The former paramilitary commander Salvatore Mancuso Gómez must remain deprived of his freedom in La Picota prison in Bogotá. This Friday, the Justice and Peace Chamber of Bogotá returned the file so that the request made by the defense of the former head of the AUC can be defined in substance.
Judge Álvaro Fernando Moncayo, of the Justice and Peace Chamber, warned that there is a “legal vacuum” in the proceedings against Mancuso Gómez after the Special Jurisdiction for Peace (JEP) announced that it had the authority to study and know in depth the legal situation of the former paramilitary leader.
The court decision stated that the court of execution of sentences The court, which is aware of the proceedings against Mancuso, must resolve the request for freedom submitted by the defense of Salvatore Mancuso Gómez, for which reason it returned the file so that a statement can be issued in the coming days.
“The court notes that in exceptional circumstances in cases involving fundamental rights “like the freedom of the postulate, the natural judge in charge of overseeing the sentences is not only authorized, but obliged to rule on petitions that involve the issue of maximum freedom when jurisdiction is claimed,” the magistrate specified.
In the analysis of the case, it was pointed out that one cannot lose sight of the fact that the issue of a person’s freedom is being dealt with, a situation for which a pronouncement without delays and evasions.
“The Court concludes that by applying the principle of origin, and the weighing of principles, as the mechanism for its solution, priority should be given to the protection of the right to freedom of postulate. Any decision to suspend proceedings must be strictly necessary, proportional and reasonable, always seeking the least harmful alternative for the postulate, while the process of the positive conflict between jurisdictions as has been raised is carried out before the honorable Constitutional Court,” he clarified.
Since last February, Mancuso Gómez has been in a maximum security cell in Bogotá’s La Picota prison. This is after being deported by the authorities of the United States, a country where he served a 17-year prison sentence for crimes related to drug trafficking.
On several occasions, Mancuso has requested his release due to a served sentence, ensuring that he has already complied with the restrictive measures established by Justice and Peace.
However, his proceedings are in limbo after the Special Jurisdiction for Peace (JEP) claimed jurisdiction and knowledge of the current files of the former paramilitary commander.
This situation has led to a conflict of jurisdiction is raised before the Constitutional Court. This case is still being studied in the high court, This is why many judges have chosen to wait for a final decision to be made to determine whether it is Justice and Peace or the JEP that has the final say regarding Mancuso Gómez’s requests for release.
