The Criminal Cassation Chamber of the Supreme Court of Justice confirmed in the second instance the guardianship ruling that He revoked the house arrest of former president Álvaro Uribe Vélez. With this determination, the ex -president may continue to release, as long as the appeal to the conviction against him is resolved.
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The ruling referred to is that issued by the Superior Court of Bogotá on August 19, which resolved “Covering the fundamental right to individual freedom of the citizen Álvaro Uribe Vélez” and left without effect The order with which it went to home arrest After being sentenced in the first instance to 12 years for bribery to witnesses and procedural fraud.
Through a statement, the Criminal Cassation Chamber supported the Court’s decision and questioned the foundation of First Instance of the 44th Criminal Court of the Bogotá Circuit.
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The Court said that, although the court enunciated a plural number of reasons which constitute the motivational principle of capture, “It is one thing to explain and another justify a decision.” He also indicated that “The verification and comparison of the jurisprudentially developed guidelines, by this Chamber and the Constitutional Court, make it possible to conclude that this motivation is apparent.”
In that same line, the High Court stressed that the reasons of a legal and factual nature should be exhibited and that, on the contrary, assertions were offered “devoid” of the foundations that supported them.
“The Court, in this decision, ratified what has sustained since 2023, which for the deprivation of liberty of the convicted is required a clear motivation of the reasons why it must be deprived of liberty, at the time the sense of failure or knowing the conviction,” He highlighted the Criminal Cassation Chamber.
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