The judge of the National High Court, Joaquín Gadea, admitted a complaint filed against the Colombian presidential candidate from the left Gustavo Petro for the alleged kidnapping of the journalist Fernando Gonzalez Pacheco by the organization guerrilla M-19in which the politician militated.
In a document dated May 19, to which he had access Europe Pressthe reinforcement judge of the Central Court of Instruction Number 6 explains that the admission is made “for the sole purpose” of offering the journalist’s relatives the possibility of suing after the Prosecutor’s Office has refused to do so.
In fact, legal sources have explained that the Public Prosecutor’s Office has appealed for not appreciating the connection of the facts with the jurisdiction of the court.
The admission to processing of this complaint is announced a day after Petro claimed victory in the first lap of the presidential elections in Colombia after obtaining 40.32 percent 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 events 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 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, he offers Petro himself to appear in this capacity in this proceeding in order to defend himself.
“DIFFICULTLY ASSUMABLE” FOR AN
However, 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 “Clarify, without a doubt, the competence of the Spanish jurisdiction, and specifically”, of the Court to “verify 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 Francois Roger Cavard against Petro, picks up the car, accuses the leader of committing crimes initially classified as crimes against humanity, war crimes and genocide.
In it, the complainant recounts that 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 the intentional torture and murder with the aim of destroying those they considered their enemy”.
In his brief, he asserts that the “human rights violations committed by peter urrego In colombia during the 70’s and 80’s that threw a tragic balance of thousands of people executed, thousands more torturedand thousands of disappeared victims, are still in 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.”