[ad_1]
With three days of arrest and two minimum wages fine Defense Minister Carlos Holmes Trujillo and the director of the National Police, General Óscar Atehortúa, were sanctioned for disrespecting a guardianship ruling, issued in August 2019.
The sanction, ordered by the promiscuous court of the Chinchiná circuit, Caldas, It occurred in response to an incident of contempt promoted by Faiber Jahir Moreno Salazar, Major of the National Police, who instituted a protection action considering that his rights to Due Process, Equality, Access to the Administration of Justice and the Effective Protection of Rights were being violated, after having been removed from service between the years 2008 and 2018.
According to the court, said withdrawal was illegal and the Administration “acted wrongly”Therefore, it ruled in favor of the plaintiff and ordered the Ministry and the Police to recognize the promotion to the rank of Major and to observe if the uniformed man met the requirements to ascend to the rank of Lieutenant Colonel or to be called to the respective promotion course, as well as to consider as valid the 10 years that Moreno Salazar “was illegally removed from service, that is, from 2008 to 2018.”
However, according to the plaintiff, neither Carlos Holmes Trujillo nor Óscar Atehortúa complied with what was resolved in the ruling because “despite having undergone the professional career evaluation procedure to be called to the promotion course, he was notified on February 25, 2020 that his name had not been recommended to present the competition prior to the promotion training course to the rank of lieutenant colonel. “
In this regard, the institutions argued that “the legal procedures established to comply with the tutel ruling were exhausteda “and they assured that Moreno Salazar” does not meet the requirements established in Decree 1791 of 2000 to be promoted to the rank of Lieutenant Colonel “because the boards that evaluated his resume decided” not to recommend “the major to participate in the tests of the competition prior to the training course.
However, the court assures that “the discretion that is predicated of the decisions of the evaluation board, within the framework of due process it was necessary for the incident to know the facts and circumstances that justified its non-recommendation “
“This being the case, it is evident that in the subexamine case the Director General of the Police and the Minister of National Defense did not comply with the tutelary order contained in the third ordinal of the ruling in question, “indicates the ruling.
Therefore, the court decided to impose a penalty of three days of arrest and a fine of two minimum wages to Minister Trujillo and General Atehortúa, as well as not sanction President Iván Duque for the act.
The arrest warrant must be carried out at the Escuela de Carabineros or in a similar public institution, in Bogotá. The decision, says the ruling, “is not subject to any appeal.”
[ad_2]
