Colombia's Supreme Court of Justice Must Finalize Without Interference the Appointment of the Country's Attorney General

February 13, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) is closely monitoring the recruitment process to appoint Colombia's new Attorney General. The IACHR stresses that the failure to appoint a suitable person for that position could weaken the Colombian justice system.

According to the official schedule of the country's Supreme Court of Justice, the process to appoint a new Attorney General should have been completed by December 7, 2023, after the Colombian Presidency submitted to the Court's consideration on August 2 a shortlist of candidates whose professional suitability for the position was beyond doubt. However, first for lack of quorum and later for lack of political agreement among the justices of the Supreme Court of Justice, the Public Prosecutor's Office is led by an Acting Attorney General since February 12, 2024 (when the previous holder's mandate expired).

In this context, on February 8, there were 71 social protests around the country that were described as peaceful, with the exception of a few instances of violence in Bogotá and Medellín, according to reports issued by the State. Concerning demonstrations near the seat of the Supreme Court of Justice, the State reported that no magistrates and no other employees suffered physical violence and that the National Police ensured safety and enabled all staff members to leave the facilities without further disruptions. The IACHR's Special Rapporteurship for Freedom of Expression received reports about attacks against journalists.

The IACHR received various official reports about the protest, ranging from some that considered it a largely peaceful civic expression to others that described it as a form of siege and a threat against judicial independence.

The Commission notes that the Public Prosecutor's Office has a monopoly on prosecution under criminal law and that it therefore plays a crucial role to fight impunity, ensure access to justice, and preserve democracy and the rule of law in Colombia. The failure to fill the position of Attorney General and the appointment of interim holders of that position instead may affect the independence and autonomy of the Public Prosecutor's Office.

According to international and inter-American human rights standards, the recruitment process must be transparent, enable access to information, and reflect criteria based on fairness, non-discrimination, candidate training, and merit. This process must also be free from interference, harassment, or any other form of undue pressure.

The IACHR encourages the Supreme Court of Justice to comply with its constitutional obligation and finalize as soon as possible the appointment of the Attorney General. The IACHR also calls on the executive to ensure appropriate conditions for this process to be completed without interference. Finally, the Commission calls on all branches of government to prioritize Colombian democratic institutions in the exercise of their mandates.

The Commission notes the commitment made by the State to provide—through the executive branch of government—all necessary safeguards and conditions for the Supreme Court of Justice to be able to appoint a new Attorney General, in the exercise of its own mandate and based on impartiality and institutionality principles.

The Inter-American Commission on Human Rights will continue to monitor the situation with the support of its Special Rapporteurship for Freedom of Expression.

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. 031/24

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