Judge Marco Antonio Rueda Soto, member of the Special Chamber
The instruction of the Criminal Chamber of the Supreme Court of Appeals has ended To respond to legal action initiated by former senator Arturo Char’s defense seeking his freedom.
(We invite you to read: Attention: Defense of habeas corpus files for the release of Arturo Char)
As EL TIEMPO explains, Lawyers for the former senator filed a writ of habeas corpus in which they argued the high court went more than 120 days before considering the merits of the summary. Given the alleged expiration of terms, immediate release is requested.
The case has been filed before A judge from Santa Marta (the city where Char was imprisoned) due to a judicial vacancy where the Supreme Court was located.
EL TIEMPO has first access to Judge Rueda Soto’s response to Char’s freedom -A lawsuit was filed on the allegation of voter fraud and conspiracy to commit a crime- and we request that the objection be rejected.
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The judge begins by demanding assessment that the merits of the instruction cannot be characterized by reasons attributable or attributable to the union or the defense bench. In addition, the time taken to resolve the former senator’s situation will be counted from the moment his capture becomes legal.
Rueda Soto states: Char Chaljub has been deprived of his liberty since 7 September 2023When he was detained while entering Ernesto Cortissoz airport in Barranquilla, Colombia, based on arrest warrant 0284020 dated September 5, 2023.
The officer also points out that Judge Cristina Lombana Velásquez, by orders dated December 12 and 14, 2023, changed the place of implementation of the Char Chaljub injunction from the High, Medium and Minimum Security Prison and Penitentiary Complex –La Picota, a detention facility for members of the Public Force, eventually became the place of detention at the Jail and Prison for Members of the High and Medium Security Public Force in the municipality of Malambo Atlántico.
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In this sense, the physical detention period required by the norm determined for the reason to be structured, The release period (due to the expiration of the terms) is 120 calendar days and, according to him, this period has not passed yet.
After stating that Char’s defense clearly engaged in delaying activitiesThe magistrate points out that there are attributable reasons to defend and
The unit that must be deducted from the 120-day period.
Therefore, the judge believes that this term The deadline for determining the merits of the summary in the Char case will be extended to February 8, 2024.
(See all articles from EL TIEMPO Investigation Unit here)
“In conclusion, with the restraint that suits me, I respectfully request that your Honor deny the requested habeas corpus in favor of former senator Char Chaljub,” the response, which appeared to be electronically signed, said.
The judge who has jurisdiction over the court no doubt – he needs to make an important decision in the next 36 hours.
RESEARCH UNIT
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Source: Exame
