“We did the Prosecutor’s Office a favor”: lawyer for Carolina Galván and Nilson Díaz

After the weekend, on two occasions, those prosecuted for the disappearance of the girl Sara Sofía were released, the process had to start from scratch. The Prosecutor’s Office again linked them this Wednesday with a new accusation of aggravated forced disappearance.

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In a period of 48 hours, Carolina Galván and Nilson Díaz – Sara Sofía’s mother and alleged stepfather – were released on two occasions. The first, when the second specialized criminal judge of Bogotá declared the nullity of the process, which began in March. The second, when the fifth guarantee judge considered that they were not provided with a lawyer in a timely manner at the time of their recapture, when they were released from prison.

In both decisions, the robed women drew the attention of the Prosecutor’s Office for their “lack of clarity” in the investigation and for carrying out a parallel trial in the media: “The debate must take place in the hearings, not in the media.” .

Lea: Between fear and hope: this is the day to day looking for Sara Sofía Galván

This newspaper spoke with the procedural parties to learn what follows from the case of the little girl, who disappeared in January. From different shores, the seasoned lawyers Aydeé Acevedo Santos (attorney for the defendants until July 30) and Antonio Luis González (representative of the Galván family) spoke about the complexity of the case and the errors of the Prosecutor’s Office.

As a particular fact, both are confronted again in a media process, as they did 10 years ago in the death of Luis Andrés Colmenares, from which González left through the back door, after the false witness scandal, and Acevedo, ahead, despite being accused of obstructing justice.

The defense

El Espectador (EE): What was the key to reaching the nullity of the process?

Aydeé Acevedo Santos (AAS): Here there was a violation of fundamental rights such as due process, especially in compliance with the legally relevant facts, which are the backbone for a process to go ahead and which involves the right to defense. That was what happened in the process of Nilson Díaz and Carolina Galván. The presentation of these legally relevant facts was not fulfilled at the imputation hearing. If we had come to trial, it would have been the same, because they would not have been in the indictment.

In context: Syndicated for the disappearance of Sara Sofía Galván, released due to errors of the Prosecutor’s Office

EE: So if they had gone to trial, it would have ended in nothing?

AAS: True. Here we are doing a favor to the Prosecutor’s Office and the process, because, as it was, the trial would have ended in nothing.

EE: The judge who declared the nullity said that she saw the Prosecutor’s Office “doubtful”.

AAS: The Prosecutor’s Office has a lot of information, but did not specify its theory of the case. The law must clearly define the crime for which a process is being carried out. In this case, so the legal qualification would have been only one, in the factual part that the Prosecutor’s Office narrates there are three or four crimes that could be framed, and that is not possible in our criminal process.

EE: What’s next in the case?

AAS: The Prosecutor’s Office must carry out a more in-depth investigation and reach a clearer conclusion about what happened to the minor, in order to make a good indictment and successfully carry the process to trial. The rest is to deceive the victims and society, because they will never know what happened.

EE: What do you think that former prosecutor Antonio Luis González had been the representative of the victims?

AAS: I was surprised. I only hope that his arrival does not turn the process into another Colmenares case, where false witnesses were gathered, evidence was hidden and in which the life of this defender was made of squares, with countless situations that it is not worth expressing them, but that they were terrible. I hope he is really in the process to help the victims, to find out what happened to the minor. That should be your goal, as well as mine.

You may be interested in: The testimonies that will be heard in the trial for the disappearance of Sara Sofía Galván

Representative of the victims

EE: How did you find this case? Has it been carried correctly?

Antonio Luis González (ALG): What I have perceived is that it is complex, because there are a series of contradictions that have not allowed the truth to be established. After all, today it is not clear what the minor’s whereabouts are and, secondly, because I believe they suspended the search for Sara Sofía. But the obligation of the Prosecutor’s Office is to clarify those facts, continue investigating, make a robust accusation and arrive at a strong accusation.

EE: Are you going to ask that the search for the girl be resumed?

ALG: We already request that the authorities continue to search for her, because that is an obligation of the State: to search for the disappeared persons, and much more when it is a minor. If someone is missing, it cannot be presumed that they are dead. What is important here is to know the truth of what happened to the minor: if she is alive, if she is dead, if she was sold or given away. In the criminal process, it will be dedicated to knowing if there is sufficient evidence to punish the perpetrators, but the search for Sara Sofía is primary.

EE: What do you think of the certification of copies to investigate the judge who annulled the process?

ALG: I have never agreed that judges are threatened with copying certificates, neither are defenders nor prosecutors. Before certifying copies to a judge, the first thing to do is legally determine what were the arguments of one party and the other to be able to say if there was any legal error. Judges should not be coerced with threats to certify copies because that affects the administration of justice.

Read also: Prosecutor’s Office recaptures the mother of Sara Sofía Galván in Bogotá

EE: How did you come to this case?

ALG: Xiomara Galván (Sara Sofía’s aunt) contacted Mr. Luis Alonso Colmenares and asked him for legal help. He contacted me and told me to analyze the case and if I could support the family. I met with Mrs. Xiomara, I listened to her, she brought me some documents and the subject shudders one because I am the father of a family. I offered my services unconditionally and without charge, because what I want to do is a grain of sand because I have experience in these matters, I was a prosecutor in the Adolescent Unit and those years give me the opportunity to provide my services as a lawyer.

EE: Did the lawyer Aydeé Acevedo Santos also have something to do with this process as a defender of Nilson and Carolina?

ALG: I am not aware that the doctor is there and that has nothing to do with it. I already told you what my reasons are, they are strictly humanistic and none of that influences my decisions at all. My performance is alien to any colleague who is there. In addition, she was only a lawyer in specialized justice and I have nothing to do with that colleague.

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