been produced as part of the ICJ’s regional project addressing justice for extrajudicial killings and enforced disappearances in Colombia, Guatemala and Peru, sponsored by the European Union.
The baseline study is available in Spanish.
Background
The ICJ has long been monitoring laws, policies and practices concerning the investigation and prosecution of serious human rights violations and abuses in Colombia, including enforced disappearances and extrajudicial killings, as part of its efforts to promote accountability, justice and the rule of law around the world.
Enforced disappearances and extrajudicial killings are among the most prevalent human rights violations committed in Colombia, particularly in the context of the ongoing internal armed conflict. In Latin America, Colombia has one of the highest figures of people who have been subject to enforced disappearance or unlawfully killed.
The project is implemented under the ICJ’s Global Accountability Initiative which has also produced baseline studies for Eswatini, Nepal, Myanmar, Venezuela, Cambodia, Tajikistan and Tunisia.
Contacts
Kingsley Abbott, Coordinator of the Global Accountability Initiative, e: kingsley.abbott(a)icj.org
Carolina Villadiego, Legal and Policy Adviser, Latin America, and Regional Coordinator of the Project, e: carolina.villadiego(a)icj.org
Rocío Quintero M, Legal Adviser, Latin America, e: rocio.quintero(a)icj.org
Download
Colombia-GRA-Baseline-Study-Publications-Reports-Thematic-reports-2020-SPA (full report, in Spanish, PDF)
Aug 30, 2020
En conmemoración del día internacional de las víctimas de desapariciones forzadas, la CIJ presenta un estudio de línea base que examina los obstáculos que existen para la investigación y judicialización de los responsables de graves violaciones a los derechos humanos en Colombia.
“El reporte enfatiza que, si bien Colombia tiene un comprensivo marco jurídico para la rendición de cuentas por graves violaciones a los derechos humanos, las víctimas todavía enfrentan serios obstáculos para obtener justicia”, dijo Kingsley Abbott, Coordinador de la Iniciativa Global de Rendición de Cuentas de la CIJ.
Abbott también manifestó que “aunque un marco jurídico es importante, sin una efectiva implementación, no será posible que se garantice la rendición de cuentas de los responsables.
Entre otros obstáculos, se destaca el hecho que algunas víctimas han tenido problemas para participar en los procesos penales o obtener información sobre las investigaciones penales que se están adelantando.
El estudio ofrece recomendaciones para que se mejore la implementación del marco jurídico colombiano. Entre estas recomendaciones están:
- Realizar capacitaciones a los funcionarios públicos, incluidos los funcionarios judiciales, sobre los derechos de las víctimas y los mecanismos legales disponibles para la búsqueda de personas desaparecidas.
- Mejorar la coordinación entre las entidades del Estado que tienen funciones en materia de desaparición forzada.
- Evitar que la investigación y judicialización de los responsables de desapariciones forzadas y ejecuciones extrajudiciales se adelanten ante la justicia penal militar.
En esa misma línea, el estudio resalta la importancia que Colombia le otorgue competencia al Comité contra las Desapariciones Forzadas de las Naciones Unidas para recibir y considerar comunicaciones individuales. Dado los altos niveles de impunidad, el reconocimiento de competencia al Comité ha sido solicitado por organizaciones colombianas de la sociedad civil y víctimas, con el fin de mejorar la protección y garantía de los derechos de las víctimas de desaparición forzada.
Documento anexo a la Línea Base: Instituciones con funciones en materia de desaparición forzada en Colombia.
La elaboración del estudio fue posible gracias al apoyo del Instrumento Europeo para la Democracia y los Derechos Humanos (IEDDH) de la Unión Europea.
Antecedentes
La CIJ, en cumplimiento de su objetivo de promover la rendición de cuentas, la justicia y el estado de derecho en Colombia, ha estado monitoreando continuamente la investigación y el enjuiciamiento de violaciones y abusos graves a los derechos humanos, incluyendo los fenómenos de ejecuciones extrajudiciales y desapariciones forzadas.
Se trata de dos crímenes que se encuentran profundamente arraigados en la historia colombiana, en particular, a su conflicto armado. Adicionalmente, las dimensiones de las ejecuciones extrajudiciales y las desapariciones forzadas en Colombia son una de las más alarmantes del continente.
El estudio de línea base fue elaborado como parte del proyecto “Promoviendo justicia para ejecuciones extrajudiciales y desapariciones forzadas en Colombia, Guatemala y Perú”, que hace parte de la Iniciativa Global de la CIJ sobre Rendición de Cuentas (Global Accountability Initiative). Bajo esta iniciativa, la CIJ ha elaborado otros estudios de línea base en Eswatini, Nepal, Myanmar, Venezuela, Cambodia, Tajikistán y Túnez.
Contactos:
Kingsley Abbott, Coordinador de la iniciativa global de rendición de cuentas de la CIJ. Correo electrónico: kingsley.abbott(a)icj.org
Carolina Villadiego, Asesora Legal, América Latina y coordinadora regional del proyecto. Correo Electrónico: carolina.villadiego(a)icj.org
Rocío Quintero M, Asesora Legal, América Latina. Correo electrónico: rocio.quintero(a)icj.org
Colombia-GRA-Baseline-Study-Publications-Reports-Thematic-reports-2020-SPA
Aug 30, 2020 | Advocacy, News
While commemorating the International Day of the Disappeared 2020, the ICJ and 47 other national and international organizations and groups of victims, in Nepal, call on the responsible authorities to undertake immediate steps towards reinvigoration of the transitional justice (TJ) process, adopting a transparent and consultative process.
On this occasion, the victims’ groups and human rights organizations in Nepal commend the patience and resilience shown by the family members of those subjected to enforced disappearance during the 10-year-long internal armed conflict from 1996-2006. They have worked tirelessly advanced the TJ process (Truth, Justice, Reparation and Institutional Reform) in Nepal for more than a decade through their peaceful struggle, despite many difficult hurdles.
In 2015 the Supreme Court found several sections of the Truth and Reconciliation Commission (TRC) Act, including the one empowering the commissions to offer amnesty and facilitate mediation/reconciliation between victims and perpetrators, including those involved in gross human rights violations, to be unconstitutional and non compliant with Nepal’s international obligations. More recently, on 26 April 2020 the Court rejected the petitions of the Government to review and revise the 2015 decision.
To date, the Government has not initiated any effort to amend the law as per these decisions. Rather, it has been misusing these Commissions in a manner that has prevented victims from accessing remedies through the regular criminal justice system and has made no efforts to strengthen these Commissions to delivery their mandates effectively. Two years back, Nepal recognized enforced disappearance as a distinct crime for the first time when enacting a new Penal Code. While this step is commendable, these legal provisions have not ensured justice for victims, the police typically refuse to investigate cases from the conflict period,arguing that they come under the jurisdiction of the TJ mechanisms.
Despite civil society’s repeated calls to appoint the Commissioners after amending the TRC Act following wider consultations with victims and civil society, the Government recently appointed Commissioners under the same Act that the SC had deemed flawed five years ago. Moreover, the Government has not addressed the repeated calls and concerns regarding the political interference and lack of transparency in the appointment of the Commissioners and the overall TJ process.
Human rights organizations and many victims groups have lost confidence in and stopped supporting to these Commissions.
The undersigned organizations call upon the Government of Nepal:
- To ensure the Commissions provide for, rather than delay and deny, truth and justice to
victims;
- Start fresh consultations to amend its law in compliance international human rights law
and Supreme Court directives, including by removing of amnesty for the perpetrators
provisions;
- Appoint a new set of commissioners under the revised Act that respects victims basic right
to truth and justice;
- Immediately ensure the social, cultural, economic, psychological and legal support
suffered by the victims and families of enforced disappearance as part of victims’ rights
to reparation;
- Revise the Penal Code to bring it in line with international standards. As a minimum, this
should include:
- amending the definition of enforced disappearances to bring it in line with Nepal’s international obligations and the Convention on the Protection of All Persons from Enforced Disappearance
- revising the penalty for enforced disappearance in the Penal Code to make it proportionate to the gravity of the crime
- removal of the statute of limitations for enforced disappearance cases
- Ratify International Convention for the Protection of All Persons from Enforced Disappearances Punishment.
Download
Full joint-statement with detailed information in English and Nepali. (PDF)
Contact
Ian Seiderman: ICJ Legal and Policy Director, e: ian.seiderman(a)icj.org
Mandira Sharma: ICJ Senior Legal Adviser, e: mandira.sharma(a)icj.org
