The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Jorge Tadeo Lozano Osorio, a former member of the Colombian Congress, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/178/12(b)-R.1), and to the resolution adopted at its 177th session (October 2005),

Recalling the following:

• In May 1990, when Mr. Tadeo Lozano was a congressman, an investigation was launched on the basis of his alleged illicit enrichment. In September 1992, the Supreme Court of Justice ruled that there were no grounds for prosecuting Mr. Lozano. The prosecutor appealed against that decision, which was upheld on appeal. Mr. Lozano submitted a request for reparation for the damages incurred. The prosecutor subsequently filed, on the basis of the same evidence, two complaints against Mr. Lozano accusing him of malicious use of legal process. He was cleared on both counts. The prosecutor then used the same evidence to bring a new charge against Mr. Lozano of embezzlement, alleging that he had unlawfully granted subsidies in 1990. An investigation was formally launched in March 1994, and closed on 17 February 1997. The prosecutor had meanwhile become a member of the Supreme Court, which on 17 August 2000 found Mr. Lozano guilty of the charge and sentenced him to 12 years' imprisonment. Mr. Lozano was released on parole in January 2005;

• By virtue of Article 186 of the 1991 Constitution in force at the time of his conviction, Mr. Lozano did not enjoy the right to appeal as members of Congress were investigated and judged by the Supreme Court at first and last instance: Mr. Lozano was reportedly denied access to the file for more than four years; during the investigation phase and the trial itself, he was reportedly denied the right to present evidence and witnesses and to have prosecution witnesses cross-examined, and legal deadlines were extensively exceeded;

• Mr. Lozano brought his case before the Inter-American Commission on Human Rights; the case was first declared inadmissible; in August 2002, however, the Executive Secretary of the Inter-American Commission stated that the question of admissibility of the case would be re-examined in the light of the Inter-American Commission’s jurisprudence; such action has nevertheless not yet been taken,

Considering that the Commission’s next session will be held in June 2006 in Guatemala and that the Committee has received assurances that the case of Mr. Lozano will be raised on that occasion,

1. Remains concerned that Mr. Lozano was convicted and given a heavy prison sentence as a result of fundamentally flawed proceedings without being afforded the possibility of challenging them on appeal;

2. Firmly believes that full and swift consideration of his case by the Inter-American Commission is crucial to helping effectively address the prejudice which Mr. Lozano has suffered and to increasing the likelihood of his being afforded appropriate reparation by the Colombian authorities;

3. Is therefore pleased at the prospect that his case will be raised at the Commission's next session; and sincerely hopes that the Commission will pronounce on the admissibility and rule on the merits of the case as early as possible;

4. Requests the Secretary General to inform the Inter-American Commission on Human Rights, the competent Colombian authorities, and Mr. Lozano accordingly;

5. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 115th IPU Assembly (October 2006).

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