[image: Logo Venezuela Analysis] Colombian Supreme Court Dismisses Reyes
'FARC Files' as Evidence

May 20th 2011, by Adriaan Alsema - Colombia Reports
[image: Documents found on the computers of slain commander "Raul
Reyes" were found "inadmissible" by Colombia']

Documents found on the computers of slain commander "Raul Reyes" were found
"inadmissible" by Colombia's Supreme Court on 19 May 2011 (Photo: Colombian
National Police).

*Documents found on computers of slain
**FARC*<http://www.insightcrime.org/criminal-groups/colombia/farc>
* commander "Raul Reyes" are inadmissible as evidence in court as the
material is illegally obtained and provides no evidence, Colombia's Supreme
Court ruled Wednesday.*

The court said so in the case against former socialist congressman Wilson
Borja, who had been charged of collaborating with the FARC based on material
found on the computers retreived from the Ecuadorean camp of Reyes after it
was bombed by the Colombian air force and raided by the Colombian army.

According to the court, the military officials who obtained the evidence
were not authorized to gather evidence to be used in Colombian courts,
because this falls under the responsibilities of the judicial police.

Except for the Prosecutor General's Office "no other power in the country
has the authority to bring evidence from abroad, even less when ignoring
foreign authorities," said the court.

The validity of the content of what was found on the computers can also not
be verified as the alleged emails were copied into Word documents without
indication of sender or receiver, the country's highest court said.

The court also slammed the former administration and former President Alvaro
Uribe for accusing Borja of criminal activities without having valid
evidence.

Interpol subjected the computer files to forensic analysis testing back in
2008 and concluded
that<http://www.interpol.int/Public/ICPO/PressReleases/PR2008/pdfPR200817/ipPublicReportNoCoverEN.pdf>
"Interpol
found no evidence that user files were created, modified or deleted on any
of the eight seized FARC computer exhibits following their seizure on March
1, 2008."

Yet although vouching for the technical authenticity of the files, as
opposed to the content on the FARC computers, Interpol did also acknowledge
that Colombian authorities did not "conform to internationally recognized
principles for handling electronic evidence," which "may complicate
validating this evidence for purposes of its introduction in a judicial
proceeding."

The ruling has great consequences for the prosecution of several trials
against politicians and civilians who were accused by Uribe of having ties
to the guerrilla group. In none of the cases will prosecutors be able to use
material from the computers.

Borja immediately announced plans to sue the State for damages caused when
he was openly accused of being an ally of the FARC and was not able to
present himself in the 2010 elections. The representative also announced to
sue each person, primarily Uribe and former Prosecutor General Mario
Iguaran, for slander.

Dismissed Senator Piedad Cordoba accused Inspector General Alejandro OrdoƱez
of illegally removing her from the Senate as his argumentation to do so
partly was based on material from the Reyes computers.

The court's decision virtually ends all cases against public figures who
were accused by the former government of collaborating with the FARC. The
only politician whose case is still open is that of Cordoba.
 ------------------------------
*Source URL (retrieved on 20/05/2011 - 3:00pm):*
http://venezuelanalysis.com/news/6203


[Non-text portions of this message have been removed]



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