Disappearence and death of Nidia Erika Bautista de Arellano
On August 30, 1987, Nidia Erika Bautista de Arellano disappeared in Bogotá. Member of the M-19 Movement (Movimiento 19 de Abril), then an armed opposition group. Her body was found in 1990 in the rural area of Guayabetal, department of Cundinamarca. In connection with the disciplinary proceedings, in 1994 the Attorney General’s Office ordered the investigation to be reopened, and Brigadier General Alvaro Velandia Hurtado removed from service. A sergeant was also sanctioned.
In 1995, under administrative law, the State/Ministry of Defense was found responsible for the death of Nidia Erika Bautista, and ordered to pay compensation to her family. In 1996, in accordance with Law 288 of 1996, the government complied with the terms of the compensation order.
A preliminary inquiry was conducted in the military criminal justice system’s case. The Bogotá Regional Section of the Prosecutor General’s Office ordered General Velandia and other members of the 20th Brigade to be linked to the case on suspicion of being responsible for her disappearance and subsequent murder. In 1995 the case was assigned to the newly created Human Rights Unit of the Prosecutor General’s Office. Its procedures led to the issuing of arrest warrants and the subsequent detention of three non-commissioned officers.
The investigation was transferred to the military criminal justice system, after the Superior Judicial Council resolved a conflict of jurisdiction. The Second Military Criminal Trial Court ordered the three persons linked to the proceedings by the Prosecutor General’s Office to be released, because of the expiration of the periods set down by the Military Criminal Code. The Superior Military Tribunal appointed the Air Force General Commander as Judge of the First Instance. The process was regressed to the hearing stage.
The case was examined by the UN’ Committee of the Covenant on Civil and Political Rights. The Committee found the Colombian State responsible for the disappearance of Nidia Erika Bautista, and recommended an investigation into the case, punishment for those responsible, and the payment of compensation to the family.
Through a "tutela" (writ of protection)
decision, the Constitutional Court overturned the Superior Judicial Council’s
ruling in June this year. The Council reconsidered its decision of transferring
the case to the military criminal justice system, and assigned it to ordinary
courts.
Disappearance of Nelson Restrepo Rodríguez
Nelson Restrepo, a community leader
and citizens’ inspector from the municipality of Puerto Gaitán,
department of Meta, was removed from his home on April 21, 2000, and nothing
has been heard from him since then. The Human Rights Unit of the Prosecutor
General’s Office is conducting a kidnapping/disappearance investigation.
A preliminary hearing was ordered on the basis of a report of the DAS,
and two individuals were brought in for questioning. As a result of this,
one of the accused, a self-defense-group member, was held in preventive
detention for kidnapping and formation of illegal armed groups.