E/CN.4/2000/9
page 56
246.
On 29 March 1994, the Special Rapporteur transmitted to the Government a
communication concerning Luis Francisco Rodríguez, who was allegedly tortured on
4 August 1993 by members of National Army Mobile Brigade No. 1 in Puerto Rico,
Meta (see E/CN.4/1995/34, para. 132). By letter dated 10 November 1998, the
Government indicated that the alleged acts actually dated back to 11 August
1992. Proceedings had been instituted on 7 October 1992, the dates of the
investigation having been registered at the Granada (Meta) police station. On
22 May 1994, the investigation was halted for lack of evidence.
247.
On 10 May 1994, the Special Rapporteur transmitted an urgent appeal
concerning Luis Antonio Tellez and Ayda Martínez, who were reportedly tortured
on 1 May 1994 by members of the Judicial and Investigative Police Section
(SIJIN) (see E/CN.4/1995/34, para. 134). By letter dated 30 January 1998, the
Government indicated that disciplinary charges had been brought against three
police officers, including a captain, but that they were later exonerated
through cumulative evaluation of the evidence.
248.
On 29 May 1995, the Special Rapporteur transmitted to the Government
communications received on a number of alleged cases of torture and illtreatment in Colombia. On 30 January, 9 June and 31 July 1998, the Government
transmitted to the Special Rapporteur the replies summarized below.
249.
Rosalba Segura was reportedly tortured and raped on 14 October 1993 by
soldiers from the Reveiz Battalion in La Esmeralda, Arauquita, Arauca (see
E/CN.4/1996/35/Add.1, para. 143). The Government indicated that investigation of
the case was being conducted by Military Court of Criminal Investigation No. 124.
250.
Orlando Rafael Pujía Giraldo was allegedly tortured by army personnel in
January 1984 in Cartagena (see E/CN.4/1996/35/Add.1, para. 147). The Government
indicated that on 16 February 1994, Court No. 28 was assigned by the Court of
First Instance of Mechanized Infantry Battalion No. 6 in Cartagena to carry out
preliminary investigations concerning a captain. The proceedings ended with a
refusal order on 14 June 1994 when it was found that Mr. Pujía Giraldo had not
been tortured by the captain who had been charged and because two physicians
gave a diagnosis of drug dependency, a decisive factor in the lodging of the
complaint.
251.
Alexander Peñuela Sanabria was allegedly detained and tortured by members
of the SIJIN on 18 September 1994 in Barranquilla (see E/CN.4/1996/35/Add.1,
para. 153, and E/CN.4/1997/7/Add.1, para. 105). The Government indicated that
while the Court of First Instance had ruled that the agents charged should be
punished by withdrawal from service, the decision was overruled on appeal.
252.
Jaime Valencia Cruz was detained and allegedly tortured by members of the
National Army on 25 June 1993, in Buenos Aires, Cauca (see E/CN.4/1996/35/Add.1,
para. 138). The Government indicated that, according to investigations carried
out by the Calí Regional Procurator's Office, the reasons for his detention were
unlawful possession of two 9-mm handguns; his affiliation with the National
Liberation Army (ELN) was also cited. When he was brought before the court he
did not complain of torture. On 18 February 1994 he was convicted of resisting
arrest and sentenced to 40 months' imprisonment with a suspended sentence in
exchange for his confession. The Government provided these facts by letter dated
10 November 1998.
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