that States parties should take specific and effective measures to prevent the disappearance of individuals and
establish facilities and procedures to investigate thoroughly, by an appropriate impartial body, cases of missing and
disappeared persons in circumstances which may involve a violation of the right to life. The Committee has duly
noted the State party's submissions concerning the investigations carried out hitherto in this case.
11. The Human Rights Committee notes that the parents of the Sanjuán brothers received indications that their
sons had been arrested by agents of the "F2". The Committee further notes that in none of the investigations ordered
by the Government has it been suggested that the disappearance of the Sanjuán brothers was caused by persons other
than Government officials. In all these circumstances, therefore, the Committee, acting under article 5, paragraph 4,
of the Optional Protocol to the International Covenant on Civil and Political Rights, finds that the right to life
enshrined in article 6 of the Covenant and the right to liberty and security of the person laid down in article 9 of the
Covenant have not been effectively protected by the State of Colombia.
12. The Committee takes this opportunity to indicate that it would welcome information on any relevant
measures taken by the State party in respect of the Committee's views and, in particular, invites the State party to
inform the Committee of further developments in the investigation of the disappearance of the Sanjuán brothers.
APPENDIX
Individual opinion submitted by Mr. Nisuke Ando pursuant to rule 94, paragraph 3 of the Committee's rules of procedure
concerning the views of the Committee on communication
No. 181/1984, Sanjuan Arevalo v. Colombia
I have no objection to the Committee's invitation that the State party continue to inform it of further developments in
the investigation into the disappearance of the Sanjuán brothers (para. 12 of the views).
However, in inviting the State party to continue to inform it, the Committee notes that "the Sanjuan brothers were
arrested in the first place by the agents of the 'F2'". It further notes that "in none of the investigations ordered by the Government
has it been suggested that the disappearance of the Sanjuán brothers was caused by private persons". Thus, "[In] all these
circumstances ... the Committee finds that the right to life enshrined in article 6 of the Covenant and the right to liberty and
security of the person laid down in article 9 of the Covenant have not been effectively protected by the State of Colombia"
(ibid.).
I have three reservations concerning these findings:
Firstly, the finding that "the Sanjuán brothers were arrested ... by agents of the 'F2'" is based on a statement contained in
a letter of the victims' father (para. 2.3). According to this letter, the parents of the brothers "received indications in August 1982
from the Chief of the Administrative Department of Security ... that their sons had been arrested by agents of the 'F2'". In my
opinion, the Committee should have made it clear that its finding is based on that particular letter. Moreover, the letter's
evidentiary value must be treated with caution.
Secondly, the finding that "in none of the investigations ordered by the Government has it been suggested that the
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