Our Constitution establishes the principle of non discrimination and guarantee due process and the right of defense for all citizens, including members repeat of the security forces, but these rights so tortuous want to be excluded when the subject is a military court, so that and until the military judge is enshrined in art. 221 of the Charter has been abolished in fact, not law, and by force of law interpretations rigged international and international humanitarian law, establishing the presumption of discrimination and guilt as legal institutions in the country when it comes to the military judge.
The single application of the discretionary powers of rows to separate the members of the security forces is a denial of due process and the right to defense, which has been skillfully exploited by the organizations affected by neo-communists and illegal armed groups to attack legal and politically to the Armed Forces, making without trial Officers, NCOs and soldiers are separated from service as vengeance for the defeats inflicted on the narco-guerrillas. It is widely documented that some members of the judiciary, ideologically committed to neo-communists, taking the statements of organizations self-styled defenders of human rights and service to the narco, having as a basis to accuse or condemn the military, not tests real, but contrived and false testimony of own components of the illegal armed organizations against the accumulation of evidence proving the innocence of the military, as in the case of General Uscategui and as is expected in the case of Colonel Plazas, making these processes in real political trials outside the Constitution and the professional justice system. While attacks by the enemies of the National Army are part of the war that he told the Colombian society since 1964, so painful is that the national government not rush to pick up as the arguments of the opponents of natural forces to search policies determining responsibility, not a matter of asking the ruling gloss over professional behavior, but these officials are provided with legal guarantees to attend to due process and exercise their right to defense.
When the President takes a priori arguments of the enemy, is de-legitimizing the police, when applying discretion without listening to those affected, are being given a free victory enemies of the state that would otherwise not reach. To preserve the nature of the rule of law must ensure the effective implementation of the rights and guarantees which the Constitution provide for all citizens, especially the right of access to justice in order to take the formalities of the process, this is to ensure guarantees compliance with the substantive and procedural forms established by the constituent and the legislature, it is not only set in motion the judicial apparatus and intending thereby to implement the procedures for military trials of God proposed by the Inquisition. .
