remedy, including the opportunity to lodge a new
appeal, or should this no longer be possible, to give
due consideration of granting him release. The State
party is also under an obligation to prevent similar
violations in the future.
May 1995 as argued by the State party, do not
constitute a remedy that has to be exhausted for
purposes of article 5, paragraph 2 (b), of the
Covenant.
7.6 Moreover, the Committee, recalling its
reasoning under paragraph 7.2 above, is of the
opinion that this remedy does not constitute a right
of review in the sense of article 14, paragraph 5, of
the Covenant because the cassation motion cannot be
submitted to a higher tribunal as it is required under
the said provision.
10. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
the State party has undertaken to ensure to all
individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee's Views. The
State party is also requested to publish the
Committee's Views.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose a violation
of article 14, paragraph 5, of the International
Covenant on Civil and Political Rights.
9.
In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide the author(s) with an effective
Communication No. 848/1999
Submitted by: Mr. Miguel Ángel Rodríguez Orejuela (represented by Pedro Pablo Camargo)
Alleged victim: The author
State party: Colombia
Views: 23 July 2002
Bogotá Prosecution Commission, which was
established by resolution of the Office of the Public
Prosecutor, adopted in accordance with article 250 of
the 1991 Constitution of Colombia,1 was given
responsibility for conducting the proceedings as
from 1993 and bringing the charge against him.
Subject matter: Criminal proceedings held before
authorities and jurisdictions established
subsequently to the moment when the
offences in question were committed
Procedural issues: Exhaustion of domestic remedies
Substantive issues: Fair trial - Right to be tried by a
competent tribunal - Right to a hearing
2.2 In a judgement handed down by the Bogota
Regional Court on 21 February 1997, the author was
sentenced to 23 years’ imprisonment and a fine. He
appealed against the sentence before the National
Court, which, in a judgement of 4 July 1997, upheld
the conviction at first instance but reduced the
sentence to 21 years’ imprisonment and a lower fine.
An appeal was lodged on 20 October 1997 before
the Colombian Supreme Court of Justice, which
upheld the conviction on 18 January 2001.
Articles of the Covenant: 14
Articles of the Optional Protocol: 5, paragraph 2 (b)
Finding: Violation (article 14, paragraph 5)
1.
The author of the communication is
Mr. Miguel Ángel Rodríguez Orejuela, a Colombian
citizen currently held at La Picota General
Penitentiary in Colombia for the offence of drug
trafficking. He claims to be a victim of the violation
by Colombia of article 14 of the International
Covenant on Civil and Political Rights. He author is
represented by counsel.
2.3 Both the Bogotá Regional Court and the
National Court were established by Emergency
Government Decree No. 2790 of 20 November 1990
(Defence of Justice Statute), and were incorporated
in the new Code of Criminal Procedure enacted by
Decree No. 2700 of 30 November 1991, which
entered into force on 1 July 1992, and which was
repealed by Law No. 600 of 2000 which is currently
The facts as submitted by the author
2.1 Miguel Ángel Rodríguez Orejuela was
charged with, among other activities, the offence of
engaging in drug trafficking on 13 May 1990. The
1
Adopted by Decree No. 2700 of 30 November 1991,
which entered into force on 1 July 1992.
106
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