CCPR/C/116/D/2399/2014 them. In the light of these facts and the fear of being persecuted by the authorities, the authors decided not to return to Colombia and took up residence in Mexico. 2.6 Criminal Court No. 75 opened a preliminary inquiry. The authors argue that the investigations carried out by Criminal Court No. 75, including the testimony that was gathered, the inspection of the crime scene, the at-the-scene examinations of the corpses and the forensic evidence, indicate that A.F.D. and the wife of R.R.P. were extrajudicially executed by the members of the Special Operations Group; that the objective of the operation had never been to arrest A.F.D., but instead to kill him; and that members of the police and the army should thus be held responsible for his death. 2.7 Meanwhile, on 15 March 1986, the Military Criminal Court (Court No. 78) opened a preliminary inquiry into the same events. 2.8 In addition, on 22 May 1986, R.R.P. lodged a complaint with the President of the Republic concerning the death of his wife. On 8 July 1986, the Office of the Specialized Counsel for the National Police within the Office of the Counsel General of the Nation opened a preliminary investigation, which was followed by a disciplinary inquiry into alleged wrongdoing involving the use of violence resulting in the loss of the life of the wife of R.R.P. as a result of actions which also led to the death of the authors’ family member. The Directorate General of the National Police, for its part, initiated a procedure known as an “internal disciplinary investigation” into the same events. On 21 July 1986, however, the case was closed, as it had been determined that the operation had been carried out in accordance with the laws and regulations governing the police. On 29 December 1986, the Office of the Specialized Counsel for the National Police decided to close the disciplinary inquiry pursuant to the decision to close the internal disciplinary proceedings conducted by the national police, invoking the non bis in idem principle. 2.9 On 4 March 1987, the Military Court closed its investigation. On 24 March 1987, the Brigadier General, commander of the Bogotá Metropolitan Police Department, acting as a judge of first instance, rendered a judgment in which he stated that there was insufficient cause for court-martialling a first lieutenant, two non-commissioned officers and two police officers in connection with the killings. He therefore issued an order to suspend the proceedings against these persons. On 8 June 1987, the Higher Military Tribunal upheld the ruling issued in first instance. 2.10 Between 1988 and 1989, the Government of the State party entered into negotiations with M-19 and the People’s Liberation Army. The authors claim that the military forces opposed the negotiation process and that several members of M-19 and the People’s Liberation Army were tortured, disappeared or killed in military and police operations. Other members of these organizations managed to leave the country and seek refuge abroad. In August 1989, a former police officer made claims before the Counsel General alleging that members of the national police had committed several crimes, including the murder of A.F.D., and that an intelligence and counter-intelligence army battalion was investigating and following several people, including the lawyer J.E.U.M., who was his legal representative and had defended A.F.D. and other members of M-19 at the court martial. The Office of the Counsel General, however, did not take any action of its own motion to reopen the case of A.F.D. 2.11 In November 1989, C.L.C.D. travelled to Colombia to attend her father’s funeral. In December of that year, V.F.C. and A.F.C. also returned to the State party to reunite with their mother and live with her in Bogotá, where they completed their high school and university studies. C.L.C.D. encountered great difficulty in finding employment owing to the fact that she was the widow of a former M-19 general commander and that persons who had been active in or associated with that organization were being persecuted. GE.16-11906 3

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