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On the morning of this Wednesday, before a judge from Paloquemao, the hearing to request the release of the former president and former senator Álvaro Uribe Vélez is held, who is in house arrest due to a decision of the Supreme Court of Justice, for the alleged crimes witness bribery and procedural fraud.
After Uribe’s resignation from the Senate, the Court determined that he lost competence to take his case and the process went to the Prosecutor’s Office, which indicated that it will be carried out under the rules of the new accusatory criminal system. This is why the freedom or continuity of the insurance measure against him cannot be defined by the Prosecutor’s Office. but a guarantee control judge.
(Also read: The points that the judge who will decide Uribe’s freedom will have to analyze)
The defense of the former president will ask for his immediate release, then the Prosecutor’s Office, the Attorney General’s Office and the lawyer of Senator Iván Cepeda, credited as a victim in the investigation, will express their position in this regard. In the end, the judge may make her decision known or take time to examine the momentous situation.
(You may be interested: Court refers to the Prosecutor’s Office the process against Uribe for the El Aro massacre)
At the beginning of the hearing, Reinaldo Villaba, Cepeda’s lawyer, made a request that the Uribe process continue to be carried out by Law 600, with which it came before the Supreme Court, and not by Law 906, the new Accusatory Penal System, which was the system to which the Attorney General’s Office changed the case when it received the file.
According to Villaba, although the Supreme Court established that he lost competence to continue with the case, it cannot be said that there is a change in legislation, but that there was only a change in who investigates: the Prosecutor’s Office and not the Court’s Investigation Chamber.
“The procedure is maintained because it was the one in force at the time in which the alleged commission of the facts under investigation occurred,” said Villaba, stating that what you are questioning in this case is who the natural judge should be, a situation that is not only enshrined in favor of the accused, but is an institutional guarantee that “protects the independence and autonomy of justice.”
An eventual trial would also be before the Criminal Chamber of the Supreme Court of Justice because the conduct occurred as a senator
Villalba added that in addition the competent in this case must be a prosecutor delegated to the Court, “Because an eventual trial would also be before the Criminal Chamber of the Supreme Court of Justice because the conduct occurred as a senator.”
He also pointed out that it should be considered that what was acted upon by the Supreme Court, under Law 600, has the quality of evidence, but if it is transferred to Law 906 that quality is lost and it can hardly be considered an element of probation or evidence, leading to what the Supreme Court of Justice has done loses its scope.
(Also: Why didn’t the Court remove the Attorney General from the case against Uribe?)
Former Attorney General Eduardo Montelegre, who asked to be accredited as a victim in the process, agreed with Villalba and stated that the competent judge for when the events were committed was the Supreme Court, in Law 600, so the judgment corresponds to the Court Supreme “Here, although the investigation can be carried out by the Prosecutor’s Office with a prosecutor delegated to the Court, It is absolutely clear that the trial would correspond to the Trial Chamber in the first instance and to the criminal cassation chamber of the Court, “he said.
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