9.5 With regard to the authors’ allegations under
article 7, the Committee notes that, in the decision of
27 February 1998 referred to in the preceding
paragraphs,
the
Attorney-General’s
Office
acknowledged that the victims Gustavo Coronel
Navarro, Nahún Elías Sánchez Vega, Luis Ernesto
Ascanio Ascanio and Luis Honorio Quintero Ropero
had been subjected to treatment incompatible with
article 7. Taking into account the circumstances of
the disappearance of the four victims and that the
State party has not denied that they were subjected to
treatment incompatible with that article, the
Committee concludes that the four victims were the
object of a clear violation of article 7 of the
Covenant.
8.5 Lastly, the authors reiterate that the fact that
the State party has nothing to say about the incidents
and violations referred to in the communication, or
about the denial of effective remedy for such serious
violations, can only be interpreted as an acceptance
of the facts.
Issues and proceedings before the Committee
9.1 The Committee has considered the
communication in the light of all the information
provided by the parties in accordance with article 5,
paragraph 1, of the Optional Protocol. The Committee
notes that the State party continues to maintain that all
domestic remedies have not been exhausted and that
several procedures are still pending. The Committee
considers that the application of domestic remedies
has been unduly prolonged and that, consequently, the
communication can be considered under article 5,
paragraph 2 (b), of the Optional Protocol.
9.6 However, with regard to the allegations
concerning Ramón Emilio Sánchez, Ramón Emilio
Quintero Ropero and Ramón Villegas Téllez, the
Committee considers that it does not have sufficient
information to determine whether there has been a
violation of article 7 of the Covenant.
9.2 The Committee notes that the State party did
not provide any more information concerning the
facts of the case. In the absence of any reply from
the State party, due consideration should be given to
the authors’ complaints to the extent that they are
substantiated.
9.7 With regard to the claim under article 17, the
Committee must determine whether the specific
conditions in which the raid on the homes of the
victims and their families took place constitute a
violation of that article. The Committee takes note of
the authors’ allegations that both the raids and the
detentions were carried out illegally, since the
soldiers did not have search or arrest warrants. It also
takes note of the corroborating testimony gathered
from witnesses by the Attorney-General’s Office
showing that the procedures were carried out
illegally in the private houses where the victims were
staying. In addition, the Committee considers that
the State party has not provided any explanation in
this regard to justify the action described.
Consequently, the Committee concludes that there
has been a violation of article 17, paragraph 1,
inasmuch as there was unlawful interference in the
homes of the victims and their families or in the
houses where the victims were present, including the
home of the minor Luis Ernesto Ascanio Ascanio,
even though he was not there at the time.
9.3 With regard to the authors’ claim that there
was a violation of article 6, paragraph 1, the
Committee notes that, according to the authors, the
Special Investigations Unit of the AttorneyGeneral’s office established, in its final report of 29
June 1994, that State officials were responsible for
the victims’ detention and disappearance. Moreover,
in its decision of 27 February 1998, which the
Committee had before it, the Human Rights Division
of the Attorney-General’s Office acknowledged that
State security forces had detained and killed the
victims. Considering, furthermore, that the State
party has not refuted these facts and that it has not
taken the necessary measures against the persons
responsible for the murder of the victims, the
Committee concludes that the State did not respect
or guarantee the right to life of Gustavo Coronel
Navarro, Nahún Elías Sánchez Vega, Ramón Emilio
Sánchez, Ramón Emilio Quintero Ropero, Luis
Honorio Quintero Ropero, Ramón Villegas Téllez
and Luis Ernesto Ascanio Ascanio, in violation of
article 6, paragraph 1, of the Covenant.
9.8 The Human Rights Committee, acting under
article 5, paragraph 4 of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts that have been set forth
constitute violations of article 6, paragraph 1; article
7 in respect of Gustavo Coronel Navarro, Nahún
Elías Sánchez Vega, Luis Ernesto Ascanio Ascanio
and Luis Honorio Quintero Ropero; article 9; and
article 17 of the Covenant.
9.4 With regard to the claim under article 9, the
Committee takes note of the authors’ allegations that
the detentions were illegal in the absence of any
arrest warrants. Bearing in mind that the State party
has not denied this fact, and since, in the
Committee’s opinion, the complaint is sufficiently
substantiated by the documents mentioned in
paragraph 9.3, the Committee concludes that there
has been a violation of article 9 of the Covenant in
respect of the seven victims.
10. In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party has an obligation to
provide the victims’ relatives with effective remedy,
including compensation. The Committee urges the
State party to conclude without delay the
investigations into the violation of articles 6 and 7
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