IPU logoINTER-PARLIAMENTARY UNION
PLACE DU PETIT-SACONNEX
1211 GENEVA 19, SWITZERLAND
 

CASE N° CO/09 - HERNAN MOTTA MOTTA - COLOMBIA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)


The Inter-Parliamentary Council,

Referring to the outline of the case of Senator Hernán Motta Motta of Colombia, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)­R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Taking account of the information provided by the Human Rights Office of the Vice-Presidency of the Republic on 4 July 2000,

Recalling that, according to information provided by that Office in April 2000, the investigation into the death threats which forced Mr. Hernán Motta into exile and which is conducted by the Terrorism Unit of the Regional Directorate of Public Prosecutions in Bogotá is still at the preliminary stage; the Human Rights Office is, however, in the process of contacting members of the Unión Patriótica in a quest for new material that might advance the investigations,

Recalling also that, according to information on file, Mr. Motta's name was on a death list drawn up by the paramilitary group led by Carlos Castaño Gil, who admitted publicly in March 2000 on a private TV channel that he personally decided who was to be executed by his group,

Considering that in reply to its requests for information on the adoption of the statute on the political opposition, provided for under Article 112 of the National Constitution, which, as the sources had stated, would foster greater respect for the rights of the political opposition, the Political and Electoral Affairs Division of the Ministry of the Interior stated that no such statute existed at present; however, the Constitution itself, together with Law N° 130 on political party statutes and Law N° 134 on mechanisms of political participation, contained a set of provisions guaranteeing political parties the right to exercise opposition activities, namely to criticise the Government openly and to develop political alternatives,

Recalling finally that, according to information provided by the Office of the Vice-Presidency of the Republic in April 2000, pursuant to the ruling of the Inter-American Commission on Human Rights that a petition complaining of persecution of the Unión Patriótica political party was admissible, a search for an amicable settlement is under way under the auspices of the Commission and resulted, in 1999, in an agreement on the establishment of a subcommittee to undertake investigations into presumed human rights violations against activists of that political movement; and that, to facilitate this task, “the Attorney General's Office has established 26 sub-units in as many sectional directorates for the purpose of investigating crimes committed against Unión Patriótica members”,

Noting the recommendation by the Inter-American Commission on Human Rights in its Third Report on the Human Rights Situation in Colombia (1999), namely that “The State should take immediate and concrete steps to combat the extremely high level of impunity that exists in all types of criminal cases, and particularly in traditional human rights cases. These steps should necessarily include serious, impartial and effective criminal investigations of those allegedly responsible for committing crimes and the imposition of corresponding legal sanctions”, in addition to the statement made by the Office of the High Commissioner for Human Rights in Colombia in its report to the 56th session of the United Nations Commission on Human Rights that it is the “Colombian State's obligation to combat impunity” through, inter alia, “the effective punishment of those responsible for human rights violations and breaches of international humanitarian law”,

  1. Thanks the Office of the Vice-Presidency of the Republic for its constant cooperation;
  2. Notes with satisfaction that existing law provides for mechanisms guaranteeing the opposition freedom to exercise its political activity;
  3. Affirms, however, that such guarantees can have no practical effect if perpetrators of crimes against opposition members enjoy impunity, and stresses that an essential means of protecting the rights of the opposition would be to shed light on crimes perpetrated against its members and bring the authors of such criminal acts to justice;
  4. . Reiterates its earnest hope that the new measures taken to investigate crimes against members of the Unión Patriótica will soon yield results, and would appreciate any information as to steps taken to identify the authors of the death threats against Mr. Motta, with a view to punishing them in accordance with the law;
  5. Calls once again on the National Congress to do its utmost, both in the legislative field and within its function of overseeing the Executive, to ensure that the appropriate authorities effectively combat impunity and adequately investigate and punish human rights offenders;
  6. Requests the Secretary General to convey this decision to the parliamentary and other appropriate authorities of Colombia and to the sources;
  7. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2001).


Note: you can download a complete electronic version of the brochure "Results of the 104th Conference and related meetings of the Inter-Parliamentary Union" in PDF format (file size approximately 457K). This version requires Adobe Acrobat Reader, which you can download free of charge.Get Acrobat Reader

Human rights of parliamentarians | Home page | Main areas of activity | Structure and functioning