Colombia: Misuse of counter-terrorism measures to prosecute protesters threatens human rights, say UN experts

Colombia: Misuse of counter-terrorism measures to prosecute protesters threatens human rights, say UN experts

Mar 29, 2023 - 17:30
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Colombia: Misuse of counter-terrorism measures to prosecute protesters threatens human rights, say UN experts

Geneva: UN experts on Wednesday called on Colombia to stop misusing counter-terrorism measures and serious criminal offences, such as terrorism, to prosecute individuals for taking part in protests against government policies.

Urging the authorities to ensure that any charges brought forward comply with international law and human rights standards, experts said that the use of such egregious charges to prosecute violent conduct during protests poses a serious threat to the promotion and protection of human rights and fundamental freedoms and the legitimacy of international counter-terrorism frameworks and laws.

“It has a chilling effect and encourages vilification campaigns against protest movements in the country,” the rights body said.

In February this year, thousands of people took to the streets of Colombia’s major cities to protest social and economic reforms that leftist President Gustavo Petro presented to Congress, policies he says will improve access to health care and protect people’s rights, but which opponents say will aid criminals.

According to the information received by the UN experts, it indicates that 228 individuals who took part in the protests of 2021 have been charged with serious offences, including terrorism and conspiracy to commit crimes, for which some are facing more than 22 years in prison.

“More than 180 demonstrators remain in prison or are under house arrest, despite legal provisions that allow for the release of people arrested in connection with the protests so they could await their trial in liberty. The detainees include peaceful protesters and young people who allegedly damaged public and private property, and engaged in violent and destructive acts,” they said.

Experts expressed concern about reports of stigmatisation and judicial harassment of human rights defenders, reporters and defence lawyers prosecuted in the context of these proceedings.

They also stressed that decisions on whether to prosecute, hold in pre-trial detention, convict or award damages to protesters must meet the requirements of necessity, proportionality and non-discrimination under international human rights law.

“Prison sentences for non-violent protest activity and the exercise of human rights, including freedom of peaceful assembly and freedom of expression, are always disproportionate, and therefore incompatible with international human rights law,” the experts said.

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