September 13, 2021 by archyde
In the midst of the national controversy that has arisen due to the decision of several senators and representatives to the House to resign from Congress and request that the investigations carried out by the Supreme Court of Justice against you, get out of there and go to the Attorney General’s Office, the president of that high court, magistrate Luis Antonio HernandezHe warned that the jurisdiction of the congressmen is not an institution conceived “as a device for judicial manipulation.”
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With inadmissible arguments that collapse the justice system, it has been argued before the judges that certain transcendental acts carried out by the Supreme Court should be annulled
Judge Hernández emphasized that the jurisdiction is a privilege to protect the autonomy of the legislative power, but not an institution conceived “as an instrument of impunity.”
This was said by the president of the Court at the closing of the Colombian Congress of Procedural Law in 2021, just days after the representative to the Chamber for Santander Edwin ballesteros He will resign from Congress after giving an investigation two days before the Investigation Chamber for a case of corruption and bribery.
Without referring to any specific process, the magistrate ruled on the implications of these resignations since, in the Court the cases are processed under Law 600 of 2000 and in the Prosecutor’s office They go to the procedure of Law 906 of 2004, without there being clear rules on the procedure to follow.
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“When congressmen resign, for whatever purpose, they are within their rights, the criminal proceedings brought against them by the Supreme Court regarding conduct not related to the function, go to the judicial officials of all citizens and must continue to be processed. under the rules of Law 906 of 2004. In such cases, with inadmissible arguments that collapse the justice system, it has been raised before the judges, and to the processes under the rite of Law 906, that certain transcendental acts of the process carried out by the Supreme Court of Justicea are contrary to the Political Constitution and should be annulled ”, he said.
It cannot be admitted that the procedures of the Court can be de facto “annulled” by the officials (in the Prosecutor’s Office) to whom it corresponds
take on the investigation or judgment.
In addition, the jurist defended the legitimacy of the decisions made by the Supreme Court in all its actions, under the jurisdiction of Law 600 of 2000.
“It does not do so outside the Higher Order or lower standards. It complies with what the Constitution it commands him: to investigate and judge current congressmen, under the conditions and with the variables that Article 235 of the Constitution provides, “he said.
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Hernández insisted: “That is their function, to judge those surveyed for crimes that compromise the function, not for their opinions or ideas, much less for their political positions. Therefore, their actions are not only legal but legitimate: formally and materially binding as they are the genuine manifestation of their constitutional powers “.
Judge Hernández pointed out that since all his actions are valid, “it cannot be admitted that the Court’s proceedings can be de facto“ annulled ”by the officials who are responsible for assuming the investigation or the trial. “
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“Nor is it justified that, by alleging formal differences between the procedures of Laws 600 and 906, they end up ignoring legitimate and binding decisions of the Court, with the argument that the actions in both Procedural Code Penal are different, and that the table of guarantees and values of the procedures are not comparable, as if guarantees and respect for rights were patrimony
exclusive of a single procedure “, affirmed the president of the Court.
Hernández assured that the two models allow respect for due guarantees
to the parties.
“This implies that there is no primacy of values of one procedure over another, nor obstacles to achieving the purposes of the Justice“, he pointed out, indicating that both models have been used in the same Court.
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“There are no fixed issues on interpretation issues and that it is possible to articulate the procedures of Law 906 and Law 600 without ignoring their essence and purposes. From that perspective, the Criminal Chamber it has also approved actions carried out based on the rules of Law 906 of 2004 against those who later acquire the status of gauges, “he said.
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