The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Senator Hernán Motta Motta of Colombia, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/176/13(b)-R.1), and to the resolution adopted at its 175^th session (October 2004),

Recalling that the name of Mr. Motta, a member of the Unión Patriótica, featured on a hit list drawn up by the paramilitary group led by Mr. Carlos Castaño Gil, that he received death threats which forced him into exile in October 1997, and that, according to a report from the Attorney General’s 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 also that since 1999 a friendly settlement procedure has been under way before the Inter-American Commission on Human Rights regarding a petition lodged in March 1997 pertaining to the persecution of the Unión Patriótica political party, and that several working groups were set up in that connection to examine human rights violations perpetrated against that party’s members; considering that, in the meeting of 23 March 2005 between the IPU Secretary General and the Deputy Executive Secretary to the Inter-American Commission, the latter stated that several members of the Unión Patriótica had expressed disappointment at the lack of progress in the procedure, and were considering taking the matter to the Inter-American Commission,

Considering that Article 41 of the Rules of Procedure of the Inter-American Commission states that any friendly settlement "must be based on respect for the human rights recognised in the American Convention on Human Rights, the American Declaration and other applicable instruments" and that "the Commission may terminate its intervention in the friendly settlement procedure if it finds that ... any of the parties ... does not display the willingness to reach a friendly settlement based on respect for human rights",

1. Deeply regrets that the various working groups set up under the friendly settlement procedure in the Unión Patriótica case have so far failed to achieve any tangible results;

2. Fears that the absence of any progress may be due to the lack of sufficient financial resources and political will to use the potential that these mechanisms may have in promoting reparation and justice, including in the case of Mr. Motta;

3. Stresses that the friendly settlement procedure is not an end in itself but an opportunity for parties to reach a satisfactory solution in line with applicable human rights standards without the Commission having to pronounce on the matter;

4. Urges the authorities to review and adapt the mechanisms set up under this procedure with a view to making them effective in bringing about a satisfactory settlement of the case;

5. Remains convinced that the Colombian Congress can make a crucial contribution to this objective; and wishes to ascertain what action Congress has taken to put its stated commitment in this regard into practice, in particular by providing the necessary financial means and political support;

6. Requests the Secretary General to inform the competent authorities and the source accordingly;

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 113^th IPU Assembly (October 2005).

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