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- Press Release
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- The Inter-American Court holds Colombia accountable for violating the right to defend human rights
The Inter-American Court holds Colombia accountable for violating the right to defend human rights
Bogota-Washington DC, March 18, 2024 – In a historic decision, the Inter-American Court of Human Rights has recognized the international responsibility of the Colombian State for systematically persecuting, harassing, stigmatizing, and surveilling members of the Colectivo de Abogados y Abogadas “José Alvear Restrepo” (CAJAR) and their families.
The Court found the Colombian State responsible for the violation of a wide range of fundamental rights, including the rights to life, personal integrity, privacy, freedom of thought and expression, freedom of information, self-determination, truth, honor, judicial guarantees, judicial protection, freedom of association, movement and residence, protection of the family, children’s rights, and the right to defend human rights.
The Court recognized the singular human rights violations suffered by women defenders, as well as the serious impact suffered by those who were forced to leave the country as a result of threats, attacks, and harassment due to their work representing victims.
According to the ruling, the State has conducted arbitrary and illegal intelligence activities against human rights defenders, who have also been victims of violence and stigmatization by State agents and third parties. ” It is more than forty-five years of consecutive persecution against our human rights organization. The Colombian state intended to prevent our lawyers from carrying out their work of representing victims and fighting against impunity because it was in their interest to put an end to Cajar. All of this was paid for with Colombian taxes, which is unacceptable”, said Yessika Hoyos Morales, president of Cajar.
The Court upheld the credibility of the severe threats to which both the victims and the organization were subjected, which included acts of violence, intimidation, and coercion by state agents and paramilitary groups. The ruling highlighted the State’s negligence in investigating and redressing these violations, thereby perpetuating a culture of impunity. This recognition is a validation of the victims’ complaints and the resilience of those who endured decades of threats and persecution.
Moreover, the verdict underscored the violation of the autonomy inherent in the right to defend human rights and informational self-determination. It outlined rigorous criteria and controls for state intelligence operations, called for judicial oversight, and upheld the rights of journalists and lawyers.
The Court ordered six far-reaching remedies, including public acknowledgment of responsibility, a nationwide public awareness campaign, the creation of a data collection system on violence against human rights defenders, and a reform of intelligence laws to bring them into line with international human rights standards.
Viviana Krsticevic, Executive Director of the Center for Justice and International Law (CEJIL), highlighted that “this ruling is a unique and unprecedented recognition of the work of people who defend human rights in Colombia, like the defenders of CAJAR, which provides important guidelines to ensure a safer and more vibrant space for the defense of rights without retaliation, without the risks that have been involved in recent decades, as illustrated by the decision. In addition, it develops numerous matters that will enhance the protection of the right to defend human rights, both within Colombia and throughout the world”.
This verdict against Colombia underlines the vulnerability of human rights defenders and the necessity to protect those fighting for justice and dignity in the country and throughout the Americas.
Background:
The case originated in 2002 with a joint petition by CEJIL and CAJAR before the Inter-American Commission on Human Rights (IACHR). In 2020, the case was referred to the Inter-American Court of Human Rights, culminating in a public hearing in May 2022. Notably, this is the first decision recognizing a human rights defender organization as a direct victim before the Inter-American Court.
Currently, Cajar is monitoring more than 480 cases at the national and international level, with the aim of clarifying serious human rights abuses and ensuring the punishment of those responsible. These cases include forced disappearances, extrajudicial executions, massacres, torture, forced displacement, sexual violence, and other heinous crimes. Through this hard work, at least 7,200 people, communities, and different places of Colombia have benefited by offering support and seeking justice for the victims of these horrific acts.
More information (Spanish)
