REPORT No. 62/ 161 PETITION 4449-02 REPORT ON ADMISSIBILITY SAULO ARBOLEDA GÓMEZ COLOMBIA DECEMBER 6, 2016 I. SUMMARY 1. On November 5, 2002, the Inter-American Commission on Human Rights (hereinafter “the Commission,” “the Inter-American Commission,” or “the IACHR”) received a petition lodged by Saulo Arboleda Gómez (hereinafter “the Petitioner” or “the alleged victim”) against the Republic of Colombia (hereinafter “Colombia” or “the State”) alleging violation of his right to a fair trial in criminal proceedings against him. 2. According to the petitioner, he was investigated and convicted in criminal proceedings triggered in 1997 by the dissemination of illegal recordings related to the granting process for a radio broadcast station license which he oversaw in his capacity as Minister for Communications. He indicates that said audio material, obtained illegally in violation of his right to privacy, was used as evidence against him in proceedings that did not meet minimum due process requirements. He also states that, under the Colombian legal system, he could not appeal the conviction pronounced by the Criminal Division of the Supreme Court of Justice, which decided his case in sole instance. The alleged victim claims violation of his rights to a fair trial, protection of honor and dignity, equal treatment under the law, and judicial protection. 3. According to the State, it did not violate the petitioner’s human rights at any time since, it argues, due process and due judicial protection were provided in all legal proceedings. It also indicates that the petition was presented out of time and that the alleged victim has not yet exhausted the adequate domestic remedies available. 4. Without prejudice to the merits of the case, having examined the positions of the parties, and in accordance with the requirements of Articles 31 to 34 of the Rules of Procedure of the IACHR (hereinafter “the Rules of Procedure”) and Articles 46 and 47 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”), the Commission has decided to declare the petition admissible in order to examine the arguments as to alleged violation of the rights enshrined in Articles 8 (Right to a fair trial) and 25 (Right to judicial protection) of the Convention, in conjunction with Articles 1(1) and 2 thereof. However, the Commission has decided to declare the petition inadmissible with respect to the allegations of violation of the rights in Articles 11 and 24 of the American Convention. The Commission has also decided to notify the parties of this decision, to publish it, and to include it in its Annual Report to the General Assembly of the Organization of American States. II. PROCESSING BY THE COMMISSION 5. The IACHR received the petition on November 5, 2002. During the initial evaluation phase, it received additional information on July 21, 2003; January 22, 2004; February 28, March 4, and September 28, 2005; and March 30, 2007. On September 20, 2013, the IACHR sent the State copies of the relevant parts of the petition and additional information received during the initial evaluation phase, giving it three months to submit its observations, on the basis of Article 30(3) of its Rules of Procedure. The State’s response was received on December 24, 2013, and was forwarded to the petitioner. 6. The petitioner submitted additional observations on September 23, 2013; April 28 and September 2 and 25, 2014; March 19, April 27, May 12, and July 8, 2015; and March 14 and April 19, 2016. The 1 In accordance with Article 17(2)(a) of the Rules of Procedure of the Commission, Commissioner Enrique Gil Botero, a Colombian national, did not participate in the discussion or decision of this matter. 1