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Judge 30 of control of guarantees of Bogotá, granted the immediate freedom of former president Álvaro Uribe Vélez. He assured that there can be no deprivation of liberty without indictment of charges.
Judge Clara Ximena Salcedo released Uribe, who spent two months in preventive detention imposed by the Supreme Court of Justice for a case of alleged procedural fraud and bribery of witnesses.
The judicial official based her decision on that Álvaro Uribe has not been charged. The judicial process will continue with the former president released, but the decision may be appealed, made by Senator Iván Cepeda, as announced this Saturday morning.
At the beginning of the hearing, on the morning of this Saturday, the judicial official described as destined the questions made by the Prosecutor’s Office to the diligence of the former president Álvaro Uribe.
He indicated that these accusations diverted attention from the debate in the court that was define the request for release made by the defense of the former president.
(We suggest you read: Questions and answers about what is decided today in the Uribe case)
The judge did give credence to the precedents brought by the Prosecutor’s Office to the hearing on the possibility of harmonizing the old and the new system.
The case in the Supreme Court was carried under the old system and now with its passage to the Prosecutor’s Office it will begin to be carried out by the new system.
The judge indicated contrary to what the accredited victims said that the investigation in the old system and the imputation of charges in the new system cannot be equated.
Thus, the judge pointed out, the freedom of a person in the new system can only be granted after the imputation of charges. And who decides whether to deprive someone of their liberty is a judge at the request of the Prosecutor’s Office.
For context, you may be interested in reading: Judge will decide on Saturday whether to release Álvaro Uribe)
He also insisted that equating the investigation and the accusation hearing affects due process and the same process.
The judge held that guarantees must be given to the investigated and that his decision is not arbitrary or capricious.
This is the sustenance of the order of freedom
The judge also pointed out that when the process went through the system, the investigation was led by the Prosecutor’s Office that He must advance in the investigations that will allow him to reach the decision whether or not to charge former President Uribe.
He insisted that the Prosecutor’s Office cannot be required to present an accusation statement on a process that he is hearing.
(You might be interested in reading: Judge orders to investigate publication of interception of the Uribe case)
In addition, he emphasized that it is not possible, constitutionally, or admissible, to equate the investigation to the imputation of charges.
And that conclusion It allows establishing that it is not possible to maintain the assurance measure of former President Uribe.
He augured that the deprivation of liberty is different in the two systems and that they cannot be equated either.
The judge pointed out that even in the new system there are other non-custodial measures, contrary to the old system. He said that in any case the decisions on the freedom of a person are studied at the request of the Prosecutor’s Office.
Developing….
Other news of the day:
– As ‘censorship’ they qualify media associations ruling against ‘Semana’
– Questions and answers about what is decided today in the Uribe case
JUSTICE
On twitter: @JusticiaET
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