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CASE No - Inter-Parliamentary Union

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CL/183/SR.1<br />

ANNEX XV<br />

<strong>CASE</strong> <strong>No</strong>. CO/140 - WILSON BORJA - COLOMBIA<br />

Resolution adopted unanimously by the IPU Governing Council at its 183 rd session<br />

(Geneva, 15 October 2008)<br />

The Governing Council of the <strong>Inter</strong>-<strong>Parliamentary</strong> <strong>Union</strong>,<br />

Referring to the case of Mr. Wilson Borja, an incumbent member of the Colombian<br />

Congress and vocal critic of the Colombian Government, as outlined in the report of the Committee on<br />

the Human Rights of Parliamentarians (CL/183/12(b)-R.1), and to the resolution adopted at its<br />

182 nd session (April 2008),<br />

Taking account of the information provided by the source on 11 August 2008,<br />

Considering the following information on file:<br />

- Mr. Wilson Borja suffered an attempt on his life on 15 December 2000, after he had<br />

received repeated death threats; on 26 August 2005, an indictment was brought against<br />

five accused who had not yet been apprehended following the sentencing of four persons<br />

to prison terms ranging between 28 and 60 years; one of the convicts, Army Major César<br />

Alonso Maldonado Vidales, escaped from the Military Police Battalion 13 detention centre<br />

in <strong>No</strong>vember 2004, even though he was being guarded by some 30 prison officers, but<br />

was captured again on 15 July 2008; two army officers were punished - one for a<br />

disciplinary offence leading to his suspension for 80 days and the other to a two-year<br />

suspended prison sentence - for their responsibility in the escape; two of the other<br />

convicts, former Sergeant Evangelista Basto Bernal and Mr. Regulo Rueda Chávez were<br />

reportedly included by the Colombian Government in the list of those enjoying the<br />

privileges offered under the Justice and Peace Law, which is applicable exclusively to<br />

demobilized members of illegal armed groups, on the grounds that they belonged to the<br />

Bloque Centauros of the Autodefensas Unidad de Colombia, even though no such claim<br />

had been made by this group itself; given the time already spent in detention, these<br />

persons may soon be released; the alleged masterminds of the attack, paramilitary leaders<br />

Salvatore Mancuso and Evert Veloza Garcia (alias "HH"), will reportedly stand trial in the<br />

United States of America, but only on drug-related charges;<br />

- There have reportedly been deficiencies on several occasions (starting in May 2006) in<br />

Mr. Borja’s protection scheme, in particular with respect to his security vehicles, about<br />

which he has regularly complained to the Ministry of <strong>Inter</strong>ior and Justice without any<br />

action being taken; Mr. Borja has therefore felt obliged on several occasions, most recently<br />

at the end of March 2008, to stay at home until his security was fully ensured;<br />

- Following the killing on 1 March 2008 by the Colombian military of high-ranking FARC<br />

member Raúl Reyes and the discovery of reportedly compromising material in his<br />

computers, on 22 May 2008 the Attorney General requested the Colombian Supreme<br />

Court to investigate Mr. Borja, along with others, for his alleged links with the<br />

Revolutionary Armed Forces of Colombia (FARC); on 4 July 2008, the Supreme Court<br />

opened a preliminary investigation in this respect; the source affirms that the documents<br />

found are written by others in which Mr. Borja's name appears, as do those of many<br />

others, and described his public activities as a parliamentarian and previously as a labour<br />

union leader; the source affirms that the authorities passed the collected information to<br />

selected media even though the investigation was ongoing; when Mr. Borja was publicly<br />

linked to FARC in a radio interview on 20 February 2007, he lodged a complaint with the<br />

Committee on Accusations of the House of Representatives, whose investigation is under<br />

way,

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