Coronel and ors. v. Colombia

Title
Coronel and ors. v. Colombia

Court/Judicial Body:
Human Rights Committee

Citation:
Communication No. 778/1997

Date:
29 September 1996

Instruments Cited:
International Covenant on Civil and Political Rights
Art. 2(3): Duty to provide an effective remedy
Art. 6: Right to life
Art. 7: Prohibition on torture, cruel, inhumane and degrading treatment
Art. 9: Right to liberty
Art. 17: Right to private and family life

Summary:
The complaint was brought by the family members of seven people who were tortured and killed by Colombian military forces in San José del Tarra including Luis Ernesto Ascanio Ascanio, who was 16 at the time. All of the victims were either in or near their homes at the time, and were taken into military custody without warrants prior to their deaths. The Colombian State did not deny that the military had been responsible for the illegal detention and deaths of the seven people. Several administrative and disciplinary investigations were ongoing at the time the complaint was submitted, but no criminal case had been opened. The State denied that the domestic remedies open to families were inadequate.

The Committee found that there had been violations of the right to life, right to liberty and right to a private life with respect to all of the victims, and that the legal proceedings had not been sufficiently expeditious to constitute an effective remedy. The Committee also found that there was sufficient evidence to demonstrate that the prohibition on torture had been violated with respect to four of the deceased, including Mr. Ascanio Ascanio. The Committee also noted that where serious violations of Covenant rights are alleged, disciplinary and administrative remedies will not be sufficient.

Link to Full Judgement:
http://daccess-dds-ny.un.org/doc/UNDOC/DER/G02/461/11/PDF/G0246111.pdf?OpenElement

This summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice.