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memorandum of justification concerning human ... - Just the Facts

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Accomplishments by <strong>the</strong> Judicial Police (responds to measure 14)<br />

Since 2006, communication channels between <strong>the</strong> Prosecutor General‘s Office and<br />

<strong>the</strong> Technical Investigative Body (CTI) have been streng<strong>the</strong>ned through inter-institutional<br />

agreements. To improve this relationship and to decrease impunity, that same year <strong>the</strong><br />

Ministry <strong>of</strong> Defense implemented Specialized Judicial Support Structures (EDAs) to<br />

bolster <strong>the</strong> work <strong>of</strong> <strong>the</strong> specialized justice structures in zones with public order problems.<br />

Equipped with specialized prosecutors, investigators, and judges, EDAs help to ensure<br />

that members <strong>of</strong> illegal organizations are swiftly brought to justice, guarantee <strong>the</strong><br />

transparency and legitimacy <strong>of</strong> operations, and allow effective and legal collection <strong>of</strong><br />

evidence. As <strong>of</strong> May 2009, five EDAs were dedicated to combating hydrocarbon <strong>the</strong>ft,<br />

terrorism, and related crimes in Barrancabermeja, Puerto Berrío, Cali, Orito, and Arauca.<br />

The Ministry <strong>of</strong> Defense has received support from <strong>the</strong> Prosecutor General‘s<br />

Office and CTI in training members <strong>of</strong> <strong>the</strong> Armed Forces in first respondent procedures<br />

and activities that should be carried out by <strong>the</strong> judicial police. CTI designed a first<br />

responder‘s packet, which is being included in <strong>the</strong> Operational Law Handbook that is<br />

pending approval.<br />

Per Agreement 025 <strong>of</strong> 2007, <strong>the</strong>re were – as <strong>of</strong> May 2009 – 52 investigations<br />

undertaken by <strong>the</strong> CTI as liaisons in military units. The protection <strong>of</strong>fered to <strong>the</strong>m by <strong>the</strong><br />

Armed Forces enables <strong>the</strong>m to carry out <strong>the</strong>ir investigations in isolated locations<br />

throughout <strong>the</strong> country.<br />

Certification in Human Rights (responds to measure 13)<br />

Since 1997, <strong>the</strong> Ministry <strong>of</strong> Defense has employed a system <strong>of</strong> certification in<br />

<strong>human</strong> rights and international <strong>human</strong>itarian law for overseas commissions, eligibility for<br />

training, and to determine eligibility for financial support from <strong>the</strong> United States for<br />

educational purposes. In 2009, <strong>the</strong> Ministry <strong>of</strong> Defense revamped this certification<br />

program to include it as a requirement for <strong>of</strong>ficers seeking promotion to Lieutenant<br />

Colonel or Brigadier General. Each such candidate will have five days to study for and<br />

complete <strong>the</strong> certification. If <strong>the</strong> applicant passes, <strong>the</strong> certification is issued pending<br />

verification by <strong>the</strong> Prosecutor General‘s Office and <strong>the</strong> Inspector General‘s Office that<br />

<strong>the</strong>re are no criminal or disciplinary investigations pending against <strong>the</strong> individual. As <strong>of</strong><br />

May 2009, <strong>the</strong>re were 230 aspirants in <strong>the</strong> Armed Forces who participated in <strong>the</strong><br />

certification process, which was given in June, and will be given again in December.<br />

Complaint Reception System (responds to measure 15)<br />

Throughout <strong>the</strong> certification period, <strong>the</strong> Armed Forces continued to implement<br />

Directive 025, issued November 14, 2008, which created a national-level <strong>human</strong> rights<br />

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