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In a hearing that lasted 13 hours, the Prosecutor’s Office and the Attorney General’s Office joined the arguments of the defense of the former president on Thursday Alvaro Uribe and they requested his immediate release while the counterpart requested to maintain the security measure. The judge will announce her decision in a diligence this Saturday at 8 in the morning.
In the prosecutor’s opinion Gabriel Jaimes, who took up the case by instruction of the Attorney General, Francisco Barbosa, There is no way to propose an equivalence between the procedures that were carried out when the process was carried out in the Special Investigation Chamber of the Supreme Court, with those that must be carried out in the ordinary justice according to the accusatory criminal system (Law 906 of 2004) , and doing so would violate due process.
That is why he asked the judge for 30 guarantees of Bogotá, Clara Salcedo Duarte, which does not harmonize the two procedures.
“The procedural actions taken within the Special Investigation Chamber are valid, because they were issued by a competent authority with the full conditions of Law 600, so there is no room for nullification here,” said Jaimes.
According to their analysis, this hearing is about making a work of adaptation seeking the preservation of the structure of the criminal process, the protection of the role of each of the procedural subjects (who are Uribe and his alleged victims) and their fundamental guarantees.
However, after reviewing the process carried out in court, the prosecutor finds no possibility of likening the investigation to the imputation of charges necessary in the new system to dictate deprivation of liberty.
Among the alleged facts, after a review of the file delivered by the Special Investigation Chamber, Jaimes said: “We have found some violations of due process, since the investigation does not contain the legally relevant facts to activate the right to defense, nor were there any clarification on their rights and the possibility of an early judgment was not presented to the accused ”.
And he added that as the investigation took place in October 2019, if it acts as an indictment, the terms to accuse Uribe in the ordinary system to which the case has already been referred would have expired, which would lead to his total collapse. “There is no other way than to dismiss the validity of the process and grant the freedom of Alvaro Uribe Velez”Said Jaimes.
That is the same request made by the defense, carried out by the lawyer Jaime Granados, who warned that since 2015 the Constitutional Court was clear that the imputation could not be equated with the formulation of charges that occurs in the investigation.
And he gave as an example the processes brought against the representative to the Chamber Leon Fredy Muñoz and against alias “Jesús Santrich”, who were measured. Both suffered changes of jurisdiction when they went from the Prosecutor’s Office to the Court and had to start over, because there was no way to equalize the two proceedings, although in neither case did the process reach the Court with a detainee.
However, Jaimes stated that “the investigation does not start from scratch, the evidence is not dismissed but, by virtue of the criminal process, they have become material evidence that will be legally assessed with a view to a possible formulation of the charge. My request for today is not a prelude to procedural stages to come, there will be no impunity, there will be justice and there will be law ”.
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