The former head of the Darío Gulf Clan Antonio Úsuga, known as Otoniel, continues to look for ways to avoid his extradition to the United States and to be accepted by the JEP, which has denied him entry on several occasions.
Despite the refusal, Otoniel's defense will insist before the Special Jurisdiction for Peace through a remedy in which he is recognized as a “third collaborator of the armed forces and promoter and funder of paramilitary groups”.
Úsuga insisted that he has information on how former DAS members and the security forces were collaborators of paramilitary groups during his time as one of the largest drug traffickers in Colombia.
On March 25, the JEP Chamber for the Definition of Legal Situations rejected Dairo Antonio Úsuga David's application for submission after determining that he was unable to provide sufficient evidence to prove him as a third party civil collaborator and therefore, the JEP has no jurisdiction over the facts for which he has been prosecuted in the ordinary justice system.
The Definition Chamber informed of this decision to the Supreme Court of Justice, the Review Section, the Non-Recognition Section and the JEP Recognition Chamber where Úsuga David has been summoned as a witness in case 04, which investigates the territorial situation of Urabá, and in case 03, known as that of false positives.
Prosecutor's Office asks JEP to confirm refusal of entry of Otoniel
On April 5, Attorney General Jairo Aristizábal sent a concept to the JEP asking to confirm in the second instance the ruling that refused to grant precautionary measures in favor of Dairo Antonio Úsuga David.
These measures were intended to halt extradition temporarily, which was why that concept responded to the appeal brought by the defence of the ex-capo: they insisted that the court stop his extradition, arguing that it would “harm the rights of the victims”, especially in the context that he had been collaborating with the JEP.
“... since the capture of Mr. Úsuga David, the president publicly announced that the Colombian Government's intention was to extradite alias Otoniel to the United States, thus these demonstrations have been violating different nodal guarantees of due process of the power and the various fundamental rights of the victims.”
However, for the delegate attorney, alias Otoniel could not be the beneficiary of precautionary measures so far, since he does not have the status of appearing, because a few days ago his submission was refused in the first instance and the second instance (if he had gone to it) is not yet defined.
For Prosecutor Jairo Acosta: “... Mr. Úsuga David does not possess the qualities that the regulations require, then his fundamental rights required by the precautionary measure could not be protected by not being part of the transitional system.”
In addition, the delegate of the Public Prosecutor's Office insisted that if Otoniel and his defence are alleging irregularities in the extradition process before the Supreme Court of Justice, their duty is to challenge them on that stand, and not in a separate court.
He stressed that the former leader of the Gulf Clan can maintain his collaboration with the bJEP, the Truth Commission and the Search Unit, as a witness.
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