-97128. In this regard, the Court recalls that, in Colombia, the existence of numerous
cases of links between the paramilitary groups and members of law enforcement
bodies in relation to similar facts to those of the instant case have been documented
for several years.204 According to the 1994 joint report of the United Nations Special
Rapporteurs on the question of torture and on extrajudicial, summary or arbitrary
executions, “while considering it inappropriate to affirm the existence of a planned
policy of ‘systematic violation’ of human rights, the Procuraduría General in its third
report on human rights, stated nevertheless that the violations had been so
numerous, frequent and serious over the years that they could not be dealt with as if
they were just isolated or individual cases of misbehavior by middle- and lower-rank
officers, without attaching any political responsibility to the civilian and military
hierarchy. On the contrary, even if no decision had been taken in the sense of
persecuting the unarmed civilian population, the Government and the high military
command were still responsible for the actions and omissions of their
subordinates.”205 In turn, the 1989 report of the Special Rapporteur on summary or
arbitrary executions stated that:
[…] Additional information received by the Special Rapporteur would appear to indicate
that the main regions where the paramilitary groups operate are those with a strong
military presence and that there have been no reports so far of confrontations between
such groups and the forces of law and order. […]the information available shows that
the increase in summary or arbitrary executions in recent years is closely linked to the
increase in paramilitary group activities. […] Collective assassinations, in which the
victims are usually defenseless peasants, are a very recent development and an
indication of the alarming increase in violence in Colombia.
[…]the chief victims of the massacres in 1988 and 1989 have been the peasants. In
1988, 50 of the 73 massacres were massacres of peasants, in other words, almost 70
per cent of the total. In 1989, 11 of the 21 massacres were massacres of peasants [six
of them were in Antioquia]. […] The rural areas are the ones most torn by the violence
[…]206
129. In addition, the United Nations High Commissioner for Human Rights makes a
constant reference in his reports to the high level of impunity of the violations of
human rights and international humanitarian law committed as a result of the
204
Cf. Report of the United Nations High Commissioner for Human Rights on the situation of human
rights in Colombia, E/CN.4/2001/15, March 20, 2001, paras. 131, 134 and 254; Report of the United
Nations High Commissioner for Human Rights on the situation of human rights in Colombia,
E/CN.4/2005/10, February 28, 2005, paras. 9, 45, 61, 62, 73, 84, 87, 112 to 116; Report of the United
Nations High Commissioner for Human Rights on the situation of human rights in Colombia,
E/CN.4/2004/13, February 17, 2004, paras. 22, 24, 26, 59, 65 and 73; Report of the United Nations High
Commissioner for Human Rights on the situation of human rights in Colombia, E/CN.4/2003/13, February
24, 2003, paras. 34, 74 and 77; Report of the United Nations High Commissioner for Human Rights on the
situation of human rights in Colombia, E/CN.4/2002/17, February 28, 2002, paras. 202, 211, 356 and
365; Report of the United Nations High Commissioner for Human Rights on the situation of human rights
in Colombia, E/CN.4/2000/11, March 9, 2000, paras. 25 and 111; Report of the United Nations High
Commissioner for Human Rights on the situation of human rights in Colombia, E/CN.4/1998, March 9,
1998/16, paras. 21 and 29; Report of the United Nations High Commissioner for Human Rights on the
situation of human rights in Colombia, E/CN.4/1998/16, March 9, 1998, paras. 27, 28, 29, 34, 42, 46 and
88.
205
Cf. Joint report of the Special Rapporteur for torture, Nigel S. Rodley, and the Special Rapporteur
on extrajudicial, summary or arbitrary executions, Bacre Waly Ndiaye, submitted in compliance with
resolutions 1994/37 and 1994/82 of the Commission on Human Rights of the United Nations Economic
and Social Council. Visit to the Republic of Colombia of the Special Rapporteurs from October 17 to 26,
1994, E/CN.4/1995/111 of January 16, 1995, para. 109.
206
Cf. Commission on Human Rights of the United Nations Economic and Social Council. Report on
the visit to Colombia by the Special Rapporteur on summary or arbitrary executions (October 11, 1989),
January 24, 1990, E/CN.4/1990/22/Add.1, paras. 20 and 26.
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