Video: Former prosecutor Néstor Humberto Martínez accused the JEP of failing in the extradition of Santrich

Former prosecutor Néstor Humberto Martínez returned to the public eye after El Espectador revealed that the Prosecutor’s Office did not share the Special Jurisdiction for Peace a series of audios that rest in the file of the former guerrilla chief Jesús Santrich and with which he could have made a decision on his extradition to the United States for drug trafficking.

Martínez assured through a video that “The JEP failed in its duty to collaborate with justice in the Santrich case”. According to the statement from the former head of the Attorney General’s Office, The Constitution provides that the JEP must rule exclusively on the date of the offense that is the source of an extradition request, as a guarantee to the demobilized that this international judicial cooperation procedure will not be carried out if the crime occurred prior to the signing of the peace agreement.

Grass: Jesús Santrich would be involved in drug trafficking businesses: Néstor Humberto Martínez

Martínez assures that by the order of April 19, 2018, the JEP requested the Prosecutor’s Office to send him all the documents related to the extradition process of Mr. Hernández. And on April 26, 2018, the Prosecutor’s Office informed the JEP that, according to the provisions of Article 511 of Law 906 of 2004, the extradition process had not begun, because the formal request of the Requesting State had not yet mediated.

In the statement, the former prosecutor detailed the following points about this case:

1. On May 16, 2018, the JEP initiated a judicial control procedure of the capture of alias “Santrich”, exceeding its functions. For this reason, the Prosecutor’s Office appealed to the Constitutional Court and by order 401 of June 27, 2018, it was established that the JEP could not usurp the powers of the Prosecutor’s Office in these matters and specified that the responsibility of the JEP was limited to assessing assigned to determine the precise date of its realization “.

2. In the same decision, the Constitutional Court established that the Prosecutor’s Office would send the JEP “the file related to the extradition request of citizen Seuxis Paucias Hernández Solarte.”

3. By communication DAI 20181700057811 of July 26, 2018, the Prosecutor’s Office forwarded the entire extradition file to the JEP.

Four. However, exceeding the order of the Constitutional Court, by order of September 12, 2018, the JEP requested, in addition to the extradition file, “the documentation and probative support (audios and videos) that are in its possession.”

5. Despite the foregoing, in a spirit of collaboration, on September 25, 2018 the Prosecutor’s Office proceeded to share with the JEP evidence of the accusing body that was working in an investigation against citizen Marlon MARÍN (not alias “Santrich”), in the to the extent that there were references to Mr. Santrich that would allow the JEP to establish the date of the crime.

6. As is public knowledge, the video that has been so missed by the JEP, was contributed to the Colombian Prosecutor’s Office, in the development of judicial cooperation, after my resignation, in May 2019, then it could not be contributed to the JEP in 2018.

7. Through communication from the 1st. October 2018, the Prosecutor’s Office shared twelve (12) interceptions that were part of investigations against Marlon Marín in cases 201700020 and 201700088, which contributed to “validating the sworn statement in support of the extradition request against Santrich”, which had been formalized by the United States through a diplomatic note of June 7, 2018.

8. The evidence provided by the Prosecutor’s Office, together with the documents provided by the United States, unequivocally demonstrated that these were events that occurred after December 1, 2016, despite which the JEP chose in May 2019 to release aka “Santrich”. The appeal of this decision, promoted by the Procurator, was never resolved by the JEP.

9. In just a few weeks, the Criminal Chamber of the Supreme Court of Justice concluded by order of July 10, 2019 that the events took place after December 1, 2016.

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10. In 2018, at the time of the extradition process, the alleged 24,000 audios that have been publicly discussed were not part of an alleged file against alias “Santrich”, as validated by the JEP, without any type of corroboration. It is public knowledge that the Prosecutor’s Office opened a file for drug trafficking against Santrich in 2019. For obvious reasons, that file could not exist in 2018.

eleven. In short, from the outset the JEP showed its hostility to the extradition procedure in question, even trying to ignore the powers of the Prosecutor’s Office, and despite having in its possession evidence that the crime had been committed after the signing of the Peace.

The JEP assures that the Prosecutor’s Office and the US Government refused to provide evidence on the Santrich case

Last Sunday, November 8, the newspaper El Espectador revealed a series of audios that rest in the file of the former guerrilla chief Jesús Santrich, whose contents open different questions about the case that put the peace agreement in suspense.

They are interceptions made to Marlon Marín, nephew of Iván Márquez, who was captured for crimes related to these events in 2018 and is in the United States as a protected witness for the DEA.

Grass:Prosecutor’s Office has 24 thousand audios on the “Santrich” case

About the case, The JEP issued a statement, this Tuesday, November 10, through a statement where he assures that, from the high court, specifically the Review Section “made repeated requests to the Prosecutor’s Office in order to obtain sufficient evidence to make a decision. Those requirements were never answered in a satisfactory way”.

The Attorney General of the Nation at the time informally provided a USB memory without a serial or identification number, which contained some audios obtained within investigations carried out against Marlon Marín Marín, but not against Seuxis Paucias Hernández. That information did not include a line analyst report, orders to intercept communications, chain of custody, or legalization of subsequent control or prior control.

In addition, the transitory peace court assures in the statement that “it was ordered to require the Attorney General of the Nation to immediately comply with what was ordered by the Constitutional Court in the second paragraph of order 401 of June 27, 2018 , forwarding the complete file of the extradition process of Hernández Solarte, including the documentation and probative support (audios and videos) that were in his possession ”.

In the text, the JEP assures that the videos that were presented in the media as proof of Santrich’s ties with drug traffickers never reached that court.

“Different media exhibited videos -without audio- which, it is understood, were supplied by the Attorney General’s Office, insofar as they have the label of that entity. These videos were NOT released to the Review Section, arguing that the extradition files do not contain evidence, but these are the requesting country. Thus, the request made by the JEP for the contribution of the “audios and videos that [tuvieran] in his possession ”, you can read in the document.

Regarding the El Espectador investigation, the JEP assures that of the 24,000 audios in the investigation against Hernández Solarte, “the Prosecutor’s Office only gave 12 audios to the Special Jurisdiction for Peace.”

At a press conference, the president of the Special Justice for Peace (JEP), Eduardo Cifuentes, referred to the participation of undercover agents without legal authorization in the Santrich case.

In the Colombian case, said persons would be individuals who held meetings with other individuals, including the extradition requested Jesús Santrich, in a criminal context that legally enabled them to record and / or film the meetings in which they participated, a circumstance that it did not imply judicial authorization.

Despite this, the Spectator’s investigation shows that The Prosecutor’s Office did authorize the undercover agent operation in October 2017, to carry out an operation against drug trafficking.

“The JEP concluded that despite the requests made to the United States Department of Justice and the Attorney General’s Office, there was no evidence, or at least no evidence of judicial assistance for the performance of undercover agents in the territory. Colombian, ”Cifuentes read.

The magistrate closed the press conference by recalling that the ultimate goal of the jurisdiction is the victims of the armed conflict and that peace must be preserved. Likewise, he recalled that Jesús Santrich and Iván Márquez are no longer part of the JEP.

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