The case of Mr. Wilmer Orlando Anteliz Gonzalez, a protected witness in a criminal investigation by the National Prosecutor’s Office, was included in the 2019 report of the Secretary-General (A/HRC/42/30, Annex I, para. 25) on allegations of disciplinary investigations, demotions, unsolicited transfers, death threats and lack of adequate protection measures for cooperating with OHCHR in Colombia. During the reporting period, Mr. Anteliz has allegedly continued to be subject to reprisals, including intimidation against his subordinates to produce false testimonies against him, as part of a smear campaign purportedly directed by high ranking officials of the National Police. Some of the acts of surveillance, threats and harassment of subordinates and their families were denounced formally to the Attorney General’s Office in October 2019. Names and details of those affected cannot be provided for fear of reprisals.

On 13 July 2020, the Government responded to the note verbale sent in connection to the present report. Regarding the case of Lieutenant Anteliz, it informed that the National Police does not have record of the case where he is a witness in a criminal investigation by the National Prosecutor’s Office, and provided a list of ongoing disciplinary investigations. The Government also provided detailed information on the protection measures afforded to Lieutenant Anteliz, according to the assessment of risk associated with his active service.

27. The case of Mr. Wilmer Orlando Anteliz Gonzalez, a protected witness and whistleblower in a criminal investigation by the National Prosecutor’s Office on alleged links between a criminal armed group and members of the National Police Department in Tolima, was included in the 2020 and 2019 reports of the Secretary-General.136 Mr. Anteliz had been subject to disciplinary investigations, demotions, unsolicited transfers, death threats and lack of adequate protection measures following his cooperation with OHCHR in Colombia on the investigation. There has reportedly been no progress on the case pertaining to the internal investigation of his supervisors or in the review of the denial of his promotion, despite evident legal grounds for such a review.

28. According to information received by OHCHR, during the reporting period Mr. Anteliz continues to be subject to reprisals for his cooperation with the UN, including ongoing physical surveillance. On 19 November 2020, a security guard of Mr. Anteliz’s protection team was transferred after he refused to send live updates of Mr. Anteliz’s whereabouts to his superiors. Mr. Anteliz was reportedly informed about changes to protection measures, but he was not given enough notice to challenge the decision on time. On 19 April 2021, his appeal to address inadequate protection measures was denied.

29. On 25 August 2020 two unidentified armed individuals killed the official replacing Mr. Anteliz as Commander of Police of Bachilleres of Cúcuta, an attack suspected to have been directed at Mr. Anteliz. On 15 February 2021, there was an unlawful entry and robbery in the legal residence of Mr. Anteliz resulting in the theft of a laptop, a mobile phone and USB keys. In February 2021, Mr. Anteliz was transferred, reportedly without justification, to a rural area in the department of Norte de Santander, a non-family duty station.

43. The case of Mr. Wilmer Orlando Anteliz Gonzalez was included in the 2019, 2020 and 2021 reports of the Secretary-General60 on allegations of disciplinary investigations, demotions, unsolicited transfers, death threats and lack of adequate protection measures following his cooperation with OHCHR in Colombia. Mr. Anteliz is a member of the police force and a protected witness and whistle-blower in a criminal investigation by the National Prosecutor’s Office on alleged links between a criminal armed group and members of the National Police Department in Tolima.
44. According to information received by OHCHR, during the period Mr. Anteliz did not receive a response to different requests he made related to his assignment, security in his location and position, which reportedly exposed him to greater security risks. Mr. Anteliz was reportedly the target of stigmatization within the police unit where he served for his perceived association with human rights organizations as well as with OHCHR. On 22 January 2023, Mr. Anteliz was informed of his dismissal under an allegedly irregular procedure. He was reportedly notified at the police station that he commanded, in front of his subordinates, and was compelled to leave the station immediately, exposing him to an additional security risk. On 2 March 2023, Mr. Anteliz filed a motion against his dismissal at the First Labour Court of the Circuit of Cúcuta. On 16 March 2023, the court ordered his reinstatement on the job. However, on 16 March 2023 the Ministry of Défense and the police appealed before the Superior Court of the Judicial District of Cúcuta, which on 3 May 2023 revoked the first instance court’s decision.
45. On 18 July 2023, the Government responded to the note verbale sent in connection to the present report. The Government stated that in 2017, Mr. Wilmer Orland Anteliz Gonzalez, did not provide consent to become a beneficiary of the State Protection Program he was offered and confirmed two investigations in the Sectional Prosecutor’s Office in North of Santander for the crime of threats against Mr. Anteliz. The National Police also confirmed that on 19 January Mr. Anteliz was dismissed by the National Government through an administrative procedure instructed by the Ministry of Defence in accordance with article 1 of Law 857 of 2003, and that the dismissal was revoked by the Superior Court of the Judicial District of Cúcuta, in response to the motion filed by Mr. Anteliz against his dismissal. The Government noted further that the Constitutional Court has assessed the consistency between the discretionary power of withdrawal and the Colombian Constitution, reaching the conclusion that it does not violate the right to due process. Additionally, the National Police noted that Mr. Anteliz has not presented his case before the Contentious Administrative Jurisdiction or before the courts of first and second instance, which is in the view of the National Police the appropriate instance to seek a declaration of nullity of the resolution that removed him from active service in the National Police.

71. The case of Mr. Wilmer Orlando Anteliz Gonzalez was included in the 2019, 2020, 2021 and 2023 reports of the Secretary-General 79 on allegations of disciplinary investigations, demotions, unsolicited transfers, death threats and lack of adequate protection measures following his cooperation with OHCHR in Colombia. Mr. Anteliz is a member of the police force and a protected witness and whistle-blower in a criminal investigation by the National Prosecutor’s Office on alleged links between a criminal armed group and members of the National Police Department in Tolima. In 2023, Mr. Anteliz was dismissed by the National Police. On 2 March 2023, Mr. Anteliz had filed a motion against his dismissal at the First Labour Court of the Circuit of Cúcuta, which ordered his reinstatement on the job. However, the Ministry of Defense and the police appealed before the Superior Court of the Judicial District of Cúcuta, which on 3 May 2023 revoked the first instance court’s decision.
72. According to information received by OHCHR, on 1 February 2024, the Administrative Tribunal of Cucuta admitted the complaint of Mr. Anteliz seeking the nullification of the dismissal decision by the Police. He also requested as provisional measures to be reinstated in his job during the administrative process. At thew time of writing, the Administrative Tribunal has not issued a decision.
73. On 17 July 2024, the Government responded to the note verbale sent in connection to the present report, and informed that, with regard to the investigations in which Mr. Anteliz appears as a victim, the Attorney General’s Office, confirmed that there were three active investigations for the crime of threats under article 188, which were in the investigation stages, to collect relevant evidence and legally obtained information that would allow clarifying the facts, identify those responsible and adopt the corresponding legal decisions.