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The judge determined on September 22 that this decision cannot be made by her, but must also be made by her hierarchical superior: the Supreme Court of Justice.
For this reason, it decided to refer the case to the Plenary Chamber of the Court, which will have to define what is the law and penal system under which the case of the former president must follow.
Only until the Court determines who is competent to define the law by which the case should follow, said the judge, can it rule on whether former President Uribe is free or not.
The process
The court’s determination is due to the fact that the lawyer Reinaldo Villalba, who defends the interests of Senator Iván Cepeda, who is recognized as a victim in the process, announced that the file must be advanced under Law 600 because in his analysis he did not find grounds for the regulations are changed.
“The resignation of the seat only results in the change of instructor, not the change from the penal system to another. What is in question is the principle of the natural judge, not the norm by which he will be accused. The punishable behaviors that are being investigated against the former senator were carried out continuously, which is why they were started by law 600 and must be continued by that law ”, said the criminal lawyer.
For Villalba, the change in regulations is an erosion for the justice component, so he asked the judge to consider his request. Former prosecutor Eduardo Montealegre, who was present at the virtual procedure to declare himself as a victim in the process, also asked the judge to take into account the arguments of Cepeda’s defender.
Former Deputy Prosecutor Jorge Perdomo, who was also present at the proceedings, adhered to the arguments of the criminal prosecutors, considering that an abrupt change of regulations in the Uribe process “endangers the maintenance of the evidence, harms the victims and harms to the justice component ”.
For his part, the prosecutor in the Gabriel Jaimes case, assured that he did not agree with said claims, given that the acts for which Uribe was accused were committed during 2018, and in his judgment, “in ordinary justice the temporal factor is the one that requires the way to follow. The facts are subscribed to the year 2018, following the voices of the Political Constitution, the facts determine that procedure and the applicable one is the accusatory criminal system ”.
Jaimes added that it is important “to point out and emphasize that it is the time and opportunity of the occurrence of the events that determines this circumstance. By guarantee and the truth that the victims claim, the accusatory criminal system turns out to be the most suitable procedure in this case.
The delegate of the Public Ministry together with the lawyer Jaime Granados, defender of Uribe, accepted the arguments of the Prosecutor’s Office.
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