The case of Mr. Germán Graciano Posso, member and legal guardian of the Peace Community of San José de Apartadó, was included in the 2018 report of the Secretary- General (A/HRC/39/41, para. 33 and Annex I, para. 18) regarding death threats and an assassination attempt against him by a paramilitary group following his participation in the United Nations Forum on Business and Human Rights in Geneva in 2017. On 1 February 2018, five special procedures mandate holders addressed these allegations (COL 1/2018). 34. On 5 December 2018, Mr. Graciano Posso won the prestigious national award on human rights for 2018, as “Defender of the Year,” along with other renowned defenders. On 14 December 2018, the 17th Brigade of the Colombian Army launched a legal action (“desacato de tutela”) against the Peace Community of San José de Apartadó for publicly denouncing alleged criminal behaviour by the armed forces, including collusion with illegal armed actors and criminal groups. This action can have direct implications for Mr. Graciano Posso as he is the legal guardian of the Peace Community. 35. The Special Rapporteur on the situation of human rights defenders expressed deep concern about the legal action in his statement at the end of his visit to Colombia in December 2018. 128 On 28 January 2019, the Constitutional Court requested a review of the legal action and, in parallel, the local court requested the temporary suspension of the ruling. Until the Constitutional Court rules on the matter, no legal action can be taken against the Peace Community or its legal representative.

The case of Mr. Germán Graciano Posso, member and legal representative of the Peace Community of San José de Apartadó, was included in the 2019 and 2018 reports of the Secretary-General (A/HRC/42/30, Annex II, paras. 33–35; A/HRC/39/41, para. 33 and Annex I, para. 18) regarding criminalisation, death threats and an assassination attempt following his participation in the 2017 Forum on Business and Human Rights (COL 1/2018) 30 . On 28 January 2019, the Constitutional Court requested a review of the legal action and, in parallel, the local court requested the temporary suspension of the ruling. Until the Constitutional Court rules on the matter, no legal action can be taken against the Peace Community or its legal representative and, as of 30 April 2020, Mr. Graciano Posso’s arrest order remained suspended. 37. On 13 July 2020, the Government responded to the note verbale sent in connection to the present report. 38. Regarding the case of Mr. Graciano Posso, the Government explained their rationale for the action initiated by the 17th Brigade of the Colombian Army for its military personnel and the specifics of the legal proceedings. It stated that the allegations by the Peace Community of San José de Apartadó are without proof and, under no circumstance does the Brigade intend to violate their right to freedom of expression. The Government stated that it intends to protect the name and honour of the members of the National Army affected by accusations lacking probative value.

30. The case of Mr. Germán Graciano Posso, a member and legal representative of the Peace Community of San José de Apartadó, was included in the 2020, 2019 and 2018 reports of the Secretary-General 137 on allegations of criminalization, death threats and an assassination attempt following his participation in the November 2017 Forum on Business and Human Rights (COL 1/2018). He had been accused by the 17th Brigade of the Colombian Army in a legal action (“desacato de tutela”) against the Peace Community of San José de Apartadó, of which he is the legal guardian, for publicly denouncing alleged criminal behaviour by the armed forces, including at the UN.

31. On 21 August 2020, the Constitutional Court ruled in favour of the 17th Brigade of the Colombian Army, and against the Peace Community of San José de Apartadó, on the basis that the Community had harmed the honour and good name of the military detachment located in Antioquia. The Court based its decision on public statements made by the Community between February and August 2018, following Mr. Graciano Posso’s cooperation with the UN, his subsequent assassination attempt, and a reported increase in violence in the region. The Court deemed that the statements contained information that had a negative impact on the reputation and the public perception of this military unit. However, the Court denied the Brigade’s request that the Community retract its statements, acknowledging that the Community’s suspicion of links between the Colombian Army and illegal groups was not unfounded.

32. On 24 August 2021, the Government responded to the note verbale sent in connection to the present report. Regarding the case of Mr. Antéliz Gonzalez, the Government provided information about protection measures requested by the National Police as well as about a criminal investigation initiated in connection to recent reported incidents. Regarding the case of Mr. Germán Graciano Posso, the Government informed about an open investigation into ongoing threats against him since events dated 29 December 2017.