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Since the Supreme Court of Justice ordered the arrest of the former senator on August 4 and the president reacted by criticizing said decision, there are many guardianships of citizens who have asked different judicial authorities to take measures claiming that Duque violated different rights.
Some have prospered, such as that of a teacher in Santander who claimed that the president affected his right to equality and others that were rejected but were applauded by many citizens, such as that of a law student who felt his rights to free development of the law were violated. personality and freedom of expression and information.
In the most recent attempt, citizen Juan Felipe Rodríguez requested in his guardianship that the president be ordered not to make value judgments on the Uribe case and that he abide by the judicial decisions. In the text he stated that His rights to equality and due process as a voter of Senator Iván Cepeda – credited as a victim in the former president’s process – were affected, as well as those of all voters.
The guardianship had already been denied by the Superior Court of Cundinamarca, but at the insistence of the citizen, the decision was confirmed by the Council of State.
And it is that, according to the high court, Rodríguez does not have the legitimacy to file said protection because he is not part of the criminal process against Uribe nor did it have a “direct and particular interest regarding the request for amparo,” as the ruling, cited by El Espectador, reads:
“Voting at the polls does not give you the representation per se of the fundamental rights of whoever is elected. The plaintiff did not prove that he was a party to the criminal process or that he had been recognized as a victim; Nor did he state that he was acting as an unofficial agent of any of them, nor did he provide power to legitimize him to act on his behalf. Therefore, the invoked protection of due process and equality is inadmissible ”.
In other words, the citizen, in the judgment of the magistrates, confused political representation with judicial representation.
The Council of State also detailed that the arguments presented by the tutelante did not explain how Duque violated the rights he alleged, and added, according to Blu Radio: “It is evident that the plaintiff is not asking the judicial authority to guarantee a fundamental right that is being violated or threatened by a public authority”.
All of this led that court to confirm the judgment of first instance that the Administrative Court of Cundinamarca had delivered. Even so, the other two decisions of that authority that require the head of state to be impartial in the Uribe process and not to use the official channels of the Presidency to defend him remain in force.
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