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The 30 Municipal Criminal Judge with Guarantee Control Function determined this Tuesday that the process being followed against former senator Álvaro Uribe Vélez for alleged witness tampering and bribery must continue in Law 906 of 2004, that is, in the Accusatory Penal System, as requested by the Prosecutor’s Office.
However, the judge raised a query to the Plenary Chamber of the Supreme Court of Justice to review whether or not she is competent to decide whether the former congressman is granted or denied freedom, in light of the change in the process.
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Meanwhile, the diligence was suspended so the former senator must remain deprived of liberty.
“The position of the judicial officer is consistent with that put forward by the Prosecutor’s Office, of the representative of the Public Ministry and of the defense lawyers of Dr. Álvaro Uribe Vélez, andn around the fact that the action must now continue under Law 906 of 2004, perspective from which, clearly, it would have competence to resolve any different request, “the judge said.
In that sense, he explained that there is a conflict of competences that must be resolved by the hierarchical superior.
“However, it cannot be ignored that In no procedural procedure it is admitted that there is a controversy between the parties and the judge, on the position or a relative aspect on jurisdiction, it is the judicial officer who decides definitively “, he indicated.
The judge explained that the Supreme Court of Justice is the ideal one to clarify whether or not there is competition to resolve the request made by the defense attorneys of former Senator Uribe regarding his immediate freedom.
“Within the framework of Law 906 of 2004, when a challenge to jurisdiction occurs, which was clearly what happened in this case and when there is openly opposed positions between the judge and the parties, as well as, this is the case according to what was expressed by the Cassation Chamber of the Supreme Court of Justice, the incident defining competence must then be processed, under which it is ordered to refer the proceedings to the hierarchical superior, ”explained Judge 30.
Because of this, he announced that the process that is being followed against the maximum leader of the democratic center returns the Court so that the competition is clarified.
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He added that “it is to the Plenary Hall of the Supreme Court of Justice, which is responsible for defining what pertains to conflicts of jurisdiction, whenever these do not correspond to any of its rooms; It will then be prepared to process this definition of competence. Refer through the Judicial Services Center to the Plenary Chamber of the Supreme Court of Justice ”.
He also explained that until the conflict of competences is clarified, the diligence in which the request for the release of the former congressman would be resolved will be suspended.
