Jorge 40: Legal proceedings awaiting you in Colombia – Conflict and Drug Trafficking – Justice



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Rodrigo Tovar Pupo, alias Jorge 40, who arrived in Colombia on a plane around noon this Monday along with other deportees from the United States, awaits many years in prison, as he returns to answer for more than 1,400 investigations and pay at least five current convictions.

Tovar Pupo, who in the United States served 12 years for drug trafficking – of the 16 he had been convicted of -, has in the Prosecutor’s Office 35 arrest warrants and 38 arrest warrants, in addition to another 65 arrest warrants and 109 arrests preventive measures registered by the Transitional Justice Directorate of the accusing entity, which is in charge, among others, of advancing processes against ex-paramilitaries excluded from Justice and Peace.

(Read also: ‘Jorge 40’ will spend the night in the bunker of the Prosecutor’s Office)

It also has pending, among others, a 26-year sentence for the murder of Professor Alfredo Correa de Andréis, in 2004; another 19-year-old for the murder of two Anthoc union leaders in Soledad, Atlántico; one of 23 years in jail for the murder of a union leader in Barranquilla, Atlántico; and received early sentencing for the 2001 murder of two Drummond union members. She also records a 25-year sentence for the disappearance of 7 CTI investigators in Cesar.

For this, the immediate future of “Jorge 40” is in jail, where he will have to serve his sentences. Although you could ask an enforcement judge to count the time you paid in the US, that discount will not help you get free anytime soon.

(You may be interested in: Pending accounts of former paramilitary Jorge 40 in Colombia)

As Tovar was excluded from Justicia y Paz in 2015, after refusing to attend the 48 free versions to which he was summoned after his extradition, He will not be able to receive benefits – such as the alternative 8 years in prison that transitional justice provides – for the processes that are pending, but he is exposed to new sentences of up to 40 years.

If he receives those sentences and if nothing extraordinary happens, ‘Jorge 40’ – who is 60 years old – could die deprived of his liberty. For now, he spent his first night in the prosecutor’s bunker while Inpec defines which jail he is sent to.

According to the Prosecutor’s Office, ‘Jorge 40’ has 1,486 investigations for forced disappearance, conspiracy to commit a crime, homicide of a protected person, training for assassin activities, kidnapping for extortion, homicide for terrorist purposes, qualified theft, drug trafficking, forced displacement, recruitment of minors and torture of a protected person, among others.

(We recommend: The debts in the reparation of the ‘expara’ Mancuso to the victims)

After his arrival in the country, the High Commissioner for Peace, Miguel Ceballos, said that Tovar “will have to answer to justice and the victims for his pending accounts in the country.”

Your debts are not only judicial, but also in truth and reparation. As read in his ruling of exclusion from Justice and Peace, after their absence from the free versions, 1,976 questions from the accredited victims remained unanswered.

Likewise, the Prosecutor’s Office pointed out that their answers were also missing for more than 5,000 crimes that occurred during the time that he led the Northern Bloc. 20,855 facts are attributed to that block, of which only 99 could be treated in the free versions that ‘Jorge 40’ managed to attend before his extradition.

(Further: More ‘exparas’ say they are willing to go to the Truth Commission)

The door at the JEP

'Jorge 40' after his arrival in Colombia.

‘Jorge 40’, after his arrival in Colombia.

Photo:

Migration Colombia

Although Tovar was expelled from Justice and Peace, in September 2019 he knocked on the door of the Special Jurisdiction for Peace (JEP). The JEP – which would be the only way he could have to regain his freedom – asked to enter as a civil third party and assured that in free versions in Justice and Peace he had confessed “more than 800 facts.”

He added that his exclusion had been “unfair” and that there he had no security guarantees, something that, he said, could be provided by the JEP, to which he offered to contribute “comprehensive truth and sufficiently broad commitments regarding reparation and non-repetition as to contribute in some way to the compensation and exaltation of the dignity of the victims ”.

‘Jorge 40’ was rejected by the Chamber for the Definition of Legal Situations of the JEP in December 2019, but in August of this year, the court granted him the appeal, with which the former paramilitary still has a chance. His case, in second instance, is analyzed by the Appeal Section of the Tribunal for Peace, which will have to define whether the JEP will have a place or not for the former head of the North Block.

Other Justice notes that may interest you:

Prosecutor’s Office reiterates request by police officers who fired in protests

Why did the Court stay with the Uribe process and the ‘ñeñepolítica’?

JEP calls a version of ten Farc middle managers for kidnapping case

JUSTICE
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