CCPR/C/114/D/2134/2012
9.7 The Committee observes that in the present case the authors attribute the lack of
any effective and rigorous investigation specifically to the absolute lack of any
investigation of paramilitary groups operating in the area with the acquiescence of the
armed forces. The Attorney General’s Office allegedly questioned only the authors and
the notary in Puerto Triunfo, without at any time including or taking into considerati on
the irregular armed groups present in the region, despite the fact that, according to
extensive information provided by the authors, the events and the timing and mode of
disappearance were consistent with the modus operandi of those groups. The
Committee further observes that although the authors have submitted numerous
reports and requests for information to the various police, criminal and administrative
authorities with competence for the case since March 1995, they have so far received
no official information about the fate or whereabouts of their disappeared family
members. Moreover, the State party has not provided convincing arguments to justify
its delay in completing the investigation and bringing those responsible to justice. In
the light of the foregoing, the Committee considers that the State party has not
provided an effective remedy to the authors in respect of the disappearance of their
family members, as required under article 2, paragraph 3, of the Covenant.
Consequently, the Committee concludes that the actions in question constitute a
violation of article 2, paragraph 3, read in conjunction with articles 6, 7, 9 and 16.
9.8 The authors maintain that they themselves and their families have suffered
deeply and experienced severe stress as a result of the disappearance of their loved
ones and the uncertainty surrounding their fate and whereabouts, which would
constitute prohibited treatment under article 7 of the Covenant. The Committee also
observes that the State has reportedly not made the requisite effort to investigate the
disappearance of Mr. Anzola and Mr. Molina, to prosecute those responsible and to
provide redress to the authors and that the State party has not contested this assertion.
Consequently, the Committee concludes that the events in question constitute a
violation of article 7 of the Covenant and of article 2, paragraph 3, read in conjunction
with article 7.
9.9 Having concluded that the above provisions have been violated, the Committee
considers that it is not necessary to take a decision on the allegations relating to
articles 10, 17 and 23, paragraph 1, of the Covenant.
10. The Committee, acting under article 5, paragraph 4, of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the v iew that the facts
before it reveal a violation of articles 6, 7, 9 and 16 and of article 2, paragraph 3, read
in conjunction with articles 6, 7, 9 and 16, of the Covenant, in respect of Mr. Anzola
and Mr. Molina, and of article 7 and of article 2, paragra ph 3, read in conjunction with
article 7, of the Covenant, in respect of the authors.
11. In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the authors with an effective remedy, including: (a) the
performance of an independent, thorough and effective investigation of the
disappearance of Mr. Anzola and Mr. Molina and prosecution and punishment of those
responsible; (b) the release of Mr. Anzola and Mr. Molina should they still be alive;
(c) if they are dead, the hand-over of their remains to their family; and (d) effective
reparation, including adequate compensation, medical and psychological rehabilitation
and appropriate measures of satisfaction for the authors for the violations suffered.
The State party is also under an obligation to prevent similar violations from occurring
in the future and to ensure that any forced disappearances give rise to a prompt,
impartial and effective investigation.
12. Bearing in mind that, by becoming a party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether there has
been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant,
GE.15-15601
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