4.3 The State party points to several inconsistencies in the author's
presentation of the facts. For instance, he states that his brother was found
in a paddock on 7 February 1988, whereas the medical history of J.O.C.
submitted by the author indicates that he was admitted to the hospital of
Antioquia on 31 January 1988. Secondly, the State party submits that the
author has failed to substantiate any violation of his or his brother's right
to life. Finally, it contends that there is no evidence in the material
submitted by the author that, either directly or indirectly, would implicate
the armed forces of Colombia and thus establish the responsibility of the
State party. In the State party's opinion, it remains entirely possible that
J.O.C* has been the victim of a common crime.
Issues and proceedings before the Committee
5.1 Before considering any claims contained in a communication, the Human
Sights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
5.2 The Committee has noted the State party's contention that the author has
failed to exhaust available domestic remedies, as well as the author's reply
that such remedies would not be effective.
5.3 As to the alleged violations of article 19, the Committee finds that the
author has failed to sufficiently substantiate, for purposes of admissibility,
his claim; nor has he adduced any documentary evidence in support of his
contention.
5.4 As to the author's other allegations, the Committee notes that judicial
investigations into the events complained of are pending. While it is certain
that these investigations have encountered a number of difficulties, the
Committee observes that these difficulties are attributable primarily to the
fact that no direct involvement of the State party's regular armed forces has
been, or can at present be, proven. While fully understanding the
circumstances which led the author to submit his communication under the
Optional Protocol, the Committee cannot conclude on the basis of the
information before it that domestic remedies in Colombia would be a priori
ineffective and that difficulties in the judicial process would absolve the
author from exhausting domestic remedies.
6.
The Human Eights Committee therefore decides:
(a) That the communication is inadmissible under article 5,
paragraph 2 (b), of the Optional Protocol;
(b) That this decision be communicated to the State party and to the
author of the communication.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
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