The Criminal Chamber of the Superior Court of the Judicial District of Bogotá ruled on a tutela action in favor of former President Álvaro Uribe Vélez, currently sentenced to 12 years of house arrest for bribery in criminal proceedings and procedural fraud. The Court upheld his right to personal liberty after Judge Sandra Liliana Heredia ordered his immediate detention.
“ TO RENEW the fourth paragraph of the judgment issued on August 1, 2025, by the 44th Criminal Circuit Court of Bogotá, insofar as it ordered the immediate deprivation of liberty of citizen Álvaro Uribe Vélez ; until such time as the corresponding criminal decision chamber of this Court decides on the appeal filed against this first instance determination,” the Court’s document reads.
Consequently, the 44th Criminal Court was ordered to issue a release order for the former president. This means that the former president will be able to enjoy his freedom while his legal situation is determined, given that his defense has filed an appeal against Judge Heredia's conviction. This appeal will be reviewed by the Superior Court of Bogotá.
Why did the judge order the immediate arrest of Álvaro Uribe?
During the August 1, 2025, hearing in which the former president's conviction was announced, Judge Sandra Liliana Heredia ordered the immediate house arrest of the now convicted man, believing that the Colombian population must be sent the right message regarding the administration of justice.
"We believe that the immediate deprivation of liberty is necessary to ensure the preservation of peaceful and harmonious coexistence among citizens," the judge stated in the hearing.
He also asserted that, although the former head of state attended all the hearings to which he was summoned, showed diligence, and participated in the entire criminal proceedings, without evading judicial authorities, the deprivation of liberty was essential to prevent a possible escape. He considered that he would have had an opportunity to escape abroad and avoid serving the sentence imposed on him.
"Given the occupations he stated he carried out, his great international recognition, it is easy for him to leave the country to avoid the imposed sanction ," he explained.
The Court's arguments in favor of Álvaro Uribe's freedom
The Criminal Chamber of the Superior Court of Bogotá rejected the judge's arguments, stating that, given the former president's behavior during the trial and his voluntary attendance at all summonses, there is no need to immediately deprive him of his liberty. It also indicated that the judge is not empowered to make such decisions based on a subjective perspective.
“ The judge is not allowed to justify the decisions based on subjective, generic or abstract criteria, which prevents an adequate exercise of the contradiction, especially when fundamental guarantees such as freedom are restricted,” he explained.
On the other hand, it warned that the judge disregarded"the principles of pro libertatis, pro homine, proportionality, and the presumption of innocence" when she ordered the immediate arrest of Álvaro Uribe, under the erroneous argument that this measure serves to atone for his sentence and is proportional to the harm caused by his criminal actions. In the Court's opinion, there is still no final conviction against the former head of state.
Likewise, he stated that there is no risk of evidence tampering or of the truth being compromised, as the judge had stated, since the evidentiary phase has already been completed. In that sense, all the evidence has already been collected, discussed, and assessed.
“ The analysis that motivated the immediate arrest of the guardian did not comply with the criteria of necessity, adequacy, 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 freedom,” he concluded.
