A setback suffered the file for the crime of the journalist and political humorist Jaime Garzón Forero, riddled 26 years ago by two hitmen due to a plan orchestrated by the paramilitary chief Carlos Castaño and executed with information collected by the former DAS and the National Army. Despite the declaration of crime against humanity and the imprescriptibility it represents, compensation to Gloria Cecilia Hernández, his ex -partner.
Week knew a decision of the state Council that knocked down the ruling that in 2021 had ordered the army, the police and the entity that represented the payment of compensation for the moral damage suffered by Hernández, partner of the creator of Zoociedad and the iconic character of Heriberto de la Calle.
The High Court revoked the ruling with a simple expression: “expiration.” That is, the terms established by the law for the presentation of a lawsuit against the Nation were exceeded, so there was not even a background debate about the claims of the woman who lived for 16 years with Garzón, “relationship that was the object of declaration of a marital union in fact by means of a sentence issued by the court 12 of Bogotá family.”
The High Court warned that it was not enough for Garzón’s crime to have been declared as a crime against humanity on October 22, 2002, by determining the existence of an alliance between the public force and groups outside the law for murder.
The plaintiff said that, due to everything that happened around the murder, a lawsuit was never raised against the military and police forces, because their responsibility and participation in this case wanted to divert in many ways. The investigation had so many shadows that, for those years, I did not know who to direct the demand. However, for the State Council, justification has no grip and considers that it took too long to make the decision to file the lawsuit, that is, it took two more years.
“Under these conditions, the demand opportunity ran until July 18, 2016, while that settled until December 2018, when the expiration term had already strung,” said the decision of the State Council. “In accordance with the position unified by the Third Section, there are no elements of judgment that suggest the observance of situations that would have prevented the plaintiff from materially exercising the right of action,” he adds.
In the resolutive part, it is indicated that “there are no elements of judgment that suggest the observance of situations that would have prevented the plaintiff from exercising the right of action or that will be in a material situation of a particular, special and serious nature that prevented him from submitting the respective demand.” The Colombian Jurists Commission, which represented Garzón’s couple, questioned the decision by considering that “the context of impunity was not taken into account, in which state agents diverted the investigation and linked people outside the crime.”
For the Commission, for years the linking of State agents passed from AGache and only until 2016 the first judicial decisions that indicated the participation of military and security agencies were issued, including José Miguel Narváez, former sub -director of the DAS, and Colonel (R) Jorge Eliécer Plazas, former head of the Army Intelligence Command.
For the crime of the humorist, the paramilitary commander Carlos Castaño Gil was sentenced in 2004 to 38 years in prison, José Miguel Narváez, former DAS -director, 30 years in prison, and Colonel Plazas Acevedo is covered in a request he made before the Special Jurisdiction for Peace (JEP).
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