Article 9 (1), because she continued to be detained after
having served her prison sentence on 9 November
1977;
Article 9 (4) in conjunction with article 2 (3), because
there was no competent court to which she could have
appealed during her arbitrary detention.
In the case of Graciela Baritussio
Article 9 (1), because she was subjected to arbitrary
detention under the "prompt security measures" un
til 12 August 1978 after having signed on 15 August
1974 the document for her provisional release;
14. The Committee, accordingly, is of the opinion
that the State party is under an obhgation to provide the
victims with effective remedies, including compensa
tion, for the violations they have suffered. The State
party is also urged to investigate the allegations of tor
ture made against named persons in the case.
Communication No. 46/1979
Submitted by: Orlando Fais Borda et al. on 6 February 1979, represented by Pedro Pablo
Camargo
Alleged victims: Orlando Fais Borda and his wife, Maria Cristina Salazar, Justo Germán
Bermúdez and Martha Isabel Valderrama
State party: Colombia
Date of adoption of views: 27 July 1982 (sixteenth session)
Derogation from Covenant—State of emergency—
Constitutionality of Legislative Decree No. 1923 of
6 September 1978—Arbitrary arrest and deten
tion—Habeas corpus—Fair trial—Delay in pro
ceedings—Retroactivity
of State's
laws—Heavier
penalty—Allegations
introduced after communica
tion declared admissible
of Security. Dr. Fais was detained incommunicado
without judicial guarantees, such as legal assistance, at
the Cuartel de Infantería de Usaquin, from 21 January
to 10 February 1979, when he was released without
charges. His wife continued to be detained for over a
year. A court martial then found that there was no
justification for detaining Mrs. Fais Borda.
1.4 Concerning the cases of Justo Germán
Bermúdez and Martha Isabel Valderrama Becerra, the
author describes the relevant facts as follows: On
3 Aprh 1979, the President of the Summary Court Mar
tial (First Battalion of Military Police, Brigade of
Military Institutions) found Justo Germán Bermúdez
Gross guihy of the offence of rebelhon (article 7 of the
judgement) and sentenced him to a principal penalty of
six years and eight months' rigorous imprisonment and
interdiction of public rights and functions, as weh as the
accessory penalty of loss of patria potestas for the same
period. In the same judgement it sentenced Martha
Isabel Valderrama Becerra to six years' rigorous im
prisonment and interdiction of pubhc rights and func
tions for the offence of rebelhon. Thejudgement states:
"In conclusion, the sentences to be passed on the ac
cused who have been declared guilty of the offence of
'rebelhon' shah be those contained in article 2 of Decree
No. 1923 of 6 September 1978, known as the Statute of
Security".
Articles of Covenant: 4, 9 (1), (2), (3) and (4). 14 (1),
(2), (3) and (5) and 15 (1)
Article of Optional Protocol: 5 (2) (b)
Views under article 5 (4) of the Optional Protocol
1.1 The communication (initial letter dated 6
February 1979 and further letters dated 26 June 1979,
2 June, 20 October and 31 October 1980, 30 September
1981 and 19 June 1982) was submitted by Pedro Pablo
Camargo, Professor of International Law of the Na
tional University of Colombia, at present residing in
Quito, Ecuador. He submitted the communication on
behalf of Orlando Fais Borda and his wife, Maria
Cristina Salazar de Fais Borda, Justo Germán
Bermúdez and Martha Isabel Valderrama Becerra. They
are all Colombian nationals.
1.2 The author aheges that by enacting Legislative
Decree No. 1923 of 6 September 1978 (Statute of
Security)' the Government of Colombia has violated ar
ticles 9 and 14 of the Covenant and he claims that the
four persons he represents are victims of these viola
tions.
1.3 Concerning the cases of Orlando Fais Borda and
his wife, the author describes the relevant facts as
follows: On 21 January 1979, Dr. Fais Borda, a Colom
bian sociologist and professor, and his wife, Maria
Cristina Salazar de Fais Borda, were arrested by troops
of the Brigada de Institutos Militares under the Statute
1.5 The author alleges that by application of Decree
No. 1923 Dr. Fais Borda and his wife were arbitrarily
detained, that Mr. Bermúdez and Miss Valderrama
are subjected to arbitrary imprisonment, that
Mr. Bermúdez and Miss Valderrama's sentences were il
legally increased, that is, their sentences are more severe
than the maximum penalty stipulated by the Colombian
Penal Code, and that they all have been victims of viola
tions of article 14 (1), (2), (3) and (5) of the Interna
tional Covenant on Civil and Political Rights because
they have been brought before military tribunals which
were not competent, independent and impartial, and
' See the text of Legislative Decree N o . 1923 in the appendix below.
139
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