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The Investigation Chamber of the Supreme Court of Justice would have decided to send the process against the former president Álvaro Uribe to the Prosecutor’s Office, after the resignation of the head of the Democratic Center to his seat in the Senate.
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Although sources from the Supreme Court and the defense of the former president assure that there is still no official notification on the matter, the version provoked mixed reactions. On social media dozens of supporters and opponents have spoken out on the matter.
Of interest: Uribe’s Defense will request today that his case go to the Prosecutor’s Office
The delivery of the file would operate because the crimes for which Uribe is prosecuted (procedural fraud and bribery in criminal proceedings) are not directly related to the congressional function.
Uribe’s resignation
Uribe resigned from the Senate in a letter in which he reiterated his criticism of the Supreme Court of Justice, a high court in which, according to him, he has no guarantees and for which he has questioned the impartiality of the magistrates who are handling his case, the assessment of evidence, testimonies, among other legal actions.
Since then, Uribe’s defense and various sectors have insisted that, due to his resignation, Uribe lost his jurisdiction and therefore the Supreme Court of Justice no longer has the competence to continue investigating him.
Read: The chats and audios of the Court and what the defense of Uribe says
The reason is that, according to these positions, the alleged crimes committed by Uribe, although they are from times when he was in the Senate, have no relation to his functions as a congressman, so the Examining Room could not continue to maintain jurisdiction to investigate it for those facts.
Former President Álvaro Uribe himself notified the country that he had been reviewed.
This thesis was also upheld by the Attorney General’s Office, which, in a 21-page concept, asked the Supreme Court that Uribe’s process be passed on to the Prosecutor’s Office, stating that the alleged crimes committed to him are common and unrelated to his jurisdiction of congressman.
However, for other lawyers and for Senator Iván Cepeda, who has been considered in this process as a victim, Uribe’s case should not leave the orbit of the Supreme Court.
The explanation they gave is that in the record the high court mentions that, as a senator, Uribe allegedly used members of his Legislative Work Unit (UTL) to contact inmates in prisons in the country to retract statements in which they related him to paramilitarism or declared against Cepeda.
It may interest you: Would Uribe’s investigation leave the Court due to resignation from his seat?
Cepeda had also said that all of these actions by Uribe stemmed from a debate on political control that he held in the Senate, so from that position it could also be considered that the events were related to Uribe’s functions as a congressman.
But now, with the determination of the Investigation Chamber, the process that began in the Supreme Court in 2018 must go to the Attorney General’s Office.
Sources assure that since the law by which the Supreme Court investigated Uribe (law 600) is different from the law by which the General Prosecutor’s Office handles its processes on events after 2005 (law 906), this would have implications in the process of the former president.
Thus, former attorney general Guillermo Mendoza Diago explained to EL TIEMPO at the time, a consequence of his passing to the Prosecutor’s Office is that within the framework of Law 906 the accusing entity cannot autonomously issue assurance measures, as this corresponds to the judges. That is why, Mendoza Diago considers, now the Prosecutor’s Office will have to decide whether to request Uribe’s assurance measure before a guarantee judge and then proceed with the indictment.
Instead, Uribe’s defense has said that the change of jurisdiction would not allow the former senator to be released immediately, nor would it change the procedural moment in which his case is found.
In the Supreme Court of Justice, the process was still in the investigation stage, that is, an investigation with the collection of more evidence and testimonies, and later the high court had to determine whether or not to call him to trial.
JUSTICE
