Controversial Release of First Line Members Sparks Debate on Judicial Independence

National Strike – Front Line – Portal Américas

Photo: Mauricio Alvarado / The… – Mauricio Alvarado

The Superior Court of Bogotá precluded the investigation that was being carried out against Lilyan Jhoana Bastidas, coordinator of the Paloquemao Judicial Services Center in Bogotá. She was responsible for granting the freedom of two of the members of the so-called First Line, after in December 2022 she ordered the freedom of Santiago Márquez and Adriana Bermeo, who were later appointed as peace managers, by Gustavo’s government. Petro.

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The case has its genesis on December 20, 2022 when the judge decided to release both defendants following a request made by the office of the High Commissioner for Peace. Immediately afterwards, the Attorney General’s Office of Margarita Cabello filed a complaint against him for the crimes of prevarication by action and abuse of public office. However, almost ten months later, the Attorney General’s Office requested a hearing before the Court to request that the investigation be closed.

The prosecutor delegated to the Superior Court of Bogotá argued before the Court that there was “atypicality of the fact investigated”, that is, that the reported facts do not constitute any crime on the part of the official Bastidas.

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These arguments were accepted by the Court, arguing that there is no evidence that Lilyan Jhoana Bastidas made the decision to release them on a whim or arbitrariness. “Dr. Lilyan Johana Bastidas Huertas, in the opinion of the Court, does not make any assessment or take sides and, on the contrary, it is noted that it was a complex matter due to the lack of legal and jurisprudential development on the matter.”

At the time, Attorney General Barbosa was one of the most fervent in denouncing Bastidas’ decision and demanded public explanations as to why in a later case he did make the decision to convene the respective guarantee control hearing.

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2024-03-08 10:34:35
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