Judge confirms the transfer of former senator Eduardo Pulgar to La Picota in Bogotá

In the last few hours, the first civilian judge of the Soledad Circuit denied the guardianship action brought by the wife of the convicted Eduardo Pulgar, which sought to stop his transfer of the military battalion in Malambo to La Picota prison in Bogotá.

Judge German Rodriguez Pacheco, in his decision, argues that the right to family union is guaranteed in virtual visits that, due to the covid-19 pandemic, have been implemented, thus considering that the right claimed is not infringed on the minor.

Eduardo Pulgar will be transferred to La Picota

“In consideration of the broad considerations of jurisprudence, we have that the fundamental right to family unity can be claimed or better, given the possibility of a transfer, as is the case in the present event, its protection is guaranteed through the use of technologies or virtuality when it is not possible in person” says the ruling.

It is worth remembering that the guardianship, which was intended to prevent Pulgar's transfer to La Picota, was submitted by Ana Ucrós, a romantic partner of the former senator, arguing for the protection of the right of family union for the two-year-old daughter that they both have, and the roots in the Atlantic department of the syndicate.

However, the First Civil Court of Soledad ruled in the ruling that the transfer does not violate the right invoked, so the requested amparo will be denied.

“Given the foregoing, according to which, the fundamental right invoked by the transfer of the prisoner is not violated, since the basic fundamental right invoked by the family union is replaced by virtual visits, the requested protection will be denied”, the document reads.

However, the guardianship presented also demanded respect for due process, since, “without widely justifying the reasons that motivate it and the criteria that (were) taken into account, irrationally and disproportionately using the discretion granted in the regulations”.

Thus, the defense arguments were not valid, the judge left Pulgar's transfer to La Picota prison firm to continue serving his four-and-a-half year sentence for the crime of trafficking in public servant influences in heterogeneous competition with the crime of bribery to offer, this is in the case of the Metropolitan University of Barranquilla.

It is worth recalling that the Ministry of Justice reported that it ordered the change after the controversy in which the National Penitentiary and Prison Institute (INPEC) is involved was revealed for allegedly providing benefits to prisoners. It was known that the entity granted irregular permits to businessman Carlos Mattos and lawyer Diego Cadena, but it is not ruled out that other prisoners in the country are also receiving special treatment.

In the case of Pulgar, he is considered a “VIP convict”. In addition, since he is being held in Malambo, a municipality located in his native department, he could have influences thanks to close people. It is also important that the former congressman is justly serving a four-and-a-half year sentence for influence-trafficking and bribery, after trying to bribe a judge from Usiacurí (Atlántico).

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