Condemnation of the Navy for the arrest of a man designated as a guerrilla – Courts – Justice

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The man regained his freedom and was arrested again six months later by the Sijín de la Police, and in October 2003 he was found innocent. Given this, he and his family sued the Nation seeking reparation for the damages caused.

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The Navy appealed, stating that the arrest was due to the fact that the man had been identified by witnesses as being a member of the Farc and that it was the Prosecutor’s Office that imposed the measure that deprived him of his freedom during this criminal proceeding.

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In the second instance, the Council of State reiterated the responsibility of the two entities in causing the damage to this man since his arrest did not take place in flagrancy nor with the prior written request of the competent authority, as required by the regulations applicable at the time of the events (Articles 345, 346 and 350 of Law 600 of 2000).

As proven in the process, the capture and custody of this citizen occurred solely for the collection of intelligence information, in which a civilian and later a demobilized person indicated that he was militiaman of the Farc in the Montes de María.

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Thus, after ratifying the conviction against the defendant authorities, the Council of State reduced the value of the reparation for moral damages to six monthly minimum wages in force and compensation for lost earnings, for the time during which the National Navy kept the defendant in custody.

Meanwhile, the Prosecutor’s office he reconciled with the family to pay 70 percent of the sentence imposed by the Administrative Court of Sucre.

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