Eightieth session

5. The Committee welcomes the open invitation extended by the State party to all special mechanisms of the Commission on Human Rights. The Committee also welcomes the agreement between the State party and the United Nations High Commissioner for Human Rights to extend the presence of the office in Colombia to October 2006.

6. The Committee notes with satisfaction the efforts of the State party to maintain democratic institutions through free elections in 2002 and 2003.

The State party should promote the expeditious and effective use of the machinery established under Act No. 288 of 1996 so as to ensure the full implementation without delay of the observations of the Human Rights Committee in respect of the Optional Protocol.

The State party should ensure that the proposed legislation on alternative penalties to imprisonment does not grant impunity to persons who have committed war crimes or crimes against humanity (art. 2).

The State party should ensure that, in the application of this act, no breaches of the guarantees laid down in the Covenant (arts. 2, 9, 14 and 17) occur.

The State party should take into consideration the fact that some of the provisions of this draft act would be in clear contradiction with provisions of the Covenant, in particular articles 2, 4 and 14. If it were to be adopted, such fundamental remedies as amparo proceedings could be jeopardized.

The State party should take immediate and effective steps to investigate these incidents, punish and dismiss those found responsible and compensate the victims, so as to ensure compliance with the guarantees set forth in articles 2, 3, 6, 7 and 9 of the Covenant.

The State party should take effective measures to terminate the links between elements of the security services and illegal paramilitary groups.

The State party should ensure that the legislation applicable to abortion is revised so that no criminal offences are involved in the cases described above.

The State party should strengthen existing measures aimed at protecting women against all types of violence, especially domestic violence. Furthermore, it is recommended that the State party should periodically monitor the number of investigations and convictions for such crimes compared to the number of complaints received. The State party should also revise its legislation on investigations into cases of rape with respect to the role of consent of the victim in the process (arts. 3, 7 and 26).

The State party should ensure that these cases are investigated, whoever the alleged perpetrators may be, and guarantee to the victims the full exercise of the right to an effective remedy, as stipulated in article 2 of the Covenant.

The State party should ensure that the ordinary courts investigate and

adjudicate such crimes and that all elements of the armed forces cooperate

with the proceedings in question. Individuals under investigation for such crimes should be suspended from active duty during the investigation and trial.

The State party should guarantee that conscientious objectors are able to opt for alternative service whose duration would not have punitive effects (arts. 18 and 26).

The State party should halt such practices, and should also strengthen the protective measures that already exist in Presidential Directive 07 so that human rights defenders may fully enjoy the rights to freedom of expression and association recognized in articles 19 and 22 of the Covenant.

The State party should intensify programmes aimed at providing economic and social assistance to internally displaced persons so that they may, in conformity with article 26 of the Covenant, enjoy as many of the benefits provided by State institutions as possible. It should also take the necessary steps to ensure that displaced persons are able to exercise the rights guaranteed in article 25.

The State party should guarantee the full enjoyment of the rights of persons belonging to minorities which are set out in the Covenant, in particular with respect to the distribution of land and natural resources, through effective consultations with representatives of the indigenous communities.