'Otoniel' is trying to prevent extradition in a double judicial maneuver between courts

The defense of the former chief criminal officer of the Gulf Clan implemented a new strategy that would prevent his deputies from appearing before the United States stood.

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Fotografía cedida por la Policía Nacional de Colombia que muestra al número uno de la banda criminal del Clan del Golfo, Dairo Antonio Úsuga David (c), alias "Otoniel", mientras es escoltado por agentes de policía en Bogotá (Colombia). EFE/Policía Nacional de Colombia
Fotografía cedida por la Policía Nacional de Colombia que muestra al número uno de la banda criminal del Clan del Golfo, Dairo Antonio Úsuga David (c), alias "Otoniel", mientras es escoltado por agentes de policía en Bogotá (Colombia). EFE/Policía Nacional de Colombia

In addition to being challenged before the Special Jurisdiction for Peace (JEP) to prevent extradition to the United States, Dairo Antonio Úsuga, is looking for the Supreme Court itself to suspend the proceedings.

Precisely in the High Court they have stated that they will not stop sending 'Otoniel' while submitting it to the JEP to provide information about the dispute. The main reason is that the former Chief Criminal Officer of the Gulf Clan was not included in the list of former FARC fighters and therefore could not enter the court.

However, Úsuga will also ensure that it is the same court to stop extradition by reviving criminal cases for drug trafficking in the United States because Colombian jurisprudence considers two different procedures for the same crime.

According to a source in the television news newspaper Noticias RCN, the defense of the person who was the most desired drug trafficker in the country was at the stage of reactivating all cases of drug trafficking in the general court and blaming the agent in Colombia.

However, in that news report, they reported that the prosecutor of Mario Burgos corrected the indictment against 'Otoniel'. The case was approved by a judge, and the accusations of the concert for committing the crime no longer included the purpose of drug trafficking.

Burgos told RCN News that “it is something that can be demonstrated in an oral trial for specific purposes, such as an explanation of murder, terrorism and forced migration.”

In that media, the source of the trial also stated that the defense of 'Otoniel' is on a kind of tour around the Colombian courts and revives lawsuits against them, and the hearing would have been scheduled for April, May and June.

They even said a few weeks ago that the Supreme Court was asked to reject the extradition of Capo. Because the file that justifies his extradition does not indicate the identity, date and exact description of the fact that he must appear in the United States. However, the High Court replied that it would not suspend this procedure.

On the other hand, in RCN Radio, they reported in the JEP that Úsuga reacted negatively to a defense request to suspend its dispatch to the United States while appearing in the Peace Tribunal, making a voluntary statement within the macro case they requested.

Meanwhile, President Iván Duque explained the decision of the Supreme Court and the JEP not to consistently stop extradition of 'otoniel'.

“It seems very good to me, and it is something that should happen to him with the offender. He is a drug trafficker and, in addition, he seems to be in line with the previous decisions of those who have fallen into drug trafficking with the law and do not allow a path to escape the rightful path.” The statement of the President of Colombia was heard at that station.

On Monday, the Supreme Court refused to suspend Úsuga's shipments to the United States because they were not part of the armed actors who submitted themselves during the peace process with the FARC.

“The Chamber of Commerce should refrain from referring the file to a special jurisdiction for peace, and the request to suspend the extradition process will also not be approved because there is no serious and reasonable sight that Dairo Antonio Úsuga David complies with the rationale of the persona factor,” they argued.

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