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More than two months after the Investigation Chamber of the Supreme Court of Justice ordered the arrest at home by prison of former President Álvaro Uribe Vélez in a case for bribery and procedural fraud, the ex-president regained his freedom.
(In context: Judge orders the release of Álvaro Uribe Vélez)
On August 4, the Court issued the arrest warrant against then-senator Uribe Vélez.
From that moment, he resigned his seat in Congress, the case went to the Prosecutor’s Office for jurisdiction, the defense requested his freedom before the new investigator of the case – who denied it – and then asked again before a Bogota court, which yesterday granted it and ordered, in addition, that the 98 million pesos that he had paid as surety be returned.
(We suggest you read: The judicial war that will prolong the case against Álvaro Uribe after his freedom)
In a hearing of less than two hours, the judge 30 of control of guarantees of Bogotá, Clara Ximena Salcedo, explained the reasons why she endorsed the request for freedom made by the defense of Uribe Vélez, which was supported at the time by the Prosecutor’s Office and the Attorney General’s Office. The victims had asked in the hearing held on Thursday that the investigated remain deprived of liberty.
The decision was notified yesterday to the direction of Inpec to make it effective immediately. Before supporting her argument, the judicial official criticized the attitude of the Prosecutor’s Office, which at the previous hearing questioned the investigation made to Uribe Vélez in the Court’s Investigation Chamber.
(It could be of your interest: The harsh criticism of the Prosecutor’s Office of the Court in the case of Álvaro Uribe)
The Prosecutor’s Office pointed out that this investigation had generated lack of due process and affected the defense of the investigated, to which the judge pointed out that this was a blunder by the prosecutor Gabriel Ramón Jaimes Durán, who diverted the debate on the issue that had to be resolved and was the request for freedom of the investigated.
“This official is not going to question the decision of the Court’s Investigation Chamber, and is not going to review its legality or its validity.”, Said the judge, considering that these decisions were adopted within the framework of her functions and in accordance with the law.
(It could be a topic of your interest: ‘We are going to appeal the decision’: Cepeda on Uribe’s freedom)
The arguments of the judge
The judge focused her decision on that It is not possible to equate the figure of the investigation, typical of the old system, with the imputation of charges established in the new accusatory criminal system.
And he even pointed out that trying to equate these two figures does affect the due process that must be guaranteed to the investigated and the process itself.
(For context, we suggest you read: Uribe case: clean slate or does what has been done in Court continue?)
It indicated that its interpretation is not capricious and that there are precedents from the Supreme Court itself that indicate that “none of the precepts of the criminal law equates the investigation“With the imputation.
He insisted that neither can the Prosecutor’s Office be required to present an accusation statement on a process that it has not decided to lead to charges and that it is just learning about.
In none of the precepts of the criminal law is the investigation equated
Thus, the judge pointed out, the deprivation of liberty of a person in the new system, by which the investigation against Uribe Vélez is now being carried out, can only occur after the imputation of charges. And who decides whether to deprive someone of liberty is a judge at the request of the Prosecutor’s Office.
(It could be of your interest: Court will continue to prosecute Uribe for ‘Ñeñepolítica’)
He recalled that in this case the same Prosecutor’s Office requested the freedom of the investigated. And he added that in the new system there are other non-custodial measures, contrary to what happens in the old system.
“For all the above, the decision that this official adopts is to agree to the defense request, supported by the Prosecutor’s Office and the representation of the Attorney General’s Office, and in that order the immediate release of Dr. Álvaro Uribe Vélez will be ordered“Said the judge in the case.
A few minutes after the decision was known, the former president reacted. “Thank God,” he wrote on his social networks.
Attorney Reynaldo Villalba, who represents Senator Iván Cepeda, appealed the decision; as well as former Attorney General Eduardo Montealegre and former Deputy Attorney General Jorge Fernando Perdomo.
(You are surely interested in reading: ‘Thank God’: Uribe on the decision that grants him freedom)
Senator Cepeda indicated that he respects the judge’s decision, but considered “very serious that the prosecutor Gabriel Jaimes has developed a political script in this action. Their partiality is evident and we consider that there is no guarantee for the rights of the victims in this process ”.
Thus, the decision will have to be reviewed in the second instance by a criminal circuit judge and meanwhile the freedom of the investigated remains firm.
Former prosecutor Montealegre asks that copies be certified against Duque
Former Attorney General Eduardo Montealegre, requested that copies be certified against President Iván Duque, for alleged interference in the process against Uribe.
Montealegre said he had some videos that he wanted to present at the hearing and that allegedly demonstrated that interference.
Judge 30 did not allow him to present the videos, considering that they had nothing to do with the decision that his office had adopted.
The former head of the accusing body indicated that as part of his argument he will deliver those videos to the second instance.
JUSTICE
On twitter: @JusticiaET
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