Colombian Court Sentences Former President Álvaro Uribe to 12 Years House Arrest for Bribery and Witness Tampering

Former Colombian President Álvaro Uribe Vélez has been sentenced to 12 years of house arrest by Judge Sandra Heredia, who found him guilty of bribery and procedural fraud. The sentence, a first-instance ruling, exceeds the nine-year prison term requested by the prosecution and includes a fine of 2,400 monthly minimum wages.

Judge Heredia’s ruling orders the immediate house arrest of Uribe at his rural property in Rionegro, Antioquia. The judge cited five primary reasons for her decision to impose immediate detention, noting the need to prevent the former president from committing new crimes and to reinforce the principle that all citizens are equal before the law. Heredia stated that allowing Uribe to remain free would send the wrong signal and that his actions had eroded public trust in Colombian institutions, necessitating a “strong and exemplary response.” She also pointed to what she described as maneuvers to delay the trial and concluded there was a significant risk that Uribe, due to his international recognition, might flee the country to avoid serving his sentence.

Uribe’s defense team, led by attorneys Jaime Granados and Jaime Lombana, has announced its intention to appeal the decision. Judge Heredia has granted the defense seven days to file the appeal. The case will then be reviewed by a three-judge panel at the Superior Tribunal of Bogotá, which will issue a final ruling. The case must be resolved by October 15, as the statute of limitations will expire on that date. A failure to issue a final decision by this deadline would result in the dismissal of the charges.

The Bribery and Witness Tampering Charges

The case against Uribe dates back to a long-standing legal and political dispute with Senator Iván Cepeda Castro of the Democratic Pole (Polo Democrático) party. The conflict originated in 2012 when Cepeda, then a congressman, was conducting investigations into alleged ties between Uribe and paramilitary groups. As part of his work, Cepeda interviewed former paramilitaries who claimed Uribe and his brother, Santiago Uribe, had connections to these groups. In response, Uribe accused Cepeda of witness tampering, alleging that the senator had offered benefits to inmates in exchange for false testimony. Uribe formally filed a criminal complaint against Cepeda with the Colombian Supreme Court of Justice.

The supreme court investigated both Uribe’s claims and Cepeda’s evidence. In 2018, the court dismissed the case against Cepeda, concluding that his actions were protected under his mandate as a legislator and that there was no evidence of coercion or bribery. Instead, the court found evidence that Uribe and his associates had engaged in witness tampering and bribery. Consequently, the supreme court initiated a criminal investigation against Uribe for procedural fraud and witness bribery.

The Supreme Court’s case was later transferred to the Attorney General of Colombia, which proceeded with the prosecution. According to the court’s recent ruling, the prosecution, led by prosecutor Marlene Orjuela, successfully demonstrated “beyond a reasonable doubt” that Uribe had instructed lawyer Diego Cadena to bribe and pressure witnesses.

Judge Heredia determined that Uribe had “instrumentalized” Cadena, an attorney known for representing narcotics traffickers, to solicit false statements from incarcerated paramilitaries. The objective was for these individuals to falsely declare that Cepeda had offered them legal and financial benefits in exchange for implicating Uribe in paramilitary activities. The court found that Uribe was aware of the false nature of the testimonies collected by Cadena and still authorized their submission to the court, which constituted the crime of procedural fraud.

The judge also specified three instances where Cadena, at Uribe’s behest, offered benefits to potential witnesses:

1. Juan Guillermo Monsalve: Offered legal benefits.
2. Carlos Vélez: Offered cash payments.
3. Euridice Cortés (alias “Diana”): Offered cash payments.

The court did, however, acquit Uribe on a separate charge of simple bribery involving former prosecutor Hilda Niño, concluding that she had secured a prison transfer through legal channels rather than Uribe’s intervention. A charge related to ex-paramilitary Harlington Mosquera was also dismissed due to a lack of evidence.

Social Media Exchanges Escalate Following Uribe’s Conviction

The first-instance ruling against Álvaro Uribe has intensified long-standing political hostilities, with social media becoming a primary arena for public statements and counter-arguments. The day after the conviction, current Colombian President Gustavo Petro, a long-time political rival of Uribe, published a series of messages that were widely interpreted as references to the former president.

Petro’s posts alluded to Uribe without naming him directly:

“The landowner, legitimate heir of the Spanish feudal lord, ends up in years that are for rest and love, and grandchildren, imprisoned in his hacienda. The horse trots the hallways of the house, again and again, because the hidalgo cannot gallop out as he would like, perhaps, as the horse would like, to be free in the hills or the meadows of the plains.”

He added further:

“It is a time for rest; the warrior knows how to rest. It’s a time for freedom. No more hidalgos and landowners of fertile lands without producing food.”

Petro’s posts, which mentioned the 1975 novel The Autumn of the Patriarch by Gabriel García Márquez, prompted a response from the political party Uribe founded, the Centro Democrático (Democratic Center). The party’s official account replied to Petro:

“Calm down, President, no one asked you to write your autobiography in the form of an alcoholic soliloquy. How curious that you talk about haciendas, horses, slaves, and women who serve coffee, as if Colombia were the eternal stage of your class traumas and not a republic with real problems that you neither know nor want to solve. Are you talking about freedom? But you attack the press, justice, private property, investment, and even grandparents who retire in the countryside. Your idea of freedom is that of the confused commander, locked in his palace, hearing voices and believing himself to be the messiah. While children go hungry and the countryside remains unproductive (under your government, not the hidalgo’s), you drown in metaphors that not even your ministers understand.”

Senator Iván Cepeda also made a public statement on social media, criticizing what he claimed was an effort by Uribe’s allies to lobby the United States government.

“The infamous lobbying that the envoys of the first-instance convict, Álvaro Uribe Vélez, are doing in the USA seeks not only to weaken the judicial branch, but to generate sanctions for all Colombians if they fail to regain their impunity. It is, without a doubt, treason against the homeland.”

In response, Tomás Uribe, the former president’s son, wrote directly to Cepeda:

“Mr. Iván Cepeda Castro, I invite you to turn yourself in to the American authorities and seek an agreement in exchange for ratting out your FARC friends and revealing the cocaine routes and the political masterminds of drug trafficking. Dr. Cadena can help you with this.”

Cepeda later addressed this exchange in a media interview, challenging Tomás Uribe to take his allegations to the proper legal channels:

“If he has any complaint to make, let him file it, and if he wants, we’ll see each other in court, just as I did with his father.”

Former Colombian President Álvaro Uribe Vélez. Photo credit: Álvaro Uribe website.