Napoleon Torres Crespo, Angel María Torres
Arroyo and Antonio Hugues Chaparro Torres, as
well as the two Villafañe brothers, have been victims
of violations by Colombia of articles 2, paragraph 3;
6, paragraph 1; 7; 9; 14 and 27 of the Covenant.
2.8 The examining magistrate of Court No. 65
refused and asked the Disciplinary Tribunal to rule
on the matter; on 23 July 1991, the Disciplinary
Tribunal decided that the competence to try
Lieutenant-Colonel Duque Izquierdo and Lieutenant
Fernández Ocampo was indeed with the military
courts, i.e. the Second Brigade of Barranquilla.
There was one dissenting vote, as one magistrate
considered that the conduct of the two officers was
not directly related to their military status. It is stated
that military criminal proceedings against the two
accused were discontinued on 30 April 1992, with
respect to the allegation made by the Villafañe
brothers, and on 5 May 1992 with respect to the
disappearance and subsequent murders of the three
indigenous leaders. These decisions were confirmed
by the High Military Court (Tribunal Superior
Militar) on 8 March 1993 and in July 1993.
3.2 Counsel claims that the disappearance, on
28 November 1990, and subsequent execution of the
three indigenous leaders, by members of the armed
forces, constitutes a violation of article 6 of the
Covenant.
3.3 Counsel claims that the abduction and
subsequent murder of the three indigenous leaders,
without so much as a warrant for their arrest, is a
violation of article 9 of the Covenant.
3.4 The Villafañe brothers claim that the illtreatment they were subjected to at the hands of the
armed forces while detained at the No. 2 Battalion
“La Popa”, which included blindfolding and dunking
in a canal, etc., constitutes a violation of article 7.
2.9 Meanwhile, the part of the criminal
proceedings in which charges were brought against
Eduardo Enrique Mattos and Luis Alberto Uribe had
been referred to Court No. 93; on 23 October 1991,
the Court acquitted both accused and ordered all
criminal proceedings against them to be
discontinued. Counsel then appealed to the High
Court in Valledupar, which confirmed the decision
of 23 October 1991; it found that the evidence
against Luis Alberto Uribe was insufficient to prove
any involvement in the murders, and also took into
consideration the fact that Eduardo Enrique Mattos
had died in the meantime.
3.5 Furthermore, the interrogation of the
Villafañe brothers, members of the indigenous
community, by members of the armed forces in total
disregard of the rules of due process, by denying
them the assistance of a lawyer, and the execution of
the three indigenous persons in blatant violation of
the Colombian legal system, which expressly
prohibits the imposition of the death penalty, is a
violation of article 14 of the Covenant.
3.6 Finally, the Villafañe brothers claim that the
arbitrary detention and torture inflicted on two
members of the Arhuaco indigenous community and
the disappearance and execution of three other
members of this community, two of whom were
spiritual leaders of the community, constitute a
violation of the cultural and spiritual rights of the
Arhuaco community within the meaning of article 27
of the Covenant.
2.10 The Human Rights Division of the AttorneyGeneral's Office (Procuraduría Delegada para la
Defensa de los Derechos Humanos) initiated
independent disciplinary proceedings in the case. In
a decision dated 27 April 1992, it found LieutenantColonel Duque Izquierdo and Lieutenant Fernández
Ocampo guilty of torturing José Vicente and Amado
Villafañe, and of having participated in the triple
murder of Luis Napoleon Torres Crespo, Angel
María Torres Arroyo and Antonio Hugues Chaparro
Torres. It ordered their summary dismissal from the
army. The Director of the Office of Indigenous
Affairs was, however, acquitted. Counsel submits
that the findings of the Human Rights Division of
the Attorney-General's Office have been consistently
ignored by the Colombian authorities, as evidenced
by Major-General Hernando Camilo Zuñiga
Chaparro on 3 November 1994, in his reply to a
request for information made by the Colombia
section of the Andean Commission of Jurists. In this
reply, he stated that the two officers had retired from
the army, in December 1991 and September 1992, at
their own request.
The State party's information and observations
4.1 By submission of 22 March 1995, the State
party submits that its authorities have been doing,
and are doing, everything possible to bring to justice
those responsible for the disappearance and murder
of Luis Napoleon Torres Crespo, Angel María
Torres Arroyo and Antonio Hugues Chaparro
Torres. The State party contends that domestic
remedies have not been exhausted in the case.
4.2 The State party summarizes the state of the
disciplinary proceedings in the case as follows:
– Disciplinary proceedings were first
instituted by the Human Rights Division of the
Attorney-General's Office for the torture to which
the Villafañe brothers were subjected and
subsequently for the abduction and triple murder of
Luis Napoleon Torres Crespo, Angel María Torres
The complaint
3.1 It is submitted that the above situation reveals
that the members of the Arhuaco community, Luis
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