The International Office for Human Rights Action on Colombia

Extension of military jurisdiction – Serious concerns over constitutional reform of the military criminal justice process

The government of President Santos has been pushing for a constitutional amendment that seeks to expand military criminal jurisdiction, that is about to be approved.

As highlighted by eleven UN human rights experts on 22 October 2012, “should this reform be approved, it could seriously undermine the administration of justice for cases of alleged violations of human rights and international humanitarian law, including serious crimes, by military or police forces (Fuerza Pública)”. In the conclusions of its 146 regular session of 16 November 2012, the Inter-American Commission on Human Rights “call(ed) to mind that the Inter-American Court of Human Rights has established that the State has the obligation to provide effective judicial recourse to victims of human rights violations, and the Commission believes that such recourse, in all cases, is through the regular criminal jurisdiction, regardless of whether or not the violations being prosecuted were committed by members of the military”.

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