torture he was subjected to, and that even special therapy has not improved
his state. The author suspects that the paramilitary group to which the
incident was attributed was backed by the regular armed forces.
2.4 In the latter context, the author contends that the Colombian armed
forces regularly practice torture, are engaged in killings and disappearances,
and cooperate with, or at the very least tolerate, the activities of
paramilitary groups. He points to the report issued by the United Nations
Working Group on Enforced or Involuntary Disappearances after its visit to
Colombia in the autumn of 1988, which stated that there was indirect proof of
armed forces involvement in many of the disappearances occurring in Colombia.
2.5 With respect to his own case, the author indicates that a Sergeant Major
from the army, one D.T., told him that his participation in various
demonstrations had been noted by the army's intelligence service and aroused
considerable suspicion, and that the "army had it in for him" ("estaba muy
quemado con el ejercito"). In the first half of 1987, an agent of the special
security police was uncovered in a union meeting at the University of
Antioquia, in which the author participated. All these events, as well as the
ill-treatment of his brother, allegedly were designed to induce the author to
withdraw from his union activities.
2.6 As to the requirement of exhaustion of domestic remedies, the author made
several complaints to the Colombian Attorney-General's Office, to the Police
Department in Me&ellin and to several examining magistrates in Bogota. They
promised to investigate his and his brother's cases, but no conclusive result
has transpired. In particular, the author filed a complaint with the
examining magistrate Ho. 21 in Bogota, who had been instructed to investigate
matters related to interference with union activities in the National
University of Colombia. In spite of regular reminders, he did not receive a
reply; no o»e has been indicted, as those responsible for his brother's
situation and for the threats against his life have not been identified. The
author concludes that the Colombian judicial system is virtually inoperative,
as he contends was conceded even by a Colombian Federal Prosecutor, and that,
accordingly, he should be deemed to have complied with the requirements of
article 5, paragraph 2 {b), of the Optional Protocol.
Complaint
3.
It is submitted that the facts described above constitute violations of
articles 6, 7, 17 and 19 of the International Covenant on Civil and Political
Rights.
State party's information and observations
4.1 The State party submits that the communication is inadmissible on the
ground of non-compliance with article 5, paragraph 2 (b), of the Optional
Protocol, since the author failed to avail himself of available remedies.
4.2 In this context, it indicates that it has instructed the Office of the
Prosecutor-General and the National Office of Criminal Investigations in
Bogota to inquire into the author's allegations. As soon as these
investigations are concluded, they will be brought to the Committee's
attention.
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