Communication No. 563/1993
Submitted by: Federico Andreu (representing the family of Nydia Erika Bautista de Arellana)
Alleged victim: Nydia Erika Bautista de Arellana
State party: Colombia
Declared admissible: 11 October 1994 (fifty-second session)
Date of adoption of Views: 27 October 1995 (fifty-fifth session)
Association of Solidarity with Political Prisoners. On
3 September 1987, her father filed a formal
complaint with the Human Rights Division of the
Attorney-General's Office (Procuraduría Delegada
para los Derechos Humanos). Together with the
Division's director, her father enquired about Nydia's
whereabouts in various police and military offices,
as well as with the intelligence services, to no avail.
On 14 September 1987, an official in the AttorneyGeneral's Office assigned to investigate the case,
recommended that the information he had obtained
during the investigation should be sent to the
competent judge.
Subject matter: Abduction, detention incommunicado
and subsequent disappearance of victim - State
party’s responsibility for disappearance
Procedural issues: Exhaustion of domestic remedies
Substantive issues: Enforced disappearance and right
to life - Arbitrary arrest - Torture - Fair trial Duty to prosecute crime of enforced
disappearance
Articles of the Covenant: 2 (3), 6 (1), 7, 9, 10 and
14 (3) (c)
Articles of the Optional Protocol and Rules of
procedure: 4, paragraph 2; 5, paragraph 2 (a)
and (b), and rule 93 (3)
2.4 On 25 September 1987, the case was referred
to the Magistrate's Court No. 53. A preliminary
hearing was held in November 1987. On
10 February 1988, the examining magistrate
discontinued the proceedings and referred the case to
the Technical Corps of the Judicial Police (Cuerpo
Técnico de la Policía Judicial).
Finding: Violation [articles 6, paragraph 1; 7; 9,
paragraph 1]
1.
The author of the communication is Federico
Andreu, a Colombian lawyer residing in Brussels.
He is instructed by the relatives and the family of
Nydia Erika Bautista de Arellana, a Colombian
citizen who disappeared on 30 August 1987, and
whose body was subsequently recovered. It is
submitted that she is the victim of violations by
Colombia of articles 2, paragraph 3; 6, paragraph 1;
7 and 14 of the International Covenant on Civil and
Political Rights.
2.5 In the meantime, on 12 September 1987, the
body of a woman had been found in the municipality
of Guayabetal, Cundinamarca, Colombia. The death
certificate, which had been drawn up before the body
was buried at the cemetery of Guayabetal, indicated
that it concerned a 35-year old woman "wearing a
white dress with blue spots and a white hand-bag,
blindfolded, the hands tied together, face mutilated".
According to the autopsy, the deceased had been
shot in the head. No other efforts were made to
identify the body. On 14 September 1987, the mayor
of Guayabetal gave the death certificate to the
municipality's
examining
magistrate;
on
8 October 1987, the latter started his own
investigations in the case.
The facts as submitted by the author
2.1 On 25 August 1986, N.E. Bautista de
Arellana, a member of the 19 April Movement
("M 19"), was detained in Cali, Colombia, by a
military unit of the Third Brigade. She was kept
incommunicado for three weeks and allegedly
tortured during this period. Upon signing a statement
that she had been well treated during detention, she
was released. Reference is made to other cases of
forced disappearances of M-19 activists, which took
place prior and subsequent to Nydia Bautista's arrest.
2.6 On 22 December 1987, the examining
magistrate of Guayabetal referred the case to the
District's section of the Technical Corps of the
Judicial Police. On 30 June 1988, the chief of the
Preliminary Inquiry Unit of this authority ordered all
potential witnesses to be heard. On 8 July 1988, he
instructed the commander of the district's police
force to take the necessary steps to clarify the events
and to identify the perpetrators of the crime. Two
police officers were assigned to carry out the
investigations. On 17 August 1988, these two
officers reported to the Preliminary Inquiry Unit that
they "had been unsuccessful in tracking the
perpetrators, or in establishing a motive for the
2.2 On 30 August 1987, Nydia Bautista was
abducted from the family home in Bogota.
According to eyewitnesses, she was pulled into a
Suzuki jeep by eight men, who were armed but
dressed as civilians. An eyewitness identified the
jeep's license plate.
2.3 Ms. Bautista's abduction was immediately
brought to the attention of the local authorities by the
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