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The Constitutional Court of Spain has just stopped the extradition of the Colombian businessman Carlos Mattos, requested by the Prosecutor’s Office. In addition, it annuls the entire process that was being carried out against him.
In a ruling that has just come out and that EL TIEMPO obtained exclusively, Mattos is granted a special protection and it is noted that for the extradition request of a citizen to Colombia to take effect, judicial control is required at the origin, to guarantee the rights of the extradited person.
(You may be interested: Carlos Mattos signs agreement and stops commercial dispute in Hyundai case)
Decision in favor of Carlos Mattos.
“The Constitutional Court has granted protection to a Colombian citizen to
that the National Court decided to extradite Colombia for prosecution for alleged crimes of computer damage and bribery, “says the ruling.
And it leaves out that the sentence annuls the decisions of the Third Section of the Criminal Chamber of May 3 and the Plenary of the Chamber of July 1, 2019, respectively, “considering that the rights of the claimant for amparo have been violated. to effective judicial protection and to a process with all the guarantees in connection with their rights to personal freedom and freedom of residence and movement. “
(You may be interested: They extend an arrest warrant against businessman Carlos Mattos)
The court’s decision is related to Colombia’s request to extradite him, within the process that is being followed as allegedly responsible for bribery, for having paid gifts to the municipal civil judge of Bogotá for him to benefit him in a Hyundai case.
These payments would have been to keep the monopoly of the sale of that brand of cars.
The vice prosecutor Martha Mancera, assured that the extradition request met all the requirements.
The petition meets all the requirements for the accused to be sent to Colombia and respond for the crime of bribery
The Colombian Embassy in Spain formalized the extradition request on October 15, 2018 under the terms of the bilateral extradition agreement signed between Spain and Colombia since 1892. The attached documentation included official letter of the
11th Prosecutor’s Office attached to the Office of the Deputy Attorney General on October 5, 2018.
(Also: The testimonies that have Mattos one step away from extradition)
“In the city of Bogotá, Colombia, since October 2015, Mr. Carlos José Mattos Barrero, would have initiated the offer of bribes to multiple officials from the systems area of the Sectional Executive Directorate of Judicial Administration of Bogotá, to direct the distribution of a lawsuit filed by the Colombian company Hyundai Colombia Automotriz SA (of which it was the largest shareholder) against the Korean company Hyundai Motor Company. “Colombia assured Spain.
And Deputy Prosecutor Martha Mancera assured that the extradition met the requirements.
Failure
But the Court denied the request outright and annulled the entire process.
Indeed, in the ruling that EL TIEMPO has in its power, it is ordered “to annul the proceedings of the Criminal Chamber of the National Court of May 3, 2019, issued by the Third Section and that of July 1, 2019 , dictated by the Plenary of the Chamber “.
In addition, he is granted the appeal of ambaro requested by Mattos’s lawyers and he is ordered to “restore the violated rights and, consequently, recognize his rights to effective judicial protection and a process with all the guarantees in connection with his rights to personal freedom and freedom of residence and movement invoked by the appellant “.
Zero political ends
Indeed, although the ruling rules out that the case has political purposes – as argued by his defense – it denied all the allegations of the Prosecutor’s Office.
Mattos’s defense told EL TIEMPO that he had just learned of the decision and that, from what has transpired, it is clear that his client’s fundamental rights were violated within the process.
(See here all the articles of the Investigative Unit of EL TIEMPO) Furthermore, this decision affects the second extradition request, linked to the bribery case of Judge Ligia del Carmen Hernández.
INVESTIGATIVE UNIT
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@UinvestigativeET
