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With this split decision, the Constitutional Court maintains the impeachment status of the former Colombian president.
Colombia's Constitutional Court on Wednesday rejected a tutela, or appeal for protection, filed by former president Álvaro Uribe seeking to annul his indictment in a case against him for witness tampering and procedural fraud.
After a debate within the court that lasted more than nine hours, the decision was finally adopted with five votes against and four in favor of granting the appeal to Uribe, which has highlighted the differences between the judges.
According to the reporting magistrate, Alejandro Linares, it has been resolved to revoke the sentence issued by the Criminal Decision Chamber of the Superior Court of the District of Bogotá and instead deny Álvaro Uribe's tutela action against the order from November 6, 2020.
The appeal filed by the defense of the former president was based on the idea of it being impossible to compare an inquiry from the Supreme Court with a formal indictment, which could not then establish ownership of the criminal act given that Uribe resigned from his position as senator of the republic.
Shortly before, on Tuesday the Supreme Court had rejected a complaint filed by Uribe himself against opposition senator Iván Cepeda, whom he accuses of tampering with evidence in the case against the former tenant of Casa Nariño for witness tampering.
Mal día para la derecha:
1-Juez tumba la jugadita de acabar ley de garantías
2-Corte Constitucional mantiene calidad de imputado a Álvaro Uribe
3-Corte protege mural “Quién dio la orden”
4- Daniel Quintero derrota al uribefajardismo en el Concejo de Medellín
"Bad day for the right: 1-Judge overturns the move to end the law of guarantees. 2-Constitutional Court upholds Alvaro Uribe's status as accused. 3-Court protects mural "Quién dio la orden" (Who gave the order). 4-Daniel Quintero defeats Uribe-Fajardism in the Medellin Council."
The defense of former President Uribe claimed before the Supreme Court that the alleged draft of the conversations Cepeda allegedly had with former paramilitary Juan Guillermo Monsalve had affected the integrity of the context and the circumstances that gave rise to the information on which an investigation against Uribe was initiated.
However, the Supreme Court dismissed the defense's claim stating that there is no duty to preserve private conversations, claiming such content under a principle of solidarity with the justice authorities, is an arbitrary and proscribed interference into one's private sphere.
The process against Uribe began in 2018 when the former president initiated a legal process against Iván Cepeda, senator of the Polo Democrático, by accusing him of alleged ties with paramilitaries, which he has never proven.