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

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 168th session (Havana, 7 April 2001)


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/168/13(c)?R.1), and to the relevant resolution adopted at its 167th session (October 2000),

Recalling that Mr. Motta had been receiving death threats which forced him into exile in October 1997; his name was reportedly 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,

Recalling that, according to information provided by the Human Rights Office of the Vice-Presidency of the Republic in April 2000, the investigation into the death threats is being conducted by the Special Prosecutor of Santa Fe de Bogotá and is still at the preliminary stage; the Office was in the process of contacting members of the Unión Patriótica to ascertain whether they had received any new information which might help to advance the investigation; considering in this respect, however, that Mr. Motta says he has not been contacted for that purpose,

Recalling that, according to information supplied in February 2000 by the Human Rights Office of the Vice-Presidency, as part of the search for an amicable settlement of the case regarding the persecution of the Unión Patriótica and its members pending before the Inter-American Commission on Human Rights, agreement has been reached on a subcommittee to undertake investigations into presumed human rights violations committed against activists of that political movement; with a view to facilitating this task, "the Prosecutor 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"; also noting 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. Remains deeply concerned that, despite the special measures to investigate crimes against members of the Unión Patriótica, those responsible for the death threats still seem to enjoy impunity; notes in this respect that Mr. Motta has not been contacted by the competent authorities to help advance the investigation;

  2. Reiterates its wish to ascertain whether any progress has been made in the relevant investigations;

  3. Fears that this persistent situation of impunity may lead it to conclude that the Colombian authorities bear responsibility in this crime owing to their failure to fulfil their duty to identify and bring to justice the persons who made the threats;

  4. Calls once again on the competent authorities and on the National Congress, as guardian of human rights, to do their utmost to ensure that justice is done in this case;

  5. Requests the Secretary General to convey this resolution to the parliamentary and other appropriate authorities of Colombia and to the sources;

  6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (September 2001).

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