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Yesterday, after the Supreme Court of Justice called President Álvaro Uribe Vélez for the alleged manipulation of witnesses, the senator announced via Twitter that he would leave his seat in Congress.
This has led several jurists, including high court sources, to claim that the resignation led Uribe to lose immunity, so that investigations against him would no longer be taken by the Supreme Court but by the prosecutor. general.
If the court were to determine that she had already lost jurisdiction, to ensure high court sources, not only would the case be sent for the new case of falsifying witnesses, but all proceedings against Uribe in this case society.
] These are, for example, investigations into the alleged manipulation of witnesses against Cepeda and the subsequent proceedings for the mbadacres of El Aro and La Granja, to which the High Court has recently declared crimes against # 39; humanity.
Consulted by EL TIEMPO, the magistrates affirm that if Congress accepts the resignation of the senator, the high court will evaluate if the criminal behavior for which it investigates had relation with its function of congressman or not. Some magistrates say that if it is discovered that this was not related to their function, the case will be forwarded to the Office of the Prosecutor to initiate the criminal process.
But in the panorama there is another position of some jurists who say that although Uribe resigns from the Senate, the Court is his natural judge.
Even, the same President Uribe ensured in a trine that whoever should follow the process is the Supreme Court. Today, his attorney went to the High Court to inquire about the appeal to the question.
I have never escaped the Supreme Court for what they now invent that the resignation of the Senate is to suppress competition.
The accusation about the witnesses that I am based on facts made in the time that I exercise as a senator, who maintains the jurisdiction of the Court
At that time, the Court had sent several files to the prosecution, finding that the parapolitical cases had no direct connection with the duties of a member of Congress, but it was changing its jurisprudence to to attack the investigations. links with paramilitaries in the criminal chamber.
Thus, at that time, the magistrates considered that the criminal acts occurred when the persons in question were members of Congress, a position they would have used to defend the interests of the paramilitaries. That's how the relationship was found.
But within the same court, still unofficial, some judges consider that the Constitution is clear that if the resignation of Uribe is formalized, the case will stop the Office of the Prosecutor:
"When the officials announced previously (The members of the Congress have ceased in the exercise of their functions, the competence will be maintained only for the reprehensible acts related to the functions exerted ", indicates an article of the Constitution.
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Tags Álvaro Cortes Court debate investigate jurisdiction Justicia Lost Supreme Uribe
