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In a memorial that the defense presented before the Constitutional Court, which this Wednesday will decide whether to grant the second instance to the former minister, Arias asks, according to Blu Radio, that if they give him the benefit, they will release him while the trial takes place .
“The Honorable Constitutional Court is requested to grant the Applicant personal liberty from the moment the custody sentence is issued until the challenge to the conviction is resolved single instance of July 16, 2014, taking into account that the judgment subject to challenge is not final and, therefore, by virtue of the presumption of innocence and personal liberty enshrined in Article 29 of the Political Constitution, the sentence of deprivation of liberty must not be carried out unless the sentence is confirmed, ”says point 8 of the document cited by the station.
Also, according to Caracol Radio, the defense requests, on page 33 of the text, the prescription of the process.
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However, according to Héctor Riveros, a radio frequency panelist, the high court would grant the second instance to Arias. But, according to him, freedom is another issue that the Constitutional Court would not enter.
In addition, added the journalist Luz María Sierra, the former minister has the precedent that, when he was sentenced to 17 years for the Agro Ingreso Seguro scandal, he fled to the United States.
In the event that the ruling is in favor of Arias, explains the lawyer Hernando Herrera, a panelist for Caracol Radio, it does not mean that the former minister is acquitted. However, it would make other former convicted officials before 2018 (when the second instance was created) seek that same benefit.
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