International Bar Association raises concerns over threats to judicial independence in Colombia

The International Bar Association’s Human Rights Institute (IBAHRI) has expressed deep concern over recent incidents in Colombia that threaten the independence of the judiciary and the separation of powers.

IBAHRI noted that these incidents, which include derogatory comments by President Gustavo Petro, alleged state surveillance of judges, and a proposed constitutional reform, pose significant risks to the country’s democratic foundation.

Petro has frequently accused the judicial branch of orchestrating a coup against him and engaging in lawfare. According to IBAHRI, his statements, often made in response to judicial decisions impacting his reforms, undermine public confidence in the judiciary and pressure judges.

IBAHRI also noted concerns about potential state surveillance of the judiciary. In June 2024, the vice-president of the Constitutional Court, Judge Jorge Enrique Ibáñez Najar, reported suspected illegal interceptions of his communications and those of his associates. These allegations, which include wiretapping and monitoring, have prompted investigations by the Attorney General’s Office. President Petro has denied any misuse of state intelligence for such purposes.

President Petro’s proposed constitutional reform has also drawn scrutiny. Facing opposition in Congress, Petro suggested convening a National Constituent Assembly to bypass legislative hurdles. This move has raised alarms about potential alterations to the checks and balances crucial for democratic governance. Critics argued that constitutional amendments should follow established legal procedures to ensure legitimacy.

IBAHRI asserted these developments represent a significant threat to judicial independence and the rule of law in Colombia. IBAHRI emphasized that derogatory rhetoric from the executive branch can intimidate judges and erode public trust in the judicial system. Allegations of surveillance, if proven, would constitute severe violations of judicial independence and privacy rights.

IBAHRI called on President Petro to respect the judiciary's independence and refrain from disparaging judges. It also urged the abandonment of the proposed constitutional reform plan and advocated for serious investigations into the surveillance claims. Additionally, IBAHRI appealed to the international community to monitor the situation and support efforts to preserve judicial independence in Colombia.