The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Alvaro Araújo Castro, a former member of the Colombian Congress, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/188/13(b)-R.1, and to the resolution adopted at its 187th session (October 2010),

Having before it the written report of the on-site mission which the Committee carried out to Colombia from 9 to 13 October 2010 (CL/188/13(b)-R.2),

Recalling the following information on file:

• On 15 February 2007, the Supreme Court issued detention orders for then Senator Araújo Castro on charges of aggravated criminal conspiracy and electoral coercion; he was also charged with aggravated abduction for the purpose of extortion, which charge was later dismissed;

• Given that Colombian members of parliament are investigated and judged in single-instance proceedings by the Supreme Court, on 27 March 2007 Mr. Araújo relinquished his seat in Congress, as a result of which his case was transferred to the ordinary judicial system, under which he is investigated by the Prosecution Office and tried by an ordinary court with the possibility of appeal;

• However, after a reinterpretation of its jurisprudence, the Supreme Court re‑established its jurisdiction with respect to his case and, on 18 March 2010, without giving him the opportunity of being heard, declared him guilty of aggravated criminal conspiracy and coercion of voters and sentenced him to a prison term of 112 months and payment of a fine;

• A legal expert, Mr. Alejandro Salinas, whom the Committee entrusted with examining the question of whether the right to a fair trial had been respected in the case, concluded that the legal proceedings against Mr. Araújo were fundamentally flawed;

• In April 2010, by order of the Supreme Court, an investigation was launched against the magistrate who had earlier considered inadmissible an abduction case previously brought against Mr. Araújo; in March 2010, the Prosecutor’s Office opened an investigation into Mr. Araújo for his alleged responsibility in the murder in 1996, at the hands of paramilitaries, of his employee Mr. Eusebio de Jesús Castro Visbal; on 21 May 2010, Mr. Araújo submitted a pleading in which he defended himself against a charge of illicit enrichment, stemming from the sentence handed down on him by the Supreme Court,

• On 30 November 2010, Mr. Araújo's prison detention was changed to house arrest after he suffered a hypertensive crisis on 25 November 2010; he was released in early February 2011 upon completing three fifths of his sentence;

• Contrary to what the acting Public Prosecutor told the delegation on the occasion of the on-site mission to Colombia (October 2010), the source affirms, in its communication of 26 January 2011, that the investigation into Mr. Araújo's alleged involvement in the murder of an employee of his was ongoing; the source affirms that the Prosecutor's Office had ordered that the employee’s widow be provided with protection, in view of the risk to her life posed by the Araújo family, and was persuading demobilized paramilitary member "El Pájaro" to make incriminating statements against Mr. Araújo,

1. Thanks the Colombian authorities for hosting the mission and making the necessary arrangements to enable it to carry out its mandate;

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

3. Considers that, while Mr. Araújo has now finally been released, the on-site mission report has only deepened its concerns about the legal basis for imprisoning him in the first place, given the lack of respect for a fair trial in the proceedings and of compelling tangible and direct evidence to substantiate the conviction on charges of aggravated criminal conspiracy and electoral coercion for working with the paramilitary;

4. Is deeply concerned therefore that the Supreme Court has taken this conviction as the basis for ordering an investigation into the much more serious accusation that he was in fact part of the paramilitary structure;

5. Considers that so long as basic fair-trial concerns are not addressed, and there is no real evidence that they are, such investigation would be misguided; under the current circumstances, therefore, urges the authorities to discontinue it;

6. Reaffirms its belief that the concerns about lack of fair-trial standards that are inherent in the procedure applicable to Colombian members of Congress in criminal matters can only be fully addressed through new legislation; urges the parliamentary authorities, therefore, to ensure that the planned reform of the justice system includes a genuine separation between the investigating authorities and the courts, and an effective possibility for appeal offering members of parliament guarantees that their cases will be re‑examined impartially; reaffirms that the Inter-Parliamentary Union is ready to help the National Congress advance in these matters;

7. Notes the conflicting information from the authorities and the source regarding the investigation into Mr. Araújo's alleged involvement in the murder of an employee of his; wishes to ascertain from the authorities whether an official investigation is indeed ongoing and, if so, on the basis of what facts, and how the concerns regarding the use of statements by demobilized paramilitary members in criminal proceedings are being addressed;

8. Requests the Secretary General to convey this resolution to the competent authorities and the source; requests him finally to look into the possibility of sending, when and where appropriate, a trial observer to the proceedings pending against Mr. Araújo;

9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 125th IPU Assembly (October 2011).

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