COLOMBIA
CASE N° CO/01 - PEDRO NEL JIMENEZ OBANDO
CASE N° CO/02 - LEONARDO POSADA PEDRAZA
CASE N° CO/03 - OCTAVIO VARGAS CUELLAR
CASE N° CO/04 - PEDRO LUIS VALENCIA GIRALDO
CASE N° CO/06 - BERNARDO JARAMILLO OSSA
CASE N° CO/08 - MANUEL CEPEDA VARGAS
CASE N° CO/09 - HERNAN MOTTA MOTTA
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Resolution adopted unanimously by the IPU Governing Council at its 183rd session (Geneva, 15 October 2008)
The Governing Council of the Inter-Parliamentary Union,
Referring to the case concerning the murders between 1986 and 1994 of Mr. Pedro Nel Jiménez Obando, Mr. Leonardo Posada Pedraza, Mr. Octavio Vargas Cuéllar, Mr. Pedro Luis Valencia Giraldo, Mr. Bernardo Jaramillo Ossa and Mr. Manuel Cepeda Vargas and the death threats against Mr. Motta, which forced him into exile in October 1997, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/183/12(b)-R.1), and to the resolution adopted at its 182nd session (April 2008),
Recalling that all these persons were Colombian congressmen and members of the Unión Patriótica (Patriotic Union) party and that none of the murderers of five of the six then congressmen nor the perpetrators of the death threats against Mr. Motta, who still lives in exile, have been held to account,
Recalling that the Inter-American Commission on Human Rights decided in 2006 to examine the merits of the petition lodged in March 1997 pertaining to the persecution of the Unión Patriótica and the crimes committed against its members, which includes - directly and indirectly - the parliamentarians concerned, and had already decided in 2005 to do so with respect to the petition lodged in the case of Mr. Cepeda's assassination,
Considering that the Inter-American Commission adopted its confidential preliminary report in mid-August 2008 on the case of Mr. Cepeda, which it subsequently sent to the Colombian authorities, and that it is likely to adopt its report on the Unión Patriótica case shortly; that the petitioners in the case of Mr. Cepeda have already stated their wish to the Commission that the case be referred to the Inter-American Court of Human Rights, which, if this occurs, is expected to consider the case before the end of 2009 or early in 2010; recalling that the Committee has been requested to act as amicus curiae in each of these cases should they come before the Court,
Recalling that, in her February 2008 report on the human rights situation in Colombia (A/HRC/7/39), the United Nations High Commissioner for Human Rights stated that “structural problems persist in the administration of justice” and that there was "a need for further progress in the fight against impunity",
- Recalls that the Inter-American Convention on Human Rights, to which the State of Colombia is a party, and the jurisprudence developed by its supervisory bodies firmly guarantee the right to justice, truth and reparation for victims of human rights violations;
- Reaffirms its conviction that a full and swift examination of the case of Mr. Cepeda and that of the Unión Patriótica by the Inter-American Commission on Human Rights and, if necessary, the Inter-American Court is essential to helping effectively protect these rights in both cases;
- Notes therefore with satisfaction that the Inter-American Commission has presented its preliminary report in the case of Mr. Cepeda; trusts that the authorities have given it full consideration and acted on any recommendations that the Commission may have made; would greatly appreciate receiving information on developments in the consideration of the case of Mr. Cepeda by the Inter-American system, if and when this becomes publicly available;
- Trusts that the Commission will soon adopt its report on the Unión Patriótica case; would greatly appreciate being kept informed in this respect;
- Is confident that, through its oversight role, the Colombian Congress is doing everything in its power to ensure that the competent authorities take the necessary action to comply with Colombia's obligations under the Inter-American Convention in the cases at hand; would greatly appreciate receiving information on this point;
- Requests the Secretary General to inform the competent authorities and the source of this resolution;
- Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 120th Assembly of the IPU (April 2009).
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