1 Court denied appeal requesting freedom of “Jesus Santrich”


The Superior Court of Bogotá denied on Sunday the appeal of Habeas Corpus, whose purpose was to verify the legality of the capture of “Jesus Santrich” and to grant him immediate freedom. The magistrate of the civil court, Clara Inés Márquez, determined that the Prosecutor’s Office has not lost the terms to formalize the extradition request of the former FARC head so there is no place to be granted freedom. The appeal was filed last Friday by Gustavo Gallardo, criminal lawyer and who defends the interests of Santrich. For this, the way the Office of the Attorney General of the Nation advanced the request of the US court was “extremely fast”, an attitude that he described as the trigger for a series of flaws that make the arrest of Santrich illegal. He also said that “it has generated an undue prolongation of the effective restriction of freedom.” For the Superior Court of Bogotá, these terms have not expired in order to formalize the request for extradition of the former head of the Farc ‘Jesus Santrich’, because there is no place to be granted freedom. In addition, the Court determined that the extradition process has not been initiated, which is why the referral of the process to the Special Jurisdiction for Peace does not apply. “Consequently, although the United States, as reported by the accusing body, has not formalized the extradition request for the case to be sent to the JEP, the truth is that the terms contemplated in the rule described have not expired, ergo, the current arrest of Mr. Seuxis Paucias is justified, “he adds. According to the judgment of the Court, Mr. Santrich will remain deprived of his liberty, in compliance with the procedures established by law. Prosecutor’s office has not legalized his capture Although the capture of Santrich was last Monday, for crimes related to drug trafficking, the Attorney General of the Nation has not legalized his capture, despite having only five days for that procedure. It was learned that this process has not been carried out because the investigating body has not received the required documentation to comply with said process. To carry out the legalization of capture of the ex-member of the guerrilla group, the prosecutor must study the reports made by the CTI of the Office of the Prosecutor, in the same way the US Government must provide a series of papers that show the reasons why he was arrested . Once the documentation is sent to the Office of the Prosecutor, the head of the accusing body must proceed with the process. After this, the authorities of the United States will have 60 days to formalize the extradition request of the ex-negotiator of the FARC. Once this process is carried out, added the Office of the Prosecutor, the Special Jurisdiction for Peace (JEP) must issue a concept in which it defines whether the facts on which there is evidence were committed after the signing of the peace agreements with the National Government, that is, if they occurred after the first of December 2016. In case the concept of the JEP determines that the ordinary justice is in charge of carrying out the process, this in case the crimes have been committed after said date, the Supreme Court of Justice must perform the respective study to the extradition request presented by the United States. Finally, the decision will remain in the hands of the President of the Republic. In this regard, President Juan Manuel Santos was clear in stating that “if due process – and with irrefutable evidence – there is room for extradition for crimes committed after the signing of the Agreement, my hand will not shake to authorize it, prior to the concept of the Supreme Court, “said the president.


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