CONDEMN FOR HOMICIDE BY THE INDIGENOUS JURISDICTION REQUESTS HIS CASE TO BE SUBMITTED TO THE SPECIAL JURISDICTION FOR PEACE
The citizen Jhon Jairo Mayorga Suárez was condemn by the traditional authorities of San Francisco, Toribío, Tacueyó and Jambaló, to a term of imprisonment of 40 years, due to the assassination of the wise ancestral and traditional doctor Venancio Taquinas Dagua, which occurred the 18 of April of 2013 on the jurisdiction of the ancestral territory of Jambaló. The condemned formulated acción de tutela, arguing that he was a member of the FARC-EP when the sanction was imposed by the indigenous authorities, he also related that by the moment of requesting the constitutional protection, he had already served 48 months of prison. The claimant requested his transfer to a transitory zone of normalization with the aim of subjecting his case to the Special Jurisdiction for Peace (SJP).
The indigenous communities involved manifested their opposition to the complainant’s pretention, pointing that the crime by which he was condemn didn’t have a relation to the conflict and that the community never acknowledged his condition of member of an armed group.
The Court established that the actual matter didn’t involve a conflict between jurisdictions, it also considered that given the very special conditions of the case, the file should be made available for the SJP, so that Corporation can determine if the factual and legal conditions meet the requirements for its intervention on the case, and to evaluate the possibility of subjecting the plaintiff to the special penal treatments previewed for the members of the FARC-EP, which constitutes a minor, exceptional and constitutionally admissible intervention to the autonomy of the indigenous traditional authorities, that count with the opportunity to take part in that instance through the mechanisms of articulation and coordination. Nevertheless, the Constitutional Court considered that the claimant should remain under the custody of the traditional indigenous authorities serving his time, while the SJP takes a decision regarding its intervention in the case, and that the spaces of jurisdictional intercultural dialogue have to be granted before promoting a conflict between jurisdictions.