CCPR/C/WG/60/DR/612/1995
page 11
also when criminal indemnity proceedings were instituted. The proceedings
were closed. There has been unjustified delay in the proceedings.
Examination of the merits:
8.1
The Human Rights Committee has examined the present communication in the
light of all the information made available to it by the parties, as provided
for under article 5, paragraph 1, of the Optional Protocol.
8.2
In its submission of 14 November 1996, the State party indicates that
Lieutenant Fernández Ocampo and Lieutenant-Colonel Izquierdo retired from the
army at their own request, on the basis of decisions 7177 of 7 September 1992
and 9628 of 26 December 1991, respectively. Moreover, the recommendation by
the Human Rights Division of the Attorney-General's Office that these two
persons should be dismissed was not implemented, since they retired from the
army at their own request. The State party also reiterates its desire to
guarantee fully the exercise of human rights and fundamental freedoms. These
observations would appear to indicate that, in the State party's opinion, the
above-mentioned decision constitutes an effective remedy for the families of
the deceased indigenous leaders and for the Villafañe brothers. The Committee
does not share this view: purely disciplinary and administrative remedies
cannot be deemed to constitute adequate and effective remedies within the
meaning of article 2, paragraph 3, of the Covenant, in the event of
particularly serious violations of human rights, especially when violation of
the right to life is alleged, as it indicated in its decision on
admissibility.
8.3
In respect of the alleged violation of article 6, paragraph 1, the
Committee observes that decision No. 006/1992 of the Human Rights Division of
27 April 1992 clearly established the responsibility of State agents for the
disappearance and subsequent death of the three indigenous leaders. The
Committee accordingly concludes that, in these circumstances, the State party
is directly responsible for the disappearance and subsequent murder of
Luis Napoleón Torres Crespo, Angel María Torres Arroyo and Antonio Hugues
Chaparro Torres, in violation of article 6 of the Covenant.
8.4
As to the claim under article 7 in respect of the three indigenous
leaders, the Committee has noted the results of the autopsies, and also the
death certificates, which revealed that the indigenous leaders had been
tortured prior to being shot in the head. Given the circumstances of the
abduction of Mr. Luis Napoleón Torres Crespo, Mr. Angel María Torres Arroyo
and Mr. Antonio Hugues Chaparro Torres, together with the results of the
autopsies and the lack of information from the State party on that point, the
Committee concludes that Mr. Luis Napoleón Torres Crespo, Mr. Angel María
Torres Arroyo and Mr. Antonio Hugues Chaparro Torres were tortured after their
disappearance, in violation of article 7.
8.5
As to the Villafañe brothers' claim under article 7, the Committee has
noted the conclusions contained in the decision of 27 April 1992, to the
effect that the brothers were subjected to ill-treatment by soldiers from the
No. 2 Artillery Battalion “La Popa”, including being blindfolded and dunked in
a canal. The Committee concludes that José Vicente and Amado Villafañe were
tortured, in violation of article 7 of the Covenant.