5.6 There remains the question of the application of this finding to the facts of the case under consideration.
There appears to have been an objective need for Mr. Delgado to be provided by the State with protective measures
to guarantee his security, given the threats made against him, including the attack on his person, and the murder of a
close colleague. It is arguable that, in seeking to secure this protection, Mr. Delgado failed to address the competent
authorities, making his complaints to the military authorities in Leticia, the teachers' union, the Ministry of
Education and the President of Colombia, rather than, to the general prosecutor or the judiciary. It is unclear to the
Committee whether these matters were reported to the police. It does not know either with certainty whether any
measures were taken by the Government. However, the Committee cannot but note that the author claims that there
was no response to his request to have these threats investigated and to receive protection, and that the State party
has not informed the Committee otherwise. Indeed, the State party has failed to comply with the request by the
Committee to provide it with information on any of the issues relevant to article 9 of the Covenant. Whereas the
Committee is reluctant to make a finding of a violation in the absence of compelling evidence as to the facts, it is for
the State party to inform the Committee if the alleged facts are incorrect or indicate a violation of the Covenant. The
Committee has, in its past jurisprudence, made clear that circumstances may cause it to assume facts in the author's
favour if the State party fails to reply or to address them. The pertinent factors in this case are that Mr. Delgado had
been engaged in a protracted confrontation with the authorities over his teaching and his employment. Criminal
charges, later determined unfounded, had been brought against him and he had been suspended, with salary frozen,
in the circumstances indicated in paragraphs 2.2 to 2.6 above. Further, he was known to have instituted a variety of
complaints against the ecclesiastical and scholastic authorities in Leticia (see paragraph 2.7 above). In conjunction
with these factors, there were threats to his life. If the State party neither denies the threats nor co-operates with the
Committee to explain whether the relevant authorities were aware of these threats, and, if so, to ascertain what was
done about them, the Committee must necessarily treat as correct allegations that the threats were known and that
nothing was done. Accordingly, while fully understanding the situation in Colombia, the Committee finds that the
State party has not taken, or has been unable to take, appropriate measures to ensure Mr. Delgado's right to security
of his person under article 9, paragraph 1.
5.7 With respect to article 18, the Committee is of the view that the author's right to profess or to manifest his
religion has not been violated. The Committee finds, moreover, that Colombia may, without violating this provision
of the Covenant, allow the Church authorities to decide who may teach religion and in what manner it should be
taught.
5.8 Article 19 protects, inter alia, the right of freedom of expression and of opinion. This will usually cover the
freedom of teachers to teach their subjects in accordance with their own views, without interference. However, in the
particular circumstances of the case, the special relationship between Church and State in Colombia, exemplified by
the applicable Concordat, the Committee finds that the requirement, by the Church, that religion be taught in a
certain way does not violate article 19.
5.9 Although the requirement, by the Church authorities, that Mr. Delgado teach the Catholic religion in its
traditional form does not violate article 19, the author claims that he continued to be harassed while teaching the
non-religious subjects to which he had been
assigned. The Committee must, for the reasons elaborated in paragraph 5.6 above, accept the facts as presented
by the author. This constant harassment and the threats against his person (in respect of which the State party failed
to provide protection) made the author's continuation in public service teaching impossible. Accordingly, the
Committee finds a violation of article 25, paragraph (c), of the Covenant.
5.10
Article 26 requires that all persons be entitled, without discrimination, to be equal before the law
and to equality before the law. The Committee finds that neither the terms of Colombian law nor the application of
the law by the courts or other authorities discriminated against Mr. Delgado, and finds that there was no violation of
article 26.
6. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the
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