IACHR
Press Release
IACHR refers case on Colombia to the Inter-American Court
December 28, 2020
Washington, D.C. - On July 8, 2020, the Inter-American Commission
on Human Rights (IACHR) presented the case Members of the José
Alvear Restrepo ”Collective Lawyers Corporation - CAJAR with respect
to Colombia to the Inter-American Court of Human Rights. The case is
related to facts of violence, intimidation, harassment and threats
against CAJAR members since the 1990s and up to the present day,
linked to their activities in defense of human rights.
In its Merits Report, the Commission noted that the members of CAJAR have
been victims of multiple events of threats, harassment and follow-up in
various places by people whose identity is not accredited. However, taking
into account that the State carried out arbitrary intelligence work, as well
as stigmatizing pronouncements by high officials in which they linked CAJAR
members with the guerrillas, the Commission considered that such actions
actively contributed to the materialization of such acts of violence. As
established by the Commission, this situation constitutes not only a serious
breach of the duty to protect, but it was also actions that were openly
contrary to that duty, with the necessary implications in attributing
responsibility to the State for the acts of violence, threat and harassment
against CAJAR.
Specifically, in relation to intelligence activities, the Commission
established that the work of the Administrative Department of Security (DAS)
through a special strategic intelligence group included monitoring the work
activities of CAJAR members; intercept their landline and cell phone calls,
and emails; and make personal files of each member that include personal
data. The State did not satisfy the legality requirement to carry out the
monitoring and surveillance activities for the members of CAJAR. These
activities were carried out without any type of judicial control.
Furthermore, regarding the possible justification for said interference, the
State did not invoke any legitimate purpose pursued through such
intelligence work carried out against the members of CAJAR, nor presented
any element that would allow an analysis of the suitability, necessity, and
proportionality of such measures. In this sense, the Commission determined
that the intelligence work of the DAS was illegal and arbitrary, to the
detriment of the members of CAJAR.
The Commission considered that, although the State adopted physical
protection measures in favor of CAJAR members, such measures were evaluated
alongside a context of lack of clarification and total impunity for the
events denounced, arbitrary intelligence and monitoring, as well as
stigmatizing pronouncements by high officials, were manifestly insufficient
to prove that the State fulfilled its duty to protect. On the contrary, all
the actions described constitute as well a violation of the duty of respect,
as the State itself has become part of the risk faced by CAJAR, as well as
being tolerant and acquiescent regarding the facts against it.
In these circumstances, the Commission concluded that such actions and
omissions on the part of the State affected the regular activities of the
organization, and that they were translated into a frightening effect so
that the members of CAJAR exercised their freedom of expression and
association in their work to defend human rights.
The Commission noted that the State did not carry out a serious and exhaustive investigation aimed at finding out the truth about the facts, identifying the perpetrators, unraveling the sources of risk that CAJAR faced through diligent joint investigations, and taking into account the context and to impose the respective sanctions. Thus, the Commission considered that the State has not provided the victims with an appropriate resource to attend to their claims related to access to information from the military intelligence database.
Finally, the situation experienced by the victims generated great
insecurity and well-founded fear, which led to the exile of several members
of CAJAR, along with their respective families, who had among their members
their children, minors.
In its Merits Report, the Commission recommended that the State
1. To fully repair the human rights violations declared in this report,
both in the material and moral aspects suffered by the victims of the case.
This includes both compensation and satisfaction measures.
2. Undertake and complete judicial, administrative, and disciplinary
investigations in an impartial, effective, and expedited manner, in order to
establish the corresponding responsibilities for the violations committed in
this case.
3. Guarantee that in all processes of adoption, implementation,
monitoring and lifting of special protection measures, the effective
participation of victims is guaranteed. In particular, the Commission
recommends that the State ensure that the personnel who participate in
security schemes for victims are designated with the participation and
consultation of the beneficiaries in a way that generates confidence.
4. Ensure the victims' access to their data in the intelligence files
and, if they wish, request that they be corrected, updated or, where
appropriate, purged from the intelligence files.
5. Adopt legislative, institutional and judicial measures aimed at
reducing the exposure to risk of human rights defenders. In this sense, the
State must:
5.1. Strengthen institutional capacity to combat the pattern of impunity
in the face of cases of threats and deaths of human rights defenders, by
preparing investigation protocols that, takes into account the risks
inherent in the work of defense of human rights; and allowing the exhaustive
development of research under this hypothesis.
5.2. Develop adequate and expedited institutional response measures that
allow the effective protection of human rights defenders in situations of
risk. Specifically, adopt measures to ensure the effective implementation of
the special protection measures issued by the organs of the inter-American
system.
5.3. Refrain from carrying out intelligence tasks that imply arbitrary limitations on the rights to privacy and freedom of expression, in the terms established in this merits report. In particular, the State must ensure that any interference in said rights as a result of intelligence work complies with the standards of legality, imperative purpose, necessity and proportionality. The regulation in this matter should avoid the granting of excessively vague powers, include a precise definition of national security, establish the need for authorization and independent judicial supervision and, in general, should be informed by the principles of exceptionality and transparency. Finally, the people affected must have suitable and effective resources to obtain access to personal data that is included in intelligence files, as well as to request its correction, update or purification.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 312/20