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Due to the incompetence of the Colombian prosecutor's office, Santrich's congressional immunity was overlooked, the court said.
The Supreme Court of Justice of Colombia ordered Wednesday the release of Seuxis Paucias Hernandez Solarte, known as "Jesus Santrich."
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The former leader of the Revolutionary Armed Forces of Colombia (FARC) was arrested for a second time on May 17 for alleged drug trafficking crimes committed after the peace agreement.
The court blamed the Colombian prosecutor's office's incompetence for the error and for overlooking Santrich's congressional immunity. Now it will be this court that investigates it.
"After the decision of the Council of State to ratify the investiture of the congressman, the Supreme Court of Justice ordered the release of Seuxis Paucias Hernandez Solarte, known as 'Jesus Santrich,' because under that condition he is constitutionally under immunity and must be prosecuted criminally by this Corporation."
In today's ruling, the high court said that the ex-leader of the FARC has immunity in spite of not having taken office as a congressman, so "it resolved the reinstatement of Hernandez Solarte's freedom in the face of decisions of officials who had no competence for his apprehension" on May 17 in Bogotá.
With the ruling in the second instance, the court confirms its position that the former commander of the Revolutionary Armed Forces of Colombia Ejercito del Pueblo (FARC-EP) keeps his seat in Congress until his extradition process to the United States is resolved.
With this ruling, the court confirms its position that the former commander of the Revolutionary Armed Forces of Colombia — Ejército del Pueblo (FARC-EP) — keeps his seat in Congress until his extradition process to the United States is resolved.
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