348. The Commission takes note that at least seven cases were filed regarding DAS intelligence and
surveillance activities that targeted several people, including CAJAR members. The IACHR points out in this
regard that it has no detailed information on the individual investigations or the inquiries pursued.
349. The IACHR notes that, according to the documents presented in the framework of these investigations,
10 people were convicted for crimes of unlawful violation of communications, unlawful use of transmission
and reception equipment, abuse of authority, conspiracy to commit a crime, among other charges. The
Commission underscores the convictions in these cases, aimed at remedying the impunity with which the DAS
and other State agencies operated for years.
350. Nevertheless, the Commission notes that other investigations remain open and that it has no updated
information on the inquiries being conducted. Furthermore, the IACHR recalls that in its 2015 Annual Report
it mentioned that the trial of former DAS Director, Rafael Noguera, and the DAS’ former Intelligence Directors,
Giancarlo Auqué de Silvestri and Enrique Alberto Ariza Rivas, had been stymied621 inasmuch as: (i) Mr.
Noguera did not appear at the court hearing the case; and (ii) although arrest warrants are in effect for Messrs.
Auqué and Ariza, they have not been executed to date.622
351. The Commission also considers that a suitable explanation has not yet been provided of who the
masterminds are, including potential responsibility of senior executive branch authorities who may have been
involved in the design and implementation of the intelligence activities referred to herein.
352. Furthermore, the Commission takes note of the fact that the victims were denied access to the personal
data that was in DAS intelligence files.623 The Commission indicated in its 2013 country report that the State
had not adopted a law that allows for the effective exercise of the right of habeas data so that persons who
have been subject to arbitrary intelligence activities could have access to their data and thus request it be
corrected, updated, or, where applicable, scrubbed from intelligence files.624 The IACHR took note of the
creation, pursuant to Law 1621 of 2013, of the Advisory Committee on Purging Intelligence and CounterIntelligence Data and Files (“Advisory Committee”).
353. In its 2015 Annual Report, the IACHR received worrisome information that by mid-2015 the Advisory
Committee had met few times and, in addition to other challenges [faced], was moving slowly in compliance
with its mandate.625 In light of this, the Commission considers that the State has not provided victims a suitable
remedy for addressing their demands for access to information in the military intelligence database.
3.
Conclusion
354. In light of the above, the Commission concludes that the State is responsible for the violation of the
rights set forth under Articles 8(1), 25(1), and 13 of the American Convention, in relation to the obligations
set forth in Article 1(1) thereof, to the detriment of the CAJAR members identified in the section on findings
of fact.
VI.
CONCLUSIONS
355. Based on the foregoing considerations of fact and law, the Inter-American Commission concludes the
Colombian State is responsible for violation of the rights to life, personal integrity, due legal guarantees,
IACHR, 2015 Annual Report, March 17, 2016, paragraph 299. Available at: http://www.oas.org/en/iachr/docs/annual/2015/docen/InformeAnual2015-cap5-Colombia-EN.pdf
622 IACHR, 2015 Annual Report, March 17, 2016, paragraph 299. Available at: http://www.oas.org/en/iachr/docs/annual/2015/docen/InformeAnual2015-cap5-Colombia-EN.pdf
623 IACHR, Report on Colombia, December 31, 2013, paragraph 1188. Available at: http://www.oas.org/en/iachr/reports/pdfs/colombiatruth-justice-reparation.pdf
624 IACHR, Report on Colombia, December 31, 2013, paragraph 1188. Available at: http://www.oas.org/en/iachr/reports/pdfs/colombiatruth-justice-reparation.pdf
625 IACHR, 2014 Annual Report, May 7, 2015, paragraph 360. Available at: http://www.oas.org/en/iachr/docs/annual/2014/docsen/Annual2014-chap5-Colombia.pdf
621
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