The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Wilson Borja, an incumbent member of the Colombian Congress and vocal critic of the Colombian Government, 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 carried out to Colombia 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; also having before it a communication from the Prosecutor's Office dated 19 March 2010,

Recalling that an attempt was made on Mr. Borja's life on 15 December 2000 after he had received repeated death threats; considering that the former head of the United Self-Defence Forces of Colombia (AUC), Mr. Salvatore Mancuso, detained in the United States after admitting to masterminding the attack, has turned over a series of documents to the Colombian authorities reportedly proving that Generals Jorge Enrique Mora and Castellano knew of the attempt but that the Office of the Prosecutor decided against continuing the investigation into their possible involvement; Mr. Mancuso also affirms that the former Assistant Director of the Administrative Department of Security (DAS), Mr. José Miguel Narváez, at present detained, may have played a decisive role in the attack by linking Mr. Borja to the Revolutionary Armed Forces of Colombia (FARC) and inciting paramilitary groups to eliminate him; recalling also that DAS has illegally intercepted communications and followed the movements of Mr. Borja and other high-profile Colombian personalities and institutions,

Recalling that there have been recurring deficiencies in Mr. Borja's security arrangements without any action being taken; considering the latest information provided by the source, according to which Mr. Borja's security detail has been short of four bodyguards and that his own efforts to have their places filled have been thwarted by the Ministry of the Interior and Justice,

Recalling further that on 4 July 2008 the Supreme Court opened a preliminary investigation into Mr. Borja and others for their alleged links to FARC, which, according to the source, is unfounded; according to the latest information from the source, the preliminary investigation continues, even though not a shred of evidence has been presented and despite a legal provision setting the maximum length of the investigation at one year; recalling also that, before the investigation, Mr. Borja was publicly linked by the Colombian Government at the highest level to FARC in a radio interview on 20 February 2007,

Considering that legislative elections took place in Colombia on 14 March 2010 and that Mr. Borja was not re-elected,

1. Commends the delegation for its work and fully endorses the findings and recommendations contained in the report; thanks the Prosecutor's Office for the information recently provided about steps taken to hold to account those who threatened or attacked Mr. Borja;

2. Remains deeply concerned at the continuing failure to afford Mr. Borja a fully functioning security detail; can but consider in this respect that, in the light of the failed attempt on his life and the risks he incurs as a long-running critical voice in Colombia, his protection has to be taken extremely seriously and that, by not addressing his complaints diligently and swiftly, the authorities are putting him at great and unnecessary risk; urges the Ministry of the Interior and Justice to take immediate steps to bolster his security detail;

3. Is alarmed at the extensive accusations that State agents bear active and passive responsibility for the attack on Mr. Borja's life and that the very State institution responsible for providing security to persons at risk has without hindrance promoted and carried out a policy of illegality, thereby undermining the rule of law in Colombia; trusts that the competent authorities are doing their utmost by establishing full accountability and taking effective action to ensure full respect for the law by DAS, and by vigorously pursuing their ongoing investigation into the allegations that paramilitary groups cooperated with members of the armed forces to target Mr. Borja; notes that the information recently provided by the Prosecutor's Office does not indicate whether proceedings against Mr. Narváez are under way and whether Mr. Mancuso is being prosecuted in connection with the attack on Mr. Borja; would appreciate receiving this information along with clarifications as to why two generals who were allegedly aware of the attack are not being prosecuted;

4. Is deeply concerned that, reportedly in the absence of any proof and beyond the expiry of statutory deadlines, Mr. Borja continues to be subjected to a criminal investigation; regrets that Mr. Borja's campaign to stand in the recent parliamentary elections took place in the context of prolonged uncertainty in this case, which can only have harmed his chances of re-election; recalls that, as a party to the International Covenant on Civil and Political Rights and to the Inter-American Convention on Human Rights, the State of Colombia must guarantee the right to a fair trial, which comprises the right to be tried without undue delay; calls on the authorities therefore to handle the case with the utmost urgency, either dismissing it or bringing it to trial forthwith; wishes to ascertain what steps the authorities intend to take in this respect;

5. Requests the Secretary General to bring this resolution to the attention of the competent authorities and of the source;

6. 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).

Note: you can download a complete electronic version of the brochure "Results of the 122nd IPU Assembly and related meetings" in PDF format (file size 649K approximately). This version requires Adobe Acrobat Reader, which you can download free of charge.

HOME PAGEHUMAN RIGHTSMAIN AREAS OF ACTIVITYIPU STRUCTURE AND DOCUMENTS