COLOMBIA

Case N° CO/09 - HERNAN MOTTA MOTTA
Case N° CO/10 - NELSON VELORIA

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of Senator Hernán Motta Motta, of Colombia,

Having before it the case of Mr. Nelson Veloria, a member of the Congress of Colombia, which has been the subject of a study and report of the Committee on the Human Rights of Parliamentarians, in accordance with the "Procedure for the examination and treatment by the Inter-Parliamentary Union of communications concerning violations of human rights of parliamentarians",

Considering that, according to the source, Mr. Veloria has been subjected to death threats from paramilitary groups operating in the Meta department, which he represents in Congress; that he comes second on a death list headed by Mr. Pedro Malagón, deputy of the Meta regional assembly, who was assassinated on 20 June 1996,

Taking into consideration the information supplied by the Office of the Presidential Adviser for Human Rights on 19 April and 5 July 1996, together with the information provided by various sources on 15 and 16 July 1996,

Recalling that Senator Hernán Motta Motta, a member of the Colombian Congress and of the Patriotic Union, took the parliamentary seat of Senator Manuel Cepeda, who was assassinated in August 1994, and that he is currently the only remaining Senator belonging to that party,

Considering that, according to the source, he has been receiving death threats and that his name is on the "hit list" of the second phase of the "Golpe de Gracia" plan aiming at eliminating the remaining national leaders of the Patriotic Union; recalling in this connection that, according to the source, a paramilitary leader, Victor Carranza, was training "sicarios" (hired killers) to this end in the municipalities of Puerto López and Puerto Gaitán,

Noting that the Office of the Presidential Adviser for Human Rights has stated that it is unaware whether any judicial authorities have opened an investigation into these allegations and whether any warrant has been issued for the arrest of Victor Carranza,

Considering the information provided by one of the sources at the hearing on 16 July 1996 during which it confirmed not only the existence of the "Golpe de Gracia" plan to assassinate members of the Patriotic Union, but also that a second phase of the plan had been launched, specifically to assassinate remaining local, regional and national members of Parliament from the Patriotic Union, and in particular Senator Motta Motta and Congressman Nelson Veloria,

Considering in this connection that Ms. Aida Abella, President of the Patriotic Union Party, survived an attempt on her life in Bogotá on 7 May 1996 and has had to leave the country to seek safety, whereas another member of the party, Mr. Pedro Malagón, a deputy in the Meta Provincial Assembly, was assassinated on 20 June 1996 together with his daughter,

Recalling that, according to the Office of the Presidential Adviser for Human Rights, under an agreement concluded between the Administrative Department for Security and the Patriotic Union, Senator Motta Motta is provided with an armed escort,

Considering nevertheless that, according to information provided by one of the sources on 15 July 1996, he is not granted sufficient personal security and that this is particularly alarming since, in recent weeks, suspect persons and cars have been spotted in the immediate vicinity of his home,

Considering also that, according to one of the sources, past assassinations of Congressmen having been afforded physical protection by the authorities show that such protection is worthless unless accompanied by a clear political commitment at the highest levels of the Government to put an end to political assassinations and to respect the political opposition,

Taking note of the fact that while Article 112 of the Constitution of Colombia provides for a statutory law to regulate the status of the opposition, according to the source no such law has as yet been adopted since the Constitution entered into force on 5 July 1991,

Considering that, in the resolution it adopted on the Colombian cases in April 1996, it felt that the appointment of a Special Rapporteur on Colombia would assist the country in combating impunity; that with regard to this, it should be noted that the United Nations Commission on Human Rights, at its 52nd session (March/April 1996), requested the High Commissioner on Human Rights "... to establish at the earliest possible date a permanent office in Colombia with the mandate to assist the Colombian authorities in developing policies and programmes for the promotion and protection of human rights and to observe human rights violations in the country ...",

Considering finally that discussions are still under way between the United Nations and the Colombian Government on this subject and that no such office has as yet been established,

1. Thanks the Office of the Presidential Adviser for Human Rights for the information it provided;

2. Is greatly alarmed at the allegations of renewed threats of assassination of members of the Patriotic Union Party and the existence of a second phase of the "Golpe de Gracia" plan, which has apparently already led to the assassination of one member of the party and an attempt on the life of its President;

3. Urges the Parliament and Government of Colombia, in view of the seriousness of the matter, to take urgent steps to conduct inquiries into the existence of the "Golpe de Gracia" plan denounced by Senator Cepeda and the Patriotic Union and into the accusations levelled by him in the National Assembly at General Bedoya;

4. Urges the Colombian authorities in the strongest terms to do their utmost to protect the lives and security of Senator Motta Motta and Congressman Veloria;

5. Recalls that the Colombian State, in common with any other State, has the duty to ensure by every necessary means the physical safety and security of its citizens;

6. Wishes to ascertain the result, if any, of the investigations into the death threats made against Senator Motta Motta and Congressman Veloria;

7. Calls on the Government at the highest levels to affirm in the strongest terms its commitment to put an end to political assassinations and ensure that members of the political opposition may fully enjoy their human rights as guaranteed under international and national norms;

8. Recommends, as a means of demonstrating such commitment, that in accordance with the Constitution of Colombia a statutory law be drawn up and adopted as soon as possible to regulate the status of the opposition;

9. Urges the Government of Colombia to reach an agreement as soon as possible with the United Nations High Commissioner for Human Rights so that an Office of the High Commissioner can immediately become operational with a clear mandate not only to advise the authorities on human rights issues but also to monitor and report on the situation;

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 notify any new developments in connection with these cases;

12. Requests the Committee on the Human Rights of Parliamentarians to pursue the examination of this case and report to it at its next session (April 1997).