UN human rights chief praises Colombian landmark court decision on enforced disappearances

GENEVA (11 June 2010) – The UN High Commissioner for Human Rights Navi Pillay on Friday welcomed a historic decision to sentence a senior Colombian army officer for human rights violations in a case of enforced disappearances in the aftermath of the 1985 hostage-taking at the Palace of Justice in Bogotá.

“I commend the Colombian judiciary for its decision, which is an important step in the fight against impunity, and urge the Colombian Government to support and respect the decision. I also urge the Government to take all necessary steps to continue ensuring the security of Judge María Stella Jara, who is facing numerous threats,” Pillay said.

On Wednesday, Judge Jara sentenced Colonel Luis Alfonso Plazas Vega to 30 years in prison for the disappearance of 11 people in November 1985, after Colombian military forces stormed the Supreme Court building where members of the M-19 guerrilla group were holding hundreds of hostages. Over 100 people, including more than 60 civilians, died during the military intervention.

The Office of the High Commissioner in Colombia, as well as the UN Special Rapporteurs on the situation of human rights defenders and on the independence of judges and lawyers, have recommended the authorities strengthen existing measures to ensure Judge Jara’s safety. She was granted precautionary measures by the Inter-American Commission on Human Rights.

“I hope that the judicial proceedings currently under way will be able to establish the truth about these tragic events, and the persons responsible, with all necessary guaranties for due process. This should include full protection of witnesses, lawyers, the families of victims, members of the administration of justice involved in these cases, and also those accused of the crimes.” Pillay said.

The High Commissioner emphasized that, under international human rights law, “no exceptional circumstances whatsoever – including a state of war, or threat of war, internal political instability or any other public emergency – may be invoked as justification for enforced disappearance.”
“The legitimate use of force to guarantee security and maintain public order is a right and a duty of the State towards its citizens,” Pillay said. “However, the State should observe certain limits aimed at respecting fundamental rights of individuals and the rule of law, even when responding to unjustified attacks by illegal armed groups.”

OHCHR Country Page – Colombia http://www.ohchr.org/EN/Countries/LACRegion/Pages/COIndex.aspx