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Sala de audiencias judiciales vacía con estrado de madera, bandera de Colombia y bancas sin ocupantes
Sala de audiencias vacía, imagen alusiva al debate sobre la nulidad planteada en el caso UNGRD. · Imagen generada para EPM

Manrique Defense Seeks Nullity Over Doubts on Substitute Judges

The defense of Karen Astrith Manrique Olarte sought nullity in the UNGRD case, arguing that two substitute judges decided in almost four hours a file with 60…

--- The context --- The UNGRD corruption case reached the Special First Instance Chamber with a debate over guarantees. Karen Astrith Manrique Olarte, deprived of her liberty for seven months, faces an accusation whose validity her defense now challenges over how the capture decision was adopted. --- The facts --- On March 11, in an extraordinary session, the Instruction Chamber of the Supreme Court of Justice ordered the capture of Wadith Manzur and Karen Manrique. According to the account of the proceedings, the session lasted almost four hours and included two substitute judges to break the tie over Magistrate Misael Rodríguez draft. That draft, extensive and complex, requested a custodial measure in prison against the six congress members of the Interparliamentary Public Credit Commission to safeguard the evidence. After the accusation for improper bribery was presented and the documentary, testimonial and technical evidence for trial was set, the defense asked to speak to request nullity. --- The positions --- The defense, led by Andrés Garzón, questioned the draw of the substitute judges, how quickly they read the draft and how they decided the process. It argued in indirect attributed terms that reviewing the file in a few hours was impossible, since the statements of Olmedo López, Sneyder Pinilla and María Alejandra Benavides alone totaled 60 hours of recording. Counsel added that a citizen expects the judge to read the evidence and that, if that did not happen, the situation is insurmountable. By its review, the substitute judges learned only 1.3% of the case and only read the draft, without all the elements. It therefore said nullity is the only remedy to protect due process and the defense. --- What remains unknown --- On Tuesday the accusation was formalized against Juan Pablo Gallo Maya, Liliana Esther Bitar Castilla, Wadith Alberto Mazur Imbett, Julián Peinado Ramírez, Karen Astrith Manrique Olarte and Juan Diego Muñoz Cabrera. The Special Chamber has not yet decided the nullity or its possible effect on the measures in force. --- Unanswered questions --- How were the two substitute judges drawn and how much time did they have to study the file? What portion of the 60 hours of recordings could be reviewed before voting on Misael Rodríguez draft? If nullity succeeds, which acts would lose effect and how would due process be protected? --- EPM analysis --- The request pits speed against guarantees. Breaking a tie cannot be a shortcut if the decision rested on a partial reading. The hearing resumes this Wednesday, October 21, with lawyers for the other former congress members, and will show whether the challenge is shared. 📌 EPM Take: In EPM's view, nullity must be examined rigorously because it touches the core of due process: that whoever decides knows the complete evidence before ordering a capture or sustaining an accusation. If the substitute judges reached only 1.3% of the file, the objection is not a formality. The Special Chamber must demonstrate with verifiable facts that the March 11 decision was fully informed, transparent in its reasoning and respectful of the defense and of the presumption that must govern every stage.
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