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The Fourth Criminal Court of the Bogotá Circuit considered that in the proceeding against Álvaro Uribe Vélez it is possible to equate the investigation of the old system, which at the time the Supreme Court called it, with the imputation of charges in the new accusatory criminal system, which is the one used by the Prosecutor’s Office.
The judge made that statement when deciding on the appeal against the decision of October 10 that granted the freedom to former President Uribe Vélez, investigated for fraude procedural and bribery of witnesses.
(Also read: Judge orders the release of Álvaro Uribe Vélez)
The representation of Senator Iván Cepeda, former prosecutor Eduardo Montealegre, and former vice prosecutor Jorge Fernando Perdomo, accredited as victims in the process, had requested that the decision of the 30th judge of control of guarantees of Bogotá be reversed and reordered the arrest of Uribe Vélez, as decided in August by the Investigation Chamber of the Supreme Court, before the resignation of the former president to the Senate.
The fourth judge agreed with the court official of the first instance and considered that it is not possible to invade the jurisdiction of the Prosecutor’s Office, which is the one in charge of the investigation and defines whether it asks for measures of assurance against the accused.
(You may be interested: Duque may continue to pronounce on investigations against Uribe)
He also insisted that the transition from one system to another must take place within the framework of legality and that it is possible to harmonize some of the procedures of the two systems. He indicated that sentences of the high courts have already ruled on this harmonization.
“It is clear that jurisprudence does find common ground between the two systems,” said the judge.
He argued that the investigation and the accusation “are extremely similar” and that what is advanced by the Investigation Chamber of the Supreme Court of Justice and the process that is now in charge of the Prosecutor’s Office can be validated.
(We recommend: The OAS appointed a person in charge to follow up on the Uribe case)
He said that in both proceedings the investigated person is fully identified, the investigated facts are mentioned, he is formally linked to the process, the person knows the crimes for which he is being investigated, and at the end of both proceedings, the investigated can accept the charges and receive reduced penalties.
The judge did not accept Uribe’s defense arguments that the actions carried out under the old system had declined; and on the contrary, it considered that the proceedings in the Court’s Investigation Chamber now become evidence that the Prosecutor’s Office may use.
In that sense, former President Uribe Vélez is charged with the crimes for which he was investigated and what would correspond, on the one hand, would be the presentation of the indictment by the Prosecutor’s Office, as a step to advance the trial against him.
(You can also read: They knew they were making offers and payments to witnesses: Prosecutor’s Office)
On the other hand, the prosecuting body could also decide to preclude the process, which it would have to do before a guarantee control judge.
Faced with Uribe’s freedom, the judge pointed out that the Prosecutor’s Office, which is in charge of the investigation, has not requested an assurance measure against him before a judge and in that sense the former president will remain free.
Thus, he explained that the person under investigation must remain free while respecting their fundamental rights, including freedom.
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