treatment; inter alia, he must not be subjected unnecessarily
to the torture entailed by the fact of awaiting death.
in accordance with the provisions of articles 7 and 10
of the Covenant.
The Human Rights Committee is responsible for
ensuring that the provisions of the International
Covenant on Civil and Political Rights are not violated
as a consequence of the execution of a sentence. I
therefore emphasize that the Committee must examine
the circumstances on a case-by-case basis. The
Committee must establish the physical and
psychological conditions to which the condemned
person has been subjected in order to determine
whether the behaviour of the Government authorities is
The Committee must therefore establish whether
the laws and actions of the State, and the behaviour and
conditions of the condemned person, make it possible to
determine whether the time elapsed between sentencing
and execution is reasonable and, on that basis, that it does
not constitute a violation of the Covenant. These are the
limits of the Human Rights Committee's competence to
determine whether there has been compliance with, or
violation of, the provisions of the International Covenant
on Civil and Political Rights.
Communication No. 612/1995
Submitted by: José Vicente and Amado Villafañe Chaparro, Dioselina Torres Crespo, Hermes Enrique
Torres Solis and Vicencio Chaparro Izquierdo [represented by counsel]
Alleged victims: José Vicente and Amado Villafañe Chaparro, Luís Napoleón Torres Crespo, Angel María
Torres Aroyo and Antonio Hugues Chaparro Torres
State party: Colombia
Declared admissible: 14 March 1996 (fifty-sixth session)
Date of adoption of Views*: 29 July 1997 (sixtieth session)
Subject matter: Arrest and subsequent disappearance
of indigenous community leaders by State
party’s military forces
are all members of the Arhuaco community, a
Colombian indigenous group, residing in
Valledupar, Department of Cesar, Colombia. It is
submitted that they are victims of violations by
Colombia of articles 2, paragraph 3; 6, paragraph 1;
7; 9; 14; and 27 of the International Covenant on
Civil and Political Rights. They are represented by a
lawyer, Mr. Federico Andreu Guzmán.
Procedural issues: Exhaustion of domestic remedies
Substantive issues: Enforced disappearances and
right to life - Unlawful and arbitrary detention
- Duty to investigate enforced disappearances
- Torture
The facts as submitted by the authors
Articles of the Covenant: 2 (3), 6 (1), 7, 9, 14 and 27
Articles of the Optional Protocol and Rules
of procedure: 4, paragraph 2, and 5,
paragraph 2 (b)
2.1 On 28 November 1990, at about 1 p.m., Luís
Napoleón Torres Crespo, Angel María Torres
Arroyo and Antonio Hugues Chaparro Torres
boarded a bus in Valledupar for Bogotá, where they
were scheduled to attend various meetings with
government officials. The same day, at about
11 p.m., José Vicente Villafañe and his brother,
Amado Villafañe, were arrested by soldiers from the
No. 2 Artillery Battalion “La Popa” stationed in
Valledupar. Lieutenant-Colonel Luís Fernando
Duque Izquierdo, Commander of the Battalion, had
issued a warrant to search the Villafañe brothers'
houses, ordering that the search be carried out by
Lieutenant Pedro Fernández Ocampo and four
soldiers. The search warrant had been authorized on
the basis of military intelligence to the effect that the
two men were members of a support unit for the
Guerrilla Group ELN (“Ejército de Liberación
Nacional”), and that they were storing arms and
Finding: Violation [articles 6, 7 and 9]
1.
The authors of the communication are José
Vicente Villafañe Chaparro and Amado Villafañe
Chaparro, filing a complaint on their own behalf, and
Dioselina Torres Crespo, Hermes Enrique Torres
Solis and Vicencio Chaparro Izquierdo, acting on
behalf of their respective deceased fathers, Luís
Napoleón Torres Crespo, Angel María Torres Arroyo
and Antonio Hugues Chaparro Torres. The authors
* In accordance with rule 85 of the rules of procedure,
one member of the Committee, Mrs. Pilar Gaitan de
Pombo, did not take part in the adoption of the Views.
135
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