in the judicial proceedings "unreasonable" within the meaning of article 5, paragraph 2 (b), of the Optional Protocol. Army. According to the State party, his testimony could never be corroborated. The State party notes that Mr. Garzón Garzón's whereabouts are currently unknown The file reveals that Mr. Garzón Garzón requested special police protection for himself and his family after giving his testimony.. 5.2 The Committee considered the author's claims under articles 6, 7 and 14 of the Covenant to have been sufficiently substantiated, for purposes of admissibility, and noted that the facts as submitted also appeared to raise issues under articles 9 and 10. – After this deposition, the Special Investigations Division sent three communications to Nydia Bautista's sister, to which no reply was given. 5.3 On 11 October 1994, therefore, the Committee declared the communication admissible in so far as it appeared to raise issues under articles 6, paragraph 1, 7, 9, 10 and 14, paragraph 3 (c), of the Covenant. – Given the lack of evidence, the Division then filed the case, but nevertheless referred the file to the National Delegate for Human Rights (Delegado para los Derechos Humanos). This office examined the possibility of instituting disciplinary proceedings against Mr. Velandia Hurtado and Sergeant Ortega Araque, both of whom had been heavily implicated by Mr. Garzón Garzón's testimony. State party's information and observations on the merits and counsel's comments thereon 6.1 In its initial submission under article 4, paragraph 2, of the Optional Protocol, dated 30 May 1995, the State party observes that the proceedings in the case remain pending and requests the Committee to take this situation into account in the adoption of any final decision. 4.3 The State party gives the following summary of so-called administrative proceedings in the case: On 24 July 1992, the Bautista family filed an administrative complaint against the Ministry of Defence, claiming compensation before the Administrative Tribunal of Cundinamarca. The case was registered under file No. 92D-8064, in compliance with article 86 of the Code of Administrative Procedure (Código Contencioso Administrativo). On 18 August 1992, this complaint was declared admissible, and the Ministry presented oral replies to the charges on 3 November 1992. On 27 November 1992, the Administrative Tribunal ordered the gathering of further evidence; according to the State party, this evidence is still being sought, more than 18 months after the order. 6.2 As far as disciplinary proceedings are concerned, the State party indicates that the case against Messrs. Velandia Hurtado and Ortega Araque is pending under file No. 008-147452 before the National Delegate for Human Rights. The formal procedure was initiated on 3 March 1994. According to the National Delegate, the case was still proceeding as of 17 April 1995. 6.3 As to criminal proceedings, the State party notes that the prosecutor's office of Caqueza (Cundinamarca) (Unidad de Fiscalías de Caqueza) was (initially) handling the case, under the authority of prosecutor Myriam Aida Saha Hurtado. A formal criminal investigation was only launched by decision of 17 March 1995 (Resolución de Apertura de la Instrucción) of a prosecutor in the Cundinamarca District (Fiscal Seccional 2ª de la Unidad Delegada ante los Jueces del Circuito de Caqueza (Cundinamarca)), who considered that the file contained sufficient evidence to indict Mr. Velandia Hurtado and others. However, by decision of 5 April 1995, the file, consisting of twelve folders, was transmitted to the Joint Secretariat of the Regional Prosecutors' Directorate in Bogota (Secretaría Común de la Dirección Regional de Fiscalías de Santafé de Bogota), considered to be competent in the case. 4.4 The State party affirms that measures will be taken to prevent the practice of forced disappearances. In particular, it notes that it is now considering to introduce legislation punishing this crime under the Colombian Criminal Code. The Committee's admissibility decision 5.1 During its 52nd session, the Committee examined the admissibility of the communication. With respect to the exhaustion of available domestic remedies, it noted that immediately after Ms. Bautista's disappearance, her father had filed a complaint with the Human Rights Division of the Attorney-General's Office. Recapitulating the chronology of events after the discovery of the victim's body and the activities of the various judicial bodies involved in the case, the Committee noted that more than seven years after the victim's disappearance, no criminal proceedings had been instituted, nor had those responsible for Ms. Bautista's disappearance been identified, arrested or tried. The Committee deemed this delay 6.4 Finally, concerning the administrative proceedings initiated by Nydia Bautista's family against the Ministry of Defence, the State party observes that they are in their final stages before the Administrative Tribunal of Cundinamarca. After two procedural decisions of 27 February and 4 April 1995 105