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CCPR/C/37/D/244/1987

G.G. v. Colombia

UNO-Menschenrechtsausschuss (CCPR) · 1989-11-03 · en UN

Inadmissibility decision; Procedural issues: exhaustion of domestic remedies; [CCPR: UNO-Pakt II, Internationaler Pakt über bürgerliche und politische Rechte; Pacte international relatif aux droits civils et politiques; Patto II]

Volltext (verifizierbarer Originaltext)

thirty-seventh session)

Submitted by: G. G. [name deleted)

Alleged victim: A. Z.

State party concerned: Colombia

Pate of communication: 18 September 1987

- established under article 28 of the International

Covenant on Civil and Political Rights,

Meeting on 3 November 1989,

Adopta the following:

Decision on admissibility

1. The author of the communication (letter dated 18 September 1987; no further

submissions) is G. G., a Colombian lawyer writing on behalf oi’ A. Z., a Colombian

student and labourer, born in 1963, at the time of submission of the communication

detained at a prison in Bogotaé. The lawyer (who states that she is A. Z.'s female

companion) alleges that he is a victim of a violation of article 7 of the Covenant

by Colombian police authorities.

2.1 It is stated that A. Z. was arrested on 31 August 1987 and that no reasons for

his arrest were given by the authorities until 2 September 1987. (The lawyer does

not indicate what reasons were then given). It is alleged that A. Z. has been

subjected to serious ill-treatment, including & severe beating, evidenced by a

hematoma in his upper right arm, and by bruised ribs and legs. These injuries were

allegedly caused by blows with rifle butts and by kicks. It is further alleged

that A. Z. was blindfolded, that he was forced to breathe smoke, that he was

subjected to psychological torture in the form of death threate if he refused to

answer questions, and that medical attention was refused.

2.2 With respect to the exhaustion of domestic remedies, it is stated that A. Z.

requested an examination by an expert in forsnsic medicine but that the judge did

not order any medico-legal investigation. Furthermore, A. Z. is said to have

requested the Attorney General's Office (Procuraduria General de la Nacion) to

investigate his allegations of torture, hitherto without success.

3. By ite decision of 20 October 1987, the Working Group of the Human Rights

Committee transmitted the communication to the State party, requesting it, under

rule 91 of the rules of procedure, to provide information and observations relevant

to the question of the admissibility of the communication.

4. In its submission under rule 91, dated 20 October 1988, the State party

confirms that A. Z. was arrested on 31 August 1987 and adds that he was charged

with the offences of homicide and rebellion. He was released on parole and

subsoquently left the country, residing at present in France. The court of first

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dnetence, however, has indicted him and will proceed to judge him in absentia if he

fails to appear in court. The State party contends that the communication should

be deciared inadmissible under article 5, paragraph 2 (b), of the Optional

Protocol, since the author has not exhausted domestic remedies. In particular, the

State party affirms that a thorough search of the files of the

de le Nacidén and of the Procuradurias Delegadas did not revaal that the author had

filed any complaint. If the author claims to have baen subjected to ill-treatment,

he may still file a complaint with the competent authorities with a view to the

investigation cf the case and eventual prosecution of the responsible officials.

8. On 6 December 1988 the Secretariat transmitted the State party's observations

to the author, requesting comments thereon. The deadline for the author's comments

expired on 3 vanuary 1989. No further submission has Leen received from the outhor.

6.1 Before considering any claims contained in a communication, the Human Rights

Committee must, in accordance with rule 87 of its rules of procedure, decide

whether or not it is admissible under the Optionel Pretocol to the Covenant.

6.2 With regard to the requirament of exhaustion of domestic remedies in

article 5, paragraph 2 (b), of the Optional Protocol, the Committee has noted the

Stute party's contention that A. Z. has not exhausted them. As to A. Z.'s arrest,

the Committee takes into account that criminal proceedings on charges of homicide

have been opened against A. Z.; as to A. Z.‘'s allegations of ill-treatment, he has

not contested the State party's contention that he has not filed an official

complaint and that he may still do so. Thus the Committee concludes that the

author's communication does not meet the requirements of article 5,

paragraph 2 (b), of thu Optional Protocol.

7. The Human Rights Committee therefore decides:

(a) That the communication is inadmissible;

(b) That this decision shall be transmitted to the State party and tu the

author.

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