In full concentration for the Soccer World Cup 2026a guardianship that reached a court in Bogotá this week shook the Colombia National Teamespecially two of its biggest stars. The players James Rodríguez and Luis Díaz They were linked to a process for alleged treason, generating several voices in the judicial and sports world because everything would start from an image altered with artificial intelligence.
According to reports that have emerged in recent hours, the guardianship corresponded to the Third Court for Minor Causes of Subain Bogotá. This office admitted it, and since then a controversy arose that analysts, experts and even journalists have called absurd and unnecessary.
The image from which this story starts is one in which Luis Díaz, a Bayern Munich player, and James Rodríguez, from Minnesota United FC, appear giving a salute alluding to the ‘Sign for the country’ campaignalluding to the president-elect, Abelardo de la Espriella.
James Rodríguez and Luis Díaz. Photo:KRONOS AGENCY / Oscar Berrocal. Kronos Agency
That photo was altered with artificial intelligencesince said hand gesture was not made by either of the two players, who this Tuesday night will play against the Democratic Republic of the Congofor the second date of group K. Both come from being starters in last week’s victory against the eleventh team that represents Uzbekistana match that ended 3-1.
Case details
The guardianship was filed verbally, and apparently in the recording the violated rights of the man who filed it were not made explicit. Despite this, The court accepted it for study and the case file already appears in the official system of the Judicial Branch.
Judge’s gavel. Photo:CEET
The fact of having filed it has generated reactions against it because it is based on a false image, and a supposed greeting that, according to experts, if true, it is not clear which fundamental right it would violate.
EL TIEMPO spoke with lawyers who are experts on the subject, who expressed their views on the scope of the protection action filedand what can come not only in this process, but also against the guardian citizen.
According to the criminalist Juan Felipe Criolloit took the country many years to introduce the tutela action within the legal system to use it for absurd purposes. “Where is the fundamental right of the plaintiff? What is being violated? What we see is an excess in the use of guardianship,” explained the lawyer.
Juan Felipe Criollo, lawyer. Photo:Private file
In turn, criminal lawyer Diego Gutiérrez stressed that the Colombian judicial system is collapsed precisely due to the improper use of the tutela action, and questioned whether this process has been given priority, admitting it for study.
“Cases like this should never be opened.what the court should have done is have declared the action inadmissible, since clearly no fundamental right is violated in the facts that we know so far“He said, adding that although it is an image with false intelligence, even if it were real”there is no violation of law at all. “We must not confuse the Colombian national team shirt with a national symbol and, furthermore, James and Luis are ordinary citizens who could have carried out these types of acts without violating the rights of third parties.”
Diego Gutiérrez, lawyer. Photo:Private file
Regarding the scope and what can come with tutelage, the lawyer María Fernanda Chica He highlighted that treason is not a fundamental right, but rather a set of punishable behaviors provided for in article 455 of the Penal Code. “Hence even We should reproach the admission of this constitutional protectionbecause although the duty to admit and process is an expression of the guarantee of access to the administration of justice, the appropriate institutional response was rejection or a declaration of outright inadmissibility.”
Likewise, the expert stressed that the two players of the Colombian National Team are individuals and, therefore, a guardianship against them has particular parameters to be admitted.
María Fernanda Chica, lawyer. Photo:Private file
Now, front What is the guardian exposed to?in addition to possible measures for reckless actions with the filing, according to Chica, an eventual procedural fraud. This crime is also provided for in the Penal Code, and is investigated by the Attorney General’s Office.
Carlos López – @CarlosL49 – carben@eltiempo.com
