and the judgment of the Administrative Tribunal of
Cundinamarca of 22 June 1995 clearly establish the
responsibility of State agents for the disappearance
and subsequent death of Nydia Bautista. The
Committee concludes, accordingly, that in these
circumstances the State party is directly responsible
for the disappearance and subsequent assassination
of Nydia E. Bautista de Arellana.
to life, and to prosecute criminally, try and punish
those held responsible for such violations. This duty
applies a fortiori in cases in which the perpetrators
of such violations have been identified.
9.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it reveal a
violation by the State party of articles 6, paragraph 1,
7, and 9, paragraph 1, of the Covenant.
8.4 As to the claim under article 7, the Committee
has noted the conclusions contained in Resolution
No. 13 of 5 July 1995 and in the judgment of the
Administrative Tribunal of Cundinamarca of 22 June
1995, to the effect that Nydia Bautista was subjected
to torture prior to her assassination. Given the
findings of these decisions and the circumstances of
Ms. Bautista's abduction, the Committee concludes
that Nydia Bautista was tortured after her
disappearance, in violation of article 7.
10. Under article 2, paragraph 3, of the Covenant,
the State party is under an obligation to provide the
family of Nydia Bautista with an appropriate
remedy, which should include damages and an
appropriate protection of members of N. Bautista's
family from harassment. In this regard, the
Committee expresses its appreciation for the content
of Resolution 13, adopted by the National Delegate
for Human Rights on 5 July 1995, and of the
judgment of the Administrative Tribunal of
Cundinamarca of 22 June 1995, which provide an
indication of the measure of damages that would be
appropriate in the instant case. Moreover, although
the Committee notes with equal appreciation the
promulgation of Presidential Decree No. 1504 of
11 September 1995, the Committee urges the State
party to expedite the criminal proceedings leading to
the prompt prosecution and conviction of the persons
responsible for the abduction, torture and death of
Nydia Bautista. The State party is further under an
obligation to ensure that similar events do not occur
in the future.
8.5 The author has alleged a violation of article 9.
Both decisions referred to above conclude that Nydia
Bautista's abduction and subsequent detention were
"illegal" (see paragraphs 6.6 and 6.8 above), as no
warrant for her arrest had been issued and no formal
charges against her were known to exist. There has,
accordingly, been a violation of article 9,
paragraph 1.
8.6 The author has finally claimed a violation of
article 14, paragraph 3 (c), on account of the
unreasonable delays in the criminal proceedings
instituted against those responsible for the death of
Nydia Bautista. As the Committee has repeatedly
held, the Covenant does not provide a right for
individuals to require that the State criminally
prosecute another person1. The Committee
nevertheless considers that the State party is under a
duty to investigate thoroughly alleged violations of
human rights, and in
particular forced
disappearances of persons and violations of the right
11. 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,
the State party has undertaken to ensure to all
individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee's Views.
1
See the decisions on cases No. 213/1986 (H.C.M.A. v.
the Netherlands), adopted 30 March 1989, paragraph 11.6;
No. 275/1988 (S.E. v. Argentina), adopted 26 March 1990,
paragraph 5.5; Nos. 343-345/1988 (R.A., V.N. et al. v.
Argentina), adopted 26 March 1990, paragraph 5.5.
109
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