CCPR/C/114/D/2134/2012
sufficient justification. 22 In determining what constitutes an excessive delay, each case
must be decided on its own merits. The authors have argued that the violation still
persists, on account of the lack of official information on the fate and whereabouts of
Mr. Anzola and Mr. Molina and the consequent absence of truth, justice and redress
for their disappearance in spite of all the legal action taken, which the State party has
not disputed. The Committee notes, in particular, that the authors filed numerous legal
and administrative complaints between March 1995 and January 2011, but these
complaints did not result in any clarification of the circumstances in which Mr. Anzola
and Mr. Molina disappeared or in any action to locate their remains or to determine
responsibility for their disappearance. In the light of the above, the Committee is of
the view that the communication is admissible under article 3 of the Optional
Protocol.
8.7 As all admissibility requirements have been met, the Committee declares the
communication admissible and proceeds to its consideration of the merits.
Consideration of the merits
9.1 The Committee has considered the present communication in the light of all the
information made available to it by the parties, as required under article 5, paragraph
1, of the Optional Protocol.
9.2 In the absence of comments from the State party regarding the merits of the
complaint, the Committee will give due weight to the authors ’ allegations.
9.3 The Committee notes the authors’ claims relating to the enforced disappearance
on 9 March 1995 of Mr. Anzola and Mr. Molina in an area that was under the control
of paramilitary forces at the time, specifically on a road controlled by the group
Autodefensas Campesinas del Magdalena Medio. The Committee observes that,
according to the extensive information provided by the authors and available as well
from bodies of the United Nations human rights system, the State party encouraged
the establishment of “self-defence” groups — according them legal recognition — to
assist law enforcement bodies in fighting insurgents and provided them subsequently
with training, weapons, logistical support and, in some instances, active involvement
by the military in their operations. 23 The Committee also notes that enforced
disappearance was a widespread practice used by paramilitary groups beginning in
1988, with the complicity of the Colombian armed forces, according to a broad range
of information from national and international sources, including the Working Group
on Enforced or Involuntary Disappearances, and available to the Committee. 24 The
authors point out that the group Autodefensas Campesinas del Magdalena Medio
controlled parts of the Middle Magdalena region, includ ing the Medellín-Bogotá
motorway where Mr. Anzola and Mr. Molina were disappeared, and that the group
operated with the acquiescence of the Colombian army, which had provided training,
__________________
22
23
24
GE.15-15601
Ibid.
In its concluding observations on the fifth periodic report of Colombia, the Committee reiterated its
concern about “links involving extensive violations of articles 6, 7 and 9 of the Coven ant between
elements of the armed forces and State security forces, on the one hand, and illegal paramili tary
groups. on the other” and recommended that the State party should “take effective measures to
terminate the links between elements of the security services and illegal paramilitary groups”
(CCPR/CO/80/COL, para. 12). In its concluding observations on the sixth periodic report of
Colombia, the Committee reiterated its concern at the “collusion between the armed forces and
paramilitary groups” (CCPR/C/COL/CO/6, para. 8). See, in this same vein, the judgement of the
Inter-American Court of Human Rights, Case of the 19 Merchants v. Colombia, paras. 84 (b) and
116-118.
See the report of the United Nations High Commissioner for Human Rights to the Human Rights
Commission on the situation in Colombia (E/CN.4/1998/16), paras. 41 -43.
13/20
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