tribunal {Consejo de Guerra Verbal), to which the case
had been referred for retrial, again acquitted the 11
members of the Pohce Department who had been in
volved in the police operation. The acquittal was again
based on Decree No. 0070 of 1978.
11.8 At no moment could a civil action for damages
be instituted in conjunction with the mihtary criminal
proceedings. An action for compensation for the per
sons injured by the pohce operation in the "Contador"
district depended first on determining the criminal
hability of the accused. The accused having been acquit
ted, no civil or administrative suit could be filed to
obtain compensation.
12.1 In formulating its views, the Human Rights
Committee also takes into account the following con
siderations:
12.2 The Committee notes that Decree No. 0070 of
1978 refers to a situation of disturbed pubhc order in
Colombia. The Committee also notes that the Govern
ment of Colombia in Us note of 18 July 1980 to the
Secretary-General of the United Nations (reproduced in
document CCPR/C/2/Add.4), which was designed to
comply with the formal requirements laid down in ar
ticle 4 (3) of the Covenant, made reference to the ex
istence of a state of siege in all the national territory
since 1976 and to the necessity to adopt extraordinary
measures within the framework of the legal régime pro
vided for in the National Constitution for such situa
tions. With regard to the rights guaranteed by the Cov
enant, the Government of Colombia declared that
"temporary measures have been adopted that have the
effect of limiting the application of article 19,
paragraph 2, and article 21 of that Covenant". The
Committee observes that the present case is not con
cerned with article 19 and 21 of the Covenant. It further
observes that according to article 4 (2) of the Covenant
there are several rights recognized by the Covenant
which cannot be derogated from by a State party. These
include articles 6 and 7 which have been invoked in the
present case.
13.1
without giving them any opportunity to surrender to the
police patrol or to offer any explanation of their
presence or intentions. There is no evidence that the ac
tion of the pohce was necessary in their own defence or
that of others, or that it was necessary to effect the ar
rest or prevent the escape of the persons concerned.
Moreover, the victims were no more than suspects of the
kidnapping which had occurred some days earlier and
their killing by the police deprived them of all the pro
tections of due process of law laid down by the Cove
nant. In the case of Mrs. Maria Fanny Suárez de Guer
rero, the forensic report showed that she had been shot
several times after she had already died from a heart at
tack. There can be no reasonable doubt that her death
was caused by the pohce patrol.
13.3 For these reasons it is the Committee's view
that the action of the police resulting in the death of
Mrs. Maria Fanny Suárez de Guerrero was dispropor
tionate to the requirements of law enforcement in the
circumstances of the case and that she was arbitrarily
deprived of her hfe contrary to article 6 (1) of the Inter
national Covenant on Civil and Political Rights. In
asmuch as the pohce action was made justifiable as a
matter of Colombian law by Legislative Decree
No. 0070 of 20 January 1978, the right to life was not
adequately protected by the law of Colombia as re
quired by article 6 (1).
14. It is not necessary to consider further alleged
violations, arising from the same facts, of other articles
of the Covenant. Any such violations are subsumed
under the even more serious violations of article 6.
15. The Committee is accordingly of the view that
the State party should take the necessary measures to
compensate the husband of Mrs. Maria Fanny Suárez
de Guerrero for the death of his wife and to ensure that
the right to life is duly protected by amending the law.
APPENDIX
Article 6 (1) of the Covenant provides:
Decree No. 0070 of 20 January 1978
Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
The right enshrined in this article is the supreme right of
the human being. It follows that the deprivation of life
by the authorities of the State is a matter of the utmost
gravUy. This foUows from the article as a whole and in
particular is the reason why paragraph 2 of the article
lays down that the death penalty may be imposed only
for the most serious crimes. The requirements that the
right shah be protected by law and that no one shall be
arbitrarily deprived of his life mean that the law must
strictly control and hmit the circumstances in which a
person may be deprived of his life by the authorities of a
State.
13.2 In the present case it is evident from the fact
that seven persons lost their lives as a resuh of the
deliberate action of the police that the deprivation of
life was intentional. Moreover, the pohce action was ap
parently taken without warning to the victims and
introducing
measures for llie res/oration
of public
order
The President of the Republic of Colombia
in the exercise of the authority vested in him by article 121 of the Na
tional Constitution, and
Considering:
That, by Decree N o . 2131 of 1976, the public order was declared to
be disturbed and a state of siege was proclaimed throughout the na
tional territory;
That the disturbance of the pubUc order has increased with the in
tensification of organized crime, particularly as a resuh of the com
mission of offences against individual freedom, against the life and in
tegrity of the person and against the health and integrity of society;
That it is the duty of the Government to take whatever measures are
conducive to the restoration of a normal situation;
DECREES:
Article I. For so long as the public order remains disturbed and
the national territory is in a state of siege, article 25 of the Penal Code
shall read as follows:
117
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