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The decision of the Prosecutor’s Office to carry out the investigation against former president Álvaro Uribe Vélez under the rules of the new accusatory criminal system would be key when defining whether the former president should continue with a security measure or if he is immediately released.
The defense of the former president formally requested a hearing to request his freedom, something that in principle had asked the prosecutor Gabriel Jaimes Durán, who denied it, considering that this decision should be adopted by a judge and not by the prosecutor.
(Also read: Freedom of former senator Álvaro Uribe must be decided by a judge)
Jaimes indicated at the time that the process, when passing from the Investigation Chamber of the Supreme Court to the Prosecutor’s Office, would no longer be advanced by the old investigation system and in which the investigator of the case is the one who decides on the freedom of the accused .
At nine in the morning this Wednesday, a guarantee control judge from Paloquemao, who was responsible for the process by lottery, will install the hearing in which Uribe’s defense will ask for his immediate release.
(You may be interested: Court refers to the Prosecutor’s Office the process against Uribe for the El Aro massacre)
After the intervention of the defense of the former president, the turn will be for the Prosecutor’s Office, the Attorney General’s Office and the lawyer representing Senator Iván Cepeda, credited as a victim in the investigation for procedural fraud and bribery. At the end of the procedure, the judge of the case may make his decision known or take time to examine the momentous situation.
Criminal lawyer Marlon Fernando Díaz pointed out that Uribe’s defense will make his request arguing “that the assurance measure imposed by the Court’s Investigation Chamber lost force, by changing the procedural scheme, because in the accusatory system no accusation has been made and this is a prerequisite for there to be a measure and for there to be a written accusation later.
(Also: Why didn’t the Court remove the Attorney General from the case against Uribe?)
He added that under those theses, it is feasible that he be granted his freedom, not because of any questioning of the Supreme Court’s decision but attending to the system change.
For his part, the criminal lawyer Francisco Bernate indicated that the judge must indicate that the process must continue under the rules of the old system and in that sense declare himself prevented from making a decision, passing the ball back to the Prosecutor’s Office.
In turn, the lawyer Andrés Garzón pointed out that the two systems cannot be mixed and in such situations the principle of favorability for the accused must be applied. He added that in the new system, for example, the evidence valued by the Court at the time, such as telephone interceptions, must be taken to legalization before a guarantee control judge and, therefore, they cannot be taken into account this Wednesday during the hearing to request their release.
(We recommend: ‘The process against Álvaro Uribe must start from scratch’: Director of Excellence in Justice)
Senator Iván Cepeda, credited as a victim, pointed out this Tuesday that the house-to-prison measure against former President Uribe should be maintained, considering that since it was taken, “he has not stopped conspiring and threatening the administration of justice.” Likewise, he considered that an “independent and impartial trial” must be advanced and the entire investigation should not be started from scratch.
On the other hand, this morning the Court’s Investigation Chamber sent the Prosecutor’s Office the preliminary investigation against Uribe Vélez in the cases of the El Aro, San Roque and La Granja massacres, as well as the homicide of the human rights defender Jesús María Valle, of whom the former president has insisted on his innocence.
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