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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

Resolution adopted unanimously by the IPU Governing Council at its 187th session
(Geneva, 6 October 2010)

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. Hernán Motta Motta, which forced him into exile in October 1997, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/187/12(b)-R.1), and to the resolution adopted at its 186th session (April 2010),

Referring also to the decision adopted by the Committee at its 130th session (July 2010),

  1. Endorses the views of the Committee as expressed in its decision of July 2010;

  2. Is gratified that the parliamentary authorities have agreed to the proposed on-site mission that will visit Colombia from 9 to 12 October 2010 with the mandate to promote progress in addressing the specific concerns in this case;

  3. Requests the Committee to continue examining the case and report to it at its next session, to be held on the occasion of the 124th IPU Assembly (April 2011), in the light of the mission's report and of such observations as the Colombian authorities and the sources may meanwhile have made thereon.
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Decision adopted by the Committee at its 130th session
(Geneva, 12 - 15 July 2010)

The Committee,

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. Hernán Motta Motta, which forced him into exile in October 1997, and to the

resolution adopted by the Governing Council at its 186th session (April 2010),

Recalling that the persons concerned were Colombian congressmen and members of the Patriotic Union party, and that none of the murderers or the perpetrators of the death threats against Mr. Motta, who still lives in exile, have been held to account,

Recalling that on 25 July 2008 the Inter-American Commission on Human Rights held the Colombian State accountable for the murder of Mr. Cepeda, by commission and omission; considering that on 26 May 2010, in a binding ruling, the Inter-American Court of Human Rights concluded that the Colombian State bore responsibility for the murder and ordered it, first, to carry out an effective investigation to establish the identity of the masterminds and the full scale of the cooperation between State agents and paramilitary forces in carrying out the crime and, secondly, to make reparation, including through the organization, in consultation with Mr. Cepeda's family, of an official ceremony in the Colombian Congress, or another prominent public place, during which the State of Colombia, in the presence of members of both Chambers of Congress and the highest State authorities, would publicly acknowledge its responsibility and offer an apology,

Considering that the Ministry for Foreign Affairs has stated that the State of Colombia will fully comply with the ruling but that the President of Colombia, Mr. Álvaro Uribe, in a public statement made on 26 June 2010, reportedly made an apology but affirmed that he was unable to say that the Colombian State was responsible and added that those who had petitioned the Inter-American Court had presented false information, acted out of hate, and unfairly brought shame on Colombians and the honour of the State; recalling that the report of the mission that the Committee sent to Colombia in August 2009 mentions President Uribe as laying part of the blame on the members of the Patriotic Union for what happened to them,

Recalling that a general petition regarding the persecution of the Patriotic Union and offences committed, directly and indirectly, against its members, which include, except for Mr. Cepeda's case, the aforementioned parliamentarians, is pending before the Inter-American Commission on Human Rights; recalling also that in the last two years the Procuraduría has given special attention to the case of Mr. Jaramillo, that the Prosecutor’s Office has assembled a special team focusing on violations committed against members of the Patriotic Union and reactivated investigations into the assassinations of Mr. Jiménez, Mr. Posada, Mr. Valencia, Mr. Cepeda and Mr. Jaramillo and into the death threats against Mr. Motta, and that in the case of Mr. Posada a suspect has reportedly been detained and is awaiting judgment,

Considering that parliamentary elections took place in Colombia on 14 March 2010,

  1. Takes note with satisfaction of the swift and constructive official response of the Ministry for Foreign Affairs to the ruling of the Inter-American Court of Human Rights in the case of Mr. Cepeda;

  2. Nevertheless expresses deep concern that subsequent remarks by Colombia's current President appear to contradict that response, disregard the unequivocal conclusions of the Court and discredit Mr. Cepeda’s family, thereby only prolonging their anguish and further jeopardizing their safety;

  3. Believes that for the full and faithful implementation of the ruling it is essential that the highest Colombian State authorities set an example in this respect; sincerely hopes therefore that the outgoing and incoming Presidents of Colombia will make a significant and genuine contribution to the official ceremony that the Court has suggested; would appreciate receiving information from the competent authorities on how and when they intend to organize this event, as set out in the ruling, and on the implementation of the other reparations to which the Court refers;

  4. Trusts that the authorities will also do their utmost to shed full light on the matter and establish full accountability for this crime by following the detailed instructions that the Court has given; would appreciate being kept informed of steps taken to this end;

  5. Trusts likewise that the authorities will pursue their efforts with the necessary resolve in order, to the extent possible, to elucidate the other assassinations and the death threats against Mr. Motta; wishes to ascertain what further recent steps the authorities have taken in the investigations and to receive a copy of the forthcoming judgment in the case of Mr. Posada;

  6. Trusts that, through its oversight function, the new Colombian Congress will do everything possible to help ensure that ongoing efforts to elucidate the murders of and death threats against parliamentarians of the Patriotic Union are pursued and that the State of Colombia fully implements the ruling of the Inter-American Court of Human Rights in the case of Mr. Cepeda;

  7. Considers that, with a new government and parliament shortly to be proclaimed in Colombia, an on-site mission to Colombia would be very timely for progressing in resolving the specific concerns relating to this case; consequently invites the Secretary General to establish contact with the authorities of the new Parliament with a view to organizing an on-site mission instructed, for the aforesaid purpose, to meet with the highest-level parliamentary, governmental and judicial authorities, with the families and lawyers of the assassinated Congress members, and with human rights organizations; is confident that the new Congress will respond favourably to this request and do its utmost to ensure that the mission can proceed as soon as possible;

  8. Requests the Secretary General to inform the competent Colombian authorities and the source of this decision;

  9. Decides to continue examining this case at its next session, to be held during the 123rd IPU Assembly (October 2010).
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