15 persons to be questioned.406 The Commission does not have any information about the other individuals
on whom investigations were opened being linked to the case.
209. In addition to those 15 persons, on August 6, 2009, the prosecutor linked Enrique Alberto Ariza Rivas,
former Director General of Intelligence of the DAS, and Juan Carlos Sastoque Rodríguez, Coordinator of Special
Intelligence Group 3, to the case as absent persons.407
210. On December 2, 2009, the prosecutor ordered the partial closure of the investigation.408 The
Commission has no information regarding the reasons for that decision. On January 26, 2010, the prosecutor
filed indictments against José Miguel Narváez, Jackeline Sandoval Salazar, Jorge Armando Rubiano, Martha
Inés Leal Llanos, Hugo Daney Ortíz, Enrique Alberto Ariza, and José Alexander Velásquez for the crimes of
aggravated conspiracy to commit crime, illicit violation of communications, illicit use of
transmission/receiving equipment, and abuse of authority by reason of an arbitrary and unjust act.409 The
Commission does not have any additional information about evidentiary procedures carried out in the
investigation between 2009 and 2012.
211. On November 30, 2012, the Third Criminal Court of the Bogotá Special Circuit convicted Enrique Alberto
Ariza, Jorge Armando Rubiano, Hugo Daney Ortíz, Jackeline Sandoval Salazar, and Martha Inés Leal Llanos of
the crimes of conspiracy to commit crime, illicit violation of communications, illicit use of
transmission/receiving equipment, and abuse of authority by reason of an arbitrary and unjust act.410 The
court sentenced each to 105 months in prison, deprivation of political rights, and a fine of two times the
monthly minimum wage.411
212. According to information provided by the State, by January 2015 the convicted defendants were serving
their prison terms.412 According to information circulated in the media, in December 2014, Martha Leal
regained her freedom for having served her sentence after spending four years in prison.413
213. The same decision found José Alexander Velásquez Sánchez guilty of the crime of abuse of authority by
reason of an arbitrary and unjust act and acquitted him of the charges of conspiracy to commit crime and illicit
violation of communications.414 He was sentenced to pay a fine of two times the monthly minimum wage.415
The detention order against him was revoked, so the court ordered his immediate release.416
214. On December 30, 2012, the civil party filed an appeal against that decision.417 On March 7, 2014, the
Criminal Chamber of the Court of Bogotá overturned the judgment against him, convicted him as the
perpetrator of aggravated conspiracy to commit crime and as concurrent co-perpetrator of the crimes of illicit
Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Case 12495, Prosecution Unit
11 delegated to the Supreme Court of Justice, C. 2, pp. 205-207; C. 6, pp. 1-4.
407 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Case 12495, Prosecution Unit
11 delegated to the Supreme Court of Justice, C. 10, pp. 3-37.
408 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Case 12495, Prosecution Unit
11 delegated to the Supreme Court of Justice, C. 28, p. 138.
409 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Case 12495, Prosecution Unit
11 delegated to the Supreme Court of Justice, C. 28, pp. 1-99.
410 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Third Criminal Court of the
Special Decongestion Circuit in and for Bogotá, file 2010-00020, judgment of November 30, 2012. Available at
http://www.derechos.org/nizkor/colombia/doc/das299.html
411 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Third Criminal Court of the
Special Decongestion Circuit in and for Bogotá, file 2010-00020, judgment of November 30, 2012. Available at
http://www.derechos.org/nizkor/colombia/doc/das299.html
412 State’s brief containing observations on merits, January 23, 2015.
413 El Tiempo: “Ya van más de 20 condenados por las interceptaciones del DAS” [More than 20 convicted for DAS wiretaps], February 27,
2015. Available at: http://www.eltiempo.com/politica/justicia/los-condenados-por-las-chuzadas-del-das/15313997.
414 State’s brief containing observations on merits, January 23, 2015.
415 State’s brief containing observations on merits, January 23, 2015.
416 State’s brief containing observations on merits, January 23, 2015.
417 State’s brief containing observations on merits, January 23, 2015.
406
42