New date set for 'Otoniel' statement before the JEP

The stage will take place on March 23. The jurisdiction ordered the Police to guarantee the reservation of the testimony of the former commander of the Gulf Clan

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FILE PHOTO: FILE PHOTO: Dairo Antonio Usuga David, alias "Otoniel", top leader of the Gulf clan, is photographed after being captured, in Bogota, Colombia October 23, 2021. Picture taken October 23, 2021. Colombian Police/Handout via REUTERS/File Photo
FILE PHOTO: FILE PHOTO: Dairo Antonio Usuga David, alias "Otoniel", top leader of the Gulf clan, is photographed after being captured, in Bogota, Colombia October 23, 2021. Picture taken October 23, 2021. Colombian Police/Handout via REUTERS/File Photo

After last March 11, the Special Jurisdiction for Peace (JEP) suspended the hearing against alias' Otoniel ', due to the presence of police officers in the courtroom. It became known this Friday that the JEP Reconnaissance Chamber set for March 23, from 8:00 in the morning, the hearing in which it will question Dairo Úsuga, former commander of the Gulf Clan, to refer to extrajudicial executions in the department of Casanare in collaboration with the military.

Former commanders of the 16th Brigade of the National Army, Generals (R) Leonardo Barrero and Henry Torres Escalante will also be present at this stage. The rescheduling of the hearing comes after the eventful first date, where it could not be brought forward, due to the refusal of several policemen to leave the compound despite the request of the judges, public entities and representatives of victims, present in the courtroom.

The legal representatives of 'Otoniel' indicated that this is not the first time that officials have interfered with the normal conduct of the hearings. It should be noted that on February 17, while holding a hearing with the Truth Commission, there was a violent interruption by the security forces. The situation was denounced by Legal Services S.A.S, the defence team of the syndicate, which assures that since the beginning of the legal process they have perceived the hostility of the military.

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Following the previous events, the Special Jurisdiction for Peace issued order AI-014 of 2022, requesting precautionary measures to protect life and information that Dairo Antonio Úsuga may provide. Specifically, this appearance seeks to establish responsibility for the 'false positives' that were registered between 2005 and 2008 that identify the military members of the Sixteenth Army Brigade.

After the events presented, the JEP asked the National Police for answers and explanations about what happened that day. In the determination, the firm cited the recent precautionary measures decision taken by the Absence of Recognition Section which ordered the Police to guarantee the confidentiality and privacy of the interrogation of alias 'Otoniel'.

According to the document, the hearing will be held in the same place where it was planned to carry out the proceedings that had to be suspended. This will be coordinated with the Directorate of International Affairs of the Attorney General's Office.

It is important to note that on March 15, the Supreme Court of Justice denied the suspension of extradition 'Otoniel', since it considered that the former chief of the Gulf Clan is not on the list of the extinct FARC and therefore cannot submit to the Special Jurisdiction for Peace (JEP).

“The Chamber shall refrain from referring the file to the Special Jurisdiction for Peace, from which it emerges that the request for suspension of the extradition procedure will not be granted either, since there is no serious and reasoned sight that Dairo Antonio Úsuga David complies with the rationae personae factor,” they argued.

The United States calls for the extradition of the criminal boss to answer to courts in New York and Florida on charges related to drug trafficking. In Colombia, there are 122 arrest warrants and six convictions against Úsuga, including two of 40 and 50 years' imprisonment, for aggravated homicide, homicide in protected persons, forced disappearance, forced displacement and illicit recruitment of minors.

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