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COLOMBIA
CASE N° CO/09 - HERNÁN MOTTA MOTTA
Resolution adopted unanimously by the Governing Council
at its 175th session (Geneva, 1st October 2004)


The Governing Council of the Inter-Parliamentary Union,

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/175/11(a) R.1), and to the resolution adopted at its 174th session (April 2004),

Recalling that the name of Mr. Motta, a member of the Unión Patriótica (UP), featured on a hit list drawn up by the paramilitary group led by Carlos Castaño Gil, and that he received death threats which forced him into exile in October 1997; according to a report from the Attorney Generalís Office dated 6 October 2003, by order of 23 July 2001 a stay of proceedings had been declared in the case of the death threats against Mr. Motta,

Recalling that an amicable settlement procedure is under way to resolve the case of the systematic murder of Unión Patriótica members, which the Inter-American Commission on Human Rights had declared admissible in March 1997; a joint commission composed of Unión Patriótica members, representatives of the authorities and competent NGOs was set up in 2000 in this process to assist the search for truth and the granting of reparation; on the occasion of his mission to Colombia in March/ April 2003, the Secretary General was informed that the commissionís work was greatly hampered by shortage of funds,

Taking account of the information provided by the President of the Colombian Senate on 16 June and 27 September 2004 that the National Congress was not competent to interfere with the stay of the investigation of death threats against Mr. Motta, but that it would ensure fairness in terms of truth, justice and reparation and the fight against impunity,

  1. Thanks the President of the Colombian Senate for his cooperation;

  2. Remains unclear as to whether the case of Mr. Motta is being addressed within the mechanisms set up under the amicable settlement; and would appreciate clarification on this point;

  3. Considers that the amicable settlement process, if accompanied by the necessary financial resources and political will, provides a valuable avenue for promoting reparation and justice, including in the case of Mr. Motta;

  4. Remains therefore concerned that this process, which has been under way for several years, does not seem to have produced any tangible results so far;

  5. Is convinced that the Congress can make a crucial contribution to the effectiveness of the process by providing the necessary financial means and political support; earnestly hopes that the Congress's stated commitment to the objectives of the process has indeed led it to become actively involved and to ensure that steps are taken to enable the joint commission set up in this framework to function; and would greatly appreciate receiving information in this regard;

  6. Requests the Secretary General to seek the requested information from the parliamentary and other competent authorities;

  7. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 112th Assembly (April 2005).

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