The Administrative Court of Cundinamarca would have determined that President Gustavo Petro and his family They were subject to prolonged monitoring and persecution, even after the dissolution of the DAS in 2011, extending these acts until 2020, for which they must be economically and materially repaired.
According to information, the defense of the Petro family argues that the persecution not only did not end with the dissolution of the DAS, but rather it was prolonged. Based on journalistic reports, an inspection by the Attorney General’s Office and a ruling from the Supreme Court of Justice to support their allegations.
Óscar Eduardo Ortiz, the president’s lawyer, emphasized in a ruling that since the 1970s there has been “permanent and continuous persecution.” Towards the political project of the now Colombian president, which would open the door to new legal actions against the Nation.
The central debate revolves around the responsibility of the State in these alleged violations of Gustavo Petro’s rights. If these actions lead to financial compensation for the damages caused.
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In that sense, the arguments of the lawsuit are based on a response from the Supreme Court of Justice of Colombia in June 2020 regarding the linking of Gustavo Petro’s name in documents obtained through search operations in a Facatativá military unit. These documents detail that Petro was being subjected to “analysis or profiling,” raising concerns about potential privacy and rights violations. This revelation adds to previously raised questions about whether the Senate telephone lines assigned to Petro, his private residence and his personal cell phones had been intercepted.
Also, they allege the lack of a statement by the Attorney General’s Office, since traditionally, the Attorney General’s Office has played an essential role in defending citizens against excesses of power.
However, In this case, according to the defense, his silence about the alleged improper acts marks a notable absence. “It draws our attention that the Attorney General’s Office has not commented on this process.”
The lawsuit includes Verónica Alcocer, Gustavo Petro’s wife, as well as her children. Except for Nicolás Petro and Nicolás Alcocer Petro and “the mother, grandmother and great-grandmother Clara Urrego remains in asylum in Canada, as does her daughter Adriana Petro with her children. Typical and sad case of damage to life in a relationship.”
The claims are partially based on harsh criticism from former US President Donald Trump, who compared Petro to polarizing figures. Like Fidel Castro and Nicolás Maduro, which has been interpreted as a direct attack on their reputation.
Petro’s defense argues that this situation has generated considerable “moral damage” due to the “fear and isolation” in which the family supposedly lives. In addition, Juan Fernando Petro, the president’s brother, is added to the lawsuit, who is in a particularly delicate position. Due to his participation in the aforementioned scandal of the so-called ‘La Picota pact’ and of whom there is no evidence about how his good name has been affected.
The State’s response, represented by Fiduprevisora, suggests that Gustavo Petro and his family were aware of the circumstances since October 2008. At which time they received anonymous communications from the now defunct DAS. This, according to the entity, could annul the claim due to expiration. Fiduprevisora also emphasized the need to distinguish between the terms used in the lawsuit, especially with regard to moral damages. The affectation of the good name, indicating that “it must be reviewed whose good name is affected and under what conditions.”
The note that the damage to a fundamental right, such as a good name, is notable. It must be considered autonomously and not necessarily linked to another type of damage. This distinction is crucial to understanding the magnitude and scope of the accusations made by the Petro family, as well as their legal basis.
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