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1211 GENEVA 19, SWITZERLAND

COLOMBIA
Case N° CO/01 - PEDRO NEL JIMENEZ OBANDO
Case N° CO/02 - LEONARDO POSADA PEDRAZA
Case N° CO/03 - OCTAVIO VARGAS CUELLAR
Case N° CO/04 - PEDRO LUIS VALENCIA
Case N° CO/06 - BERNARDO JARAMILLO OSSA
Case N° CO/08 - MANUEL CEPEDA VARGAS

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)


The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995), concerning the case of Mr. Pedro Nel Jiménez Obando, Mr. Leonardo Posada Pedraza, Mr. Octavio Vargas Cuéllar, Mr. Pedro Luis Valencia, Mr. Bernardo Jaramillo Ossa and Mr. Manuel Cepeda Vargas, of Colombia,

Considering the information supplied by the Office of the Presidential Adviser for Human Rights, dated 22 January 1996,

Taking into consideration the information provided by the sources on 12 and 19 January, 22 February and 25 March 1996,

Recalling that, according to the Office of the Presidential Adviser for Human Rights, the Office of the Prosecutor General has shown special concern over the situation suffered by the Congressmen of the Patriotic Union (UP) and has therefore set up a special group of Regional Prosecutors, together with a Technical Investigation Corps of the Prosecutor's Office (CTI) and the Homicide Brigade, Bogotá section, to advance the respective investigations; that, however, his Office cannot report on their progress since it is bound by confidentiality,

Considering that, according to information provided on 22 January 1996 by the same Office, nobody is currently detained in the case of the murders of Senator Jaramillo and that the relevant file is in the hands of the investigating magistrate, who has still to take a decision,

Considering that, in a communication of 19 January 1996, one of the sources confirms previous information that the files relating to the murders of Mr. Vargas Cuéllar and Mr. Luis Valencia Giraldo have been archived and that those concerning Mr. Jaramillo, Mr. Jiménez and Mr. Posada are at a standstill,

Recalling that Mr. Manuel Cepeda Vargas, murdered on 9 August 1994, had denounced to senior officials of President Gaviria's Government; the existence of a death list drawn up as part of the "Golpe de Gracia" (coup de grâce) plan to kill Communist Party and Patriotic Union leaders, including Manuel Cepeda himself; that he made a statement before the National Assembly accusing the Commander in Chief of the Armed Forces and General Bedoya of being the "Señores de la Guerra" (warlords) who opposed peace negotiations and were marked by their "professional anti-communism and links to paramilitary groups",

Recalling the allegations made by one of the sources about the conduct of the investigation into the murder of Senator Cepeda, with special reference to police behaviour; considering in this respect that, according to the same source, on the day of Mr. Cepeda's murder, only one agent was present on the premises of the Police Rapid Intervention Centre (CAI, Centro de Atención Inmediata) located near the scene of the crime and that the other members of the group were on duty elsewhere; recalling also that, according to this source, two leading witnesses have been killed and others have started to express doubts and retract their statements, and that the source fears that they have been threatened or are part of a "cover-up" to prevent the investigators from inquiring into the real motives for the murder,

Considering that, according to the Office of the Presidential Adviser for Human Rights, investigations into the murders of the witnesses have been instituted and are proceeding in conjunction with the investigation into Senator Cepeda's murder,

Recalling that, according to information provided by the Office of the Presidential Adviser for Human Rights on 3 October 1995, steps have been taken regarding the complaints about the behaviour of the National Police before and after Senator Cepeda's murder; that a preliminary inquiry conducted by the Special Investigation Office of the Office of the Prosecutor General revealed irregularities in the conduct of the members of the police who were present in the Rapid Intervention Centre near the place where Manuel Cepeda was killed,

Considering, however, that no information on the outcome of these investigations has been supplied,

Considering also that, in its communication of 22 January 1996, the Office of the Presidential Adviser for Human Rights confirmed that those so far involved in the murder of Mr. Cepeda are Edison de Jesús Bustamente (or Fidedigno Bustamente García), José Luis Ferraro Arango, Carlos Castaño Gil, Hector Castaño Gil, Víctor Alcides Giraldo and Edison de Jesús Jiménez; that the first two are being held under high security conditions in Bellavista Prison and have appealed against their preventive detention, that arrest warrants have been issued for the others, and that Víctor Alcides Giraldo has been declared "absent",

Recalling that, according to one of the sources, Víctor Alcides Giraldo escaped on 1 February 1995 from the high security section of Bellavista Prison,

Recalling further that, according to the authorities, a search group (Bloque de Búsqueda) composed of members of the national police went to the Urubá region with the purpose, inter alia, of capturing the Castaño Gil brothers, who are suspected of involvement in the murders of Senators Jaramillo and Cepeda,

Considering that, according to the source, the Government, through the Ministry of the Interior, has decided to open negotiations with paramilitary groups with a view to reincorporating them in civilian life, that the media allegedly reported on a meeting of the Minister with the Castaño brothers and that the source fears that this process might amount to granting paramilitary leaders, including the Castaño brothers, total impunity,

Considering finally that the United Nations Commission on Human Rights is seriously considering the appointment of a Special Rapporteur on Colombia,

1. Regrets that the Office of the Presidential Adviser for Human Rights has failed to respond to the requests for information which the Committee on the Human Rights of Parliamentarians addressed to it after its last session (January 1996);

2. Recalls that, according to information provided by that Office in October 1995, a special unit has been set up to advance investigations into the murders of the parliamentarians belonging to the Patriotic Union;

3. Deeply regrets that this step has apparently produced no results so far and once again strongly urges the competent authorities to do everything possible to make such measures effective;

4. Is perplexed at the fact that, on the one hand, a Special Search Group has been sent to the Urubá region with the aim, inter alia, of capturing the Castaño brothers and that, on the other, the Government has reportedly entered into negotiations with them, and would appreciate the views of the authorities in this respect;

5. Deplores the fact that the reactivation of the investigations into the cases of Mr. Jiménez Obando, Mr. Posada Pedraza and Mr. Vargas Cuéllar has failed to produce any result whatsoever and wishes to ascertain why;

6. Reiterates its request for information regarding:

(i) progress made concerning the investigations into the murder of witnesses in the case of Senator Cepeda;

(ii) the results of the investigation into the conduct of the officers involved in the investigation into the murder of Senator Cepeda, particularly in view of the allegation of one of the sources that the Rapid Intervention Centre was manned by only one agent at the time of Senator Cepeda's murder;

(iii) the outcome of the appeal which Edison de Jesús Bustamente (or Fidedigno Bustamente García) and José Luis Ferraro Arango lodged against their preventive detention;

7. Reiterates its request for information as to whether the Colombian authorities, in view of the serious nature of the matter, have taken any steps to conduct inquiries into the existence of the "Golpe de Gracia" plan denounced by Senator Cepeda and into the accusations made by him in the National Assembly against the Commander in Chief of the Armed Forces and General Bedoya;

8. Feels that the appointment of a United Nations Special Rapporteur would greatly assist the Government in combating the problem of impunity in the country;

9. Requests Senator Hugo Batalla, Vice-Chairperson of the Committee, to establish contact with the appropriate Colombian authorities with a view to initiating a dialogue on the cases under consideration by the Committee;

10. Requests the Secretary General to convey these concerns to the President of the National Congress and of the National Group of Colombia;

11. Also requests the Secretary General to resume contact with the Office of the Presidential Adviser for Human Rights, inviting it to transmit the information desired and report any new developments in connection with these cases;

12. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).


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