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Judge María de los Ángeles Díaz has just ruled on the protection filed by Senator Iván Cepeda against former President Álvaro Uribe and his sons Tomás and Jerónimo.
As EL TIEMPO revealed, for Cepeda it is clear that the Uribe have been attacking him through social networks and in media interviews, linking him with the FARC. In addition, he says that he is in a clear state of defenselessness.
(We invite you to read: Uribe responds to Cepeda tutela against him and against Tomás and Jerónimo)
In the action, Cepeda alleges that the father and children are violating their fundamental rights to human dignity, honor, good name, the right to privacy, the presumption of innocence as an integral guarantee of constitutional due process and even image.
(You may be interested: ‘Free Uribe’: the campaign in the US that Cepeda rejects)
According to Cepeda, the former president has orchestrated a smear campaign against him, using the media, which includes militants and supporters of the Democratic Center.
And appended messages: “The young senator Cepeda, related to the Farc”; “After they tried, they bought witnesses, the young Cepeda, senator of the Farc, bought them and they tried to buy others”; “I was more delusional, thinking that I was going to proceed independently when He was a working partner of Senator Cepeda’s wife, the FARC leader, “says another, referring to Magistrate César Reyes, in charge of the Uribe case in the Supreme Court.
But the ruling declared Senator Cepeda’s action against the Uribe inadmissible.
(Also: Cepeda says that Uribe hired an agency to discredit the Court)
EL TIEMPO had access to the decision and in this it is noted that the senator has the means and tools (other than guardianship) to exercise his defense against situations that he considers infringing his rights.
This is one of the photos that the criminal prosecutor Granados attached to the guardianship response. Senator Iván Cepeda (center) with aliases Jesús Santrich and ‘Iván Márquez’.
Defenseless state?
And he added that the Uribe defense, led by criminal prosecutor Jaime Granados, showed that such a state of defenselessness did not exist.
“A position of helplessness, extreme vulnerability, imbalance or defenselessness is not noticed, which leads to the immediate intervention of the guardianship judge,” reads the ruling that will be notified to the parties in the next few hours.
(In context: Uribe invests almost 500 million pesos in the United States to defend himself)
Granados attached to his allegations in response to the guardianship, several photos in which, in his opinion, the closeness of Cepeda with leaders of the FARC party today is shown.
Tomás and Jerónimo Uribe also appeared in the tutela action that has just been ruled.
Lucía Castellar / EL TIEMPO Archive
In fact, the criminal prosecutor requested that the guardianship be declared inadmissible, “for not meeting the provenance requirements established in jurisprudence
of the Constitutional Court regarding guardianships filed against individuals “.
Granados warned that the ex-president does not provide a public service at this time, nor are the events, according to Cepeda, related to the affectation of a collective interest.
(Also: Tomás Uribe talks about ‘Caya’ Daza and the ‘Ñeñepolítica’)
In fact, he emphasizes that Senator Cepeda is not in a situation of subordination or defenselessness that generates, de facto, the “impossibility of defending his rights” (as he says in the guardianship), because only in this way would the intervention proceed of the constitutional judge.
Jaime Granados, a criminal lawyer and attorney for the Uribe family, attached several photos of Cepeda with leaders of the exFarc.
Claudia Rubio / TIME
Sections of the judgment
The judge assures that Cepeda can activate mechanisms, such as retraction or rectification, even in the United States, where the Uribe also carry out a campaign in favor of the former president and against his detractors.
(See here all the articles of the Investigative Unit of EL TIEMPO)
And the judge accepted the arguments of the criminal lawyer Granados, according to which “The expressions” related to the Farc “,” Senator of the Farc “,” the leader of the Farc “,” an expression of a new generation of the Farc “constitute a legitimate political opinion on the part of my son, founded on circumstances of public knowledge that they allow him to state that the defendant represents the ALTERNATIVE FORCE OF THE COMMON, an organization derived from an old subversive group. “
This is another of the photos that the criminal prosecutor Granados attached to the response to the tutela action filed by Senator Cepeda.
It is not yet known whether Senator Cepeda’s defense will challenge the ruling.
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