"The fact is, always behind the first page of a slaughter of seven people went to a dime, and a ten to one twenty, and a twenty to one of twenty-five. I speak of Colombia, of course, always talk about Colombia. In it, the head of the early "chulavitas" which, you know, dispatched at the presidential palace, or Black Blood or Jojoy, or Pablo Escobar and Carlos Castaño, ever entered the madness of the numbers. "The next round slaughter is 35 "." 45 "." 60 ". And the newspapers, and television, content to this madness." Five dead? No! We do not have room for five people. That killed ten if you want a column. To kill a hundred if they want an "extra." To kill thousands if you want to be in the year-end summary " 30 .
CITAZIONE Questa, ci Colombia has the drammatica situazione. I morti diventano numeri the fredda statistica delle vittime if transformed in a bilancio nel quale è require a greater number of casualties to have more visibility in the mass media: "Do you want an aperture of paper? 10 victims are not enough, there are at least 50, want a special service? It takes 200, you like the service in the year-end summary of what happened? It takes a thousand deaths. "
Currently there are over two million backlog that prevent judges to engage in full-time in the new cases, local courts are dinosaurs, and eight are also needed to reach a decision. "Most civil jurisdiction congestion concerns and requirements of international organizations against the state. It is believed that the slowness of the system beyond the accumulation of cases will lead to the accumulation of interest that, according to the Ministry of the Interior and Justice, now will cost the government 67 billion Colombian pesos. " 31
Consequently, all these institutions, willing or not, will the system of administration of justice Colombia today, the phenomenon called "traffic jam record" (embudo Juridico), which according to experts, is the main cause for which "the ni justicia no Enclose Siquier cogeando" .
The armed conflict in Colombia, starting from 1964 (year of birth of the FARC) has claimed the lives of more than 500,000 people, of which 80% is therefore not involved in the civil hostilities in same period, the civil institutions of the country - which the Constitutional Court, the Defensor del Pueblo, the representation in the municipalities and taxation - have suffered or are threatened by a weakening of great concern of their duties and responsibilities in the protection of fundamental human rights, through the 'information, research, investigation and trial of serious cases of violations suffered by many Colombians.
One of the problems that contribute to impunity in human rights is the barriers to the smooth functioning of the Fiscalía General de la Nacion, according to various sources such as Amnesty International (AI), the Commissioner ' UN and Human Rights Watch. "The Fiscalía General de la Nacion, as that created by the establishment of 91 'is mandated to investigate and prosecute all crimes, but unfortunately, there are serious doubts about his ability and willingness to lead this effort in the area of \u200b\u200brights humans. Several circumstances contribute to the lack efficacia di della Attorney. "First, you can highlight the" contamination "institutional as to who has the capacity (legal and de facto) to prosecute crimes that violate human rights of Colombian citizens. In Colombia, many of these crimes are tried by military courts, since according to the Military Penal Code have jurisdiction over acts committed by military force. " 32
Nel 1997, the Court determines Costituzionale gravi che i reati (delitti) contro i Diritti umani or against humanity could not be subject to military jurisdiction by jurisdiction, jackets, this should only judge the acts committed "in connection with the service", so staying in this area except for serious crimes against human rights.
According to this strict interpretation of criminal military prerogatives, all cases in the military justice system would be a matter of ordinary justice. Although some cases have been transferred, 33 majority, continues to be judged by the military. It 's interesting to note that the tax provision is authorized by the Colombian legislation to play an active role in transfer cases to the ordinary justice, being able to call on the military tribunals. Unfortunately, in practice, the tax had not been the greatest proponent of these steps and was not particularly active at the side of the prosecution 34. To make matters worse in 2002, have changed the codes of criminal and ordinary soldiers, following the line of strict interpretation of the constitutional powers of the military criminal justice.
Despite the existence of such legislation, the Office of the UN High Commissioner for Human Rights in Colombia, in the information of 2002, reports that the military justice continues to investigate cases of human rights violations and violations against international humanitarian law committed by members of the public force thus contributing to the "high levels of impunity" that "continue to plague the justice," given that "some senior military officers, is are removed from the action of justice, both for military intervention by the criminal justice system, both for decisions on taxation and the prosecution. "35
in the information Amnesty International (AI) the Commissiariato of 'UN and Human Rights Watch. lack of impartiality and effectiveness Taxation on Violation of Human Rights can be attributed also to the change of institutional policy that took place between June and July of 2002.
Human Rights Watch, for example, has carried out a mission to Colombia to do a search on maintaining the progress achieved so far in human rights during the administration of Luis Camilo Osorio, who obtained the position of Fiscal general in July 2001. The information in this quote missione36 speaks of "institutional purge" at the point in saying that Osorio had forced the resignation of the Director of National Human Rights, Pedro Diaz and his Deputy general tax Palo Elias Gonzales, who during three years had investigated a case of alleged collaboration between the Colombian Army General Rito Alejo del Rio and the paramilitaries, between the years 1995 and 1997. During this time, paramilitaries attacked several villages and executed civilians leaders and caused the forced evacuation and severe disruption for thousands of people. This was not an isolated case.
"The impunidad es, por Definición,
privilege el de los criminales de
no pagar por their crimes. is
result of the inability of
judiciary to do justice.
is the territory that does not
pay. Colombia.
Armando Montenegro "
Nel dicembre 2001 Furono obbligati to dimettersi quattro funzionari Fernando Niño, Carmen Marita González, Carlos Valdés and Martha Janeth after taking part in the capture of a notorious paramilitary murderess as well as family members of the paramilitary leader Carlos Castaño. It is chilling that this "resignation" captain in the critical moments of the investigation and trial (summary). Even in the case of 'trade union leader Wilson Borja of the murderess, after a year of research and investigation all ended in April 2002 without a culprit.
I fiscales working on the cases of rights violations where they are involved senior ranks of the army, receive death threats and some have already been committed 37 , this crisis through which passes the Colombian justice, in addition to violence and humanitarian crisis, promotes the climate of impunity.
So, today the country faces different dilemmas of institutions having very advanced but inefficient.
- The first is how to make compatible the protection of citizens rights that are threatened (by the guerrillas and paramilitaries), with the protection citizens who suffer judicial arbitrariness.
- The second occurs within a context of full economic constraints as the current Colombian society: how to ensure that priorities in the fight to meet the basic needs of the population and meet the second generation of its rights to the willingness of society, and these rights are defined by their political mechanisms.
- The third is how to ensure a system of impartial justice, free from external influences, be they political or physical threats by officials and lawyers, Colombia will have a strong tool in his hands to fight against impunity. The biggest enemy is terrible spectrum of human rights violations perpetrated in this country that continue.
