7.1 In its submissions under article 4, paragraph 2, of the Optional Protocol, dated 11 August 1986, 21 January
and 8 July 1987, 20 October 1986 and 27 January 1989, the State party forwarded the Committee copies of the
relevant police reports on the ongoing investigations into the disappearance of the Sanjuán brothers.
7.2 A report from the Office of the Attorney-General of Colombia (Procuraduriá General), dated 19 June 1986,
indicates that, pursuant to an order of the Attorney-General of Colombia, dated 21 May 1986, the Colombian lawyer
Martha Julieta Tovar Cardona was entrusted with a general review of the records of the Colombian Police
Department aimed at determining whether the cases of 10 disappeared persons and 2 deceased persons had been
properly investigated.
7.3 The report reflects that, on 19 June 1986, Mrs. Tovar Cardona studied the records of the investigations
started by the Colombian Police on 8 March 1983 concerning the suspected crime of kidnapping of 12 persons,
including the Sanjuán brothers. In her report, Mrs. Tovar Cardona notes that there were indictments against 18 police
officials. She also notes the appointment of a judge in charge of the investigations into the suspected crime of
kidnapping and that in the course of the police investigations the records of prior discoveries of corpses, on 7 and 27
June 1982, 11 and 19 July 1982, 28 September 1982, 21 November 1982, and 15 February 1983, had been examined.
None of the bodies had been identified.
7.4 The next 16 pages of the 18-page report consist mainly of listings of the names of some 193 persons
interrogated (including the names of police officials suspected of involvement in the disappearances), with an
indication of the date and place of deposition. There is no indication, however, as to the contents of any of the
depositions or as to their relevance to the disappearance of the Sanjuán brothers. Except for declarations made by
Elcida Mariá Arévalo Pérez and Yolanda Sanjuán Arévalo on 11 March 1983, it cannot be seen which, if any, of the
other declarations and depositions listed relate to their cases. There is reference, however, to inquiries which had
been made at prisons and police stations to ascertain that the Sanjuán brothers were not being detained there. Other
references concern the appointment of court officials to evaluate the evidence and the assignment of persons for onsite inspections. There is no indication of the outcome.
7.5 Mrs. Tovar Cardona observes that the Colombian Police has carried out exhaustive investigations into the
alleged disappearances and killings. The investigations are said to have continued until the end of May 1986. It
cannot be seen whether the indictments against the various police officers have led to any further actions against
them.
7.6 Mrs. Tovar Cardona concludes her report by making the following observations:
The original records, numbered 1 to 7 inclusive were examined and, in conformity with the instruction given verbally
by the attorney assigned to the police, particular importance was attached to determining by means of dates of reception and
transmittal, the various activities undertaken in the preliminary proceedings both in ordinary jurisdiction and in the military
criminal justice system as well as the various formalities carried out by the departments responsible for acting on the files. In
addition to this, because of their quantity and since they were not absolutely germane to the fulfilment of the mandate of legal
vigilance of the representative of the Office of the Attorney-General assigned to the police, the items of judicial evidence were
not considered as a whole. Nevertheless, a scrutiny of the material evidence available with which the preliminary proceedings
were conducted, complicated as they were on many occasions by the passage of time, distances, the lack of resources, the lack of
co-operation on the part of relatives, friends, neighbours or in general those who had knowledge of the facts in coming forward
with their testimony or in participating in confrontation formalities, identification parades and the adducing of items of judicial
evidence as a whole. An examination of the proceedings does not reveal any irregularity or delay constituting a breach of
discipline which would justify bringing charges, pursuant to the opening of a formal disciplinary investigation, and accordingly
since the task set out in the order of 21 May 1986 issued by the office of the attorney assigned to the police has been completed,
the files are returned herewith.
127
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