[ad_1]
Formally, the Minister of Health, Fernando Ruiz, has not entered into contempt of the guardianship that ordered the return of PCR tests for travelers entering the country.
(In context: Government maintains that travelers should not present PCR test)
This is because the 96-hour period that the 11th judge of Bogotá gave for the order to begin to be carried out has not yet been met.
Lawyers consulted indicated that, although the Minister has already publicly stated that it is not possible to comply with the guardianship ruling, the truth is that the deadline to do so has not expired.
(Also read: Court reaffirms decision to require proof of covid-19 from travelers)
They indicated that, when that term expires, the judge who ruled the guardianship will begin to resolve the incident of contempt presented by the lawyer who presented the appeal. As part of that analysis, it could even require Minister Ruíz to account for his actions to comply with the ruling.
On this episode, which has been generating controversy for days, criminalists opined. The criminal lawyer Pedro Nel Escorcia pointed out that the minister today has not yet breached any order, but that if he maintains his position, he will do so in a matter of hours.
“If he does not comply with the guardianship, it is a fact that he falls into contempt and he can face the legal consequences. But that has not happened yet,” Escorcia said.
The representative of the Colombian Criminal Lawyers Association Francisco Bernate agreed that the judge’s order must be carried out not only by the Ministry of Health, but also by the Colombian Migration officials, who are responsible for the verification process of people’s documents. entering the country.
In turn, attorney Marlon Fernando Díaz pointed out that Failure to comply with a guardianship action can generate contempt punishable by arrest up to 6 months and a fine of up to 20 minimum monthly wages.
(Read also: Internet access is necessary to study in a pandemic: State Code)
“The request for clarification of a guardianship ruling or its challenge does not suspend compliance with the ruling, which must be given within the peremptory term set by the judge, which is normally hours,” added Díaz.
Even, the judge could arrive at a certificate of copies to the Prosecutor’s Office so that crimes such as fraud of judicial resolution are investigated.
In the event that a challenge is presented by the Government, the guardianship will have to be reviewed by the superior of the judge who protected the rights of the lawyer.
In this scenario, the Minister is not safe either, since the challenge does not stop the effects of the guardianship or the orders issued by the judge.
Read other Justice news:
@JusticiaET
[email protected]
[email protected]
