On Tuesday, August 19, the Criminal Chamber of the Superior Court of Bogotá ordered the immediate release of former President Álvaro Uribe Vélez.
The court ruling upheld the former president's fundamental right to liberty. Consequently,"paragraph four" of the decision issued on August 1 by the 44th District Court of Bogotá was repealed.
"Consequently, order the court in question to immediately issue the release order in favor of the guardian," highlights the decision signed by Judge Leonel Rogeles Moreno.
In this regard, it was asserted that the former president's deprivation of liberty was unjustified, since he always responded to court summonses and defended himself in freedom.
"The analysis that motivated the immediate arrest of the guardian failed to comply with the criteria of necessity, appropriateness, proportionality, and reasonableness, as it was limited to arguments that were mostly generic, ambiguous, subjective, unrelated to the procedural reality, and/or unproven, to the detriment of the fundamental prerogative of individual liberty," the ruling emphasizes.
The lawsuit, which was filed on August 4, requests the protection of the fundamental rights to human dignity, due process, the presumption of innocence, and freedom.
Iván Cepeda's response
Following the ruling, Iván Cepeda, Uribe's plaintiff in the investigation into false witness tampering, said he accepts the Court's decision, but does not agree with it.
"The first thing is that we, as victims, have always respected and complied with judicial decisions. Of course, we comply with this one, but we don't share it," Cepeda stated.
He said he is absolutely certain that "the convicted former President Álvaro Uribe Vélez has been carrying out numerous actions to pressure the judiciary, a campaign against us. And we believe that the measure imposed by Judge Sandra Heredia, in part, was to protect us from this type of action."
Cepeda stated that the appeal will come,"the actions that we will likely take. But with all calm and serenity, we say: we respect that decision and will proceed from our perspective on what we consider appropriate."
The ruling against Uribe Vélez
Former President Uribe was sentenced in a first-instance ruling to twelve years in prison for his involvement in the crimes of procedural fraud and bribery in criminal proceedings.
In that decision, the judge considered that the former president could obstruct the administration of justice by traveling to another country.
For this reason, he ordered house arrest."This measure not only has a deterrent and intimidating effect that prevents the commission of crimes against the person involved and nationals, but it also avoids the negative perception in society that people can continue to enjoy their freedom despite a conviction when the requirements for this are not met and the presumption of innocence has already been dismissed in the first instance."
"This is a person who enjoys public and social recognition, a benchmark for the country's leading circles. Therefore, allowing them to continue exercising their freedom of movement despite the violation would be a misconception that equality before the law does not exist in the legal system. To uphold the deterrent power of the rule of law, trust, and institutionality, their arrest is imperative. It is also crucial to emphasize that the attack and the request undermined institutional credibility and the public's trust in institutions," the judge stated at the time.
On August 13, his defense attorney filed an appeal before the Criminal Chamber of the Superior Court of Bogotá, requesting that the ruling be overturned.
The appeal describes the conviction as “erroneous and unfair”, since “the procedural reality shows that an alleged determination was not proven nor was the occurrence of the events demonstrated.”
Former President Uribe was serving his house arrest at his residence in the municipality of Rionegro (Antioquia).
In various videos posted on his social media, the former president questioned the 44th trial judge's failure to evaluate various pieces of documentary, testimonial, and technical evidence.
This is the full decision
Superior Court orders the immediate release of former President Uribe by Rafael Pérez-Becerra
