President Gustavo Petro issued a wide-ranging clarification on his social networks after a judge ordered him to correct his statements against Mario Andrés Burgos Patiño, a prosecutor suspected of ties to drug traffickers in the case known as “La Perla.”
Although the president complied with the court order, his message sparked new debate and, far from a complete repeal, questioned the use of the opportunity principle in Colombia’s criminal justice system and warned of practices that have “resulted in weakening public confidence in the judiciary.”
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The conflict between Petro and the Burgos prosecutor stems from comments the president made on social networks. In it, he suggested that officials were giving preferential treatment to people involved in drug trafficking and extortion networks.Perhaps by giving the principle of opportunity to someone involved in the process.
Burgos prosecutor faced what he considered to be false accusations that tarnished his reputation and went before a judge, who ordered the head of state to correct his statements in public. This Wednesday, Petro responded in a publication that begins by clarifying that “there is no formal archival law dictated by the Burgos prosecutor,” but maintains a critical tone towards the judicial system and the way it applies procedural numbers.
In your message, Mr. Petro stressed that his intention was “not to attack prosecutors personally or organizationally,” but rather “to warn about alarming practices within the state.”. According to the president, the Opportunity Doctrine, a tool that allows for the suspension of criminal proceedings in exchange for cooperation with the judiciary, has been “transformed over the years” and has often become “an unequal bargain in which the state always loses.”
“The principle of opportunity was born to enable states to suspend criminal prosecution in exchange for something greater: truth, effective cooperation and crime prevention. But the instrument has been distorted…more impunity, less truth, less justice,” the head of state said.
The president stressed that the real problem lies not with specific officials, but with systemic practices that, according to him, “no longer serve the nation’s criminal policy,” and that “the main perpetrators enjoy impunity, while the victims are left without truth or reparations.”
Peter devoted a significant portion of his message to developing a structural critique of the opportunity principle, which he described as a tool that had been “inappropriately used.”. In his opinion, the figures are “more bleak” and benefits should only be guaranteed if there is truth, reparation and crime prevention.
“The Opportunity Doctrine needs to be reconsidered, because instead of strengthening the nation, it places it in the weakest position at the table, in the position of those who confer moral authority without restoring it,” the president wrote.
Peter contrasted this situation with the ideals of his policy of “perfect peace.”pointed out that while “judicial discourse negotiates its punitive powers without restoring anything,” peace aims to “restore everything: truth, victims’ rights, and collective hope.”
The president defended his position, arguing that it was in his interest to preserve the moral legitimacy of the nation and the judicial system.. He claimed to believe in “living justice with purpose and public ethics” and was adamant that he was investing his political capital to strengthen it.
“The state cannot continue to negotiate power with the criminal powers while persecuting the weak within the system,” Petro said.
At the end of the publication, the President reiterated his formal explanation for Prosecutor Burgos, saying: He claimed that while there was “no official file from his side regarding the Black Pearl operation,” there were “alarming facts that deserve rigorous discussion.”: The use of the opportunity principle and its consequences for countries.
Mr. Petro concluded his message with a strong political and symbolic statement. “While some people continue to provide opportunities for crime, we continue to provide opportunities for the nation. Complete peace is not indulgence; it is the moral reconstruction of the nation.”
With this statement, the Head of State complied with judicial remedial orders, but at the same time reaffirmed his critical position towards the judicial system and its application of the opportunity principle, leaving room for a national debate about the limits, scope and transparency of this legal instrument in the country’s criminal proceedings.
After the president’s publication, prosecutor Mario Burgos’ defense lawyer, Sebastian Rondon, interpreted the message as an official retraction and praised his compliance with the court order. The prosecution lawyer wrote through a message on the X account:
“We have achieved a new retraction from the President! After requesting Dr. Burgos’s defense, he had to correct his defamatory statements. Important: In the La Perla case, Dr. Burgos convicted five people. The principle of opportunity was upheld by the judiciary.”
This reaffirmed for the prosecution’s defense that Burgos acted within the legal limits and that there was appropriate judicial approval for the use of the opportunity doctrine in the process.
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