Uribe responds to protection of Iván Cepeda against him and his sons Tomás and Jerónimo

This Friday, November 13, it was learned that the lawyer Jaime Granados filed a memorial to respond to the protection filed by Senator Iván Cepeda against former President Álvaro Uribe Vélez and his sons Tomás and Jerónimo.

According to El Tiempo, Iván Cepeda assures that former senator Uribe and his children violate the fundamental rights to their dignity honor, good name, the right to privacy, the presumption of innocence as an integral guarantee of constitutional due process and image.

For the congressman of the Democratic Pole, the ex-president is orchestrating a smear campaign against him through the media and members of the Democratic Center.

After referring to the investigation against Uribe, for alleged bribery of witnesses and procedural fraud, in which he is a victim, Cepeda refers to other processes -like the loss of investiture- that have been advanced against him.

In the text, the senator says that in interviews and trills they have accused him of being an “accomplice” in Uribe’s “kidnapping” -after the imposition of house arrest on the right-wing politician- and of buying witnesses against the president.

In his tutelage, Senator Cepeda annexes several of those screenshots published on networks.

The judge in the case gave the Uribe defense team 12 hours to reply and the newspaper El Tiempo reproduces the response on its news portal.

In this text, Granados requests to declare the guardianship as inadmissible for not meeting the provenance requirements established in the jurisprudence of the Constitutional Court, since it warns that Álvaro Uribe does not provide a public service at this time, nor the facts, as the senator says Cepeda.

In fact, it emphasizes that Senator Cepeda is not in a situation of subordination or defenselessness that generates, de facto, the “impossibility of defending his rights” (as he says in the guardianship), because only in this way would the intervention proceed of the constitutional judge.

In this regard, Cepeda affirms that the Uribe’s comments create a social impact, for using the media, but Granados assures that the senator omitted that, according to that jurisprudence, the plaintiff has the burden of proof in order to prove the alleged defenselessness in the one found with respect to Álvaro Uribe Vélez.

Another argument from Granados points out that “in this case, it is important to note, beyond the use of mass media, that Dr. Álvaro Uribe Vélez has not made the assertions on which the plaintiff claims, acting as a means of communication or as a journalist”.

For Granados in this circumstance “There is a parity” between Cepeda and Uribe and even goes so far as to assure that Iván Cepeda is a senator, while “Uribe is a citizen without any jurisdiction and investiture.”

In the text, Uribe’s lawyer maintains that the opinions expressed by the former president against Cepeda on social networks or the media do not put the senator in a defenseless situation.

He insists that Iván Cepeda has mechanisms to safeguard his rights, since he can request rectification or reply. Granados points out that the senator has used legal means, before the guardianship, to protect his rights.

“Today, platforms such as Twitter can withdraw tweets, suspend accounts and even question the content of a tweet in the face of false or disputed statements, with which it is evident that the plaintiff was not in a defenseless scenario that would enable direct intervention of the Guardianship Judge ”.

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