Attorney General's Office lodged an appeal against a sentence that condemned Colonel Plazas
The Attorney General's Office under the provisions of Article 277 of the Constitution demands lodged an appeal against the sentence pronounced by the Criminal Court of Bogota against Colonel Luis Alfonso Plazas Vega by the events surrounding the takeover of the Palace of Justice by the M-19 guerrilla group in November 1985.
The prosecution submits that the Court seriously erred in condemning Colonel Plazas with no certainty to do so, especially with regard to the requirements set for the allocation of the crime of enforced disappearance, as to the intent and action.
In the opinion of the Attorney General of the ruling seriously undermines the fundamental principle of nullum crimen sine lege, because this offense, upon the occurrence of events was not enshrined in domestic law.
Likewise, the Office notes that this ruling violates the principle of in dubio pro reo because notwithstanding the reasonable doubt which provide evidence of guilt was deduced retired colonel.
The Attorney General notes that the Court departed from the guidelines in force and competence build the application and interpretation of the Rome Statute and the rules of complementarity and subsidiarity, as he said the Constitutional Court in ruling C-578, when the body of the decision requests that the chief prosecutor of the International Criminal Court ordered the opening of an investigation into former President Belisario Betancourt.
On this particular recalled that the Committee on Accusations of the Congress exercised its responsibilities for dispensing justice and warned that the Court erred in the instance of the second degree in this consideration in mind that the International Criminal Court has no jurisdiction over events in Colombia before 2002, date on which entered into force on the Rome Statute for the State for crimes against humanity and genocide, and from 2009 for War Crimes, 26-year gap in invoking rules.
As to the requirement that the Armed Forces of Colombia apologize to society for the above facts, the prosecution says that the call is not included in the operative part of the sentence and the criminal nature is inter partes unavoidable under the principles of individual responsibility and conforms strictly to the principle of legality of sentences that are predictable only in respect of whom has been convicted in a trial.
Therefore, this indication is beyond the principle of limitation that governs the criminal court's decision, while the institutional military sanctions, forgetting that the budding process was the sole defendant to Colonel Plazas.
For legal reasons noted, the Attorney General notes with concern the legal and procedural errors visible in the judicial decision, why is imposed to the Attorney General's Office Superior activate the mandate of the legal defense and defense of rights and fundamental guarantees of the affected judicial determination of the second degree, for which as noted initially proceed to establish the demand for appeal against the ruling of the Superior Court Judicial District of Bogotá - Criminal Division - the verdict conviction handed down against the colonel Luis Alfonso Plazas Vega.
PGN | Fecha Publicación: martes, 31 enero 2012 12:30 PM