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After the controversy that was generated by the decision of the Special Jurisdiction for Peace to admit the ex-governor of Sucre, Salvador Arana, sentenced to 40 years in prison by the Supreme Court, the JEP responded on Thursday night to the harsh high court criticism.
The Supreme Court, which requested the intervention of the Constitutional Court to resolve this conflict of powers, held on the decision to admit Arana that “the prevailing jurisdiction of the JEP does not make the special jurisdiction a court with open and undetermined superiority to the other jurisdictions, due to lax control over the judicial determination of their own competence. (…) ”.
Faced with this, the JEP reported that on February 12, 2020, the Chamber for the Definition of Legal Situations, resolved, in the first instance, the request for submission submitted by Salvador Arana Sus, who appeared as an agent of the State not a member of the Public Force, for crimes committed while he was governor of Sucre between 2001 and 2003.
Arana applied for admission for the crimes of aggravated enforced disappearance, aggravated homicide, aggravated crime conspiracy and embezzlement for appropriation, for which he was convicted by the Supreme Court of Justice in 2009.
The special justice of the peace said that when resolving the request they took into account the prevailing jurisdiction that the Constitution attributes to it, and applied the constitutional, legal framework and the jurisprudence of the Appeal Section of the JEP. And after that they concluded that “the facts for which Arana requested his submission comply with the competition factors that give way to his admission to the jurisdiction, since they were committed on the occasion or in direct or indirect relation to the armed conflict.”
The facts for which Arana requested his submission comply with the competition factors that give way to his admission to the jurisdiction.
The JEP added that the events for which Arana was convicted were part of an important support strategy for the general war effort of the paramilitaries, since fthey favored the financial, political and ideological interests of that group that at the time exercised territorial control in that area of the country.
Faced with the decision to bring this issue before the Constitutional Court to resolve the conflict of jurisdiction, the justice of the peace said that he reiterates “his full respect for that corporation and the legal resources that it deems appropriate to use to settle issues such as the one raised.”
In this case, the Supreme Court considers that Arana does not meet the budgets to go to the JEP, since he, says the Court, is a “pure paramilitary” and has no place in the justice created after the peace talks with the FARC. . In addition, the Court reiterated that the paramilitaries already had their own framework of special judgment in Justice and Peace.
JUSTICE
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