OEA/Ser.L/V/II.53
doc. 22
30 June 1981
Original:  Spanish

REPORT ON THE SITUATION OF HUMAN RIGHTS
IN THE REPUBLIC OF COLOMBIA

INTRODUCTION

 

A.          Background

 

1.       In Communication No. 168 of April 1, 1980, The Government of Colombia invited the Commission to undertake an on-site investigation in Colombia.  As part of this work the Commission was to attend the public stage of the cases being tried in Oral courts-martial and acquaint itself with the investigations into alleged abuses of authority in the area of human rights.  The aforementioned note reads as follows:

 

Mr. Chairman:

 

          I have the honor to transmit to you the note addressed thought me to you and the others members of that Commission by Dr. Diego Uribe Vargas, Minister of Foreign Affairs of Colombia.

 

          Bogotá, April 1, 1980

 

Mr. Chairman and members of the Inter-American Commission on Human Rights.

Washington, D.C.

 

It has been a longstanding hope of the Colombian government to invite the Commission, whose honesty and rectitude are internationally recognized, to visit our country for the purpose of examining the general situations of human rights and, at the same time, to be present at the public part of the oral proceeding of Oral courts-martial now being conducted, in accordance with the Constitution and the laws of the Republic, and to apprise itself of how the trials are conducted.

 

Similarly, the Government wishes that the Inter-American Commission on Human Rights acquainted itself with the investigations being conducted into alleged abuses of authority with respect to human rights.

 

In Particular, we wish to move ahead with the investigations that came about as a result of the report of Amnesty International; it is our obligation to make the veracity of these investigations clear.  The competent authorities are also interested in having the Commission become familiar with the numerous investigations initiated after the charges were made. Many of these investigations have been concluded and we wish you to see for yourselves the impartiality with which they were conducted. [1]/

 

It goes without saying that the sooner you can visit Colombia, the more effective and significant the results of that visit will be.

 

Accept the renewed assurances of my highest consideration,

                   (Signed)        Diego Uribe Vargas

                   Minister of Foreign Affairs in Colombia

 

Accept, Mr. Chairman, the renewed assurances of my highest consideration.

 

                             Carlos Bernal Tellez

          Ambassador, Permanent Representative of Colombia

 

          2.       Meeting at its headquarters in Washington, D.C., on the occasion of its 49th session, the Commission immediately took up the invitation formulated by the Colombian government of Colombia and expressed its decision in the following words:

 

          Mr. Ambassador: 

                  

                   I have the honor to refer to note No. 168 of your embassy, dated this same day, in which your Excellency transmits to me a note from the Minister of Foreign Affairs of Columbia, Dr. Diego Uribe Vargas, dated yesterday, in which the Colombian government invites the Inter-American commission on Human Rights to visit its country for the purpose of reviewing the status of human rights there.  

 

          To that end, the commission believes that the most propitious date to start the on-site investigation would be the 21st of this month. 

 

          I am pleased to inform your Excellency, in reply. That the Commission, immediately after receiving such a gracious invitation, decided to accept it by unanimous agreement of its members.  

 

          Also, I wish to inform your Excellency that the Commission designated its Exclusive Secretary, Dr. Edmundo Vargas Carreno, to arrange with high Colombian authorities certain details relating to the length of the visit, the schedule of activities of this Commission during the visit, and the faculties and cooperation that the government of Columbia should furnish to it for adequate fulfillment of its mission, in accordance with the Commission’s on on-site investigations.              

 

          I kindly ask your Excellency to transmit to his Excellency, the minister of Foreign Affairs, the appreciation of the Commission for the display of confidence that he has shown and I am honored to extend to him the assurances of my highest consideration.  

 

                                                                   Luis Demetrio Tinoco Castro 

                                                                             Chairman  

 

B.         Activities of the Commission during the on-site investigation  

          1.       In accordance with the pertinent Regulations, the special commission that was to conduct the on-site investigation in Colombia was established.  The Special Commission was composed of the following members: Prof. Tom J. Farer, Chairman; Dr. Francisco Bertrand Galindo, Vice Chairman; Prof. Carlos A. Dunshee de Abranches; Dr. Andrés Aguilar; and Dr. César Sepúlveda.  Dr. Luis Demetrio Tinoco Castro did not participate in the Commission due to prior commitments.  This communication is contained in part 2 of this section.

 

          The Special Commission, was accompanied by the following professional and technical staff members of the Secretariat: Dr. Edmundo Vargas Carreno, Executive Secretary of the Commission; Dr. David Padilla, Assistant Executive Secretary of the Commission; and by two additional staff lawyers, Dr. Edgardo Paz Barnica and Dr. Manuel Velasco Clark.

 

          The administrative staff that worked with the Special Commission during its visit to Colombia was composed of Mrs. Dafne de Murgia, Mrs. Elsa Ergueta, Miss Gabriela Restrepo and interpreters, Mr. Marcelo Montesinos and Mrs. Eva Desrossier.

 

          2.       The on-site investigation began April 21 and its first stage came to an end on April 28, 1980.  At the start of its work in Colombia the Commission issued its first press release dated April 21, 1980.  [2]/

 

3.       The Special Commission established its main offices in Colombia at the Tequendama Hotel in Bogotá.  In accordance with the work schedule approved for the on-site investigation, the Commission carried out the following activities.

 

a)       Interviews with public authorities

 

          From the starts of its activities and during the on-site investigation, the Commission conducted interviews with Colombian authorities of varying ranks.  On April 21, it met with the President of the Republic, Dr. Julio César Turbay Ayala, at Nariño Palace.  The President was accompanied by several members of his cabinet.  The Commission also held later interview with the Colombian Chief Executive.

 

          In addition, the Commission met separately with the Minister of Foreign Affairs, Dr. Diego Uribe Vargas, with the Minister of Government, Dr. German Zea Hernández, the Minister of Justice, Dr. Hugo Escobar Sierra, the Minister of Defense, General Luis Carlos Camacho Leyva and the Minister of Communications, dr. José Manuel Arias.

 

          In addition, the Commission met with the Chairman of Congress who is also the Chairman of the Senate of the Republic, dr. hector Echeverri Correa.  It also met with the President of the Supreme Court of Justice, Dr. Juan Manuel Gutierrez Lacouture, and the Procurator general of the Nation, Dr. Guillermo González Charry.

 

          In their wide-ranging and frank exchanges of impressions, the members of the Commission explained to these government officials the objectives of their mission in Colombia.  They reviewed several cases relating to the observance of human rights.  In these interviews, the Commission received from government authorities offers of fullest support to help make the Commission’s activities in Colombia as effective as possible.

 

          During its visits to Cali, the capital of the Department of Valle del Cauca, to Medellín, the capital of the Department of Antioquía, and to Bucaramanga, the capital of the Department of Santander, the Commission met with departmental and local authorities as well as with the directors and other authorities of detention centers and military centers in Bogotá and in the above mentioned cities.

 

b.       Interviews with former Presidents of the Republic

 

The Commission considered it appropriate and useful to discuss the Colombian situation with former Presidents of the country.  For that purpose, it met with Dr. Alberto Lleras Camargo, Dr. Misael Pastrana Borrero, and Dr. Alfonso López Michelsen.  Dr. Darío Echandía was not able to meet with the Commission for reasons of health.  Dr. Carlos Lleras Restrepo was not in the Colombian capital at the time of the Commission's visit.

 

c)       Interviews with religious figures

         

          During the on-site investigation, the Commission visited the cardinal primate of Colombia, Monsignor Anibal Muñoz Duque.  It exchanges impressions about different aspects of life in Colombia and listened to the opinion about these matters of the distinguished Colombian prelate.  The Commission also met with the Archbishop of Cali, Monsignor Alberto Uribe Urdaneta.

 

          In addition to these persons, the Commission spoke during its hearings in the other cities it visited with other figures and representatives of religious groups.

 

d)       Human rights agencies

 

          During its stay in Colombia the Commission held individual meetings with leaders and representatives of national human rights agencies.

 

          The Commission held a number of meetings with the Permanent Commission for the Defense of Human Rights, presided over by Dr. Alfredo Vasquez Carrizosa, a former Chancellor of the Republic, and with the Colombian Pro-Human Rights Association, presided over by Dr. Luis Agudelo Ramírez, a university professor.

 

          In Bogotá, the Commission also met with the Committee of Family Members of Political Prisoners, the Committee of Solidarity with Political Prisoners and a delegation from the Boyaca Human Rights Committee.

 

          In Cali, the Commission met with the Committee of Family members of Political Prisoners, delegates from the Popayan Human Rights Organization an representatives of the Regional council of the Cauca Indians, (CRIC)

 

          In Medellín, the Commission conducted a hearing with representatives of that city’s Human Rights Commissions, and of other organizations.  In Bucaramanga, it met with representatives of human rights groups of the Department of Santander.

 

e)       Professional Organizations

 

          During its stay in Colombia, the Commission met with executives and representatives of professional organizations.  One of these that deserves special mention is the Association of Democratic Jurists, presided over by Dr. Apolinar Díaz Callejas.  Attorneys who defend political prisoners make up this association, which is headquartered in Bogotá.

 

          In addition, the Commission held a hearing with a delegation from the Association of Democratic Jurists of Medellín.

 

          In Bogotá, the Commission exchanged ideas with the Association for Colombian Physicians (ASMADES), presided over by Dr. Eduardo Arevalo Burgos.

 

f)       Employees and Trade Workers Unions

 

          The Commission met in Bogotá with leaders and representatives of different labor organizations.  It had a full exchange of impressions with the delegates of several trade union organizations in the country through the Consejo Nacional Sindical.  These interviews included the Union of Trabajadores de Colombia (UTC); the Confederación de Trabajadores de Colombia (CSTC); and the Confederación General del Trabajo (CGT).

 

Also in Bogotá, the Commission met with leaders and members of the Sociedad Odontológica Sindical Colombiana, the Sindicato Nacional de Trabajadores de Notariado y Registro, and the Asociación Nacional de Funcionarios y Empleados del Poder Judicial (ASONAL JUDICIAL).  In Cali, the Commission met with representatives of Trade union sectors and in Bucaramanga, with leaders of the Union de Trabajadores de Santander (UTRASAN).

 

g)       Representative of Private Enterprise

 

          In Bogotá, the commission held a hearing for members of different sectors of Colombian private enterprise.  These persons were from the fields of law, banking, industry and commerce.  It also met with members of the Asociación Nacional de industriales (ANDI) who expressed their points of view about the state of affairs in Colombia to the Commission members.

 

h)       Other interviews and Hearings

 

          In Bogotá, Cali, Medellín and Bucaramanga, the Commission met with and held hearings for representatives of different types of organizations as well as individuals interested in meeting with the Commission.

 

In the Capital city, the Commission engaged in a full exchange of ideas with members and executives of the Asociación de Estudiantes Universitaríos Colombianos, presided over by Mr. José Antequera.

 

i)        Press Organs

 

          The Commission released three press communiques, which are given in this report.  Apart from these, the Commission gave press interviews every day to explain the objectives of its visits and how its work was going.  These interviews were with different organs of the mass communication media such as the press, radio and television.

 

j)        Detention Centers and Military Centers

 

          As part of the on-site investigation, the Commission visited a number of detention centers and military centers both during the investigation proper and after it.  The purposes of these visits were to meet with the prisoners both political and common, to inspect the conditions of the detention centers and to listed to and receive any chares presented to it.

 

          In Bogotá, the Commission visited to the Villanueva jail, in Medellín, the National jail of Bellavista and in Bucaramanga, the Local Men’s Jail and the El Buen Pastor Women’s Correctional Jail.

 

Besides this, the Commission visited to the Artillery School, the Cavalry School, the Military Institute Brigade and the Baraya Batallion.

 

          The chapel of the La Picota Penitentiary was the scene of the military trials against presumed members of the M-19 movement.  At the Baraya Batallion, Military trials were held for alleged members of the Fuerzas Armadas Revolucionarias Colombianas (FARC).

 

k)       Hearing of Claims

 

At the outset of its activities in Colombia, and in its first press release, the Commission invited persons who believed that their human rights had been violated to present their charges.

 

Thereafter, the Commission heard the charges at its main offices at the Tequendama Hotel located in Bogotá.  It received claims from both individuals as well as different organizations.

 

When the Commission visited Cali, Medellín and Bucaramanga, it heard the charges of a number of individuals and organizations.

 

Besides this, when it visited the detention centers, the Commission heard the charges and claims of individual prisoners.

 

These charges that the Commission received during the on-site investigation and after it are reviewed and processed in accordance with the Commission’s Rules of Procedure.

 

C.       The Commission and the solution of the problem posed by the seizure
           of the Dominican Embassy

 

1.       On February 27, 1980, at about mid-day a group of guerrilla commandos, belonging to Movimiento M-19m occupied the Embassy of the Dominican Republic in Bogotá during a diplomatic reception being held to celebrate the Independence Day of the Dominican Republic.  The guerrilla group took as hostages more than fifty persons, among them the diplomatic representative of several countries, state officials and members of Colombian Society. [3]/

          2.       In an interview with the President of the Republic and members of his cabinet conducted April 21, 1980 the participants exchange impressions about the activities to be carried out during the on-site investigation and the status of human rights in Colombia.  At this time, the Colombian Chief Executive raised the problem posed by the occupation of the Dominican Embassy.  He explained several aspects of the negotiations held up to that time by government delegates.  He also stated that 16 conversations had been held between government spokesmen and the captors.  He requested the valuable assistance of the Commission with the hope that it might help lead to a legal settlement of the problem that would be acceptable for all parties involved.

 

          Furthermore, a Special Commission of diplomatic agents of countries having hostages in the Dominican Embassy, led by the Apostolic Nuncio of the Holy See in Argentina, Monsignor Pio Laghi, who was also the delegate of His Holiness, Pope John Paul II, in Bogotá on the occasion of the aforementioned event, visited the Commission at its offices in the Tequendama Hotel.  His purpose was to request their opportune intervention in bringing about a favorable solution of this problem that has international ramifications.

 

          In furtherance of the mandate regarding its competence, the Commission accepted this request and visited the Dominican Embassy on several occasions, met with the President of the Republic, the Minister of Foreign Affairs and other Colombian authorities, and also held a number of conversations with the members of the guerrilla group and the hostages.

 

          3.       Within this context, the Commission and the Government of Colombia reached a decision on a settlement for the problem, by means of an exchange of notes dated April 23 and 24, 1980.  The Government note, No. DM.00174, addressed to the Chairman of the Commission, reads as follows:

 

H.E. Tom Farer, Chairman of the

Inter-American Commission on Human Rights

Other Members

 

Excellencies:

 

          As you are aware, Colombia has a long tradition of democracy, in which human rights have been observed.  Colombia’s national laws make provision for the defense on human rights.

 

          Similarly, Colombia has signed international commitments at global and hemispheric levels that obligate it to respect the supreme dignity of the human being.

 

          Taking these considerations into account, the Government decided to extend an invitation, via the Ministry of Foreign Affairs in my charge, to the Inter-American Commission on Human Rights to visit the country and to perform therein the duties of that prestigious organ.

 

          The Government’s mayor concern is that civilian and military authorities should not commit abuses of authority at any level.  Naturally, it does not discount the possibility that subordinates may exceed the boundaries of their constitutional and legal duties.  To tolerate possible violations of this kind is a serious error, to which the Government would never be a party.  Therefore, I can assure the members of the Inter-American Commission on Human Rights that no denunciation will go uninvestigated and no guilty party will go unpunished.

 

          In inviting Your Excellencies to visit Colombia, the Government is establishing that its decision is to comply fully with the obligations assumed under the Inter-American convention on Human Rights and to allow the Commission to examine the non restricted part of all proceedings it may wish to examine, so that it may establish that they are being conducted in accordance with the law.

 

          Within the context of this letter, the Government acknowledges that the Inter-American Commission on Human Rights or its authorized representatives may freely exercise, in accordance with the law and throughout the national territory, all its functions and the following activities:

 

          a.       To be completely free to contact attorneys representing individuals being tried in Oral Courts Martial and those being tired in military courts.

 

          b.       To observe, in accordance with the provisions of the law, the Oral Courts Martial and to assure itself of the procedural guarantees and that the proceedings are being conducted in accordance with the law.  It also has the power to make any observation it deems appropriate to the competent authorities, to prevent any violation of the rights of those bought to trial.

 

          c.       To guarantee transportation to the airport and departure from the country for all those who have not been indicted or who have been acquitted in those Oral Courts-Martial, when these individuals so desire.

 

          d.       To point out any irregularity that might arise in these proceedings and to study all those complaints they receive in connection with trials in which the charges may not have been proven properly or in which the proof may have been obtained by means that clearly violate human rights, so that if such violations are proven, the individuals affected may challenge the validity of the verdict.

 

          e.       To apprise itself of the investigations being conducted into abuses of authority and the denunciations of specific cases of violations of human rights, so that any individuals responsible for such reprehensible acts may be punished with all the rigor of the law.

 

          This letter reaffirms the Government’s irrevocable decision to honor its international commitments, which parallel its legal obligations in the domestic realm.

 

          On the foregoing bases and if such action is deemed appropriate, the members of the Inter-American Commission on Human Rights, may serve as guarantors vis-à-vis the individuals who took over the premises of the Embassy of the Dominican Republic, of the Government’s strict compliance with all clauses of this letter, which takes effect immediately as far as the Executive is concerned.

 

          The Government will continue to regard the freedom of the hostages as a matter of urgency, as it always has.

 

          I await Your Excellencies’ reply, convinced, as I am, that all the facilities the Colombian Government will offer to the Commission to enable it perform its duty properly, will meet with the Commission’s satisfaction.

 

                                                          (Signed)        Diego Uribe Vargas

                                                                      Minister of Foreign Affairs

 

          The Commission’s note to the Government, through the Minister of Foreign Affairs of Colombia, Dr. Diego Uribe Vargas, reads as follows:

 

          Excellency:

 

                   I have the honor to refer to your note No. 00174 of April 23, 1980, which reads as follows:

 

DM.00174.  Bogotá, April 23, 1980

H.E. Tom Farer, Chairman of the

Inter-American Commission on Human Rights

Other Members

 

Excellencies:

 

          As you are well aware, Colombia has a long tradition of democracy, in which human rights have been observed.  Colombia’s national laws make provision for the defense of human rights.

 

          Similarly, Colombia has signed international commitments at global and hemispheric levels that obligate it to respect the supreme dignity of the human being.

 

          Taking these considerations into account, the Government decided to extend an invitation, via the Ministry of Foreign Affairs in any charge, to the Inter-American Commission on Human Rights to visit the country and to perform therein the duties of that prestigious organ.

 

          The Government’s major concern is that civilian and military authorities should not commit abuses of authority at any level.  Naturally, it does not discount the possibility that subordinates may exceed the boundaries of their constitutional and legal duties.  To tolerate possible violations of this king is a serious error, to which the Government would never be a party.  Therefore, I can assure the members of the Inter-American Commission on Human Rights that no denunciation will go uninvestigated and no guilty party will go unpunished.

 

          In inviting Your Excellencies to visit Colombia, the Government is establishing that its decision is to comply fully with the obligations assumed under the Inter-American Convention on Human Rights and to allow the Commission to examine the non restricted part of all proceedings it may wish to examine, so that it may establish that they are being conducted in accordance with the law.

 

          Within the context of this letter, the Government acknowledges that the Inter-American Commission on Human Rights or its authorized representatives may freely exercise, in accordance with the law and throughout the national territory, all its functions and the following activities:

 

          a.       To be completely free to contact attorneys representing individuals being tried in Oral Courts martial and those being tried in military courts.

 

          b.       To observe, in accordance with the provisions of the law, the Oral Courts Martial and to assure itself of the procedural guarantees and that the proceedings are being conducted in accordance with the law.  It also has the power to make any observation it deems appropriate to the competent authorities, to prevent any violation of the rights of those brought to trial.

 

          c.       To guarantee transportation to the airport and departure from the country for all those who have not been indicted or who have been acquitted in those Oral Courts Martial, when these individuals so desire.

 

          d.       To point out any irregularity that might arise in these proceedings and to study all those complaints they receive in connection with trials in which the charges may not have been proven properly in which the proof may have been obtained by means that clearly violate human rights, so that if such violations are prove, the individuals affected may challenge the validity of the verdict.

 

          e.       To apprise itself of the investigations being conducted into abuses of authority and the denunciations of specific cases of violations of human rights, so that any individuals responsible for such reprehensible acts may be punished with all the rigor of the law.

 

          This letter reaffirms the Government’s irrevocable decision to honor its international commitments, which parallel its legal obligations in the domestic realm.

 

          On the foregoing bases and if such action is deemed appropriate, the members of the Inter-American Commission on Human Rights, may serve as guarantors vis-à-vis the individuals who tool over the premises of the Embassy of the Dominican Republic, of the Government’s strict compliance with all clauses of this letter, which takes effect immediately as far as the Executive is concerned.

 

          The Government will continue to regard the freedom of the hostages as a matter of urgency, as it always has.

 

          I await Your Excellency’s reply, convinced, as I am, that all the facilities the Colombian Government will offer to the Commission to enable it to perform its duty properly will meet with the Commission’s satisfaction.

 

                                                (Signed)        Diego Uribe Vargas

                                                          Minister of Foreign Affairs

 

          In reply, it is my pleasure to inform Your excellency that the Inter-American Commission on Human Rights fully accepts the proposal formulated by the illustrious Government of Colombia in the note transcribed above.

 

          The Commission over which I preside is of the view that the activities listed in that note conform to the function assigned to the Commission in the American Convention on Human Rights and to the obligations that the Government of Colombia has assumed by virtue of that instrument.

 

          In that regard, I am pleased to confirm for Your Excellency that the Commission –either directly or through a delegation which it will appoint from among its members or the attorneys serving within its Executive Secretariat—will conduct freely and in accordance with the provisions of Colombian law and the Rules of Procedure of the Commission, the activities listed in Your Excellency’s note.

 

          Further, the Commission is willing to serve as guarantor vis-à-vis the individuals who took over the premises of the Embassy of the Dominican Republic, of the Colombian Government’s strict compliance with all the clauses of Your excellency’s communications, which shall take effect immediately.

 

          Accept, Excellency, the assurances of my highest consideration.

 

                                                                   Tom J. Farer

                                                                      Chairman

 

          On April 25, the guerrilla group occupying the Dominican Embassy wrote to the Commission in reference to the notes transcribed above. [4]/

        

[ Table of Contents | Next ]

[1]   Amnesty International visited Colombian in January of 1980 at the invitation of the President of the Republic in July 1979.  On April 1980, the aforementioned agency handed over to the Colombian government a 44-page document with it made public several days later.  This report analyzed the situation of human rights in Colombia and went on to draw conclusions and make recommendations.  In a speech to the country on April 19, 1980, the Colombian chief executive referred to that report and refuted several of its points.

[2]               The fist press release reads as follows: Today the Inter-American Commission on Human Rights will begin its activities in Colombia.  One of its purposes is to promote the observance of human rights in the member states of the Organization of American States.  The Commission is made up of the Chairman, Prof. Tom J. Farer, and by the members, Drs. Francisco Bertrand Galindo, Andrés Aguilar, Carlos A. Dunshee de Abranches, Luis Demetrio Tinoco Castro and César Sepúlveda.  The Executive secretary is Dr. Edmundo Vargas Carreno, who will be assisted by professional and administrative staff members of this office.  Dr. Marco Gerardo Monroy Cabra, the Vice Chairman and members of the Commission, is a Colombian national and will not participate in the investigation, in accordance with the provisions of the Commission’s rules of procedure.  This rules bar a member from participating in an on-site investigation of the country of which he is a national.  The Commission’s visit to this country follows an invitation for this purpose issued by the Government of Colombia.  The Government has given its fullest assurances that the Commission will have unrestricted freedom and all necessary facilities to it this area.

          Charges will be heard at the offices of the Commission located in suite numbers 330 and 332 of the Tequendama Hotel in Bogotá, from Tuesday April 22 to Friday, April 25, from 10:00 a.m. to 1:00 p.m. and from 3:00 p.m. to 6:00 p.m. the Commission hopes that during its stay in Colombia the different sectors of the country will contribute their valuable help so the Commission can gain an impartial understanding of the actual state of affairs in Colombia in the field of human rights.

[3]         Following these events, on March 25, 1980, the OAS Permanent Council adopted Resolution CP/RES.303 (417/80), the text of which follows:

 

          THE PERMANENT COUNCIL OF THE ORGANIZATAION OF AMERICAN STATES

 

          Concerned at the serious events that occurred at the headquarters of the Embassy of the Dominican Republic in Bogotá, assaulted by an armed subversive group, calling itself M-19, which took as hostages diplomatic and consular personnel accredited to the Government of Colombia, officials of the Foreign Ministry of that country and other persons,

 

          RECALLING:

 

          The provisions of the Vienna convention on Diplomatic Relations of April 18, 1961 and the resolutions of the General Assembly of the Organization condemning acts of terrorism and especially the kidnapping of persons and related extortion, particularly when perpetrated against representatives of foreign states, because they violate not only human rights but also the standards that govern international relations,

 

          RESOLVES:

 

          1.       To express its emphatic rejection of the unacceptable assault on the headquarters of the Embassy of the Dominican Republic in Bogotá and the consequent taking as hostages of diplomatic and consular personnel accredited to the Government of Colombia, officials of the Foreign Ministry of that country and other persons.  These acts constitute a flagrant violation of the fundamental rights of man, of the dignity and value of the individual, and of the essential principles of international law.

 

          2.       To express its solidarity with the Government of Colombia, confident that the efforts it is making to ensure the well-being of the hostages and to secure their release will lead to an appropriate solution of the problem.

 

          3.       To instruct the Committee on Juridical and Political Affairs to expedite the studies it is conducting on this subject in accordance with Resolution AG/RES. 366 (VIII-O/78) of the eight regular session of the General Assembly of the Organization.

 

          In addition, in its 49th Session held on March 27, 1980, the Commission adopted the following resolution on the same matter:

 

RESOLUTION ON THE TAKING OF HOSTAGES AND THE OCCUPATION OF THE EMBASSY OF THE DOMINICAN REPUBLIC IN COLOMBIA

 

WHEREAS:

 

          The persons who have taken control of the Embassy of the Dominican Republic in Bogotá invoke for the taking of hostages, in addition to other reason, their concern for the human rights of those detained and at the disposition of justice, whom they hope to liberate:

 

          That invocation implies a serious confusion of values, since human rights cannot be defended by actions which themselves violate the same judicial protections afforded by the rules that recognize human rights:

 

          The taking of hostages is incompatible with the full effectiveness of human rights and fundamental liberties of persons,

 

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

RESOLVES:

 

          To condemn the taking of hostages and the seizure of the headquarters of the Embassy of the Dominican Republic in Bogotá, Colombia.

 

[4]         The letter from the guerrilla group reads as follow:  His Excellency, Tom Farer, Chairman of the Inter-American Commission on Human Rights, and other members of the Commission.  Bogotá.  Excellency:  I am pleased to inform you that the members of the Jorge Marco Zambrano guerrilla column have read the contents of both note DM.00174 of April 23, signed by the Minister of Foreign Affairs of Colombia, Dr. Diego Uribe Vargas, and your reply dated April 24, in which the Commission on Human Rights accepts fully the proposal formulated by the Government of Colombia.  In that sense, it is our duty to state to you that the exercise of the activities in the two notes represents to us a full guarantee that our comrades in arms who are being held prisoner, accused of crimes of a political nature, will receive the protection of your Commission, will enjoy all procedural and legal guarantees to avoid any violations to their rights and will allow the evidence obtained in clear validity of the trials.  Likewise, we are pleased to see that the Government of Colombia recognizes the rights of the Inter-American Commission on Human Rights to “apprise itself of the investigations being conducted into abuses of authority and the denunciations of specific cases of violations of human rights, so that any individuals responsible for those reprehensible acts may firm decision, s M-19 guerrillas, to continue granting to the hostages all the considerations and protection that we have been giving them to date and that we will grant them their liberty as soon as possible.  Attentively, Rosenber Pavon Pavon, Commander No. 1, Jorge Marco Zambrano Guerrilla Column.