My request for protection of fundamental constitutional rights was admitted

In the case of Mr. Uribe's judge

[Versión en Español aquí]

ATTENTION! The 38th Labor Court of the jurisdiction of Bogota, Colombia, has just admitted a request of protection of fundamental constitutional rights.

I filed this request for the protection of fundamental constitutional rights against the prosecutor Reinalda María Díaz Montiel who is handling my case related to Judge Carmen Elena Ortiz Rassa, who was assigned to the case of Colombian former president and former inmate Álvaro Uribe Velez.

Ms. Ortiz is advancing on Mr. Uribe’s case procedural mechanism through which the criminal process is terminated in advance of the sentence if some of the grounds according to the law are met.

The fact that my request for protection of fundamental constitutional rights was admitted, means that the Colombian justice system has considered that my request meets all the legal requirements to be studied and analyzed in depth.

Let’s consider that this action seeks to protect my fundamental rights to due process and freedom of expression that I consider violated by this criminal proceeding that was opened against me.

In my request for protection of fundamental constitutional rights, are sufficient arguments for the judge to safeguard these fundamental rights under the judicial criteria of objective criticism, considering the documentary and video evidence provided in the corresponding legal action.

Additionally, with this admission of the request action, the act of indictment that the prosecutor's office was planning to carry out will be reviewed to determine if it violated the constitutional rights invoked, a situation that could affect the validity of the prosecutor procedural act.

This is the first unobjectionable and conclusive legal fact directly supported by Marcos Javier Cortes Riveros, a judge of the Republic of Colombia, against this criminal activity that I consider abusive of my fundamental rights to due process and freedom of expression.

This is a judicial decision, the rest are subjective declarations of the lawyer of Judge Carmen Elena Ortiz Rassa who uses the media related to the government which is ruled by Mr. Uribe’s political party, seeking to pressure the justice system, the prosecutor herself, and that has no support from a judge of the Republic of Colombia.

In a logic of equality, the media related to the government should give this judicial decision the same diffusion that they gave to the statements of the lawyer of Judge Carmen Elena Ortiz Rassa, which of course will not happen, since these media are functional to the interests of Mr. Uribe’s political party, that in this electoral season has intensified its persecution and harassment against activists, journalists and anyone who opposes its interests, even in social networks, flagrantly violating freedom of expression.

This persecution will be countered with greater activism, with the persevering exercise of public denunciation and with greater and deeper investigations, and with legal instruments at the national and international level that will make it possible to confront this abusive exercise of power.

Public denunciation through social networks is a national and international right that must be protected against any attempt of censorship and harassment by the Colombian State.

Now let’s have a look at the Court order that requests the Judge in question Carmen Helena Ortiz Rassa and the Attorney in question Reinalda María Díaz Montiel to answer my questions about their wrongdoings within two days.

Judge Marcos Javier Cortes Riveros approved this request for my protection of fundamental constitutional rights.

Taking into account the aforementioned secretarial report, the present request for protection of fundamental constitutional rights action is hereby declared and, consequently, it is ordered:

ADMIT the request for protection of fundamental constitutional rights action filed by RICHARD MAOK RIAÑO BOTINA identified with C.C. No. 79.684.374 against the NATION - GENERAL PROSECUTOR'S OFFICE OF THE NATION - LOCAL PROSECUTOR 265 Ms. REINALDA MARÍA DÍAZ MONTIEL.

BIND Ms. CARMEN ELENA ORTIZ RASSA to the present constitutional proceeding, under the terms of Article 19 of Decree 2591 of 1991.

TO REQUIRE, under the terms of Article 19 of Decree 2591 of 1991, the defendant, the NATION – ATTORNEY GENERAL’S OFFICE - 265th LOCAL PROSECUTOR Ms. REINALDA MARÍA DÍAZ MONTIEL and the related CARMEN ELENA ORTIZ RASSA, so that in the term of two (2) days from the receipt of the notification, they may pronounce and render a report on the facts raised in the request for protection of fundamental constitutional rights action by the plaintiff.

By the secretary, COMMUNICATION IS RELEASED to the defendant indicating that the report to be made shall be deemed to be made under oath and that, if it is not submitted within the term indicated, the facts that are the subject of the request for protection of fundamental constitutional rights action shall be deemed to be true, in accordance with the provisions of Article 20 of Decree 2591 of 1991. Together with the communication, a copy of the introductory libel of the request for protection of fundamental constitutional rights action and its annexes must be sent to the defendant and to the related party, so that they may, once again, pronounce themselves on the facts and circumstances of the request for protection.

Be notified and complied with,

MARCOS JAVIER CORTES RIVEROS

Judge