Once again, the Criminal Investigation Team (CTI) belonging to the Prosecutor General Office detained Andrés Sepúlveda Ardila in compliance with an order issued by a Judge of the Republic.
The request of the prosecuting authority is based on the fact that the 10th Criminal Judge from the Circuit of Bogotá, acting as a supervisory judge, had indicated that the material submitted by the prosecuting authority in order to request the first preventive detention order did not allow to infer an alleged criminal behavior of the so called hacker and pointed out that the declaration of nullity would affect the preventive detention order.
However, the prosecuting authority submitted a formal request again and another judge determined that there was a reason to order the detention of this individual.
The Deputy Assistant Attorney General, Jorge Fernando Perdomo said that on June 10 at 6:15 a.m, CTI investigators detained Sepúlveda once again. “While the 10th Criminal Judge from the Circuit of Bogotá considered the idea of releasing him and revoking the charges brought against him due to the lack of evidence, yesterday, a Supervisory judge ordered the detention of Sepúlveda Ardila as he considered that there is enough evidence that allows to infer that he can be the perpetrator of serious offenses.”
Perdomo also said “ the reason to order an inquiry against the 10th Criminal Judge from the Circuit of Bogotá, Theresa Barrera Madero, was the possible commission of breach of duty as we do not understand that a decision was made with this evidence. The petition was referred only to the preventive detention order and what she did was to decree an annulment of the proceeding.”
With regard to Sepúlveda, the Prosecutor Office pointed out that in addition to the offenses of espionage, abusive access to a computer system, use of a virus and violation of personal data, it was also added conspiracy.
Perdomo emphasized that the General Attorney Office has decisive evidence to say that this is a serious matter that not only affects national security and the Colombian State interests, but also the activity and work of some institutions and even the work of the Attorney General Office.
“These are events that violate the right to privacy of citizens. Intercepting communications is prohibited for people who are not authorized to do so. ”
Among the evidence which has become public, the General Attorney Office has in its possession videos where Sepulveda Ardila revels confidential information to other people. ” Those recordings were examined by CTI experts who confirmed its authenticity and the morphological identification of those who appear on them”
He also said that the Attorney General Office has in its possession videos that reveal negotiations (buy-purchase) regarding information of Intelligence from the Armed and Police Forces, databases and testimonies that show the monitoring, sabotage and interceptions during the peace talks which took place in Habana, Cuba. Thirty-three computers seized during the raids whose 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.
“Within the framework of the investigation, the Attorney General Office also found 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 and all this is confirmed with testimonies from people who confirms the negotiations with intelligence information, illegal email interceptions to citizens and other illegal activities” said Deputy Assistant Attorney General, Jorge Fernando Perdomo
On June 4th, The Ecuadorian citizen Daniel Agustín Bajaña Guzmán accused of having intercepted the email of former vice president Francisco Santos Calderón was arrested. He will be prosecuted for the alleged commission of illegal access to a computer system, computer data interception, espionage and conspiracy. The arrest was carried out since there was a risk that the Ecuadorian citizen would escape and would not appear before the judges at the preliminary hearings.