State presented additional observations on February 23, 2015 and July 18, 2016. All observations were duly
forwarded to the opposing party.
III.
POSITIONS OF THE PARTIES
A.
Position of the Petitioner
7.
The petitioner indicates that, on August 17, 1997, various communications media published
an “illegal recording” obtained by unknown persons of a conversation between the alleged victim, then Minister
for Communications, and Rodrigo Villamizar Alvargonzález, then Minister for Mines and Energy, about the
granting of a radio station broadcast license. He states that this illegal material provided the basis for criminal
proceedings against him given that, on August 20, 1997, the Office of the Attorney General opened a preliminary
investigation against him on an ex officio basis. On August 21, 1998, since the petitioner and Rodrigo Villamizar
were both government ministers, they were charged before the Criminal Appellate Division of the Supreme
Court of Justice (hereinafter “the Criminal Division”) with the crime of unlawful interest in a public contract.
Subsequently, on May 14, 1999, the Criminal Division declared the proceedings against Rodrigo Villamizar null
and void because it considered him to have acted in a private rather than ministerial capacity, which meant
that it did not have the special jurisdiction established in Article 235 of the Constitution.
8.
On October 25, 2000, the Criminal Division sentenced the alleged victim to a principal penalty
of 54 months in prison, 15 monthly legal minimum wages, and disqualification from public office for the length
of his prison term. In response, as there was no possibility of appeal, the petitioner lodged a tutela action [action
for protection of constitutional rights] with the Sectional Council of the Judiciary of Cundinamarca (hereinafter
“the Sectional Council”), which was denied in a judgment issued on December 1, 2000. The alleged victim
lodged an appeal with the Superior Council of the Judiciary (hereinafter “the Superior Council”), which on
February 1, 2001, upheld the contested decision, thereby denying the requested protection.
9.
Subsequently, in a judgment of March 6, 2002, the Constitutional Court upheld the decision of
the Superior Court of the Judiciary, arguing that the recording of the telephone conversation had been barred
from evidence by both authorities, the Office of the Attorney General and the Supreme Court of Justice and that
the evidence on which the charge and conviction were based came not from that recording but from separate,
independent sources.
10.
In addition, in the context of disciplinary proceedings also initiated as a result of the illegal
recordings, the alleged victim indicates that the Administrative Tribunal of Cundinamarca reversed two rulings
against him that had been issued by the Office of the Inspector General. In his opinion, this voiding of
administrative sanctions is further evidence of his innocence and proves that the criminal conviction against
him is unjust.
11.
Furthermore, the alleged victim states that he lodged three actions for review that were
rejected, as described below.
a.
First action for review
12.
In the context of a tutela action, the investigation proceedings against Rodrigo Villamizar were
voided by Constitutional Court judgment T-058/2006. According to the petitioner, this circumstance
constituted new evidence of his innocence. Accordingly, he lodged an action for review of his conviction with
the Criminal Division. However, it was rejected in a decision of December 5, 2007, which indicated that the
aforesaid ruling in the tutela action did not terminate the criminal investigation or absolve Rodrigo Villamizar
of criminal responsibility but merely invalidated the proceedings so that they could be reinitiated in accordance
with internal procedures.
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