for illegal intelligence operations.438 The Commission notes that only in the case of Mr. Noguera were the
investigations connected with the attacks on CCAJAR.439
229. On June 23, 2009, the prosecutor opened a preliminary inquiry linking Jorge Noguera to the
investigation for the crimes of 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 to the detriment of CCAJAR.440 On January 6, 2011, the Attorney General issued a pretrial detention order
for him without the possibility of release.441 That decision was appealed by the victims in order to increase
the charges for which he was originally linked to the case to include the crimes of embezzlement and
psychological torture, and that those offenses be declared to constitute crimes against humanity.442 The
Attorney General decided not to reconsider the decision, arguing that there was insufficient proof.443
230. On July 11, 2012, the prosecution unit decided to indict the former director of the DAS Jorge Noguera
for the offenses alleged.444 On October 8, 2013, the Criminal Chamber of the Supreme Court of Justice ruled
that the time limit for the investigation had lapsed in relation to the offenses of illicit violation of
communications and illicit use of transmission/receiving equipment.445
231. The Division found that pursuant to Article 83 of Law 599 of 2000, the time limit for criminal action
lapses after the same amount of time as the maximum penalty provided by law, which shall never be less than
five years, and that if the conduct is carried out by a public servant in the performance of their duties, the time
limit increases by one third.446 Thus, the court argued that in this case, the time limit for criminal action in
relation to the offenses of illicit violation of communications and illicit use of transmission/receiving
equipment lapsed after six years, eight months.447 Based on the foregoing, the Criminal Chamber ruled:
Applying the rules of arithmetic, if we accept that Dr. NOGUERA COTES allegedly committed
the offenses mentioned until the last day on which he served as director of the DAS, that is,
October 26, 2005, the time limit for criminal action for the three alleged crimes lapsed on
June 25, 2012, a term of six years, eight months. As the classification was made on July 21,
2012, those offenses were clearly time-barred before the indictment was presented.448
232. In the same decision, the Criminal Chamber of the Supreme Court of Justice ordered copies to be
produced so that he might be investigated for the crime of torture.449
233. On November 27, 2013, that decision became final after the motions for reconsideration filed by the
victims and the prosecution were denied.450
Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Office of the Attorney General,
Case 12490-7 C. 1, pp. 4-10.
439 Petitioners’ brief containing observations on merits, December 20, 2013.
440 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Office of the Attorney General,
Case 12490-7, Preliminary inquiry proceedings of June 23, 2009, (C.3, pp. 107-119); Continuation of preliminary inquiry, January 22,
2010 (C. 11, pp. 226-227), and Continuation of preliminary inquiry, April 6, 2010 (C. 12, pp. 101-108).
441 Petitioners’ brief containing observations on merits, December 20, 2013.
442 Petitioners’ brief containing observations on merits, December 20, 2013.
443 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to Office of the Attorney General,
Case 12490-7 C. 17, pp. 63-84.
444 Prosecution Unit Delegated to the Supreme Court of Justice, Case 12490-7, Indictment against Jorge Noguera Cotes, July 11, 2012.
Annex 97 to the petitioners’ brief containing observations on merits, December 20, 2013.
445 Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to “El exjefe del DAS Jorge Noguera
no será procesado por chuzadas,” Diario El Tiempo, online edition, October 8, 2013. Available at: http://bit.ly/17a3mYm
446 Available at: http://www.derechos.org/nizkor/colombia/doc/noguera10.html, October 8, 2013.
447 Available at: http://www.derechos.org/nizkor/colombia/doc/noguera10.html October 8, 2013.
448 Available at: http://www.derechos.org/nizkor/colombia/doc/noguera10.html October 8, 2013.
449 Available at: http://www.derechos.org/nizkor/colombia/doc/noguera10.html October 8, 2013.
450 Available at: http://190.24.134.101/corte/wp-content/uploads/relatorias/pe/b1dic2013/39931(27-11-13).doc, November 27,
2013.
438
45