Institutional Profile of the Colombian Commission of Jurists
1. Institutional Profile of the Colombian Commission of Jurists
MISSION AND OBJECTIVES
Since its creation in 1988, this Colombian nongovernmental organization has had a dual purpose: to
contribute towards improving the human rights situation in Colombia and to the development of
international human rights law and international humanitarian law worldwide.
The first purpose, associated with the situation in Colombia, is divided into two objectives: the
validity of the social and democratic state under the rule of law, along with the achievement of
lasting peace based on human rights (particularly the rights to truth, justice and reparation, and land
redistribution as a central element of the armed conflict in Colombia). The second purpose, aimed at
developing instruments of international law, is pursued simultaneously with the work that we carry
out with respect to Colombia at the international level, but its scope goes beyond the national
borders and associates us with human rights promotion in the Americas and in the other continents
of the world.
To achieve these objectives, and particularly taking into account the most vulnerable population
sectors (indigenous peoples, Afro-Colombians, peasants, workers, women, children, displaced
population), we carry out three main activities: research (or documentation), litigation (or judicial
representation of victims) and advocacy (or promotion).
RESEARCH
In the field of research, we have a team dedicated to following up on the human rights situation in
Colombia, which maintains a database on human rights violations in this country that it uses to
operate as an observatory that produces reports aimed at the international human rights supervisory
bodies of the United Nations (the Human Rights Council, the rapporteurs and working groups, and
the oversight committees for human rights treaties –the treaty-bodies), the Organization of
American States –OAS- (Inter-American Commission, General Assembly, Permanent Council),
International Labor Organization –ILO-, International Criminal Court, international human rights
NGOs, Colombian authorities (Ombudsman’s Office [Defensoría del Pueblo], Inspector General’s
Office [Procuraduría], Judicial Branch, Congress, Government) and the general population.
LITIGATION
In the field of litigation, we represent victims, before both national and international tribunals
(Inter-American Commission on Human Rights, Inter-American Court of Human Rights, Human
Rights Committee of the International Covenant on Civil and Political Rights, Commission for the
Elimination of Discrimination Against Women). In addition to demanding recognition for the rights
of the victims, the aim is for our judicial actions to lead to rulings that are not limited to the
particular case but instead have an influence on the Colombian authorities so that they will adopt
public policies to prevent and punish the perpetrators of other similar violations in the future. In that
sense, we do not attempt to take on a disproportionate amount of cases, but rather to promote those
that could help to generate such corrective measures. In all, we are currently handling more than
one hundred cases, each of which for the most part gives rise to a number of proceedings (a
criminal proceeding in Colombia, another administrative proceeding also inside the country, and a
proceeding regarding international responsibility before the Inter-American Court), for a total of
more than 300 proceedings.
It should be pointed out that the CCJ has been one of the few human rights organizations that has
agreed to represent victims in proceedings regulated by Law 975 of 2005 (known as the “Justice
Calle 72 # 12 – 65 piso 7 | www.coljuristas.org | info@coljuristas.org | teléfono: (+571) 7449333| fax: (+571) 7432643 | Bogotá, Colombia
2. and Peace Law”, which awarded reduced punishments to demobilized paramilitary members), a law
that the CCJ brought suit against along with other organizations. In doing so, we make the greatest
possible efforts to achieve realization within the country of the victims’ rights and to exhaust
domestic appeals processes in order to then, if necessary, bring actions before international bodies.
The CCJ is also currently making preparations to carry out additional actions for recognition of the
rights of victims, especially in the field of lands usurped from the displaced population, under the
recently-enacted Law 1448 of 2010, or the “Victims Law”, which, despite undeniable deficiencies,
constitutes an important step regarding recognition of the rights of vulnerable populations affected
by the longstanding human rights crisis in Colombia.
ADVOCACY
In the field of advocacy, at the national level we work to influence the Colombian Congress and the
Constitutional Court to promote legislation and jurisprudence favorable to human rights and to
avoid approval or overturn norms contrary to human rights. Thus, for example, by invitation of the
Constitutional Court, we participate in follow-up hearings on Ruling T-025 of 2004, regarding the
displaced population and measures to surmount their status of aspects declared unconstitutional by
that Court. We also carry out activities for human rights promotion before such sectors as academia,
the judicial branch, the journalists’ guild and the general population. At the international level, we
constantly interact with the United Nations, with treaty oversight committees, the ILO and the Inter-
American Commission on Human Rights to obtain rulings and recommendations urging the
Colombian State to adopt measures for protection, prevention, promotion, punishment and
reparations in the field of human rights.
As part of our lobbying activities, we also promote, jointly with other organizations from different
countries or of an international character, norms and rulings to develop international human rights
law and humanitarian law, both at the worldwide level and at the regional level in the Americas.
These three main activities provide mutual feedback, so that the research reports serve as
documentation for litigation and advocacy activities, while our litigation and advocacy make it
possible to identify new needs in the field of research, which we attempt to cover with our team.
DESCRIPTION OF THE ORGANIZATION
We are a group of approximately 50 people (in past years there were 80). We have been recognized
as an NGO in consultative status with the United Nations since 1999, which gives us a voice in UN
venues (although we lack decision-making capacity). We are affiliated with the International
Commission of Jurists (headquartered in Geneva) and the Andean Commission of Jurists
(headquartered in Lima).
History
ORIGIN
The Colombian Commission of Jurists opened its doors in 1988, after the Andean Commission of
Jurists (NGO headquartered in Lima) had sent a mission to Colombia to draft a report on the
situation of human rights and particularly the administration of justice. The experience from this
visit, made in 1987, indicated that it was possible and appropriate to set up a permanent professional
group in Colombia to document the human rights situation and to carry out other activities based on
international human rights and humanitarian law with the aim of helping to resolve the grave human
rights crisis in the country while at the same time working to develop human rights and
humanitarian law at the global level. The team that hosted the 1987 visit was coordinated by
Gustavo Gallón, attorney and university professor, with support from Federico Andreu and María
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3. Teresa Garrido, jurists who were beginning their careers. These three individuals became the
nucleus for the permanent professional group, which was initially called the Colombian Section of
the Andean Commission of Jurists (Comisión Andina de Juristas Seccional Colombiana - CAJSC),
and which in 1995 simplified its name to the Colombian Commission of Jurists (Comisión
Colombiana de Juristas - CCJ).
In the 1980s, the Colombian human rights crisis had considerably intensified, if we take into
account that in 1980 there had been 100 people killed or disappeared each year for political reasons,
in 1985 there were 1,000 such victims yearly and in 1988 more than 4,000. At the same time,
poverty and social exclusion indicators were alarming and were reflected in the fact that nearly 60%
of the Colombian population lived below the poverty line and more than 25% below the line of
indigence. The need to create a human rights organization that would specialize in promoting
international human rights and humanitarian law in Colombia, in the field of civil and political as
well as economic, social and cultural rights, was evident.
INTERNATIONAL RECOGNITION
The CCJ is a reference point for international organizations for the protection of human rights, as
are, in addition to those of an intergovernmental nature (Office of the United Nations High
Commissioner for Human Rights, the UN rapporteurs and Working Groups, the committees created
by human rights treaties, the Inter-American Commission on Human Rights, the United Nations
High Commissioner for Refugees – UNHCR), nongovernmental organizations that closely follow
the situation in Colombia, and for the governments and ambassadors in Colombia from countries
concerned with the human rights situation in this country.
The work of the CCJ has been recognized at the international level. In 1993 it received the
American Bar Association Section of Litigation's International Human Rights Award. In 1989 the
CCJ’s director received the Human Rights Award from Human Rights Watch. In 1997 its director,
along with the United Nations High Commissioner for Human Rights, Mary Robinson and four
other distinguished human rights defenders from diverse countries, received the Human Rights
Award from the Lawyers Committee for Human Rights (now known as Human Rights First). In
December of 2008 the CCJ received the “Emilio Mignone” International Human Rights Award
from the Ministry of Foreign Relations of the Republic of Argentina.
NATIONAL CONTEXT
The importance of its work on behalf of human rights has also been recognized within Colombia.
The Constitutional Court frequently requests its opinion regarding legal actions associated with
human rights and humanitarian law matters. Throughout its existence, the CCJ has promoted
dialogue with the government, despite strong differences of views, as a right associated with the
definition of public policies on human rights. Its verbal and written opinions are closely followed by
academia, the judiciary, the communications media and public opinion in general. In 2002, its
director received the Citizens’ Order of Merit in the grade of Commander awarded by the Office of
the Mayor of Bogotá.
Perhaps for the same reasons, the CCJ has also been the target of virulent attacks promoted by
human rights violators in the press, in the Senate and through other means. It was also discovered
that from 2003 to 2005 (and possibly in subsequent years) the CCJ was the target of illegal
persecution by the intelligence agency of the office of the President of Colombia, the
Administrative Security Department (Departamento Administrativo de Seguridad -DAS), which set
up a group to harass human rights defenders, magistrates, journalists and political opponents by
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4. keeping tabs on them and their families, issuing threats and carrying out defamatory actions and
attacks, all of which is under investigation by the Colombian criminal justice system. Within the
context of violence afflicting the country, such attacks represent clear threats to the personal safety
of our employees. Nonetheless, the CCJ has continued to work within its mandate, denouncing
situations of human rights violations, presenting cases and demanding that the guilty be brought to
justice, promoting the use of international human rights protection mechanisms in Colombia, and
proposing initiatives before state institutions to ensure the full enjoyment of human rights for
Colombian men and women, in addition to promoting the strengthening of international human
rights and humanitarian law in general.
Achievements
WITHIN THE COUNTRY
At the national level, the CCJ has promoted important regulatory developments for human rights in
the country. For example, it was able to influence the 1991 Constitutional Assembly (particularly to
achieve recognition of the prevalence of international human rights treaties, definition of the Bill of
Rights and restriction of states of siege); in the statutory law on states of exception (1994); and on
classification of the crime of forced disappearance in Colombian legislation (Law 589 of 2000).
After years of intense debate, particularly promoted by the International Committee of the Red
Cross and the CCJ, approval by the Congress was achieved, without reservations, of Protocol II of
the 1977 Geneva conventions, along with its subsequent signature (Law 171 of 1994). Approval
was also achieved of the law that created the Human Rights Committees of the Senate and House of
Representatives. In the committee that drafted a new military criminal code, convoked by a
government decision in 1995 (made up of eight members of the Ministry of Defense and eight from
civil sectors, including the Director of the CCJ), a civil group was set up to draft a proposal as an
alternative to that of the military, which served as the basis for the new code (Law 522 of 1999).
At the same time, through challenges alleging unconstitutionality jointly promoted with other social
and human rights organizations, the CCJ has gotten the Constitutional Court to overturn legislation
contrary to human rights, such as the Defense and National Security Law (Law 684 of 2001, which
practically authorized militarization of the State, and which was declared unconstitutional by Ruling
C-251 of 2002), the Antiterrorist Statute (Legislative Act 02 of 2003, which modified the
Constitution to permit the detention and interrogation of civilians by members of the military, and
which was declared unconstitutional by Ruling C-818 of 2004), the Rural Development Statute
(Law 1152 of 2007, which violated Convention 169 of the ILO regarding prior consultation with
indigenous and Afro-Colombian peoples, and which was declared unconstitutional by Ruling C-175
of 2009), the State of Exception declared by Decree 2002 of 2002 (which awarded exorbitant
powers to the military authorities over the civilian population, and which was declared partially
unconstitutional by Ruling C-122 of 2003), and various regulations of Law 975 of 2005, which
regulated judicial proceedings for decreasing punishments of demobilized paramilitary members
(Ruling C-370 of 2006), among other important provisions.
The CCJ is a member of the National Commission for the Search of Disappeared Persons
(Comisión Nacional de Búsqueda de Personas Desaparecidas), created by Law 589 of 2000,
presided by the Ombudsman’s Office. It is also part of the coordinating commission with the
government to follow up on recommendations formulated before the Inter-American system for
clarifying truth and reparation in the cases of the massacres of Los Uvos, Caloto and Villatina. It
was also part of the commission for clarification of the violent events of Trujillo (1994-1995).
IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM
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5. Through its work with the Inter-American Commission on Human Rights (IACHR) of the
Organization of American States, significant resolutions by this body have been obtained
establishing State responsibility in diverse cases of human rights violations and urging the
government to compensate victims’ family members and bring the guilty to justice. It should be
pointed out that before the CCJ was founded, Colombian cases before the OAS were practically at a
standstill and no definitive ruling had been issued in any of them. In 1988 the IACHR found the
State responsible for the forced disappearance of Luis Fernando Lalinde, which had taken place in
1984. It was the first case decided by that body involving Colombia. It had been denounced by the
president of the Human Rights Committee of Antioquia, Héctor Abad Gómez M.D., who was killed
in 1997, after which representation in the case was taken up by the CCJ.
In 1992, the Inter-American Commission decided to submit a case involving Colombia for
consideration by the Inter-American Court, which was the forced disappearance of Isidro Caballero
and María del Carmen Santana, and which had been denounced before the Commission by the CCJ.
In 1995, for the first time in its history, the Inter-American Court handed down a ruling condemning
the Colombian State for those disappearances.
The CCJ obtained rulings in the first five cases involving Colombia before the Inter-American
Commission and in the first case before the Inter-American Court, in addition to five subsequent
cases before that same Court (Las Palmeras, 2001; 19 comerciantes, 2004; Ituango, 2006; Pueblo
Bello, 2006; and Jesús María Valle, 2008), and encouraged other Colombian human rights
organizations to carry out international actions in which they had previously not taken part. The
CCJ also contributed towards the enactment in 1996 of Law 288, which recognized
recommendations by the Inter-American Commission on Human Rights and those of the
International Covenant on Civil and Political Rights as being obligatory in relation to individual
cases.
IN THE UNIVERSAL SYSTEM OF HUMAN RIGHTS AND THE INTERNATIONAL CRIMINAL COURT
At the United Nations, the work of the CCJ has led to a series of important declarations and
decisions regarding Colombia. In particular, declarations by the President of the Commission on
Human Rights, adopted every year by consensus from 1996 until 2005, the last year of existence of
the Commission (which was replaced by the United Nations Human Rights Council); the resolution
on Colombia issued by the Subcommission for the Prevention of Discrimination and Protection for
Minorities (1994); and the observations and conclusions by treaty-bodies, such as the Human Rights
Committee of the International Covenant on Civil and Political Rights, the Committee Against
Torture, the Committee for Economic, Social and Cultural Rights, and the Committee on the Rights
of Children.
The 1996 Declaration by the President of the Commission on Human Rights was of great
importance, as it analyzed the human rights situation in Colombia based to a considerable extent on
arguments made by the Colombian organizations, and requested the High Commissioner to open an
office in Colombia with the twofold mandate of supervising the human rights situation in the
country (through analytical reports submitted to the UN Commission on Human Rights) and
providing technical assistance both to the State and Colombian civil society. The office was opened
in 1997; to a considerable extent, it was the result of persistent and systematic work carried out
systematically during seven years by the CCJ before the United Nations and the member countries,
in close coordination with national and international NGOs. Subsequently, the CCJ has continued
working to contribute towards development of the mandate of this office and its permanence in
Colombia, in that recent administrations, including the current one, have attempted to terminate its
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6. presence in the country or to limit its function, which would signify a grave setback in relation to
the goal of improving the human rights situation in Colombia.
The CCJ serves as advisor to the Colombian trade union federations before the ILO, and in this
capacity has contributed towards the adoption of important rulings regarding Colombia, the
carrying out of special visits to the country by this body, the constitution of the good offices mission
and the naming of an ILO representative in Colombia.
The CCJ also contributed, along with numerous human rights organizations from around the world,
to the creation of the International Criminal Court in 1998, approval of the Rome Statute by the
Colombian Congress and adhesion by the government in 2002. Since then, the CCJ has constantly
acted before the ICC by providing information on cases that would fall within its jurisdiction and
which the CCJ aims for the ICC to at some point take up. At the same time, for a number of years
the CCJ has carried out systematic activities at the United Nations aimed at the adoption of
international norms such as the Set of Principles on the Right of Victims to Bring Actions and
Obtain Reparations, the Declaration on the Right to Defend Human Rights, and the International
Convention on Forced Displacement of Persons, among other instruments.
CCJ AND PERSPECTIVES ON PEACE AND HUMAN RIGHTS IN COLOMBIA
The CCJ’s activity become more necessary and important today due to the possibility of peace
negotiations between the government and guerrillas as a consequence of the beginning of formal
talks on this issue in October 2012. CCJ has consistently supported the initiative of achieving a
negotiated solution to the Colombian armed conflict, based on the effective implementation of
victim’s rights to Truth, Justice, Reparation and Guarantees of Non-Repetition. The solidity of an
eventual peace process in Colombia depends to a large degree on the respect for victim’s rights and
on its conformity with obligations stablished about this subject by international human rights law
and international humanitarian law. CCJ pretends continuing to display its activities on litigation,
research and advocacy in order to reach the improvement of human rights situation in Colombia and
the development of international human rights and humanitarian law at the global level, such that all
this contribute to a firm and enduring peace and to the empire of the social and democratic rule of
law in the country.
Bogotá, October 2012
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7. Areas of Action
RESEARCH
PLANNING, ADMINISTRATION AND FINANCES
COMMUNICATIONS
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8. Organization Chart
GENERAL ASSEMBLY
Federico Andreu
Ana María Díaz
María Teresa Garcés
Gustavo Gallón
Enrique Ordoñez
Marina Pulido de Barón
Hernando Valencia-Villa
Humberto Sánchez
BOPARD OF DIRECTORS
Ana María Díaz
Antonio Madariaga
Maria Eugenia Sánchez
DIRECTOR’s OFFICE
Director: Gustavo Gallón
Secretary: María Herrera
PLANNNIG, ADMINISTRATION Communications:
AND FINANCES DEPUTY DIRECTION DEPUTY DIRECTION DEPUTY DIRECTION Mónica Oyuela
FOR RESEARCH FOR LITIGATION FOR ADVOCACY
• PA&F Manager: Martha Lucía
Bejarano • Deputy Director for
• Deputy Director for Research: Advocacy: Vacant
• Plannig Coordinator: Sol Natalia Ana María Díaz
Giraldo • Representative before U.N.:
• Researcher on Displacement: • Deputy Director for Litigation: Federico : Ana María Rodríguez
• Project Manager: Nelly Rodríguez Juan Manuel Bustillo Andreu • Labor Rights Law yer:
• Project Assistant: Sandra Orjuela • Researcher on Civil and Political • Litigation Inter-American System Vacant
• Project Intern: Juliana Sepúlveda, Rights: Sandra Milena Gómez Coordinator : Camilo Mejía • Coordinator National
Angela Gónima • Civil and Political Rights Assistant: • Domestic Litigation Coordinator : Leonid Advocacy: Fátima Esparza
• Accountant: Constanza Rubio Mariana Medina Ávila • Law yer National Advocacy:
• Treasurer Assistant: Angélica • Archive and Press Assistant: • Litigation Law yers: Sandra Gamboa - Juan Camilo Rivera
Martínez Clara Inés Gaitán Alejandro Malambo - Milton Bello • Assistants National
• Accountant Assistant: John Rojas • Webmaster/Documentation • Assistant Legal Protection OAS: Vacant Advocacy: Mary Díaz-
Center: Diego Galindo • Jonathan Riveros
• Systems Engineer: David Gómez Assistant Legal Protection: Felipe León
• Statistics Expert: Vacant • • Assistant Universal System:
• General Services: Carlos Fonseca Psychologist: Diego Fernando Abonía
- Consuelo Castellanos - Soleny • Researchers Unionists-EU: Laura • Secretaries: Clemencia Jiménez -
Isabel Mejía
Herrera Viviana Flórez -Federico Giraldo– Yaneth Delgado • Law yers Labor Rights:
Anais Pagot Fanny del Pilar Peralta–
• Messenger: Jairo Báez
Viviana Bohorquez
• Receptionist: Claudia Benavidez
• Secretary: Eufemia Lizcano
• Sena Apprentice: Jessica Barriga
Bogotá, October 2012
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