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A second instance judgment of the second section of the Administrative Court of Cundinamarca unanimously ruled a tutela action filed by senator Álvaro Uribe Vélez against Gustavo Bolívar for two tweets. In this sense, Bolívar must retract within a period not exceeding 48 hours.
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Bolívar, on Twitter, had linked the exmandatario with the “graves full of innocent youth” on which he would allegedly have before the Special Jurisdiction for Peace (JEP).
Tweets They were published in December 2019, and from January, February and March of this year. According to the magistrates of the high court, two of the publications violated the rights to good name and honor, considered as fundamental in the Political Constitution of Colombia.
“The expressions contained in the publications cited (trinos de Bolívar) Although in principle they could protect freedom of expression, it is no less true that they are manifestations that go beyond the protection granted to the referred person, since The fundamental rights to good name and honor of Mr. Uribe Vélez were not respected, since the limit of reasonableness was exceeded when making statements that must be known and processed by the competent judicial authority, “says one of the sections of the ruling.
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According to the court, free expression is not an excuse to infringe on others “the fundamental rights to good name and honor, which under no circumstances is it feasible to take refuge in addition to the aforementioned freedom in parliamentary inviolability, insofar as it, by its nature and scope, enjoys constitutional protection different from that intended by the defendant. “
In this sense, they qualified that the Bolívar protests lack evidence that shows their relationship with the events stated in them.
“They become serious accusations and accusations that they are not based on judicial decisions, which allow the defendant to comment and ventilate before the audience of the pluricitated social network as if they were true. ’’
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Bolivar’s reaction
Senator Gustavo Bolívar assured that cannot be considered as an achievement of uribismo, because the guardianship was initially filed by twelve tweets and he is only ordered to withdraw by two of them. At the same time, he announced that he will abide by the court decision “Out of respect for justice”
“When Uribe signed me for 12 tweets and the C / Marca Court asked me to retract in only two”, said.
