The Supreme Court took control of the investigation after Santrich’s defense successfully argued that, as part of on ongoing peace process with the FARC, the former guerrilla commander is a member of Congress and as such can only be investigated by the top court.

Because Santrich is taking part in an ongoing peace process he can be neither jailed nor extradited unless found guilty of committing crimes after the FARC signed peace with the government of former President Juan Manuel Santos in November 2016.

The unanimous ruling comes exactly two weeks after the war crimes tribunal also ordered the release of the FARC leader on claims it had seen no evidence to determine whether or when Santrich would have conspired to traffic drugs as claimed by the US Department of Justice.

Santrich was controversially recaptured by prosecution officials two days later while prison authorities delayed obeying the court order for two days and US authorities scrambled to send evidence.