Colombia: IBAHRI monitors potential threats to the independence of the judiciary

These incidents involve derogatory comments by President Gustavo Petro against the judiciary, allegations of state intelligence surveillance, and proposed constitutional reforms.

Derogatory Statements Against the Judicial Branch and Individual Judges

President Petro has consistently made disparaging remarks against the judiciary, often in response to judicial decisions that impact his proposed reforms or his presidential mandate. These remarks include claims of an institutional coup and lawfare against his government, which could undermine public confidence in the judiciary. Specific incidents include:

• November 16, 2023: The Constitutional Court struck down a part of Petro’s tax reform legislation. Petro reacted strongly, suggesting budget cuts for the judiciary.
• February 8, 2024: Following delays in appointing a new Attorney General, Petro called for public protests, leading to a siege of the Supreme Court by demonstrators. Despite the government’s denial of involvement, the incident raised concerns about undue pressure on the judiciary.
• May 8, 2024: The National Electoral Council opened an investigation into Petro’s campaign financing. Petro responded by calling for protests, reminiscent of the earlier siege of the Supreme Court.
• May 10, 2024: Petro criticised the Council of State after it nullified a decree allowing him to regulate public utilities, portraying the decision as an attack on his government.

These statements and incidents could intimidate judges, interfere with their duties, and erode public trust in judicial independence.

Allegations of State Intelligence Surveillance of the Judiciary

There have been allegations of illegal interceptions of communications involving members of the judiciary. Specifically:

• June 21, 2024: Judge Jorge Enrique Ibáñez Najar of the Constitutional Court raised concerns about illegal surveillance of his communications and those of his associates.
• June 24, 2024: A complaint was filed with the Attorney General regarding these allegations, prompting an investigation.

While President Petro has denied these claims, the allegations are serious and require thorough investigation, given Colombia's history of illegal surveillance.

Proposed Reform to the Colombian Constitution

In March 2024, President Petro proposed a constitutional reform after his reform agenda faced opposition in Congress. This proposal includes:

• Convening a National Constituent Assembly: This would potentially bypass Congress, which is seen as procedurally and substantively questionable.
• Reforming the Constitution: Any constitutional reform must be scrutinised for its impact on the separation of powers and the checks and balances essential for democracy.

The current constitution, drafted in 1991, decentralised power and created independent institutions to prevent executive overreach. Any reform efforts must adhere to constitutional procedures and ensure they do not undermine these democratic principles.

Conclusion

The IBAHRI emphasises the need to respect judicial independence and calls on:

• President Petro to refrain from disparaging judges and abandon the proposed constitutional reform plan.
• All public powers in Colombia to respect judicial decisions and ensure the judiciary's independence and security.
• The Attorney General to conduct thorough investigations into the allegations of surveillance.
• The international community to monitor the situation and support efforts to preserve judicial independence.

These measures are crucial for maintaining the rule of law and democratic governance in Colombia.