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COLOMBIA
CASE N° CO/09 - HERNÁN MOTTA MOTTA
Resolution adopted unanimously by the Governing Council
at its 177th session (Geneva, 19th October 2005)


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/177/11(a)-R.1), and to the resolution adopted at its 176th session (April 2005),

Recalling that the name of Mr. Motta, a member of the Patriotic Union (Unión Patriótica), was on a hit list drawn up by the paramilitary group led by Mr. Carlos Castaño, that Mr. Motta 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, a stay of proceedings had been declared by order of 23 July 2001 in the case of the death threats made against Mr. Motta,

Recalling that since 1999 an amicable settlement procedure has been under way before the Inter-American Commission on Human Rights following a petition lodged in March 1997 pertaining to the persecution of the Unión Patriótica political party, that several working groups have been set up in that connection to examine human rights violations perpetrated against that party's members; that, during his mission to Colombia in March 2003, the Secretary General was informed that the procedure was lacking the necessary financial and other means, and that several members of the Unión Patriótica have expressed their intention to bring this matter to the Inter-American Commission on Human Rights,

  1. Stresses that, under Article 41 of the Rules of Procedure of the Inter-American Commission, any amicable settlement must be based on respect for the human rights recognized in the American Convention on Human Rights, the American Declaration of the Rights and Duties of Man, and other applicable instruments;

  2. Is deeply concerned that the prospect for a successful outcome of the amicable settlement procedure in the Unión Patriótica case, including for Mr. Motta's case, may be seriously compromised as a result of the continuous lack of any tangible results of the various working groups set up under the procedure, which in turn may be the result of a lack of the necessary financial and other resources;

  3. Once again urges the authorities to review and adapt these mechanisms with a view to making them effective; urges in particular the Colombian Congress to make its crucial contribution to this objective by providing the necessary financial means and political support; and would greatly appreciate receiving information about any steps taken to this end;

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

  5. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 114th IPU Assembly (May 2006).

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