Supreme Court of Justice denied suspension of extradition 'Otoniel'

A judicial setback suffered on Monday the claim of Dairo Antonio Úsuga, alias Otoniel, to submit to the Special Jurisdiction for Peace (JEP), to prevent his extradition to the United States where he is required for drug trafficking crimes, after the Supreme Court of Justice responded negatively to that request.

The former chief criminal officer of the Gulf Clan was appearing before the peace court willing to provide the information he has about the conflict, having been part of the extinct United Self-Defense Forces of Colombia (AUC), however, in the high court they indicated that 'Otoniel' is not on the list of ex-combatants of the FARC, nor was it part of the security forces, which are the actors that the JEP is responsible for investigating and prosecuting.

“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.

In the newspaper El Tiempo, they explained that the Supreme Court's decision was influenced by the letter submitted to them by the Office of the High Commissioner for Peace, which indicated that in the case of the one of the most wanted drug traffickers in the country, there was no administrative act in which he was recognized as a member of the FARC , and was therefore not accredited to the peace court.

'Otoniel' expressed his intention to use the Integral System of Truth, Justice, Reparation and Non-Repetition, which includes the JEP, and in that sense he had declared to give his version in several cases, including that of the deaths illegitimately presented as combat casualties by the Colombian Army, misnamed 'false positives', in especially in the department of Casanare, where the extinct Centauros de las Auc Block was committed and in which Úsuga held positions of responsibility.

In the Bogotá newspaper, they stressed that this argument was crucial since the request for non-extradition was based on the fact that the excapo was excluded from the Justice and Peace Process to which the former paramilitary combatants were subjected.

Úsuga had already testified in Case 04, about the events that occurred during the conflict in the Urabá region, where he committed crimes and committed crimes with the Gulf Clan.

In fact, the interventions he has made so far have generated controversy and incidents have occurred. The most serious was when they stole the digital recorders they used for 'Otoniel''s interview with the Truth Commission, a fact that was reported to the country's authorities.

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.

So far, the JEP has not addressed the issue, but in the newspaper El Colombiano they explained that if they ever object to this decision of the Supreme Court of Justice, they would enter into a lawsuit in which it would have to define who is handling the case, which could go beyond the Constitutional Court.

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