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In August 2020, the Investigation Chamber of the Supreme Court of Justice sentenced former Justice and Peace prosecutor Hilda Jeaneth Niño Farfán to a sentence of 64 months in prison – that is, about five years in prison-, as a co-author of the crime of own bribery.
The conviction against Niño was given because, being a prosecutor of that transitional justice, he used his position to receive gifts from Miguel Ángel Melchor Mejía Múnera, ‘el Mellizo’, and from Orlando Villa Zapata, to allow them to receive the benefits of Justice and Paz, despite the fact that they were pure drug traffickers who could not be part of that jurisdiction created for the paramilitaries.
(In context: Court sentences former prosecutor Hilda Niño Farfán to 5 years in prison)
Niño has been arrested and detained since 2017, long before she was convicted. For this reason, when the sentence was final, last August, it was already expected that the former prosecutor would granted the benefit of conditional release, which occurred on December 24, after a decision of the 22nd Court of Execution of Penalties of Bogotá.
According to the ruling of this court, the former official has already served more than three-fifths of her 64-month prison sentence, since she has been physically interned for 42 months and, in addition, has redeemed another 11.
In addition, they assure that “it is not necessary for her to continue deprived of liberty” because “her readjustment process becomes positive, her good behavior during the time deprived of liberty in formal confinement and, on the other hand, the absence of disciplinary sanctions, lead to the discernment of the real value of freedom. “
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The former prosecutor Niño, however, will have to appear monthly before the judge and pay a bond prior to being released.
The performances of Hilda Niño
According to the decision by which this former prosecutor was convicted in August, Niño Farfán received large sums of money to “carry out work aimed at presenting Villa Zapata and Mejía Múnera as members of a paramilitary group, despite the fact that he was aware of their simple condition of drug traffickers “.
Thus, the Court affirmed, the former prosecutor availed herself of her condition as a public servant, using “her position as an instrument of injustice and undue enrichment.”
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Of this situation, the Court said, the judicial police reports that collected the interviews with the assistant that Niño had in the Prosecutor’s Office, Iván Darío González Cañón, as well as the lawyer of the ‘Twin’, Juan Carlos Restrepo Bedoya, gave an account. Another proof was the text messages that Restrepo and Niño shared.
In his statement, Niño’s assistant said that she received money from Restrepo in exchange for charging the candidates Mejía Múnera and Villa Zapata with charges that were part of the armed conflict, such as forced disappearance, displacement, homicide, among others, with the in order to pass them off as members of Self-defense groups. The money was brought in cash to his apartment or through his relatives.
And the text messages, the Court said, gave an account of the payments made to the former prosecutor, totaling 14 transactions ranging from 2 to 48 million pesos.
Niño was also prosecuted for other crimes, in addition to bribery for which he received that sentence. She was charged with the crimes of procedural fraud, influence peddling of public servants, embezzlement by appropriation and embezzlement by use.
However, in the face of these charges, the criminal proceedings against him were suspended, since the Attorney General’s Office applied a principle of opportunity to Niño.
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Niño Farfán is one of the people who appeared in the Supreme Court file against former president and former senator Álvaro Uribe Vélez, in the process of alleged bribery of witnesses and procedural fraud.
According to the file, he was offered gabelas in exchange for discrediting the investigation against Santiago Uribe. In July 2018, the prosecutor had said in a hearing that supposedly from the Eduardo Montealegre Prosecutor’s Office a plan had been hatched to muddy the Uribe Vélez.
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