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 68

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