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The departure of the senator for the Farc Carlos Antonio Lozada party from Congress, after his confession about the crime of Álvaro Gómez, is one of the possibilities that was raised this Wednesday morning.
(In context: ‘Let it be evaluated whether it is compatible for Lozada to be a senator after confession’)
The possibility was put on the table by the High Commissioner for Peace, Miguel Ceballos, who affirmed that the Government, in the exercise of monitoring and complying with the peace agreement, will request the Special Jurisdiction for Peace (JEP) to “evaluate” the compatibility of the exercise of the position of senator ”of Lozada,“ with the recognition that he has just made ”.
“There is a senator of the Republic who is acknowledging that he executed the order that ‘Mono Jojoy’ gave him so that, through the Antonio Nariño urban network, this painful crime was committed and that it has affected the political life of this country ”, Explained Ceballos on W Radio.
(Also read: ‘You will never be president, thank God’: Paloma to Petro)
The official’s words came after Lozada himself admitted, in an interview with The viewer, which, together with the Antonio Nariño urban front, executed the order that the Farc had given to assassinate the conservative leader.
However, apparently the Lozada’s exit from Congress would not be such a simple matter, at least from a legal point of view.
We will not shield our responsibility in the armed confrontation nor will we attribute the decision to those who are no longer here today. We want the truth to be known, without intermediaries and without interpretations that obey agendas other than those of the full truth. https://t.co/O5f9xjBSjw pic.twitter.com/FbrI38XDYh
– FARC (@PartidoFARC) October 3, 2020
According to several experts consulted by EL TIEMPO, there would be six different paths by which Lozada could leave Congress: an individualized criminal conviction, loss of investiture, accepted resignation, permanent physical disability, nullification of his election and dismissal by the Attorney General.
(Recommended: Samper explains why he feels a victim of the FARC’s silence)
However, none of these grounds would apply in your case taking into account two elements: the first, that the 9 members of the former FARC guerrilla who are in Congress have immunity from ordinary justice and that, for this reason, they are being prosecuted in transitional justice.
This fact, in the opinion of experts, means that, for example, an individualized criminal conviction is not applied, as could happen in the case of Lozada.
Conservative leader Álvaro Gómez Hurtado was a protagonist of politics since the 1950s.
Álvaro Gómez Hurtado’s family archive
And the second reason is that the arrival of these ex-combatants to the Legislature was not through a popular election, as is the case with the rest of the political parties and movements, to which several of these grounds for leaving Congress do apply.
(You may be interested: The Senate will open mixed sessions with debate to the Minister of Defense)
Contrary to this, the The arrival of the ex-FARC members to the Capitol was the product of the peace agreement that was signed in the last government and that, as endorsed by Congress itself, is in force.
Thus, some observers have warned that the proposal that Lozada leave Congress would have a more political than legal component, which, surely, will be the subject of debate in the coming days.
Other policy news to read
The 23 crimes for which Uribistas demand the truth from the Farc
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What to expect from motions against the Minister of Defense
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