8.5 As to the Villafañe brothers' claim under
article 7, the Committee has noted the conclusions
contained in the decision of 27 April 1992, to the
effect that the brothers were subjected to illtreatment by soldiers from the No. 2 Artillery
Battalion “La Popa”, including being blindfolded
and dunked in a canal. The Committee concludes
that José Vicente and Amado Villafañe were
tortured, in violation of article 7 of the Covenant.
disappearances and violations of the right to life, and
to criminally prosecute, try and punish those deemed
responsible for such violations. This duty applies a
fortiori in cases in which the perpetrators such
violations have been identified.
9.
The Human Rights Committee, acting in
conformity with article 5, paragraph 4, of the
Optional Protocol to the International Covenant on
Civil and Political Rights, is of the view that the
facts before it reveal a violation by the State party of
articles 7 and 9 of the Covenant in the case of the
Villafañe brothers and of articles 6, 7 and 9 of the
Covenant in the cases of Luis Napoleón Torres
Crespo, Angel María Torres Arroyo and Antonio
Hugues Chaparro Torres.
8.6 Counsel has alleged a violation of article 9 in
respect of the three murdered indigenous leaders.
The above-mentioned decision of the Human Rights
Division concluded that the indigenous leaders'
abduction and subsequent detention were illegal (see
paras. 7.2 and 7.3 above), as no warrant for their
arrest had been issued and no formal charges had
been brought against them. The Committee
concludes that the authors' detention was both
unlawful and arbitrary, violating article 9 of the
Covenant.
10. Under article 2, paragraph 3, of the Covenant,
the State party has an obligation to ensure that
Mr. José Vicente and Mr. Amado Villafañe and the
families of the murdered indigenous leaders shall
have an effective remedy, which includea
compensation for loss and injury. The Committee
takes note of the content of decision No. 029/1992,
adopted by the Human Rights Division on
29 September
1992,
upholding
decision
No. 006/1192 of 27 April, but urges the State party
to expedite the criminal proceedings for the prompt
prosecution and trial of the persons responsible for
the abduction, torture and death of Mr. Luis
Napoleón Torres Crespo, Mr. Angel María Torres
Arroyo and Mr. Antonio Hugues Chaparro Torres
and of the persons responsible for the abduction and
torture of the Villafañe brothers. The State party also
has an obligation to ensure that similar events do not
occur in the future.
8.7 Counsel has claimed a violation of article 14
of the Covenant in connection with the interrogation
of the Villafañe brothers by members of the armed
forces and by a civilian with military authorization
without the presence of a lawyer and with total
disregard for the rules of due process. As no charges
were brought against the Villafañe brothers, the
Committee considers it appropriate to speak of
arbitrary detention rather than unfair trial or unfair
proceedings within the meaning of article 14. The
Committee accordingly concludes that José Vicente
and Amado Villafañe were arbitrarily detained, in
violation of article 9 of the Covenant.
8.8 Lastly, the Committee has repeatedly held
that the Covenant does not provide that private
individuals have a right to demand that the State
criminally prosecute another person2. The
Committee nevertheless considers that the State
party has a duty to investigate thoroughly alleged
violations of human rights, particularly enforced
11. 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 and subject to its
jurisdiction the rights recognized in the Covenant
and to provide effective remedies in cases where 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.
2
See the decisions adopted on cases No. 213/1986
(H.C.M.A. v. the Netherlands), adopted 30 March 1989,
para. 11.6; No. 275/1988 (S.E. v. Argentina), adopted
26 March 1990, para. 5.5; Nos. 343-345/1988 (R.A., V.N.
et al. v. Argentina), adopted 26 March 1990, para. 5.5.
141
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