234. In 2013, the Accusations Committee of the Colombian Chamber of Representatives was investigating
the former president of the Republic, Álvaro Uribe Vélez, who gave a voluntary deposition on the facts in
August 2011, without the victims having the possibility of questioning him.451
3.
Disciplinary investigations against state agents
235. The Commission notes the following disciplinary investigations conducted in relation to the various
facts in this case.
3.1.
Preliminary investigation 477-01
236. On June 30, 2001, the Internal Control Office of the DAS ordered a preliminary investigation to
determine the responsibility, if any, of its officials for the threats against CCAJAR.452 The Commission does not
have any information about the specific threats that prompted the investigation or against which members of
CCAJAR they were made. On October 3, 2001, CCAJAR requested the Internal Affairs Office of the Nation to
assume preferential jurisdiction over the above investigation.453
237. On December 31, 2001, the Internal Control Office of the DAS set aside the preliminary inquiry.454 The
Internal Control Office argued that the submissions made by CCAJAR lacked evidence.455 On April 10, 2002,
the Internal Affairs Office responded to the request of October 3, 2001, advising that said entity had exercised
oversight on that investigation and that it had been canceled because insufficient evidence was found to
continue it.456
3.2.
Preliminary investigation 008-59071-2001
238. On July 26, 2001, the Internal Affairs Office launched a preliminary investigation to establish possible
disciplinary responsibilities on the part of public officials (whether of the DAS, National Police, Army, or CTI)
for threats made to the lawyers Reinaldo Villalba and Alirio Uribe.457 On March 22, 2002, the Internal Affairs
Office ordered the investigation to be set aside.458 The Internal Affairs Office said that “if the persons
threatened provide no information as to the identity of the perpetrators or presumed perpetrators of the
threats or their motive, their impunity is no longer the responsibility of the state entity.”459
239. The Commission notes that similar decisions to set aside were adopted in the framework of other
preliminary investigations carried out by the Internal Affairs Office. That occurred in relation to the
preliminary investigations for harassment at the 13th Battalion against lawyer Luis Guillermo Pérez460 and
against the lawyer Diana Teresa Sierra.461
240. The Colombian state said that the internal affairs office of the nation impose the penalties of dismissal
and general ineligibility for positions in the public sector on Jorge Aurelio Noguera Cotes, José Miguel Narváez
Martínez, Carlos Arzayuz Guerrero, Fernando Alonso Tabares Molina, and Jorge Alberto Lagos León.
Petitioners’ brief containing observations on merits, December 20, 2013. The brief makes reference to “Jamás pasó por mi mente
ordenar chuzadas, dijo el ex Presidente Uribe,” Diario El Tiempo, online edition, August 8, 2011. Available at: http://bit.ly/19ktOMd
452 Petitioners’ communication of June 23, 2005.
453 Petitioners’ communication of June 23, 2005.
454 Petitioners’ communication of June 23, 2005.
455 Petitioners’ communication of June 23, 2005.
456 Petitioners’ communication of June 23, 2005.
457 Internal Affairs Office, Case No. 008-59071/2001, Decision of March 22, 2002. Annex 99 to the petitioners’ brief containing
observations on merits, December 20, 2013.
458 Internal Affairs Office, Case No. 008-59071/2001, Decision of March 22, 2002. Annex 99 to the petitioners’ brief containing
observations on merits, December 20, 2013.
459 Internal Affairs Office, Case No. 008-59071/2001, Decision of March 22, 2002. Annex 99 to the petitioners’ brief containing
observations on merits, December 20, 2013.
460 Case No. 15558753-01. Petitioners’ brief containing observations on merits, December 20, 2013.
461 Internal Affairs Office, Case No. 008-113526 de 2004, communication of December 1, 2004. Annex 98 to the petitioners’ brief
containing observations on merits, December 20, 2013.
451
46