Communication No. 449/1991
Submitted by: Barbarín Mojica on 22 July 1990
Alleged victim: His son, Rafael Mojica
State party: Dominican Republic
Declared admissible: 18 March 1993 (forty-seventh session)
Date of adoption of Views: 15 July 1994 (fifty-first session)
into the disappearance of Rafael Mojica. The
Dominican representative of the American
Association of Jurists wrote a letter to this effect to
President Balaguer; apparently, the author did not
receive a reply. One month after Rafael Mojica's
disappearance, two decapitated and mutilated bodies
were found in another part of the capital, close to the
industrial zone of Haina and the beach of Haina.
Fearing that one of the bodies might be that of his
son, the author requested an autopsy, which was
performed on 22 June 1990. While the autopsy could
not establish the identity of the victims, it was
certain that Rafael Mojica was not one of them, as
his skin, unlike that of the victims, was dark ("no se
trata del Sr. Rafael Mojica Melenciano, ya que éste
según sus familiares es de tez oscura"). On 6 July
1990, the Office of the Procurator General released a
copy of the autopsy report to the author.
Subject matter: Complaint by a father relating to the
disappearance of his son, a trade union
activist, following death threats from military
officers – Related State party’s obligations
Procedural issues: State party’s failure to make
submission on admissibility and merits –
Ineffective remedies – Lack of substantiation
of claim
Substantive issues: Right to life – Torture and illtreatment – Liberty and security of the person
Articles of the Covenant: 6, 7, 9 (1) and 10 (1)
Articles of the Optional Protocol: 2, 4 (2) and
5 (2) (b)
1.
The author of the communication is Barbarín
Mojica, a citizen of the Dominican Republic and
labour leader residing in Santo Domingo, Dominican
Republic. He submits the communication on behalf
of his son Rafael Mojica, a Dominican citizen born
in 1959, who disappeared in May 1990. The author
claims violations by the State party of articles 6, 7, 9,
paragraph 1, and 10, paragraph 1, of the Covenant in
respect of his son.
2.4 On 16 July 1990, the author, through a
lawyer, requested the Principal Public Prosecutor in
Santo Domingo to investigate the presumed
involvement of Captain Morel and his assistants in
the disappearance of his son. The author does not
specify whether the request received any follow-up
between 23 July 1990, the date of the
communication to the Human Rights Committee,
and the beginning of 1994.
The facts as submitted by the author
2.1 The author is a well-known labour leader. His
son, Rafael Mojica, a dock worker in the port of
Santo Domingo, was last seen by his family in the
evening of 5 May 1990. Between 8 p.m. and 1 a.m.,
he was seen by others at the restaurant "El Aplauso"
in the neighbourhood of the Arrimo Portuario union,
with which he was associated. Witnesses affirm that
he then boarded a taxi in which other, unidentified,
men were travelling.
2.5 The author contends that under the law of the
Dominican Republic, no specific remedies are
available in cases of enforced or involuntary
disappearances of persons.
The complaint
3.
It is submitted that the above facts reveal
violations by the State party of articles 6, 7, 9,
paragraph 1, and 10, paragraph 1, of the Covenant.
2.2 The author contends that during the weeks
prior to his son's disappearance, Rafael Mojica had
received death threats from some military officers of
the Dirección de Bienes Nacionales, in particular
from Captain Manuel de Jesus Morel and two of the
latter's assistants, known under their sobriquets of
"Martin" and "Brinquito". They allegedly threatened
him because of his presumed communist
inclinations.
The Committee's decision on admissibility
4.1 During its forty-seventh session, the
Committee considered the admissibility of the
communication. It noted with concern the absence of
cooperation on the part of the State party and
observed that the author's contention that there were
no effective domestic remedies to exhaust for cases of
disappearances of individuals had remained
uncontested. In the circumstances, the Committee was
2.3 On 31 May 1990, the author and his family
and friends requested the opening of an investigation
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