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Cancino defends presumption of innocence and demands verifiable evidence

Acting Minister Iván Cancino defended the presumption of innocence of President Abelardo de la Espriella and asked that the complaints announced by Senator…

--- The context --- A political oversight debate in Colombia has placed a basic guarantee of the rule of law, the presumption of innocence, at the center of public discussion after Senator Iván Cepeda announced complaints against President Abelardo de la Espriella. The government response came from acting Justice and Interior Minister Iván Cancino, who argued that every accusation must be supported with verifiable evidence before the competent authorities and not only with documents displayed in a political setting. --- The facts --- Cancino responded through an official video and held that announced complaints must come with material elements allowing authorities to establish whether there are grounds to open investigations. According to the minister, political oversight is a fundamental tool of democracy, although it cannot become a stage for launching accusations without proving and substantiating them. He also stated that the claims raised during the oversight debate might seem serious, but that in his view they lacked solid evidence capable of affecting the presumption of innocence of the president. The minister also questioned the reach of the organizational charts, old deeds and business operations presented during the debate. In his view, that kind of information does not replace judicial decisions or the documentary, testimonial, circumstantial or expert material that a complaint requires. Cancino held that each complaint must be processed before the competent entities with respect for due process and the right of defense, and he noted that the executive branch is willing to provide videos, photographs, documents, expert reports and audits in the cases it has reported. --- The positions --- On the other side, Cepeda announced that he will file a complaint before the House of Representatives Commission of Investigation and Accusation over the alleged crime of conspiracy to commit a crime, according to his own presentation. The senator presented property registration records, public deeds, financial statements and judicial decisions, and claimed that those documents would allow the identification of a network of relationships that, in his view, would link capital associated with drug trafficking and paramilitarism to rural businesses, land decisions and officials connected to firms linked to the president and to Agriculture Minister Indalecio Dangond, always according to the account given by the lawmaker. Cepeda also raised claims about the company Dominio De la Espriella, linked to the marketing of Ron Defensor. According to the figures disclosed by the lawmaker, the family of Hugues Rodríguez Fuentes and Monte Horeb Group contributed 40.8% of the capitalization deposits in 2022 and 38.1% in 2023, and he linked those data to the purchase of the Nueva Jerusalén farm, in Becerril, Cesar, acquired in 2013 according to his presentation. These are accusations attributed to the senator that, as the minister recalled, still must be substantiated and assessed by the authorities. --- What remains unknown --- For now, the available information contains no decision by the authorities on opening investigations based on the announcements made by the senator, nor any judicial assessment of the documents displayed during the debate. The complete material elements that would accompany each announced complaint are also unknown, as are the formal responses that may be presented within the corresponding proceedings before the competent entities. --- Unanswered questions --- Will Cepeda present before the Commission of Investigation and Accusation the material elements that the minister considers essential to support each claim? How will the authorities assess the organizational charts, the deeds and the financial statements displayed during the political oversight debate? Will the same evidentiary standard demanded by the government be applied to complaints coming from all political sectors, without distinctions based on their origin? --- EPM analysis --- The underlying discussion is not only political, because it involves the balance between the oversight exercised by Congress and the guarantees that protect any person who is accused. When an accusation is formulated in a public debate, its initial force depends on the support that accompanies it, and its real fate is defined before the authorities called upon to assess it. That is why the official emphasis on due process and on the right of defense orders the debate around demonstrable facts rather than around impressions. 📌 EPM Take: In EPM's view, the demand for verifiable evidence raised by Minister Cancino strengthens democratic debate because it separates a grounded complaint from an insinuation and protects the presumption of innocence without closing any door to justice. Political oversight gains legitimacy when its claims reach the authorities with clear material elements that can be assessed and challenged in a proceeding with guarantees. If the announced complaints are filed with that support, the institutions will have to act with speed and transparency, and if the support does not appear, citizens will be able to distinguish between a serious accusation and a controversy built in a political setting.
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