CCPR/C/114/D/2134/2012
within the purview of the Committee. The Committee may only hear the present case
to establish whether the decision to shelve the investigation was arbitrary and not in
accordance with the law or due process rules or that justice had been denied.
4.4 The State party, furthermore, asserted that the communication amounted to an
abuse of the right to submit communications, inasmuch as the authors had deliberately
submitted unclear information to the Committee. According to the State party, there is
no clear connection between the death of Karol Juliana Anzola Usuga at the hands of a
criminal group in Medellín and the alleged disappearance of her father. It seemed that
the authors were trying to mislead the Committee by portraying those events as
connected to one another. The same would apply to the police statements by police
officers who allegedly claimed that illegal armed groups had control over the territory
in question. These assertions were unfounded and were intended to have the
Committee make incursions into the investigative sphere.
4.5 Lastly, the State party argued that the submission of the complaint 16 years after
the fact was also an abuse of the right to submit communications, i n the absence of a
reasonable explanation from the authors that would make it possible to determine the
reasons that kept them from submitting the complaint earlier.
Authors’ comments on the State party’s observations
5.1 On 26 June 2012, the authors submitted that, given the severity of the violations
of the Covenant and the passage of time, the Committee should address the issue of
admissibility and the merits together.
5.2 The authors noted that, in the procedure established pursuant to the Optional
Protocol, the parties have ample opportunity to present their factual and legal
arguments regarding both the admissibility and the merits of the case. They pointed
out that the joint consideration of the admissibility and merits of a communication is a
procedural norm generally accepted by international human rights bodies, whereas
their separate consideration is a possibility offered on an exceptional basis, as
indicated in the Committee’s rules of procedure.
5.3 The authors stressed that paramilitary groups systematically engaged in enforced
disappearances in the region where and at the time when Mr. Anzola and Mr. Molina
were subjected to enforced disappearances. Specifically, the paramilitary group
Autodefensas Campesinas del Magdalena Medio, operating under the command of
Ramón Isaza and with the acquiescence of the military forces of the Bombona
Battalion and the Fourteenth Brigade, based in Puerto Berrío, was act ive in the area of
the Medellín-Bogotá motorway.
5.4 The authors stressed that the fear of being made victims of enforced
disappearance themselves caused the wives of the disappeared men to give up their
inquiries in the area, although the women nonetheless obtained information that
implicated paramilitary groups in the disappearances and that i nformation was brought
to the notice of the prosecutor ’s office. However, the disappearance of Mr. Anzola and
Mr. Molina was not seriously and thoroughly investigated by the office, as indicated in
the initial communication.
5.5 The authors cited the Committee’s jurisprudence to the effect that all States
parties are under a duty “to investigate thoroughly alleged violations of human rights,
and in particular forced disappearances of persons and violations of the right to life ” 13
and “to criminally prosecute, try and punish those deemed responsible for such
__________________
13
GE.15-15601
See the Committee’s Views on communications No. 563/1993, Bautista de Arellana v. Colombia, of
13 November 1995, para. 8.6; and No. 612/1995, Villafañe Chaparro et al. v. Colombia, of 29 July
1997, para. 8.8.
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