violation of communications and illicit use of transmission/receiving equipment, and sentenced him to 105 months in prison and ineligibility to hold positions in the public sector.418 2.2. The trial of Carlos Arzayuz Guerrero (Case 12839-11) 215. Carlos Arzayuz Guerrero, former deputy director of operations of the DAS, expressed a desire to entity a guilty plea and for that reason was not included in the indictment of January 26, 2010 (see supra, par. 190).419 As he later retracted his plea, the prosecution presented an indictment against him and his trial proceeded in parallel with those of the other defendants.420 On April 21, 2010, the Sixth Criminal Court of the Bogotá Special Circuit took up the proceedings and ordered that the public hearing begin.421 216. On March 19, 2014, the Sixth Criminal Court of the Special Circuit sentenced Mr. Arsayuz to 9 years, 10 months, and 15 days in prison as perpetrator of concurrent counts of the crime of aggravated conspiracy to commit crime; as co-perpetrator of concurrent and consecutive counts of the crimes of illicit violation of communications, illicit use of transmission/receiving equipment, and concurrent and consecutive counts of abuse of authority by reason of an arbitrary and unjust act in circumstances warranting higher penalties.422 217. On appeal of the above decision by the defense of Mr. Arzayuz, the Superior Court of Bogotá reduced the sentence imposed by the court to 8 years, 7 months in prison.423 In that same decision, the case was sent back to the original court to decide on the matter of the request for release presented by the former official.424 The Commission has no further information about the current status of the proceeding. 2.3. The trial of José Miguel Narváez Martínez (Case 1408-6) 218. The court examining the case directed the trial of Mr. Narváez to be conducted as a separate proceeding, in parallel with those of the other officials.425 The Commission does not have any other information about that fact. 219. On July 26, 2016, the Sixth Enforcement Court sentenced Mr. Narváez to 8 years in prison for illegal intercepts and surveillance of journalists, NGOs, and human rights defenders, included among which was CCAJAR.426 Mr. Narváez was found guilty of creating the DAS G-3 espionage group.427 2.4. The investigation and trial of Gian Carlo Auque de Silvestri et al. (Case 12753-11) 220. On March 4, 2011, the Prosecution Unit 11 filed indictments against the former DAS personnel Gian Carlo Auque de Silvestri, Eduardo Aya Castro, Rodolfo Medina Alemán, and Mario Orlando Ortiz Mena 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 on concurrent and consecutive counts.428 State’s brief containing observations on merits, January 23, 2015. State’s brief containing observations on merits, January 23, 2015. 420 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Office of the Attorney General, Former deputy director of operations of the DAS accused, April 29, 2010. Available at: http://www.fiscalia.gov.co/colombia/noticias/acusado-ex-subdirector-de-operaciones-del-das/ 421 State’s brief containing observations on merits, January 23, 2015. 422 State’s brief containing observations on merits, January 23, 2015. 423 El Espectador, “Tribunal Superior rebajó condena al exjefe de inteligencia del DAS por ‘chuzadas,'” February 15, 2015. Available at: http://www.elespectador.com/noticias/judicial/tribunal-superior-rebajo-condena-al-exjefe-de-inteligen-articulo-544243. 424 El Espectador, “Tribunal Superior rebajó condena al exjefe de inteligencia del DAS por ‘chuzadas,'” February 15, 2015. Available at: http://www.elespectador.com/noticias/judicial/tribunal-superior-rebajo-condena-al-exjefe-de-inteligen-articulo-544243. 425 Petitioners’ brief containing observations on merits, December 20, 2013. 426 El Espectador, “Condenan a José Miguel Narváez por interceptaciones ilegales en el DAS,” July 26, 2016. Available at: http://www.elespectador.com/noticias/judicial/condenan-jose-miguel-narvaez-interceptaciones-ilegales-articulo-645425. 427 El Espectador, “Condenan a José Miguel Narváez por interceptaciones ilegales en el DAS,” July 26, 2016. Available at: http://www.elespectador.com/noticias/judicial/condenan-jose-miguel-narvaez-interceptaciones-ilegales-articulo-645425. 428 State’s brief containing observations on merits, January 23, 2015. 418 419 43