Colombia: Ex-Detective Found Guilty of Torturing Reporter Claudia Julieta Duque

Landmark verdict sets precedent for journalist protection and combating impunity

Location: Colombia, Bogotá
Date: November 20, 2023

The Coalition For Women In Journalism and Women Press Freedom applauds the recent decision by a Bogotá Superior District Court to convict a former Colombian state security agent of aggravated psychological torture against journalist Claudia Julieta Duque between 2001 and 2004. The conviction of Rivera, a co-author of the systematic and state-sanctioned campaign against Duque, is a significant step in addressing impunity in crimes against journalists. It underscores the importance of holding those in positions of power accountable for their actions. The court's recognition of the differentiated sexual risk faced by Duque, as well as the classification of the torture as a crime against humanity, are crucial acknowledgments in the fight against gender-based violence and in protecting the voices of women and LGBTQI journalists.

The Bogotá Superior District Court found Ronal Harbey Rivera Rodríguez, a former detective of the now-defunct state intelligence agency Department of Administrative Security (DAS), guilty of psychologically torturing and harassing journalist Claudia Julieta Duque 15 years ago. Rivera was also convicted of making intimidating phone calls and spying on the journalist between 2001 and 2004 in retaliation for her reporting on the 1999 murder of journalist Jaime Garzón. The court sentenced Rivera to 12 years in prison. 

Starting in 2001, Duque became the victim of unrelenting persecution, which included kidnapping and constant invasion of her privacy. This persecution went beyond targeting Duque alone, as it also extended to her loved ones, including her young daughter. The illegal surveillance encompassed monitoring her phone calls, emails, and even bank accounts, targeting her and her family with a harrowing ordeal of espionage and torture.

In 2010, Duque initiated a legal battle to uncover the identities of those who had terrorized her during those years of persecution. Since then, the fight for justice has been waged in the courts. 

In March 2017 and January 2018, Duque, who was granted security by the Government, experienced attacks on the armored car provided to her, resulting in partial damage. In September 2018, she received a threatening phone message with multiple gunshots from an automatic weapon. This incident occurred when the Supreme Court of Justice ordered an investigation into former President Alvaro Uribe, who is now a Congressman, for DAS espionage, based on Duque's testimony. In response, Uribe launched renewed attacks against the reporter, labeling her as a sympathizer of terrorism. Over the past few years, she has been targeted with numerous death threats and insults on social media, with trolls using gender stereotypes to discredit her work and undermine the credibility of her testimony against Uribe.

In June 2023, a lower court issued a ruling to acquit Rivera. Duque denounced the decision and decided to appeal the ruling. On November 20, Duque achieved what she considers a significant victory after years of impunity. The Superior District Court not only overturned the acquittal but also declared that Rivera's actions against Duque constituted a crime against humanity carried out with the knowledge of the state. The court ordered Colombia's president to issue a public apology to Duque. Regrettably, Rivera, who was an Immigration official, has managed to evade capture and is currently a fugitive.

The verdict highlights several key aspects: 

• First, the court acknowledged the ample evidence of illegal persecution by the DAS, emphasizing that justice was unnecessarily delayed in her case.

• Second, Rivera was found guilty as a co-author, holding him responsible for his involvement in the systematic surveillance campaign against Duque. This finding challenges impunity by ensuring accountability for influential actors.

• Third, the judgment recognized the differentiated sexual risk faced by Duque and her daughter as retaliation for her journalistic work. This acknowledgment is crucial in addressing gender-based violence and protecting the voices of dissenting women.

• Fourth, the court classified the torture perpetrated against Duque as a crime against humanity due to its state-sponsored nature, systematic implementation, and long-term strategy of surveillance and intimidation.

This conviction, while a significant victory, also highlights the broader issue of impunity in attacks against journalists. The disturbing data from UNESCO that 86% of journalist killings worldwide go unpunished is a call to action. The lack of accountability creates a cycle of violence and fear, leading to self-censorship among journalists and a threat to public access to information. It is imperative that we continue to fight for justice in all cases of violence against journalists to protect the freedom of the press and the foundations of democratic societies.

Impunity

Over the last five years, #CFWIJ has documented the killing of 45 women journalists. Out of these cases, only 6 have led to convictions. In 2 instances, suspects have been detained, but their guilt remains unconfirmed. Additionally, there is a case where the accused have been arrested but are yet to face trial, even after a five-year delay. 

UNESCO data reveals 86% of killings of journalists worldwide remain unpunished. This alarming statistic not only underscores a grave injustice but also highlights a growing threat to the freedom of the press and, by extension, to the very foundations of democratic societies.

The absence of accountability for these attacks creates a vicious cycle of violence and fear. It emboldens the perpetrators, who are often powerful entities resistant to scrutiny and instills a chilling effect across entire communities. Journalists, aware of the risks and the lack of justice, may resort to self-censorship, diluting the potency of their reporting. This phenomenon is not just a threat to individual journalists but a systemic issue that undermines the public's right to information.

The Coalition For Women In Journalism (CFWIJ) and Women Press Freedom welcome the historic decision by the Bogotá Superior District Court to convict former Colombian state security agent Ronal Harbey Rivera Rodríguez for the aggravated psychological torture of journalist Claudia Julieta Duque. This verdict marks a pivotal moment in the fight against impunity for crimes against journalists in Colombia and sets an important precedent for journalist protection globally. We urge courts worldwide to take inspiration from this landmark decision and commit to the protection of journalists and the pursuit of justice for crimes committed against them. The fight against impunity is far from over, but this verdict is a step in the right direction, sending a powerful message that crimes against journalists will not be tolerated.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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