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Senators such as Gustavo Petro, Roy Barreras and Iván Cepeda accused the former prosecutor of having trapped the Peace Agreement by involving ‘Jesús Santrich’ in a drug trafficking business. Martínez described the accusations as a “farce with a poorly elaborated script” and spoke of the appearance of “public defenders in a case of international drug trafficking.”
Research published by The viewer on November 8, titled “The audios of the DEA and the Prosecutor’s Office that denied the JEP in the case of Santrich“, This Thursday led to a debate on political control by several opposition congressmen, who presented new audios and documents to denounce what they called” the entrapment of the Havana Peace Agreement. ” According to the convening senators, the then prosecutor Néstor Humberto Martínez knew that the drug trafficking operation against Jesus Santrich It was a set up by the DEA and the accusing body itself.
This, due to the fact that this newspaper revealed that there are 24 thousand audios, whose contents give new visions of a case that at the time divided the country and put the Havana Agreement in suspense. Mercy Cordoba, Ivan Marquez, former Vice President Óscar Naranjo, several businessmen and the Cuban ambassador to Colombia, are some of those mentioned in the covert drug trafficking operation carried out by the DEA, for which the senators cited the debate that took place in the First Senate Committee already the one attended by former prosecutor Martínez; the Peace Commissioner, Miguel Ceballos, and the Minister of Justice, Wilson Ruiz.
Starting from this point, the first intervention was made by Senator Gustavo Petro, from Colombia Humana, who, in addition to revealing audios that according to him show that the drug traffickers were really DEA agents posing as members of the Sinaloa cartel, showed also the video in which it appears Santrich speaking with Mexicans and with Marlon Marín (Iván Márquez’s nephew), pointing out that he had been adulterated to present him to the media on the day of the capture of the former guerrilla leader. In it, a person is listened to narrate and illustrate what are the errors of continuity of the audiovisual material with which it was sustained that supposedly Santrich he would be sealing a drug trafficking business with members of the Sinaloa cartel.
In context: The audios of the DEA and the Prosecutor’s Office that denied the JEP about the “Santrich” case
The person who narrates the video, who is not identified by the congressman, in principle assures that since it is a recording of the entire course of the aforementioned meeting, it presents a series of inconsistencies and discontinuities. According to the complaint, the 7-minute video, which supposedly follows the entire temporal journey of the meeting, was at least a 15-minute meeting. “It is impossible for a camera to go up and down capturing the same frames, the same frame, the same dimensions,” says the voice behind the video that describes the errors and inconsistencies in the material.
“It was a script to sow evidence and put people from the Farc in an alleged drug business in which they mounted an operation with drugs from the Prosecutor’s Office or money from the DEA, which ends in the meeting, in a house that the Government put to Santrich, with government cameras, permanently recording the meeting where they talk about productive projects and overlap a talk with voices of DEA agents, so crudely that it is discovered and this is what Mr. Néstor Humberto gives him as test queen to the press. The Lord Santrich he was requested in extradition with this type of maneuver, (and with this) a good part of the peace process was broken, ”Petro concluded.
Faced with the controlled delivery of cocaine that has been said to be a drug from the Prosecutor’s Office, former prosecutor Martínez responded by denying said statement and presenting a certification from the current deputy prosecutor, Marta Mancera, issued today November 26: “Once the authorizations have been received of law, the corresponding orders were issued and the transnational controlled delivery process was carried out, based on information from the legal attaché of said Embassy. Thus, on November 1, 2017, a briefcase was delivered by a member of the organization involved in drug trafficking. Inside, five containers with illegal substance were found, which was received by an undercover agent, a public servant with judicial police functions ”. Martínez denied that the cocaine had been from the Prosecutor’s Office and Senator Roy Barreras asked him: “Where are the photos and videos of that delivery?”
It must be said that before beginning the debate properly, Barreras asked the board of directors of the Commission that each summons be granted at least 45 minutes, as if it were a session that takes place in plenary. Their reasons were blunt: “It is one of the most transcendental debates in this situation of national security, because here we are going to try to analyze whether or not there was an entrapment against the peace process.”
His reference, like the other interventions, pointed to the role of the DEA in the case of Santrich, as well as the versions found by the same former prosecutor in relation to whether there was support from the prosecuting body for a controlled operation to, supposedly, catch the ex-guerrilla in a drug trafficking business to send cocaine to the United States and thus capture and request him in extradition.
In 2019, in an interview with RCN Radio, Martínez stated that the Prosecutor’s Office did accompany and acted in conjunction with the US entity in the controlled delivery operation. And in an interview with El Espectador, at the beginning of November, he denied what was said: “If there was a controlled surrender, recognized by the prosecutor, why did he change his opinion? Why does he say later that he did not know? Likewise, Iván Cepeda, from the Polo Democrático, pointed out the seriousness that this case implied in terms of the country’s national security and recalled Law 906 of 2004 on surveillance activity: “The undercover agent is prohibited to sow the idea of the commission of the crime in the accused accused ”.
In addition to this, Cepeda put on the table other elements with which, he said, the former prosecutor “sought to sow all kinds of mistrust in public opinion with media scandals that in legal terms have proven to be setups.” Among them, he listed what he called “false witnesses” to involve the FARC in proving property, using people like Fernando Bahamón Céspedes, who he said had “several complaints and processes for sexual harassment at his expense; the raid on the JEP on October 4, 2018, of which Martínez Neira had to “acknowledge its arbitrary nature”; support for objections to that jurisdiction; as well as illegal interceptions of peace negotiators ”.
Also read: “First time I hear that ‘Iván Márquez’ had been intercepted”: Néstor H. Martínez
Given this and the other denounced facts, Cepeda announced that together with Antonio Sanguino he would file a complaint against the former prosecutor before the Investigation and Accusation Commission of the Chamber, so that he may be investigated for prevarication by action and omission, fraud in court resolution, concealment , alteration or destruction of material evidence and treason, “because it would have carried out acts tending to affect the nature of the sovereign State of our country.”
When Néstor Humberto Martínez took the floor to respond to the accusations, the first thing he said was that it was all about a “farce with a poorly prepared script”, describing what was said by senators summoning the debate as lies and questioning, as it passed, his legislative work for not concentrating on other issues to make more control of compliance with the Peace Agreement, such as the return of minors who, according to him, were still in the custody of the guerrillas, as well as the delivery of goods and assets of the now demobilized Farc and security in the territories.
About the case of SantrichHe mentioned that, of course, it had an impact in relation to the signing of the peace, but that there was always “loyalty to justice, to the Peace Agreement and, above all, to the rule of law.” He then went on to explain what happened that November 1 when, he said, there was a controlled operation. “From the first day I said that there was a controlled delivery operation, but I never said that it was a controlled delivery of cocaine from the Prosecutor’s Office. What happened is that we received a request for international judicial cooperation within the framework of the Vienna and Palermo Convention to attend the controlled delivery of coca. I don’t think they knew how much coca it was. What is clear is not that any agent of the state or foreigner has provoked Santrich to carry out an illicit drug trafficking business, it was (Marlon) Marín ”.
And he added: “The main protagonists of all this entanglement that we would not have wanted to live in Colombia, the relative of Mr. Márquez declares before the courts under the gravity of oath that the coca was provided to him Santrich via aliases Juan and you want me to say that the coca belonged to the Prosecutor’s Office. How wonderful, they were ex officio defenders of a case of international drug trafficking (…) They are inventing a plot in defense of drug traffickers, in that concert a park has been organized for the defense of drug traffickers ”.
Martínez emphasized that he was always at the disposal of the JEP to collaborate and assured that the government of then-President Juan Manuel Santos was always aware of what the Prosecutor’s Office was doing. “I handed over information to President Santos, I informed him that some people were involved in drug trafficking activities, because we were fulfilling the duty to investigate the conduct after December 1, 2016,” he said. He also spoke of a corruption investigation of Marlon Marín, within the health system of the demobilized, and even had words of personal attacks against his opponents, such as the one that Senator Cepeda’s wife works at the JEP or that Roy Barreras, who has American nationality, was challenging the justice of both Colombia and the North American country.
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