In fact, legal sources have explained that the Public Ministry has resorted in appeal for not appreciating the connection of the facts with the jurisdiction of the court.
The admission for processing of this complaint has been announced one day after Gustavo Petro has achieved victory in the first round of the presidential elections in Colombia after obtaining 40.32% of the votes.
The journalist -on an unspecified date between 1977 and 1990- would have been kidnapped by the guerrillas and later released. González Pacheco, who enjoyed great fame in Colombia, died in Bogotá in 2014 from a heart complication.
The relationship that connects these facts with the National High Court is, the magistrate points out, that Open sources point out that González was born in Spain. However, and to corroborate it, the magistrate orders the Police to check if the journalist “had Spanish nationality at the time of the events denounced.”
Additionally, Judge Gadea requests that it be found out – with the help of the Colombian authorities – if Gustavo Petro “enjoys the status of amnestied or pardoned, and especially, if he has been investigated, acquitted or convicted for the facts” under investigation. And, in addition, it offers Petro himself to appear in this capacity in the present procedure to be able to defend himself.
“Hardly assumable” for the National Court
With everything, and taking into account the rejection of the Prosecutor’s Office, the magistrate makes it clear that it will be the practice of these proceedings that will allow “to clarify, without a doubt, the competence of the Spanish jurisdiction, and specifically”, of the Court for “check if its investigation is procedurally possible”.
Of course, despite the “overwhelming factual account described in the complaint” the judge warns that the “extension and apparent lack of points of connection with the Spanish jurisdiction” allows “to venture that his knowledge” is “hardly assumable by this Central Court of Instruction”.
The complaint filed by François Roger Cavard against Gustavo Petro, picks up the car, imputes to the leader the commission of crimes initially classified as crimes against humanity, war crimes and genocide.
In it, the complainant recounts that Gustavo Petro “would have been a member” of the extinct guerrilla M-19, who for at least two decades (between the 70s and 80s) systematically and indiscriminately used the kidnapping of people, as well as intentional torture and murder with the aim of destroying those they considered their enemy”.
The reported facts
In his brief, he asserts that the “human rights violations committed by Petro Urrego in Colombia during the 1970s and 1980s, which resulted in a tragic and shameful balance of thousands of people executed, thousands of others tortured, and thousands of victims disappeared, are still in the impunity“.
Specifically, the time frame in which the defendant places the events includes the years 1977 to 1990 and would encompass both actions committed inside Colombia and properly attributed to the M-19 organization as well as actions committed in association with paramilitary groups.
Despite the extensive account and review of alleged criminal acts committed by the group, the judge makes it clear that “only the case of the journalist’s kidnapping would result (at this time) with an apparent link with the Spanish Jurisdiction.”
Source: Ambito
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