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COLOMBIA
CASE N° CO/140 - WILSON BORJA

Resolution adopted unanimously by the IPU Governing Council at its 189th session
(Bern, 19 October 2011)

The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Wilson Borja, a former member of the Colombian Congress and a vocal critic of the Colombian Government, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/189/11(b)-R.1), and to the resolution adopted at its 188th session (April 2011),

Taking into account the communication of the Deputy Minister of the Interior dated 27 April 2011; also taking into account the information provided by the source on 26 May and 16 September 2011,

Recalling its long-standing concerns in this case with respect to the recurrent reported deficiencies in Mr. Borja’s security detail and the preliminary investigation which the Supreme Court initiated in June 2008 into his alleged links to the Revolutionary Armed Forces of Colombia (FARC); recalling its concerns regarding the possible release, after their opting to benefit under the Justice and Peace Act as demobilized paramilitaries, of three military members sentenced to prison sentences of up to 55 years for their responsibility in the attempt on Mr. Borja’s life in 2000; recalling also that the former head of the United Self-Defence Forces of Colombia (AUC), Mr. Salvatore Mancuso, detained in the United States, has reportedly admitted to instigating that attack and has accused the former Assistant Director of the Administrative Department of Security (DAS), Mr. José Miguel Narváez, at present detained on several charges, of having played a decisive role in it by linking Mr. Borja to FARC and inciting paramilitary groups to eliminate him,

Considering the following new information provided:

  • The Deputy Minister of the Interior stated that, following a meeting on 13 January 2011 between Mr. Borja and Ministry staff, his security detail had returned to normal, which Mr. Borja confirmed in his communication of 26 May 2011, and that further measures were taken to strengthen it;

  • The Deputy Minister of the Interior stated, with regard to the three military members sentenced for their responsibility in the attempt on Mr. Borja’s life, that those persons had been included by the Government in the list of those applying to benefit under that Act; the Minister stressed, however, that this in no way implied that they would automatically benefit under the Act; it was for the judicial authorities to determine whether they had met the requirements; on 26 May 2011, Mr. Borja stated that in the course of the legal proceedings his lawyer would argue that the persons did not qualify as beneficiaries under the Act;

  • On 19 May 2011, the Supreme Court decided to discontinue, for want of sufficient evidence, the investigation into accusations against Mr. Borja of illegal ties with FARC, which had started in June 2008,
  1. Thanks the Deputy Minister of the Interior for his extensive communication;

  2. Is gratified by the steps taken to strengthen Mr. Borja’s security; trusts that the authorities will continue closely to monitor his situation and effectively address any challenges to his protection that may arise;

  3. Is also gratified that the Supreme Court has taken a final decision on the criminal investigation against Mr. Borja; regrets nevertheless that it reached its conclusions only after three years, thereby unduly prolonging the significant stigma that such an ongoing investigation carries for a public figure like Mr. Borja;

  4. Trusts that the judicial authorities will ensure that the three military officers convicted for their participation in the attempt on Mr. Borja’s life continue to serve their sentences; wishes to be informed of any decision adopted in this respect; trusts that the Prosecutor’s Office is now also fully investigating the alleged implication in the attempt on Mr. Borja’s life of former paramilitary chief Mr. Salvatore Mancuso and former Assistant Director of DAS, Mr. José Miguel Narváez; would appreciate receiving updated information on both matters;

  5. Requests the Secretary General to convey this resolution to the competent authorities and to Mr. Borja;

  6. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 126th IPU Assembly (March/April 2012).
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