[ad_1]
The Supreme Court of Justice has just subpoenaed Senator Eduardo Pulgar, from the ‘la U’ party, who was recorded offering a judge “200 bars” to allegedly favor some of his friends in a millionaire business.
TIME established that was summoned on Monday, October 26, by Magistrate Marco Antonio Rueda, of the Investigation Chamber, who has already ordered several tests within the process. But in the disciplinary field, the case is not flowing at the same speed.
(We invite you to read: This is the former judge who rejected Senator Pulgar’s ‘200 bars’)
Gustavo Petro, senator and head of Colombia Humana.
Cesar Melgarejo. TIME
Although, after the journalist Daniel Coronell revealed the audios, the Attorney General’s Office began an oral process to evaluate the senator’s conduct, his defense (in the hands of criminal prosecutor Jaime Granados) is alleging a conflict of powers.
For attorney Granados, The conflict of jurisdiction arose after someone filed a complaint with the Senate Ethics Committee (of which Pulgar is a member) for the same events.
But Granados goes further.
(You may be interested: I / A Court HR rules in favor of Petro for dismissal of the Mayor’s Office)
Jaime Granados, attorney for Senator Pulgar.
Claudia Rubio / TIME
Petro’s ruling
In dialogue with EL TIEMPO, he assured that the American Convention on Human Rights should be applied to Senator Pulgar, as established in the ruling that the Inter-American Court of Human Rights issued in the case of also Senator Petro, on August 18. .
(Also: After Petro ruling is studying legal actions against Ordóñez)
In this it is pointed out that an administrative judge cannot sanction an official elected by popular vote.
“The Attorney General’s Office has not yet made procedural adjustments after that ruling, which has another precedent: that of Leopoldo López,” the criminal lawyer explained.
The Attorney General’s Office already advanced, on August 14, a disciplinary trial hearing in which it made it clear to Senator Eduardo Pulgar, that with his action of offering “200 bars” to judicially favor Luis Fernando Acosta Osío, he would have attempted against the dignity and majesty of justice and its correct administration.
The office of the Attorney General of the Nation, Fernando Carrillo, provisionally described the lack of Pulgar Daza, typified in the law as the crime of bribery for giving or offering, as very serious by way of fraud.
Who decides?
When resolving the requests of Pulgar Daza and his attorney for the case to go to the Ethics Commission, the control body was clear that, in cases of corruption, the only competent to investigate and punish congressmen is the Attorney General’s Office.
And he reminded them that this is established by the international anti-corruption treaties and recent rulings of the Council of State, such as the one that rejected the demand for annulment and restoration of the right of the former mayor of Bogotá, Samuel Moreno Rojas, against the decision that dismissed him and disqualified 18 years for the acts of corruption related to the assignment of the work contract for the adaptation of Calle 26 to the Transmilenio Transportation System.
However, in view of the conflict of competences raised between the Ethics Commission of Congress and the Attorney General’s Office, the Disciplinary Chamber will send the file to the Consultation and Civil Service Chamber of the Council of State so that the highest court of administrative litigation is the one that Decide who the competition corresponds to.
Lawyer Granados agreed that this instance should be the one to settle the alleged conflict of jurisdiction and stated that the Supreme Court is making rapid progress in the criminal field.
INVESTIGATIVE UNIT
[email protected]
@UinvestigativaET
