The Government withdraws the controversial early release article after social and political rejection

By Roy Rodriquez

The Pro-Secretary of the Presidency, Jorge Díaz, reported this Tuesday before the Constitution and Legislation Commission of the Senate that the Executive Branch will withdraw the article referring to early release from the reform project of the Code of Criminal Procedure (CPP). The decision responds to adverse reactions from various social and political sectors that warned that the rule could benefit those convicted of crimes against humanity.

Withdrawal of early release

According to statements by Díaz collected during the parliamentary session, the initial intention of the article was to resolve situations of “strict justice,” particularly aimed at women convicted of bringing small quantities of narcotics into penitentiary centers. However, the leader confirmed that "the article will be withdrawn from the original project" due to the lack of consensus and criticism from organizations such as Crysol and Mothers and Relatives of Detained Disappeared.

Díaz explained that the bench of senators of the Frente Amplio, in coordination with the Executive, agreed to remove the current wording to prevent the benefit from affecting those held in the Domingo Arena prison, although he expressed the hope of finding alternative formulas during the parliamentary discussion.

Defense of conditional suspension and abbreviated process

During the appearance, the deputy secretary defended the restitution of the conditional suspension of the process, previously eliminated by the Law of Urgent Consideration (LUC). Díaz argued that the lack of this instrument results in “impunity” in certain cases and stressed the importance of citizens being able to avoid criminal records under specific requirements.

Likewise, the debate focused on the abbreviated process. Díaz described it as a “myth” that in the previous system there was no negotiation between prosecutors, judges and defenders. For his part, criminal lawyer Florencio Macedo, representative of the Bar Association, supported the institute stating that spares the accused the “miseries” of an extensive criminal process. For strengthen guarantees, the project includes a new cause for review in the event that the consent of the convicted person is vitiated.

Preventive detention criteria and deadlines

The commission also analyzed the criteria for preventive detention. The Minister of Appeals José María Gómez pointed out that, in practice, this measure is usually applied based on the “seriousness of the crime,” an argument that was questioned by Senator Andrés Ojeda (Colorado Party), who maintained that said criterion is “strictly subjective” and should not be sufficient to justify the risk of escape by itself.