In an interview with El Espectador, Jhon Olmos, lawyer for the patrolman Harby Rodríguez, implicated in the case of Javier Ordóñez, explained why the judicial process faced by the uniformed men should be tried by the Military Criminal Justice and not by ordinary justice.
This Saturday the second part of the hearing for the imputation of charges for Juan Camilo Lloreda and Harby Damián Rodríguez took place, in which the defense of both uniformed men asked that said judicial process be left in the hands of the Military Criminal Justice and not in justice ordinary. The judge who advanced the hearing sent the request for the Disciplinary Chamber of the Superior Council of the Judiciary to decide whether or not said case remains in the hands of the Military Criminal Justice. But, what are the defense arguments for making this request?
In an interview for El Espectador, Jhon Olmos, lawyer for the patrolman Harby Damián Rodríguez, explained why it is pertinent for the Military Criminal Justice to judge this case. “It’s that what everyone knows is the video of the first scene, but there is a second scene, which happens inside the CAI. The patrols exercise vigilance, care and control work and, although it is true that there is an ‘excessive use of force’, let’s put it this way, that use is allowed within the Military Criminal Justice, because they are acts of service ”, he assured .
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The lawyer insisted that it was a guarantee that both patrolmen should have. “When you have the uniform and are part of the Public Force, you have that guarantee, so automatically, the one who must judge the police and the military is the Military Criminal Justice, which also punishes the same as the ordinary one, but it is a justice specialized. That is why we raised it. It is an act of service, they had the uniform and regardless of what happened and what triggered the situation, they were rendering a service that must be judged by the Military Criminal Justice, ”Olmos reiterated.
However, according to the defense of Javier Ordóñez’s family, the crime of aggravated torture, which is, along with the crime of aggravated homicide, the charges against them, is not a competence of the military justice system. “What happens is that torture is described by the prosecutor under the assumption of infringing pain or mistreatment, but there is no material evidence to carry it, what there is is a legal medicine opinion”, justified Olmos.
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Therefore, it says that if the Prosecutor’s Office wants to impute said charge, it must have material elements that prove it. “In order to say that it was torture, there must be some minimal elements, but the demand to require the Prosecutor’s Office to provide, in a possible accusation, the elements that say that there was torture is becoming stronger.”
Finally, Olmos assures that there is a video of what happened inside the Villa Luz CAI, which is reserved, but was presented to the guarantee judge during the hearing and that is why the judge decided to forward the petition of the defense of the patrol cars to the Disciplinary Chamber of the Superior Council of the Judiciary. “That video is very telling and after she (the judge) saw it, she sent it so that the petition could be studied, the whole situation changed there,” he concluded.
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For the time being, the charges will continue this Sunday at 10:00 am, in which it will be determined whether or not the patrols go to prison.