Inter-American Court of Human Rights calls on Colombia to prosecute, for the first time, illegal surveillance and intelligence on human rights defenders

Inter-American Court of Human Rights calls on Colombia to prosecute, for the first time, illegal surveillance and intelligence on human rights defenders

Bogotá, Washington, April 8, 2021. 

The human rights organization Colectivo José Alvear Restrepo – CAJAR – has denounced being a victim of persecution practices for more than 30 years. For this reason, on May 12 and 13, the Inter-American Court of Human Rights, the highest court of the Inter-American system for the protection of human rights, will hold a hearing in San José, Costa Rica, to evaluate the violations to which this organization has been subjected.   

Illegal intelligence activities from different State agencies and stigmatizing discourse are some of the aggressions for which the Colombian State will be judged for its actions. The impunity in which the aggressions remain directly compromises its responsibility in the cases of threats, attacks, exiles, smear campaigns, psychological torture and harassment committed against CAJAR members. 1 

It will be the first time that a human rights organization, whose work has been precisely the accompaniment and representation of victims before the Inter-American System, arrives at this instance as a victim, due to the work it carries out in this and other scenarios of seeking justice for serious human rights violations.    

The case is presented by CEJIL, Center for Justice and International Law, and CAJAR, José Alvear Restrepo Lawyers Collective, for whom this litigation represents an opportunity to help transform the current scenario of serious violations against defenders throughout the continent, a situation that reduces the capacity to defend rights and limits justice and democracy. “We hope that the hearing will make it possible to establish the impact of the threats to the lives of human rights defenders and, consequently, the need to strengthen public policies that respond effectively and offer those who defend rights the possibility of carrying out their work without fear,” said Viviana Krsticevic, executive director of CEJIL.  

In relation to the above, the Inter-American Commission IACHR, in its Merits Report on the case, stated that:  

“...the specific context of CAJAR is framed within the general context of human rights defenders in Colombia, as established in the previous section. In addition, many of the alleged facts were denounced before the courts. As will be indicated later, such complaints have not been investigated with due diligence. “2   

The IACHR added:  

“… el Estado incumplió su deber de respeto al hacerse parte mediante acciones concretas de sus autoridades del riesgo enfrentado por el CAJAR, así como al mostrarse tolerante y aquiescente respecto de los hechos en su contra.”3    

The victims expect comprehensive reparation measures such as recognition of responsibility and public forgiveness by the State, so that the contribution of this organization to the construction of the social state of rights is exalted, as well as that of thousands of defenders in Colombia. Also that the hundreds of threats against members of CAJAR and against the organization as a whole be investigated and that structural reforms be undertaken to the doctrines and practices of state intelligence that led successive governments to turn human rights defenders into internal enemies, so that acts such as these cease and are not repeated. 

Quotes:

  1. American Convention on Human Rights Articles 5.1, 8.1, 11.2, 13, 13.1, 16, 16.1, 19, 22 and 25.1 in relation to Article 1.1
  2. IACHR. Report No 57/19. Case 12.380. Merits. Members of the Corporación Colectivo de Abogados José Alvear Restrepo. Colombia. MAY 4, 2019.
  3. Ibid.
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