The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Luis Carlos Galán Sarmiento, a member of the Colombian Senate and a nominee for the New Liberalism party in the presidential elections, who was murdered at a political rally on 18 August 1989 in the main square of Soacha municipality, department of Cundinamarca, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/186/12(b)-R.1), and to the resolution adopted at its 185th session (October 2009),

Having before it the written report of the on-site mission to Colombia carried out from 22 to 24 August 2009 (CL/186/12(b)-R.2) for the purpose of raising the Committee's concerns in this and the other Colombian cases and of gaining a better understanding of the political and legal environment in Colombia in which they are situated; taking into account the communication from the Prosecutor's Office dated 4 March 2010,

Recalling that the source affirms that the crime was masterminded by Mr. Pablo Escobar, Mr. Gonzalo Rodríguez Gacha and Mr. Alberto Santofimio Botero, a politician from Tolima and member of the political wing of the Medellín cartel; while Mr. Santofimio was found guilty at first instance, in October 2008, the High Court of Cundinamarca quashed the verdict and acquitted him; in response, the Prosecutor's Office and Mr. Galán's family, as the complainant in the proceedings, have filed a cassation petition in the Supreme Court, which is reportedly due to deliver its ruling soon,

Considering that on 18 August 2009 an arrest warrant and detention order was issued for General Miguel Maza Márquez, who at the time of the murder was the Director of the Administrative Department of Security (DAS), on accusations of involvement in Senator Luis Carlos Galán's murder; on 3 February 2010 the Chief Prosecutor General of Colombia took over the case from the Prosecutor's National Human Rights Unit owing to a privilege question arising from Mr. Maza's status as a Director of the DAS at the time of the alleged facts; the source emphasizes that the Supreme Court of Colombia in the case of General Rito Alejo del Río has clearly stated that such privilege applies only if the accusations are strictly related to the exercise of the function, which they are not in the case of Mr. Maza; according to the source, Mr. Maza will automatically be released unless the Prosecutor's Office charges him by 16 April 2010,

Considering also that on 25 November 2009 the Attorney General (Procuraduría) of Colombia, which has formed a special team to conduct the investigations into the murder, requested the Prosecutor's Office to extend the investigation to retired General Oscar Peláez Carmona; Mr. Peláez was the Chief of the Criminal Investigation Department at the time and had allegedly acted in complicity with Mr. Maza in misleading and obstructing the original investigation,

Considering further that the source and the prosecuting authorities are defending the theory that the murder was part of a pattern of persecution of members of Senator Luis Carlos Galán's party, and hence a crime against humanity, which would mean that the statute of limitations of 20 years to which the crime of murder is subject in Colombia would not apply,

Considering finally that the National Police of Colombia, in its report of 23 November 2006, concluded that Senator Juan Manuel Galán, who has been at the forefront of claiming justice in the case of his father's murder, was at exceptional risk; the source affirms that in the light of recent developments in the pursuit of justice and the pending ruling of the Supreme Court in the case of Mr. Santofimio, this risk has further increased; the National Police are investigating an anonymous threat made against Senator Juan Manuel Galán, according to which there would be an attempt on his life, which investigation is being carried out under the guidance of Prosecutor's Office 45 of Cartagena (No. 12288); in spite of four letters sent in June and August 2009 by Senator Juan Manuel Galán to the National Police and the Ministry of the Interior and Justice, requesting an armoured vehicle and appropriate communication equipment and bulletproof vests for himself and his family, no steps appear to have been taken to provide such security facilities,

1. Commends the delegation for its work and fully endorses the findings and recommendations contained in the report;

2. Is alarmed at the mounting evidence and leads which corroborate initial suspicions that the murder of Senator Luis Carlos Galán was carried out with the involvement of the most senior officers of the authorities in charge of law and order in Colombia;

3. Considers that the issues at stake in this case are of such importance to the preservation of the rule of law in Colombia that they justify the authorities' doing their very utmost to ensure full justice;

4. Is pleased therefore that the Offices of the Prosecutor and the Attorney General (Procuraduría) have given priority to this matter in the last two years; is confident that the Chief Prosecutor of Colombia will ensure that the results obtained by his Office in the investigation into the possible involvement of Mr. Maza are fully safeguarded and that he will decide with the utmost urgency, giving due consideration to all the information on file, whether or not to bring formal charges against Mr. Maza; nevertheless fails to understand how, in the light of the accusations made against him, Mr. Maza would be entitled to privilege, and wishes to receive clarification on this point; also wishes to ascertain whether the Prosecutor's Office is now also focusing on the possible involvement of Mr. Peláez and when the courts are due to rule on the proposed thesis of a crime against humanity;

5. Expresses deep concern that Senator Juan Manuel Galán and his family are without the security detail they have requested; can but consider in this respect that the threat against him shows that their protection has to be taken extremely seriously and that, by not addressing his requests diligently and swiftly, the authorities are putting him at great and unnecessary risk, particularly at a time when the pursuit of justice in the case of his father is taking a decisive turn; urges the Ministry of the Interior and Justice to take immediate steps to ensure that an effective security arrangement for him and his family is put in place; trusts that the Prosecutor's Office is investigating the threat against Senator Juan Manuel Galán with all due speed and diligence and will soon be able to identify and hold the culprit(s) to account; wishes to be kept informed in this respect;

6. Eagerly awaits the Supreme Court's ruling on the cassation petition; would appreciate receiving a copy of it when it becomes available;

7. Requests the Secretary General to inform the competent Colombian authorities and the source of this resolution accordingly;

8. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 123rd IPU Assembly (October 2010).

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