CCPR/C/WG/60/DR/612/1995
page 3
Views under article 5, paragraph 4, of the Optional Protocol
1.
The authors of the communication are José Vicente Villafañe Chaparro and
Amado Villafañe Chaparro, filing a complaint on their own behalf, and
Dioselina Torres Crespo, Hermes Enrique Torres Solis and Vicencio Chaparro
Izquierdo, acting on behalf of their respective deceased fathers,
Luís Napoleón Torres Crespo, Angel María Torres Arroyo and Antonio Hugues
Chaparro Torres. The authors are all members of the Arhuaco community, a
Colombian indigenous group, residing in Valledupar, Department of Cesar,
Colombia. It is submitted that they are victims of violations by Colombia of
articles 2, paragraph 3; 6, paragraph 1; 7; 9; 14; and 27 of the International
Covenant on Civil and Political Rights. They are represented by a lawyer,
Mr. Federico Andreu Guzmán.
Facts as submitted by the authors
2.1
On 28 November 1990, at about 1 p.m., Luís Napoleón Torres Crespo,
Angel María Torres Arroyo and Antonio Hugues Chaparro Torres boarded a bus in
Valledupar for Bogotá, where they were scheduled to attend various meetings
with government officials. The same day, at about 11 p.m., José Vicente
Villafañe and his brother, Amado Villafañe, were arrested by soldiers
from the No. 2 Artillery Battalion “La Popa” stationed in Valledupar.
Lieutenant-Colonel Luís Fernando Duque Izquierdo, Commander of the Battalion,
had issued a warrant to search the Villafañe brothers' houses, ordering that
the search be carried out by Lieutenant Pedro Fernández Ocampo and four
soldiers. The search warrant had been authorized on the basis of military
intelligence to the effect that the two men were members of a support unit for
the Guerrilla Group ELN (“Ejército de Liberación Nacional”), and that they
were storing arms and material reserved exclusively for the use of the armed
forces. The brothers were released on 4 December 1990, after considerable
pressure had been brought to bear by the Arhuaco community.
2.2
Manuel de la Rosa Pertuz Pertuz was also arrested on 28 November 1990,
when he left his house to help the Villafañe brothers; he was taken to the
“La Popa” barracks, where he was allegedly ill-treated, blindfolded and
interrogated by military officers. He was released on 29 November at
about 7.15 p.m. Amarilys Herrera Araujo, the common-law wife of
Amado Villafañe Chaparro, was also arrested on the night of 28 November 1990,
taken to “La Popa” and interrogated. She was released at about 1 a.m. on
29 November 1990. In the last two cases, there was no arrest warrant, but
both were deprived of the possibility of obtaining legal assistance.
2.3
It soon transpired that the Arhuaco leaders never reached their
destination in Bogotá. On 12 December 1990, a delegation of the Arhuacos went
to Curumani to verify the information they had received regarding the
abduction of their leaders. It appeared that on 28 November 1990, the driver
of the bus (on which the Arhuaco leaders had travelled) had reported to the
police in Curumani that, at about 4 p.m., after stopping at a restaurant in
Curumani, four armed men had forced three indigenous passengers to board a
car; the police, however, had not followed up on the complaint.
2.4
On 13 December 1990, in the municipality of Bosconia, the Arhuaco
delegation was informed that, on 2 December 1990, three corpses had been