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This appeal had already been denied once, but in the second instance the magistrates accepted it and granted it.
This time, Aníbal Gaviria’s lawyers argued that he has been deprived of liberty for more than 120 days, since the preventive measure of home detention was imposed on him.El Colombiano explained, adding that at that time the “summary merit” has not been exposed.
The defense added, according to the regional media, that the governor fully complied with the measure and that is why he should be granted immediate freedom. Effectively, the Court considered that the Prosecutor’s Office exceeded that time without the Prosecutor’s Office supporting the reasons for keeping him in detention.
For this reason, the magistrates consider that “all legal requirements are met” to consider the habeas corpus filed by the suspended president to be admissible.
“Thus, the contested decision will be revoked and consequently constitutional protection will be granted to the corporal freedom of Aníbal Gaviria Correa, for which the corresponding order of freedom will be issued before the Director of the Prison Establishment who will proceed to make it effective once it is verified that it is not required by another authority ”, says the order, quoted by that means.
It should be remembered that Gaviria had already been denied his freedom on other occasions. The Supreme Court had decided on June 16 and the Prosecutor’s Office did so on October 3 and 8, recalled Blu Radio.
The station explained that a statement from Gaviria is expected in the next few hours about his process and if He will seek to resume his position as president of the Antioqueños. This should be done by the Presidency of the Republic, since it was from there that Luis Fernando Suárez was commissioned.
Why was Aníbal Gaviria detained?
As he explained last June, when his capture was ordered, the Prosecutor’s Office made that decision on account of the irregular payment of advances and other anomalies in the process of contracting and building the Troncal de la Paz, during the first term of the governor between 2004 and 2007 ”.
At that time, the entity pointed out that he had incurred in the crimes of irregular contracting and without complying with the legal requirements.
What is ‘habeas corpus’ in Colombia?
As stated by the Constitutional Court, “habeas corpus is a fundamental right and, at the same time, a constitutional action that protects personal liberty when someone is deprived of liberty in violation of constitutional or legal guarantees, or this is extend illegally ”.
This is an action that can only be invoked or initiated once.
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