CCPR/C/123/D/2537/2015
1.1
The author of the communication is Mr. Andrés Felipe Arias Leiva, a Colombian
citizen born in 1973. He claims that the State party has violated his rights under articles 7; 9
(1)–(4); 10 (1); 11; 14 (1), (2), (3) (a), (b) and (c), (5), (6) and (7); 15; 16; 17; 18; 19; 25;
and 26 of the Covenant. The author is represented by counsel. The Optional Protocol
entered into force for the State party on 23 March 1976.
1.2
On 21 January 2015, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided not to issue a request for interim measures
to protect the author under rule 92 of the Committee’s rules of procedure.
1.3
On 23 March 2015, the State party submitted its observations on admissibility and
asked the Committee to consider the admissibility of the communication separately from its
merits. On 24 June 2015, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided to refuse the State party’s request that the
admissibility of the communication be considered separately from its merits.
1.4
On 20 April 2016, the Committee, acting through its Special Rapporteur on new
communications and interim measures, pursuant to rule 92 of its rules of procedure, decided
to ask the State party to consider taking protective measures to prevent any act of
harassment or threats against the life or physical integrity of the author’s lawyer, by reason
of his involvement with the communication, while the communication is being considered
by the Committee.
The facts as submitted by the author
2.1
From 2005 to 2009, the author served as Minister of Agriculture and was
responsible for an agricultural subsidies programme called Agro Ingreso Seguro (AIS). For
the administration and oversight of the programme, the author entered directly into several
technical and scientific cooperation agreements with the Inter-American Institute for
Cooperation on Agriculture. At some unspecified point in time, certain irregularities in the
administration of the AIS programme came to light.
2.2
The author claims that, on 9 March 2010, the Technical Investigation Corps of the
Attorney General’s Office concluded that the author had committed no criminal acts. On 19
August 2010, the General Comptroller’s Office reached the same conclusion in relation to
the same facts.
2.3
On 12 April 2010, the General Comptroller’s Office opened a preliminary
investigation into irregularities in the administration of the AIS programme involving
alleged misappropriation of State funds and subsidies. The irregularities apparently had tax
implications. However, on 10 August 2010, the General Comptroller’s Office decided to
discontinue this preliminary investigation.
2.4
According to the author, on 13 October 2010, Ms. V.M., who at the time was
working as a journalist at a radio station, made negative comments about the author’s case
and his possible criminal liability in respect of the alleged mismanagement of the AIS
programme. Ms. V.M. was subsequently appointed Attorney General of the Nation. Before
being officially informed of the duties she was to assume, the Attorney General had taken
an active role in the criminal proceedings against the author. However, she did not recuse
herself for having already expressed an opinion about his case.
2.5
In July 2011, the Counsel General’s Office imposed administrative disciplinary
sanctions upon the author in relation to the irregularities that had occurred while he was in
charge of the AIS programme.
2.6 On 21 July 2011, as part of an investigation prompted by a complaint lodged in 2009,
the Attorney General’s Office instituted proceedings against the author, as a former
Minister, before Bogotá High Court. On 16 September 2011, the Attorney General filed a
written indictment against the author before the Supreme Court on charges of entering into
an agreement without complying with the legal requirements and embezzlement by
appropriation, in accordance with articles 410 and 297 of the Criminal Code (Act No. 599
of 2000). On 12 October 2011, the Attorney General formally indicted the author on these
offences and requested that he be placed in pretrial detention. The author claims that the
public hearing was conducted in a theatre; that the audience applauded the announcement
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GE.18-22078