Although President Gustavo Petro denies having been pardoned after belonging to the M-19, a different version was given by one of his defenders, Rafael Barrios Mendivil, in an article he wrote for the José Alvear Restrepo Lawyers Collective, of which he is a founder.
He said he was the lawyer for the current head of state "in the administrative procedure carried out by the 13th Brigade due to his status as a rebel" and cleared up doubts about the alleged impediments the politician would have to access public office.
In the text known by SEMANA, Barrios Mendivil mentioned a demand for loss of investiture that sought to overturn Petro's election as senator between 2006 and 2010, by the Polo Democrático Alternativo party.
That action was brought by citizen Orlando Parada, who raised the issue of an alleged violation of the disqualification regime:"He was convicted of a common crime, carrying a weapon, and sentenced to 18 months' imprisonment. Petro was captured and transferred to Modelo prison, where he remained until February 6, 1987, when he was released after serving his sentence."
Petro's lawyer cited his defense at the time, discussing the legality of his election to the Senate:"Petro argued that he invoked Law 77 of 1989 and Decree 206 of 1990, the Superior Court of the Judicial District of Bogotá, Criminal Chamber, granted him the status of member of the M-19 and ceased the proceedings against him."
He added: “This recognition was based on the fact that in August 1984, Petro, having been elected councilman of Zipaquirá for the 1984-1986 term, joined the April 19 Movement, M-19, as a member of the Cundinamarca National Dialogue Command. He led the Bolívar 83 Association, whose objective was the construction of housing for 400 poor families.”
Law 77 of 1989, signed on December 22, 1989, by President Virgilio Barco, established:"The President of the Republic is empowered to grant pardons and regulate cases of cessation of criminal proceedings and the issuance of restraining orders in the development of the reconciliation policy." Decree 206 of 1990 was responsible for regulating that law.
The lawyer explained that this claim did not prosper in the Council of State because the judges considered that the then senator "was part of the rebel organization M-19 and, in that capacity, requested the benefit of cessation of proceedings in accordance with articles 10 and 11 of the law of 1989 and its regulatory decree 0206 of 1990, ordered to cease the proceedings against Petro, who as a member of the M-19 was being tried for rebellion and related crimes."
Based on this, Rafael Barrios Mendivil interpreted:"In other words, Petro did not incur any disqualification from taking office as a senator, because, at the time of the events, he belonged to a political group and was a clandestine member of the M-19 movement, and the possession of weapons is connected to the crime of rebellion."
In the same communication, he explained the versions for which Petro's name is not found on the list of those amnestied and pardoned:"It turns out that the Ministry of Justice, in an official letter dated February 3, 2012 and in a communication dated February 12, informed the Superior Court of the Judicial District of Bogotá, Criminal Chamber, that Gustavo Petro was included in the lists referred to in the current regulations".
And he concluded: "It is the Colombian justice system itself that refutes those who maintain that Senator Gustavo Petro was neither amnestied nor pardoned, and therefore is not a political activist. I had the honor, as a member of the José Alvear Restrepo Lawyers' Collective, of serving as his lawyer in the administrative proceedings brought by the 13th Brigade for his status as a rebel. It was not, and is not, our intention to defend common criminals."
