JURISDICCION DESARTICULADA

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Ha salido a la luz pública el texto de una comunicación que envía la Sala de Casación Civil al plenario de la Corte Suprema de Justicia donde expone sus reparos a la Justicia Especial para la Paz. A buena hora dicho pronunciamiento que recoge muchas de las inconveniencias de este instrumento habanero, las cuales compartimos plenamente.

Como lo hemos sostenido desde esta columna, con la JEP se le dio un golpe de estado a la Rama Jurisdiccional del poder público. Resultó que a las FARC no le daban confianza los jueces colombianos y por ello impusieron un sistema al latere, paralelo, que los reemplaza, bajo el pretexto de que deben aplicar justicia transicional. Por supuesto, que esto debilita la rama jurisdiccional, la suplanta y desarticula. La primera inquietud, es ¿qué hubiera pasado si esa desconfianza fuera con el legislativo y que hubieran impuesto, los mencionados acuerdos, una corporación especial para el desarrollo de los mismos, que suplantara el Congreso, elegida por ONGS extranjeros? Hubiese estallado al país político. Pues eso fue precisamente lo que hicieron con la Justicia colombiana, la mandaron al cuarto de San Alejo.

¿Si la Justicia ordinaria acaba de aplicar la justicia transicional en el programa de justicia y paz para los paramilitares, porque no lo podía hacer con las FARC?. Claro que podía hacerlo, ya lo ha hecho en el pasado reciente. La verdad fue una imposición de las FARC a la cual cedieron los negociadores. En la segunda oportunidad, luego del triunfo del “no”, tuvimos la ocasión de insistir en que al menos la articularan con la jurisdicción ordinaria, por medio de los recursos extraordinarios. Como dice la Sala, hay temas laborales, civiles, de familia, de tierras, que tienen relación con el conflicto que van a estar ausentes de sus jueces naturales. No hubo eco a las observaciones y lo único que dejaron fue un remedo de tutela.

Claro que a la Sala Civil la acompaña la razón cuando señala que los magistrados integrantes de la JEP debieron ser integrados por la Rama Jurisdiccional como lo ordena la Constitución y no por terceros y menos extranjeros que no conocen nuestros jueces. El permitir a un designado de la Sala Penal de la Corte, como un convidado de piedra para integrar esa comisión, no deja de ser un tibio consuelo a una potestad usurpada y perdida.

Le van a dar a la JEP todos los recursos económicos para crear un sistema paralelo que va a durar varios anos, que le niegan a la justicia ordinaria y que la condena a ser la rama seca de poder público en Colombia.

Aunque ya es un hecho la creación de la desarticulada JEP, todavía son válidas las observaciones de la Sala Civil que al menos son constancia histórica de lo que ha pasado en nuestro país. Lo más gracioso es que nos asustamos con el rompimiento del equilibrio de poderes y de los principios democráticos en la vecindad, cuando aquí también ocurre lo mismo.

POR: JAIME ALBERTO ARRUBLA PAUCAR




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