3.5 Additionally, he was suspended from practicing his profession for 60 days, for alleged dereliction of duty,
and from the National Teachers' Register for six months; every possible kind of offence was invoked so that the
outcome of the administrative inquiries would not only be contrary to the truth, but would also cause prejudice by
leading to criminal proceedings and, in this manner, implicate his colleagues in the teachers' union who supported
him. The case was again dismissed on all points. He then addressed complaints, without success, to the authorities
concerning alleged offences, perpetrated by others, of falsifying public documents, forging his signature, making a
false accusation to the authorities and breaching administrative confidentiality.
3.6 He claims that he "found it absolutely essential to leave the country, as there are no guarantees for the
protection of the most basic human rights, such as equality, justice and life, which the Colombian Government has a
constitutional and moral obligation to protect". Allegedly, the threats on his life and on the lives of other teachers
have not been duly investigated by the State party.
The State party's observations
4.1 The State party argues, although only after the communication had been declared admissible, that domestic
remedies have not been exhausted, since various actions are still pending.
4.2 It further denies that Mr. Delgado's rights under the Covenant have been violated. More particularly, it
indicates that Mr. Degado was cleared of all charges against him and contends that his complaints against various
Colombian authorities were duly investigated:
William, Eduardo Delgado Páez has not been subjected to restrictions on his freedom of thought, conscience, religion,
speech or expression, as is demonstrated by the steps he was able to take under the criminal law and in the administrative sphere
throughout this investigation.
4.3 In the disciplinary action initiated by Mr. Delgado against various officials, the Court of First Instance of
Leticia acquitted three persons and sanctioned two others with a suspension of 15 days without remuneration.
Appeals are pending.
4.4 The criminal action against the Apostolic Prefect on grounds of slander and abuse was referred to the
Apostolic Nuncio pursuant to the Concordat between the Republic of Colombia and the Vatican. The investigation
was terminated on the death of the Apostolic Prefect in 1990.
4.5 With respect to Mr. Delgado's qualifications as a teacher, the State party forwards a copy of a statement
from the Ministry of Education setting forth the general requirements for teachers, without, however, specifically
addressing the application of these requirements in the author's case.
4.6 As to the legal basis for the appointment of teachers of religion in Colombia, the State party states that:
Applicants for the post of teacher of religion in Colombia must present a certificate of suitability in the area of religious
and moral education, along the lines laid down in article 12 of Act 20 of 1974, which reads: In pursuance of the right of Catholic
138
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents