ranking officer in the Colombian Army. The communication also requested that particular attention be given
to the security problems of the lawyer Alirio Uribe.486
255. In September 2000, CCAJAR's lawyers requested the president of the Republic for an "immediate
explanation of the reasons why members of our institution arbitrarily and illegally appear in various military
intelligence reports.”487 Their request was based on discoveries made in a May 1999 Report of the Internal
Affairs Office.488 That communication also included an urgent appeal for the State to fulfill its obligation to
provide meaningful, real and effective protection to the members of CCAJAR.489
256. In May 2002 the Presidential Program on Human Rights of the Office of the Vice President of the
Republic pledged to arrange the declassification and screening of the intelligence reports found, to which end
it organized a series of meetings that culminated in the adoption of commitments by the Colombian
Government.490 The petitioners said that the State never honored those commitments.491 The Commission has
no information regarding the possible fulfillment of those commitments.
257. Toward the end of 2002, CCAJAR wrote to the vice president of the Republic, Francisco Santos, in order
to inform him of the surveillance and communications intercepts on the Collective's members. In that
communication CCAJAR also requested an explanation as to why the Collective's members appeared in
intelligence reports, that said information be corrected, and that evidence be shown of concrete results in the
investigations carried out in relation to the attacks on members of the Collective.492 The Commission has no
information as to any response or follow-up on this request on the part of the office of the vice president.
258. On June 11, 2003 CCAJAR and other entities and associations of defense lawyers sent a letter to
president Uribe Vélez, expressing their concern at the systematic persecution of defense lawyers in
Colombia.493 They included several CCAJAR members. The IACHR does not have any information about follow
up on that communication.
259. On February 23, 2015, CCAJAR wrote a letter to president Juan Manuel Santos.494 They asked him to
take effective steps to ensure that the intelligence agencies attached to the Colombian Army, the National
Police, and other intelligence agencies “cease their illegal intelligence and persecution” activities against them.
They identified recent incidents purporting to demonstrate that CCAJAR members “continue[d] to be victims
of systematic and widespread persecution, of attacks by authorities and intelligence agencies.” They asked
that he “take urgent and effective steps to put an end to the harassment and persecution of CCAJAR and its
members.”495 The IACHR does not have any information about follow up on that communication.
V.
ANALYSIS OF LAW
A.
Preliminary matter
260. The Commission underscores that, based on the information furnished by the parties, this case falls
under an alleged pattern of persecution directed at members of CAJAR, consisting of threats, harassment,
stigmatizing statements, intelligence work, wiretapping, etc., all due to the human rights defense work done
Petitioners’ communication of June 23, 2005.
Open letter from CCAJAR to the president of the Republic dated September 7, 2000. Annex 21 to the petitioners’ brief containing
observations on merits, December 20, 2013.
488 Open letter from CCAJAR to the president of the Republic dated September 7, 2000. Annex 21 to the petitioners’ brief containing
observations on merits, December 20, 2013.
489 Open letter from CCAJAR to the president of the Republic dated September 7, 2000. Annex 21 to the petitioners’ brief containing
observations on merits, December 20, 2013.
490 Communication from the Director of the Presidential Program on Human Rights of the Office of the Vice President of the Republic
addressed to CCAJAR, May 18, 2001. Annex 22 to the petitioners’ brief containing observations on merits, December 20, 2013.
491 Petitioners’ brief containing observations on merits, December 20, 2013.
492 Letter from CCAJAR to the vice president of the Republic dated November 22, 2002. Annex 50 to the petitioners’ brief containing
observations on merits, December 20, 2013.
493 Annex 5 to the petitioners' communication of March 18, 2015.
494 Letter to Juan Manuel Santos, February 23, 2015. Annex 1 to the petitioners' communication of March 18, 2015.
495 Letter to Juan Manuel Santos, February 23, 2015. Annex 1 to the petitioners' communication of March 18, 2015.
486
487
49