The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Wilson Borja, a former 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/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 source may meanwhile have made thereon.

The Committee,

Referring to the case of Mr. Wilson Borja, an incumbent member of the Colombian Congress and vocal critic of the Colombian Government, and to the resolution adopted by the Governing Council at its 186th session (April 2010),

Recalling that an attempt was made on Mr. Borja’s life on 15 December 2000 after he had received repeated death threats and that the former head of the United Self-Defence Forces of Colombia (AUC), Mr. Salvatore Mancuso, detained in the United States of America, admitted in 2007 to having participated in the attack and pointed to a possible decisive role of former Assistant Director of the Administrative Department of Security (DAS), Mr. José Miguel Narváez, at present detained,

Recalling that, according to information provided by the source in January 2010, Mr. Borja's security detail was short of four bodyguards and that his own efforts to have their places filled were thwarted by the Ministry of the Interior,

Recalling further that on 4 July 2008 the Supreme Court opened a preliminary investigation into Mr. Borja and others for their alleged links to the Revolutionary Armed Forces of Colombia (FARC), an allegation which, according to the source, is unfounded, and that, 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 for an investigation at one year,

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

1. Is concerned at the absence of any updated information regarding Mr. Borja's security detail; considers that, in the light of the failed attempt on his life and the risks he incurs as a long-standing critical voice in Colombia, his protection has to be taken extremely seriously; calls on the Ministry of the Interior to ensure that an effective security detail is in place for him and would like to know in this respect whether the fact that Mr. Borja is no longer a member of Congress has affected his security situation and entitlements;

2. Trusts that the Prosecutor’s Office is now also fully investigating the alleged implication of Mr. Mancuso and Mr. Narváez in the attack on Mr. Borja; would appreciate receiving confirmation thereof along with information on any developments in the investigation;

3. Remains 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; recalls that, as a party to the International Covenant on Civil and Political Rights and to the 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;

4. 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 the matters pending in 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 and with the source; 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;

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

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

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