Gabriel Arango Bacci: Prosecutor’s Office asks for forgiveness for unfair capture – Investigative Unit

“In a respectful and formal way we address you and your family, to
offer you a heartfelt and sincere apology for the deprivation of liberty of the
that you were the recipient of the criminal proceeding against you. This in
attention to the moral duty that assists the entity and in order to give
compliance with what was ordered by the Honorable Council of State, Chamber of
Administrative Litigation, Third Section, Subsection “B” 1, in judgment dated October 9, 2020 “.

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Thus begins the letter with which the Prosecutor’s Office has just offered a private apology to Admiral Gabriel Arango Bacci for having arbitrarily captured him for 16 months.

EL TIEMPO had first access to the document signed by Astrid Torcoroma Rojas Sarmiento, Executive Director of the Attorney General’s Office.

The document was delivered this morning to Arango who will have to define, together with his lawyer Jaime Granados, if he is satisfied or asks that the apology be public.

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“The Office of the Attorney General of the Nation wants, through this letter, to recognize the
pain that this fact caused you and your family. Although this
Communication does not guarantee full compensation for the damage caused, for the
Institution is very important that you have the conviction that we are working,
without rest and with all the commitment, so that this type of situation does not
be repeated “, admits the official in her letter.

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And he adds: “The criminal investigation carried out against him was initiated by virtue of
information that was brought to the attention of the Attorney General of the
Nation in relation to the alleged participation of officers and non-commissioned officers
active and retired from the Navy in acts of corruption. In view of this,
the Prosecutor’s Office initiated a series of procedures and made decisions that it considered
adjusted to the constitutional and legal provisions that govern this type of
performances. Indeed, the presumption of his innocence remained unscathed
throughout the criminal process and, in no way, was it distorted, including
after the insurance measure that temporarily deprived you was imposed
of their freedom. “

The explanations

And he ends by giving the following explanation: “Despite this, the Honorable Council of State analyzed the particular characteristics of his case, and through the order that summons us, considered that the actions carried out by the Attorney General’s Office and, in In particular, the preventive detention insurance measure affected their rights to good name and human dignity. “

For this reason, in accordance with the ruling, on behalf of the Attorney General’s Office, he presented “sincere apologies for the pecuniary and non-pecuniary damage caused to you and your family, in the course of the criminal investigation.”

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Failure

For the unjust deprivation of liberty of Admiral Gabriel Ernesto Arango Bacci, the Council of State condemned the Nation and the Prosecutor’s Office on December 2.

The ruling also protects the family of the officer, now retired, who was held for 16 months in an alleged process for alleged links with drug trafficking.

His lawyer, Jaime Granados, requested that the Nation and the Public Prosecutor’s Office be declared administratively responsible for the material and moral damages caused to the plaintiffs, as a result of the unjust deprivation of liberty, from June 19, 2008 to June 3 December 2009, for acts that he did not commit, as later determined by the Criminal Chamber of the Supreme Court of Justice, in a ruling of December 3, 2009.

INVESTIGATIVE UNIT
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