Riotous Nacional fan Atanasio Girardot released: he turned himself in and had to be released by the police

During the match between Atlético Nacional and Junior de Barranquilla, which corresponds to one of the postponed dates of the BetPlay 2024-II League, a new episode of violence broke out, forcing the authorities to cancel the match. In the 54th minute of the second half, a riot broke out in the western stands of the Atanasio Girardot Stadium, resulting in 25 injuries.

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As part of the measures taken by the Medellin authorities, Mayor Federico Gutiérrez, “Fico”, posted on social media photos of 10 people who took part in the battle. The impact of the poster was such that one of the Nacional supporters involved and identified in the publication decided to voluntarily surrender..

After this subject realized that he appeared in a poster published by the mayor of Medellin, he decided to volunteer at the CAI on October 12 of the Aburrá Valley Metropolitan Police to respond to the incidents at the Atanasio Girardot Stadium. However, what caused the outrage is that The man was released after a few minutes because there was no warrant for his arrest.

Although he was reviewed by the authorities, the decision to release him raised questions about the operation of the law and its effectiveness. for this reason Infobae Colombia contacted a criminal justice expert to clarify the situation of the fan involved in the disturbance.

Lawyer Nicolás Cervantes, a lawyer specializing in criminal justice, clarified that what happened to the Nacional fan fell within the parameters of the 1991 political constitution.specifically in Article 29, which guarantees due process, including principles such as the presumption of innocence and non-incrimination, protecting a person from testifying against himself or close family members.

“There is also the principle of due process, from which it follows that all actions must follow the procedure established by law. In the case of a fan who came forward voluntarily, this activated the public prosecutor’s office, which in theory should formally charge him.. However, the prosecution did not have sufficient evidence to identify the subject with certainty, such as his name or social security number, and thus could not file solid charges. “If the prosecutor’s office had these elements, they could indict him.”

Lawyer Cervantes explained in detail the reasons why the Nacional fan was released, stressing that “only in these three cases can the judge, from the first hearing, order security measures and order that the trial be carried out with the accused deprived of his liberty”. The three cases include flight risk, danger to the victim, and the existence of compelling evidence against the accused.

According to lawyer Cervantes, The fan has the right to continue his process at liberty until the necessary requirements for the imposition of a security measure are met.. Since there was not enough evidence or an arrest warrant against him, the authorities decided to release him, respecting his due process guarantees.

Meanwhile in The Atanasio Girardot Stadium will be sanctioned during the next two dates of the final tournament of Colombian professional football, in which the Paisa team will play without an audience.. In addition, the North Stand will remain closed for two more dates, and instruments, flags and other items related to any Verdolaga club bar will be banned for the rest of the year.