Petro: What experts say about the request to release young detainees – Crimes – Justice

According to data from the Prosecutor’s Office, from May of last year to date There are 163 arrests for acts of violence in the protests, most have been endorsed by judges who considered that there was evidence that pointed to the people committing the imputed crimes.

(Also: The future of relations with the US, Venezuela and Nicaragua with Petro)

The same attorney general, Francisco Barbosa, told EL TIEMPO: “If the President-elect wants to seek the release of young people who committed crimes, he should ask Congress to change the law and not the Attorney General,” and invited the next president to process their debates “institutionally and not personally, taking into account the harmonic collaboration of public powers. The law in Colombia is complied with in accordance with articles 6 and 29 of our political charter”, he stated.

Criminal lawyers have also spoken on the subject. Francisco Bernate, president of the Criminal Lawyers Association of Colombia, stated, first of all, that it is inaccurate to ask the prosecutor for a release because these people are deprived of their liberty by orders of judges. “The President of the Republic must respect the autonomy of the judiciary, he must not give orders to the attorney general, the legal resources should be used so that these people regain their freedom before the judges,” he said.

(We recommend: Eln announces ‘willingness’ to restart the peace process with Petro)

At this point it must be remembered that the penal system by which the Prosecutor’s Office is governed is the Criminal Procedure Code (Law 906 of 2004) which, unlike Law 600 of 2000 (the old penal system used by the Supreme Court), it is more guarantee-oriented in the sense that it establishes that it is not the prosecuting entity that autonomously decides to impose security measures, but that this is decided by guarantee control judges, who evaluate the requests of the prosecutors and determine if it is necessary or not. , limit the freedom of someone in the course of a judicial process.

Other lawyers have recalled that in Colombia there is a division of powers and criticized that Petro’s words could be read as an interference by the future executive branch in the judiciary.

Criminal lawyer Iván Cancino said that “all governments are criticized for interfering in areas that are not their own, for trying to let the control bodies and the courts do their job… We really would like everything that is criticized for part of a person, when he reaches the government, he respects it,” he said.

He also mentioned that it is very different to “send guidelines through a government program or a criminal policy, which we hope the candidate will draw up and be assertive, purposeful and constructive; and another thing is, in a newly chosen speech, to send invitations usurping powers”.

In this sense, criminal lawyer Camilo Burbano also spoke, who pointed out that “it does not leave the best impression that in the first act as president-elect Gustavo Petro tries to influence decisions that are eminently judicial and have to do with branches of power that are not part of of the Executive”.

Even the former vice president and senator-elect Humberto de la Calle considered Petro’s allusions “unnecessary” and described them as “impertinent”, in an interview with RCN radio.

In his speech, Petro also asked the Attorney General’s Office to lift the suspensions of mayors who were removed from office during the campaign, such as the president of Medellín, Daniel Quintero, and although no response has been received from the attorney Margarita Cabello, the truth is that earlier on Sunday she herself had clarified that the suspensions for alleged participation in politics will be lifted after the voting is over, since the reasons for which they were imposed have disappeared, that is, allegedly trying to use her position to influence the electoral campaign that has already ended.

(You can continue reading: These are the names that sound for Gustavo Petro’s cabinet)

Faced with this message from Petro, the President of the Criminal Lawyers Association added: “The President cannot be giving instructions to the Attorney General’s Office, it is a control entity, it is not the judiciary but it is not an organ of the Executive branch either. (Petro) he can express himself as a citizen but not give orders, ”he concluded.

On Twitter: @Justicia_ET

Leave a Comment