On 5 August, Colombia’s President Iván Duque responded to the house arrest of former president, Álvaro Uribe (2002-2010), by proposing a programme of reform to correct “failures” in the judicial system.
Analysis:
The debate over judicial reform in Colombia is long-running, but the timing of this latest proposal, the day after the arrest of Duque’s political mentor and key ally Uribe, has seen Duque and his government accused of posing a threat to judicial independence. Uribe, a sitting senator, remains one of the most influential (and divisive) figures in Colombian politics, and his preventative detention – announced by the supreme court (CSJ) on 4 August – sent shockwaves through the country. The ramifications for the Duque government are significant, and it can be expected to do whatever possible to clear Uribe’s name; while this will bolster support among loyal ‘uribistas’, a fierce reaction can be expected from the former president’s many critics.
- After becoming the first former Colombian president to face trial before the CSJ in October 2019, Uribe has now made history as the first to be detained in any capacity, while he awaits sentencing on charges of witness manipulation and procedural fraud. The case in question dates back to 2012, when Uribe accused opposition Senator Iván Cepeda, of the left-wing Polo Democrático Alternativo (PDA), of bribing witnesses in order to accuse Uribe of collaborating with paramilitary groups while in power.
- The CSJ absolved Cepeda, but in turn launched investigations into Uribe himself over allegations of witness manipulation, after his lawyer Diego Cadena was recorded both threatening and offering to bribe former paramilitary members to change their testimonies. Cadena has already been charged for these crimes, but insists Uribe was not involved; while the CSJ is yet to issue a final ruling, this house arrest order does not bode well for Uribe.
- The CSJ order prompted polarised reactions among both the general public and the political establishment, split between celebration and condemnation of the move. Cepeda celebrated that “no-one is above the law, no matter how powerful”, while Duque insisted that “I will always believe in the innocence and honour of a man who has earned a place in the history of Colombia”.
- The ruling Centro Democrático (CD) party, founded by Uribe in 2014, raised eyebrows with its call for the appointment of a constituent assembly to reform the judiciary, in order to “depoliticise justice and recover confidence in institutions”. Yesterday Duque acknowledged this proposal, but argued that such a process would be too slow, and sought a more immediate solution, given “the urgency of the reform”.
- Judicial reform in some capacity is widely supported in Colombia, but critics of the government fear that it seeks to make changes that will erode the independence of the judiciary, already thought by many to be too weak. Uribe’s arrest is an indication that this may be changing, but could in turn provoke a new attack on judicial autonomy; the attorney general’s office issued a statement yesterday “reminding all branches of public power of the imperative to abide by and comply with judicial decisions”.
Looking Ahead: The political impact of Uribe’s arrest is undeniable – he leads CD in congress, and plays a key role in uniting the party. More broadly, his critics hope that this arrest could pave the way for charges relating to alleged human rights abuses committed during his time in power – Duque, who has faced similar (albeit lesser) allegations, thus has more at stake than just his loyalty to Uribe.