7.9 Finally, counsel refers to an incident on 31 August 1995, which is said to confirm that nothing is, or will be, done to bring those responsible for Nydia Bautista's death to justice. On this day, Ms. Bautista's family and members of the Association of Relatives of Disappeared Prisoners (ASFADDES) met in a popular restaurant in Bogota, to demonstrate on the occasion of the 8th anniversary of Nydia's disappearance. Soon after their arrival, an individual in civilian clothes entered the restaurant and occupied a table next to theirs. All those present identified Brigadier General Velandia Hurtado, who continued to monitor the group throughout the meeting. The presence of Mr. Velandia Hurtado, who otherwise commands the Third Army Brigade in Cali, on those particular premises on that particular day, is considered to be yet another instance of intimidation of Nydia Bautista's family. article 118 provides for the closure of those preliminary enquiries in which more than two years have gone by without the identification of a suspect. This decision, counsel notes, had no basis in reality, given the evidence of Mr. Garzón Garzón. Counsel concludes that almost eight years have passed since the date - 5 November 1987 - on which Magistrate's Court 53 (Juzgado 53 de Instrucción Criminal) first opened preliminary criminal investigations (Indagación Preliminar No. 280). Over a period of almost eight years, the order to dismiss Messrs. Velandia Hurtado and Ortega Araque constitute the first true sanction, a sanction which has still not been implemented. 7.6 By letter of 29 August 1995, counsel complains that the State party's government continues to stall in implementing the order of dismissal pronounced against Mr. Velandia Hurtado. The latter indeed appealed against the decision of the National Human Rights Delegate to notify the decision of 5 July 1995 by registered mail (Acción de tutela, see paragraph 7.2 above). On 2 August 1995, the Administrative Tribunal of Cundinamarca decided in his favour, on the ground that the mode of notification chosen by the Human Rights Delegate's Office had been illegal. It ordered the Office to notify Resolution No. 13 personally to Mr. Velandia Hurtado. Examination of the merits 8.1 The Human Rights Committee has examined the present case on the basis of the material placed before it by the parties, as required under article 5, paragraph 1, of the Optional Protocol. 8.2 In its submission of 14 July 1995, the State party indicates that Resolution 13 of 5 July 1995 pronounced disciplinary sanctions against Messrs. Velandia Hurtado and Ortega Araque, and that the judgment of the Administrative Tribunal of Cundinamarca of 22 June 1995 granted the claim for compensation filed by the family of Nydia Bautista. The State party equally reiterates its desire to guarantee fully the exercise of human rights and fundamental freedoms. These observations would appear to indicate that, in the State party's opinion, the above-mentioned decisions constitute an effective remedy for the family of Nydia Bautista. The Committee does not share this view, because purely disciplinary and administrative remedies cannot be deemed to constitute adequate and effective remedies within the meaning of article 2, paragraph 3, of the Covenant, in the event of particularly serious violations of human rights, notably in the event of an alleged violation of the right to life. 7.7 With this decision of the Administrative Tribunal, counsel contends, Resolution No. 13 of 5 July 1995 cannot be implemented. Since the remains of Nydia Bautista were recovered on 26 July 1990 and under the terms of the applicable disciplinary procedure, a statute of limitations of five years begins to run from the day of the "final constituent act of the offence" ("último acto constitutivo de la falta" - Law No. 24 of 1975, article 12), it is now likely that the case will be filed because of prescription of the offences attributed to Messrs. Velandia Hurtado and Ortega Araque. 7.8 Counsel further points out that far from ordering the dismissal of Mr. Velandia Hurtado from the armed forces, the authorities promoted him to Brigadier General and, during the first week of August 1995, awarded him the Order for Military Merit "José Maria Cordova" - this award was made pursuant to a decree signed by the President of the Republic. This award, according to counsel, constitutes an act of defiance vis-à-vis the Colombian judicial organs and a reward for Mr. Velandia Hurtado's past activities. In short, it can only be interpreted in the sense that the Colombian Executive is prepared to tolerate and let go unpunished even serious human rights violations. This attitude is said to have been confirmed by the so-called Defensor del Pueblo in his second report to the Colombian Congress, in which he criticizes that human rights violators in Colombia can expect to benefit from total impunity. 8.3 In respect of the alleged violation of article 6, paragraph 1, the Committee recalls its General Comment 6 [16] on article 6 which states, inter alia, that States parties should take specific and effective measures to prevent the disappearance of individuals and establish effective facilities and procedures to investigate, thoroughly, by an appropriate and impartial body, cases of missing and disappeared persons in circumstances that may involve a violation of the right to life. In the instant case, the Committee notes that both Resolution No. 13 of the National Delegate for Human Rights of 5 July 1995 108