referred it to the Technical Corps of the Judicial
Police, where it was kept pending.
crime, since the place where the body was
discovered lent itself to the purpose of such
offence ..". They were further unable to establish the
victim's identity, as no fingerprints had been taken in
September 1987, and concluded that the perpetrators
and the victim came from another region, i.e. Bogota
or Villavivencio. The case was then suspended.
2.11 Counsel contends that the Colombian
authorities displayed serious negligence in the
handling of Nydia Bautista's case. He observes that
the authorities at no time adequately investigated the
events, and that coordination between the different
authorities involved was either poor or non-existent.
Thus, once the Chief of the Special Investigations
Division was removed from office, no follow-up was
given to the case, in spite of the testimony of
Mr. Garzón Garzón. For several years, Nydia
Bautista's family relied on non-governmental
organizations to obtain information about any steps
taken to prosecute the perpetrators. In this context, it
is noted that in February 1992, a non-governmental
organization received information to the effect that
the case had been reopened, that disciplinary and
criminal proceedings against Colonel Velandia
Hurtado had started, and that investigations into the
alleged involvement of other people had also been
initiated.
2.7 Early in 1990, Nydia Bautista's family learned
about the unidentified woman buried in Guayabetal
whose known characteristics corresponded to those
of Nydia. After much pressure from the family, the
Special Investigations Division of the AttorneyGeneral's Office ordered the exhumation of the body
on 16 May 1990, which was carried out on
26 July 1990. Nydia's sister identified the pieces of
cloth, bag and earring and, on 11 September 1990, a
detailed report of forensic experts confirmed that the
remains were those of Nydia Bautista.
2.8 On 22 February 1991, a sergeant of the 20th
Brigade of the military's Intelligence and
Counterintelligence Unit, Bernardo Alfonso Garzón
Garzón, testified before the chief of the Special
Investigations Division that Nydia Bautista had been
abducted by members of the 20th Brigade, acting
either with the consent or on order of the highest
commanding officer, one (then) Colonel Alvaro
Velandia Hurtado. He further revealed that Sgt.
Ortega Araque drove the jeep in which Nydia
Bautista was abducted, and added that she had been
held for two days in a farm before taken to
Quebradablanca, where she was killed.
2.12 Finally, counsel notes that Nydia Bautista's
family, and he himself, have received death threats
and are subject to intimidation, because of their
insistence in pursuing the case.
The complaint
3.
It is submitted that the facts outlined above
amount to violations by Colombia of articles 2,
paragraph 3; 6, paragraph 1; 7 and 14 of the
Covenant.
2.9 Nydia Bautista's father filed a request for
institution of disciplinary proceedings against those
held to be responsible for the disappearance of his
daughter. For a year thereafter, the family was kept
unaware whether the Special Investigations Division
or the Division of Human Rights had in fact initiated
criminal or disciplinary proceedings in the case.
Counsel for the family wrote numerous letters to the
Minister of Defence and the Attorney-General,
requesting information on the outcome of the
investigations, if any, and on the status of the case
before the courts. On 29 January 1992, a prosecutor
in the Division of Human Rights informed him that
the case had been referred back to the competent
prosecutor's office, so as to complete investigations
in the case. On 3 February 1992, the SecretaryGeneral of the Ministry of Defence indicated that the
case was not under investigation before the military
courts.
State party's
observations
admissibility
information
and
4.1 The State party submits that its authorities
have been doing, and are doing, their utmost to bring
to justice those held responsible for the
disappearance and death of Nydia Bautista. It adds
that available domestic remedies in the case have not
been exhausted.
4.2 The state of disciplinary proceedings in the
case is presented as follows:
–
Disciplinary proceedings were first
initiated by the Division of Special Prosecutions,
Office of the Attorney-General (Procuraduría
General). This office appointed an investigator of
the Judicial Police (Policía Judicial). When the net
result of his investigations proved inconclusive, the
case was placed before the ordinary tribunals.
2.10 Counsel argued that at the time of Nydia's
abduction, her family could not file for amparo, as
one of the requirements for a petition for amparo is
that the petitioner must indicate where and by which
authority the person is detained. The family was also
unable to join the proceedings as a civil party, as the
examining magistrates in charge of the case had
–
In 1990, the Division of Special
Investigations took up the case again, after the
victim's body had been found. On 22 February 1991,
this office heard the testimony of Mr. Garzón
Garzón, then a member of the Colombian National
104
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