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Criminal prosecutor Jaime Granados has just filed a memorial in which he responded – within a period of 12 hours – to the protection that Senator Iván Cepeda filed against Álvaro Uribe Vélez and his sons, Tomás and Jerónimo Uribe.
In the action, known in its entirety by EL TIEMPO, Cepeda alleges that the father and children are violating their fundamental rights to human dignity, honor, good name, the right to privacy, the presumption of innocence as an integral guarantee of the constitutional due process and even the image.
(We invite you to read: Roce between Iván Cepeda and Uribistas who ask him to reveal their calls)
Tomás and Jerónimo Uribe have made comments on their networks about Cepeda and the case against his father.
Lucía Castellar / EL TIEMPO Archive
According to Cepeda, the former president has orchestrated a smear campaign against him, using the media, which includes militants and supporters of the Democratic Center.
After referring to the investigation against Uribe, for alleged bribery of witnesses and procedural fraud, in which he is a victim, Cepeda refers to other processes -such as the loss of investiture- that have been advanced against him.
(You may be interested in: Monsalve’s file, the ‘expara’ who unleashed the process against Uribe) And he assures that in interviews and trills he has been called from an accomplice in the kidnapping of Uribe (after he was imposed at home) to buying witnesses against him.
Once again, the Farc Senator, known in Raúl Reyes’ computers as “Comrade Iván” and in the pillory penitentiary as “Don Iván”, comes to the defense of alias “Santrich”, a double accused Farc drug trafficker (indictement) through the Southern District of New York. https://t.co/8jDo6vEuoP
– Tomas Uribe Moreno (@tomasuribeEco) November 12, 2020
In fact, it transcribes the Uribe’s comments against them, which EL TIEMPO reproduces solely and exclusively as an obligatory context of the case.
(In context: Prosecutor rules in favor of Cepeda in case he confronts Uribe)
“The young senator Cepeda, related to the Farc”; “After they tried, they bought witnesses, the young Cepeda, senator of the Farc, bought them and they tried to buy others”;
“More delusional, to think that I was going to proceed independently when it was
Workmate of Senator Cepeda’s wife, the FARC leader “, says another referring to magistrate César Reyes, in charge of the Uribe case in the Supreme Court.
In his tutelage, Senator Cepeda annexes several of those screenshots published on networks.
Jaime Granados, criminal lawyer and main attorney for the former president.
Claudia Rubio / TIME
Zero defenselessness
The judge in the case gave the Uribe defense team 12 hours to reply and EL TIEMPO had access to the document, which is now in the judicial office.
The criminal prosecutor begins by requesting that the guardianship be declared inadmissible, for not meeting the provenance requirements established in jurisprudence
of the Constitutional Court regarding guardianships filed against individuals.
Granados warns that the former president does not provide a public service at this time, nor are the events, as stated by Cepeda, related to the involvement of a collective interest.
In fact, it emphasizes that Senator Cepeda is not in a situation of subordination or defenselessness that generates, de facto, the “impossibility of defending his rights” (as he says in the guardianship), because only in this way would the intervention proceed of the constitutional judge.
This is one of the photos that the criminal attorney Granados attached to the guardianship response. Senator Iván Cepeda (center) with aliases Jesús Santrich and ‘Iván Márquez’.
In this regard, Cepeda talks about the Uribe’s comments creating a social impact, by using the media. And, citing jurisprudence, he says they put him in a defenseless state.
But Granados assures that Cepeda omitted that, according to that jurisprudence, the plaintiff has the burden of proof in order to prove the alleged defenselessness in which he finds himself with respect to Álvaro Uribe Vélez.
‘Uribe is not a means of communication’
“In this case, it is important to highlight, beyond the use of media
mass dissemination, that Dr. Álvaro Uribe Vélez has not carried out the
assertions on which the plaintiff claims, acting as
the media or as a journalist, “says criminal prosecutor Granados.
And he assures that although Cepeda brings up a case, in these circumstances “there is a parity” between Cepeda and Uribe. Even in favor of Cepeda, who is still a senator: “Today, Uribe is a citizen without any jurisdiction or investiture.”
This is another of the photos that the criminal lawyer Granados attached to the response to the tutela action filed by Senator Cepeda.
Use of networks
For Granados, the simple fact that the demonstrations that Cepeda reproaches were made in an interview in a mass media or through a social network, such as Twitter, does not generate per se, a defenseless situation that makes it impossible to defend their rights.
And he argues that Senator Cepeda has mechanisms that allowed him to safeguard his rights, since he could request either a correction or a reply, circumstances that he did not prove.
In addition, he says that Cepeda has used other legal means before the guardianship, to protect his rights, allegedly violated.
It even reminds him that “nowadays, platforms such as Twitter can withdraw tweets, suspend accounts and even question the content of a tweet in the face of false or disputed statements, with which it is evident that the plaintiff is not
Nor was he in a scenario of helplessness that would enable
direct intervention of the Guardian Judge “.
“Senator Cepeda himself points out that, due to the aforementioned facts, he filed a criminal complaint on August 31, 2020 against my son, a criminal process, where he has different protection mechanisms that he has been able to exercise directly without depending on or being subordinate of the existence of a conviction, “said Granados in his express response.
Cepeda and the Farc
But Granados doesn’t just focus on that point. In addition, it attaches photos with which it seeks to establish a link between Senator Cepeda and the Farc.
“The expressions” related to the Farc “,” Senator of the Farc “,” the leader of the Farc “,” an expression of a new generation of the Farc “constitute a legitimate political opinion on the part of my son, founded on circumstances of public knowledge that They allow him to state that the defendant represents the ALTERNATIVE FORCE OF THE COMMON, an organization derived from an old subversive group, “says Granados.
And he says that, in his opinion, there are points that allow us to point out this affinity.
In addition to ideological coincidences, they speak that “there are references to Senator Cepeda within the computers of the dejected FARC chief (alias Raúl Reyes), which although, in the opinion of the Attorney General’s Office (the only authority that investigated the events), They constituted a link between the armed group and Senator Cepeda, they did reveal “doctrinal and ideological similarities between him and the FARC,” says the response to the tutela.
Within 10 days, it will be known whether or not Senator Cepeda’s action against the Uribe is appropriate.
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