The administration of President Gustavo Petro clashed with Colombia’s judicial branch over its attempt to lift the arrest warrants for members of paramilitary organization EGC.
The president’s peace commissioner, Otty Patiño, last week asked the prosecution to suspend arrest warrants of EGC commander Jobanis de Jesus Avila, a.k.a. “Chiquito Malo,” and 28 of his subordinates.
The suspensions would allow the EGC members to prepare the demobilization of 400 fighters in two Temporary Location Zones (ZUT) in the northwest of the country in June, peace negotiators said.
Colombia seeks suspension of EGC commander’s arrest warrant ahead of demobilization
In a response, Prosecutor General Luz Adriana Camargo said that her office would not suspend the arrest warrants until receiving specifics on the agreements made between the Petro administration and the EGC, Colombia’s largest illegal armed group.
According to Camargo, her office was only informed about the identity of the 29 EGC members and their expressed commitment to facilitate their group’s demobilization.
The Supreme Court backed the chief prosecution and told the government to provide Camargo with “sufficient and verifiable information about the compliance with the legal conditions” that would allow the construction of the ZUTs, and the effective demobilization, disarmament and reintegration of EGC fighters.
Colombia’s top human rights official, Ombudswoman Iris Marin, joined the chief prosecutor and the Supreme Court on Tuesday and stressed that the president can’t unilaterally secure the suspension of arrest warrants without specifying exactly where the ZUTs will be constructed and what agreements have been made with the EGC.
While the president has broad discretion in carrying out these legal functions, the exercise of such functions is subject to the Constitution and the law. This is a form of regulated discretion; otherwise, it would become arbitrary.
Ombudswoman Iris Marin
Any eventual demobilization process would additionally require “effective oversight and verification mechanisms” that would guarantee the rights of victims.
The government has yet to make the agreements made with the EGC public.
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