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 162nd session (Windhoek, 11 April 1998)

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/162/11(a)-R.1), and to the resolution adopted at its 161st session (September 1997) concerning the case of Mr. Pedro Nel Jiménez Obando, Mr. Leonardo Posada Pedraza, Mr. Octavio Vargas Cuéllar, Mr. Pedro Luis Valencia Giraldo, Mr. Bernardo Jaramillo Ossa and Mr. Manuel Cepeda Vargas, of Colombia,

Taking account of the information provided by the Office of the Presidential Adviser for Human Rights, dated 22 December 1997 and 25 March 1998,

Considering that the stage now reached in the investigations into the murders of the above parliamentarians is as follows:

• As regards Mr. Jiménez: the case had been filed in 1993; in 1995, the authorities reported that the Prosecutor General's Office (Fiscalía General) was studying the possibility of reopening it; the Office of the Presidential Adviser for Human Rights reported subsequently several times, most recently in March 1998, that information in this respect had been requested from the Fiscalía.
• As regards Mr. Posada: the case was shelved in April 1996.
• As regards Mr. Vargas: the case was reportedly closed in 1991. In 1995, the authorities reported that the Prosecutor General's Office (Fiscalía General) was studying the possibility of reopening it; the Office of the Presidential Adviser for Human Rights subsequently reported that information in this respect had been requested from the Fiscalía.
• As regards Mr. Valencia: preliminary investigations are still under way; however, despite abundant taking of evidence, it has so far proved impossible to identify the culprits.
• As regards Mr. Jaramillo: according to the authorities, the Castaño brothers - paramilitary leaders - are suspected of this crime and warrants have been issued for their arrest. On 22 December 1997, the Office of the Presidential Adviser for Human Rights stressed the determination of the authorities, in particular the Head of State, to combat paramilitary groups. Reference was made in this connection to Decree N° 2895 of 3 December 1997 setting up a " Search Squad for private justice groups " (Bloque de Búsqueda de los Grupos de Justicia Privada) whose mandate it is, inter alia, to act in support of the Fiscalía General in executing arrest warrants. Notwithstanding, the Office also reported, the competent Prosecutor was about to close the investigation and shelve the case given that the proceedings had started on the date of Mr. Jaramillo's murder on 22 March 1990.
• As regards Mr. Cepeda: the Prosecutor General (Fiscalía General) formally accused Carlos Castaño Gil, the head of the paramilitary groups of Córdoba and Urabá, Justo Gil Zuñiga Labrador and Hernando Medina Camacho, army sergeants in the 9th brigade, of the murder of Senator Cepeda Vargas; an appeal by the three against their accusation has reportedly been dismissed by the competent court.

Noting that, in her report of 9 March 1998 regarding the work of the field office in Colombia, the United Nations High Commissioner for Human Rights urged the Colombian Government inter alia to " ... conduct independent and exhaustive investigations into all violations of the right to life, bring the culprits to justice and properly compensate their victims in order to put an end to the spiral of violence and impunity ",

1. Thanks the Office of the Presidential Adviser for Human Rights for the information supplied and for its co-operation;

2. Is gratified to learn that the investigation into the murder of Senator Cepeda has produced some result, and expresses the hope that it will continue to progress without any impediment and, in particular, that every effort will be made to serve the arrest warrants pending on Carlos Castaño Gil;

3. Nevertheless deeply regrets that the investigations into the murders of the other parliamentarians concerned remain unavailing, the case of Mr. Jaramillo even being about to be shelved despite the existence of arrest warrants;

4. Notes in this connection that a " Search Squad for private justice groups " was set up in December 1997 with a mandate, inter alia, to act in support of the Fiscalía General in executing arrest warrants, and questions why this case should be shelved just when a special mechanism has been put in place to expedite the serving of arrest warrants;

5. Notes that additional information about the investigation into the murders of Mr. Jiménez and Mr. Vargas has been announced, and awaits it with interest;

6. Requests the Secretary General:

(i) To convey these considerations to the President of the National Congress and of the National Group of Colombia;

(ii) To inform the Office of the United Nations High Commissioner for Human Rights in Colombia about the Committee's work on these cases;

(iii) To inform the Office of the Presidential Adviser for Human Rights of these considerations, inviting it to provide the information desired and report any new developments in connection with these cases;

7. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (September 1998).

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