The Ninth Civil Court of the Cartagena de Indias Circuit imposed a five-day arrest against Mayor William Jorge Dau Chamat for not complying with the relocation order of the Cabildo Indígena Zenú, located in the village of Membrillal.
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The judicial decision is the response to an incident of contempt presented by CASAM Inversiones SAS.
“In order to comply with the arrest sanction, the victim may voluntarily present himself before the General Command of the National Police of Cartagena and, if police intervention is necessary, his constitutional guarantees must be respected, understanding -in addition- that it is not of the capture enshrined in article 297 of the Criminal Procedure Code (Law 906 of 2004), but of an apprehension for the purpose of transfer to the place where the arrest sanction must be served,” the ruling adds.
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The court indicates that the ruling ordering the relocation of the indigenous settlement set a term of five months for the territorial entity to comply, however, eight months have elapsed without full compliance with it.
“Since the guardianship judge retains the power and duty to adopt measures to achieve compliance with the constitutional protection order, this court must accede to the guardianship request consisting of imposing an arrest sanction, reiterating to the official in charge of compliance with the sentence that the imposition of this sanction does not exempt the authority triggered from the obligation to give full execution to it, and also the certification of copies that the plaintiff deprecates will be accessed, ”reads the official letter issued and signed by Judge Betsy Batista Cardona.
William Dau had already been sentenced to days in jail by a judge at the beginning of his term for disrespecting a public official.
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