47.
In the report published in 2010 by the United Nations Rapporteur on Extrajudicial, Summary
or Arbitrary Executions, he concretely referred to this phenomenon classifying it as “false positives,” defined
as “unlawful killings of civilians, staged by the security forces to look like lawful killings in combat.” 31
48.
In relation to the dynamic by which said executions were carried out, the Rapporteur stated
that once the civilian victims where killed a scene was staged to make it look like “lawful killings in combat”,
and this staging sometimes involved “placing weapons in the hands of victims; firing weapons from victims’
hands; changing their clothes to combat fatigues or other clothing associated with guerrillas; and putting
combat boots on victims’ feet.” The victims “were reported by the military and in the press as guerrillas or
criminals killed in combat.” 32 The Rapporteur pointed out that even though he saw no evidence to suggest
that these killings were an “official policy” there have been too many killings of a similar nature to
characterize them as isolated incidents. 33
49.
The Prosecutor of the International Criminal Court indicated that this modus operandi of
unlawful killings of civilians reported as guerillas killed in combat after alterations to the crime scene. It
stated that these these killings were carried out by members of the armed forces, at times operating jointly
with paramilitaries and civilians, as a part of an attack directed against civilians in different parts of Colombia.
Killings were in some cases preceded by arbitrary detentions, torture and other forms of ill-treatment. 34
50.
On the subject of access to justice for extrajudicial executions committed by the military
during the 1990s, the Commission stated both in its 1993 report as well as in the one published in 1999 that
one of the most important obstacles is the use of the military court system to address cases of human rights
violations as they classifying them as “service-related.” 35 In this regard, it was also noted by the UN
Rapporteurs in their Joint Report according to which the military courts “are composed of officers who can
also be responsible for ordering military operations” and were even responsible for ordering military
operations in conection with which human rights violations have occurred.” 36
B. Rights to life37, personal integrity38, personal liberty39 and honor and dignity40
[… continuation]
attributed to the security forces in Colombia, July 2002 to June 2006.” Annual Report 2008, Chapter IV Colombia. Available at:
http://www.cidh.oas.org/annualrep/2008eng/Chap4.a.eng.htm.
31 Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston,
A/HRC/14/24/Add.2,
31
March
2010,
para.
10.
Available
at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.Add.2_en.pdf
32 Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston,
A/HRC/14/24/Add.2,
31
March
2010,
para.
11.
Available
at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.Add.2_en.pdf
33 Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston,
A/HRC/14/24/Add.2,
31
March
2010,
para.
14.
Available
at:
http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.Add.2_en.pdf
34
International Criminal Court, Prosecutors Office, Situation in Colombia. Interim Report, November 2012, para. 93.
35IACHR,
Second Report on the Situation of Human Rights in Colombia, OEA/Ser.L/V/II.84, Chapter VII. The Right to Life, 14
October 1993. Available at: http://www.cidh.org/countryrep/Colombia93eng/toc.htm; IACHR, Third Report on the Human Rights
Situation in Colombia, Chapter V. Administration of Justice and Rule of Law, para. 19.
36 Economic and Social Council, Joint report of the Special Rapporteur on the question of torture, Mr. Nigel S. Rodley, and the
Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on
Human Rights resolutions 1994/37 and 1994/82, E/CN.4/1995/111, 16 January 1995, para. 91. Available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G95/101/73/PDF/G9510173.pdf?OpenElement
37 Article 4(1) of the American Convention states: 1. Every person has the right to have his life respected. This right shall be
protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
38 Articles 5(1) and 5(2) of the American Convention state: 5(1) Every person has the right to have his physical, mental, and
moral integrity respected. 5(2). No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All
persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.