A/HRC/45/36
handful, however, have violated professional ethics and the discipline expected of legal
practitioners and, even worse, have committed crimes. As in most countries, lawyers who
violate laws and regulations may be punished, which in itself is a requirement of the rule of
law to help safeguard the overall interests of lawyers, create a favourable environment for
legal practice and promote the advancement of the rule of law, and the healthy development
of the legal profession in China.
34.
The Government also addressed the situations reported in the 2019 report of the
Secretary-General pertaining to the following individuals, noting that it did not have
updated or new information on their cases: Ms. Li Xiaoling, Ms. Xu Yan, Mr. Zhen
Jianghua, Ms. Cao Shunli, Ms. Wang Yu, Mr. Mi Chongbiao, Ms. Li Wenzu, Ms. Wang
Qiaoling, Mr. Jiang Tianyong, and Mr. Dolkun Isa. The Government stated that it inquired
about the allegations pertaining to non-governmental organization Chinese Human Rights
Defenders and found no relevant information in this regard.
6.
Colombia
35.
The case of Mr. Wilmer Orlando Anteliz Gonzalez, a protected witness in a
criminal investigation by the National Prosecutor’s Office, was included in the 2019 report
of the Secretary-General (A/HRC/42/30, Annex I, para. 25) on allegations of disciplinary
investigations, demotions, unsolicited transfers, death threats and lack of adequate
protection measures for cooperating with OHCHR in Colombia. During the reporting
period, Mr. Anteliz has allegedly continued to be subject to reprisals, including intimidation
against his subordinates to produce false testimonies against him, as part of a smear
campaign purportedly directed by high ranking officials of the National Police. Some of the
acts of surveillance, threats and harassment of subordinates and their families were
denounced formally to the Attorney General’s Office in October 2019. Names and details
of those affected cannot be provided for fear of reprisals.
36.
The case of Mr. Germán Graciano Posso, member and legal representative of the
Peace Community of San José de Apartadó, was included in the 2019 and 2018 reports of
the Secretary-General (A/HRC/42/30, Annex II, paras. 33–35; A/HRC/39/41, para. 33 and
Annex I, para. 18) regarding criminalisation, death threats and an assassination attempt
following his participation in the 2017 Forum on Business and Human Rights (COL
1/2018)30. On 28 January 2019, the Constitutional Court requested a review of the legal
action and, in parallel, the local court requested the temporary suspension of the ruling.
Until the Constitutional Court rules on the matter, no legal action can be taken against the
Peace Community or its legal representative and, as of 30 April 2020, Mr. Graciano Posso’s
arrest order remained suspended.
37.
On 13 July 2020, the Government responded to the note verbale sent in connection
to the present report. Regarding the case of Lieutenant Anteliz, it informed that the National
Police does not have record of the case where he is a witness in a criminal investigation by
the National Prosecutor’s Office, and provided a list of ongoing disciplinary investigations.
The Government also provided detailed information on the protection measures afforded to
Lieutenant Anteliz, according to the assessment of risk associated with his active service.
38.
Regarding the case of Mr. Graciano Posso, the Government explained their rationale
for the action initiated by the 17th Brigade of the Colombian Army for its military
personnel and the specifics of the legal proceedings. It stated that the allegations by the
Peace Community of San José de Apartadó are without proof and, under no circumstance
does the Brigade intend to violate their right to freedom of expression. The Government
stated that it intends to protect the name and honour of the members of the National Army
affected by accusations lacking probative value.
30
58
End of mission statement, Special Rapporteur on the situation of human rights defenders, Michel
Forst, Visit to Colombia, 20 November to 3 December 2018 (page 7),
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23960&LangID=E.