Today, the Attorney General Eduardo Montealegre Lynett, ordered to judicially investigate the 10th Criminal Judge from the Circuit of Bogotá, Teresita Barrera Madero, after she revoked the charges against to Mr. Andrés Sepúlveda Ardila.
It was requested to investigate the alleged liability of said Judge for the offense of breach of duty (Colombian Criminal Code art. 413) and any other that would be demonstrated due to the following reasons:
1) The Judge Barrera inexplicably considered that the Sepulveda´s plea of guilty and the confidential documents found in his possession could not be considered as grounds for bringing charges, which in a clear contradiction to the provisions of the Colombian Criminal Procedure Code (art. 282).
2) The Attorney General’s Office has a considerable amount of evidentiary material and evidence legally obtained that allow to infer that Mr. Sepulveda is the alleged responsible for the crimes brought against him (espionage, abusive access to a computer system, using a virus and violation of personal data), among other punishable acts that have emerged during the process. Some of these evidences are:
2.1. Videos of Andrés Sepúlveda in which it is evident the he revealed confidential intelligence information to others. Those recordings were examined by experts from the Technical Investigation Team (CTI) who confirmed its authenticity and the morphological identification of those who appear on them.
2.2. Videos that reveal negotiations (buy-sell) regarding information of Intelligence from the Armed and Police Forces.
2.3. Databases and testimonies that show the monitoring, sabotage and interceptions during the peace talks which took place in Habana, Cuba.
2.4. Thirty-three computers seized during the raids. Their memories contained databases with confidential information belonging to the Intelligence Directorate of the National Police (DIPOL), anotner Intelligence Agencies from the Army, as well as the Attorney General Office.
2.5. Confidential databases from the Comité Operativo de Dejación de las Armas *(CODA) in which appears personal information and information about the relatives of the demobilized guerrilla members.
2.6. Testimonies from people who confirms the negotiations with intelligence information, illegal email interceptions to citizens and other illegal activities.
2.7. An Israeli electronic device that intercepts communications unlawfully.
3) For this reason and considering that all this evidence threaten the national security, the Attorney General Office will request a criminal investigation against the 10th Criminal Judge from the Circuit of Bogotá for the offense of breach of duty.
*CODA It refers to a committee which certifies that a demobilized person belongs to an armed organization and that he/she has the willingness to leave it.