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The hearing conducted by judge 30 of Bogotá lasted about 12 hours yesterday, in which the freedom of former president Álvaro Uribe Vélez was decided, and the stage in which his process remains when changing the system.
Uribe is investigated for bribery and procedural fraud, and upon resigning his jurisdiction as senator, his process passed from the Supreme Court of Justice to ordinary justice.
T he prosecutor Gabriel Ramón Jaimes Durán, in charge of the case, launched harsh criticism against the Supreme Court of Justice.
According to Jaimes Durán, “It is not the same and it cannot be said that the investigation and the imputation of charges are the same“, after noting that the first is hardly being investigated and in the second there is already a whole investigative work that has allowed us to reach conclusions about the alleged responsibility of the accused.
(We suggest you read: Judge will decide on Saturday whether to release Álvaro Uribe)
Impacts on due process
The Prosecutor pointed out that when reviewing the case they have found circumstances that allow to conclude that the form of connection carried out affects due process and that there are violations of the legal system.
He clarified that in the investigation carried out in the Investigation Room, refers to a criminal act but there are omissions that hinder the right to defense.
(It could be of your interest: Judge orders to investigate publication of interception of Uribe case)
Court was not rigorous
For the representative of the accusing entity, beyond the differences between the accusation and the investigation, it was detected that the diligence carried out in the Court “does not rigorously contain the legally relevant facts, and less in an organized and concatenated way that allows us to classify the development of this diligence as a clear and succinct way of transmitting sufficient information for the respondent and his defense to activate his rights, in particular the right to defend himself.
It indicated that among the omissions it is found that the scope of the allegations regarding the authorship or participation of Uribe Vélez in the investigated events was not clearly stated.
“Neither the nature of the imputation as a determination, nor its modality or circumstances, was ever brought before the accused. Reasons that served as a collection at the time of resolving the legal situation of the accused to impose an assurance measure, ”said the prosecutor.
Reasons that served as a collection at the time of resolving the legal situation of the accused to impose an assurance measure
There is no clear statement of the crimes charged
“Such an aspect is of great importance from the perspective of due process in constitutional and legal requirement from the right to defense,” said the prosecutor, adding that in the investigation “there is minimal precision regarding the crimes that were faced.” to the investigated “which contravenes the law and hinders the right to defense ”.
He said that, for example, Uribe Vélez was not made aware of the possibility of a confession or early sentencing or any of the mechanisms for the early termination of the processes.
(It could be of your interest: Uribe case: clean slate or does what was done in Court uphold?)
He also criticized that the investigation was disorderly and that there was no clarity on the quality of the crime for which he was being investigated.
Was the right to defense extended?
He also said that the investigation was conducted on October 8, 2019, and from there a reasonable time should have been guaranteed for the right to defense, but due to the change in the system that has not been possible.
And although it did not request any invalidity, it did warn that those situations detected could generate a risk in that sense.
It specified that the document of more than 1,500 pages in which the legal situation was resolved cannot be considered an imputation of charges as it does not comply with the requirement of “content regarding a clear and succinct account of the events to be transmitted in a timely manner so that the receiver of the same remains linked to the process”.
(By context, it could be of your interest: Uribe case will continue by accusatory system and judge will define his freedom)
Content regarding a clear and succinct account of the events to be transmitted in a timely manner so that the receiver of the same is linked to the process
Prosecutor Jaimes pointed out that the judicial system must respond to the victims and their request for truth and justice, but that this cannot affect due process and put the process of future annulments at risk.
Y It concluded that the process should continue in the investigation stage and annul the act of definition of the legal situation, granting Uribe his freedom.
“The investigation does not start from scratch,” added the official after indicating that there will be no impunity and that they will continue to examine the evidence that was collected at the time by the Investigation Chamber of the Supreme Court.
“There will be no impunity, there will be justice and there will be law“, he pointed
Other news of the Justice section of the day:
– Doctor who autopsied Ordóñez spoke of the severity of injuries
– For being macho, the Attorney General asks to knock down apart from the Labor Code
JUSTICE
On twitter: @JusticiaET
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