CCPR/C/60/D/612/1995
page 12
8.6
Counsel has alleged a violation of article 9 in respect of the three
murdered indigenous leaders. The above-mentioned decision of the Human Rights
Division concluded that the indigenous leaders' abduction and subsequent
detention were illegal (see paras. 7.2 and 7.3 above), as no warrant for their
arrest had been issued and no formal charges had been brought against them.
The Committee concludes that the authors' detention was both unlawful and
arbitrary, violating article 9 of the Covenant.
8.7
Counsel has claimed a violation of article 14 of the Covenant in
connection with the interrogation of the Villafañe brothers by members of
the armed forces and by a civilian with military authorization without the
presence of a lawyer and with total disregard for the rules of due process.
As no charges were brought against the Villafañe brothers, the Committee
considers it appropriate to speak of arbitrary detention rather than
unfair trial or unfair proceedings within the meaning of article 14. The
Committee accordingly concludes that José Vicente and Amado Villafañe were
arbitrarily detained, in violation of article 9 of the Covenant.
8.8
Lastly, the Committee has repeatedly held that the Covenant does not
provide that private individuals have a right to demand that the State
criminally prosecute another person. 2 The Committee nevertheless considers
that the State party has a duty to investigate thoroughly alleged violations
of human rights, particularly enforced disappearances and violations of the
right to life, and to criminally prosecute, try and punish those deemed
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 in conformity with 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 7 and 9 of the Covenant in the case
of the Villafañe brothers and of articles 6, 7 and 9 of the Covenant in the
case of the three leaders Luis Napoleón Torres Crespo, Angel María Torres
Arroyo and Antonio Hugues Chaparro Torres.
10.
Under article 2, paragraph 3, of the Covenant, the State party has an
obligation to ensure that Mr. José Vicente and Mr. Amado Villafañe and the
families of the murdered indigenous leaders shall have an effective remedy,
which includea compensation for loss and injury. The Committee takes note of
the content of decision No. 029/1992, adopted by the Human Rights Division on
29 September 1992, upholding decision No. 006/1192 of 27 April, but urges the
State party to expedite the criminal proceedings for the prompt prosecution
and trial of the persons responsible for the abduction, torture and death of
Mr. Luis Napoleón Torres Crespo, Mr. Angel María Torres Arroyo and Mr. Antonio
Hugues Chaparro Torres and of the persons responsible for the abduction and
torture of the Villafañe brothers. The State party also has an obligation to
ensure that similar events do not occur in the future.
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