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The Council of State reversed a guardianship ruling that ordered President Iván Duque to request an endorsement before the Senate for the presence of a US military mission in Colombia.
The magistrates reversed the ruling of the Administrative Court of Cundinamarca, which, In the first instance, it gave the President 48 hours to send the Senate “all the information and background information related to the entry, arrival, and permanence of the Security Force Assistance Brigade of the Army of the United States of America ”.
The judicial action had been filed, among others, by senators Iván Cepeda Castro, Roosvelt Rodríguez, Antonio Sanguino, José Ritter López, Wilson Arias, Guillermo García Realpe, Victoria Sandino and Temístocles Ortega.
The congressmen considered the protection of the fundamental right to political participation violated, since Duque did not request authorization from the Senate or consult the Council of State about the entry into the country of the US military.
Thus, the senators requested that the head of state be ordered to immediately restore their obstructed right and competence and annul the decision of May 27 through which he authorized the transit and permanence of a military brigade of the United States in the national territory.
The issue came after the report that a group of 53 soldiers arrived in the country to carry out assistance and training tasks, without participating in military activities.
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When resolving the guardianship, Subsection A of the Third Section of the Administrative Court of Cundinamarca agreed with them. But now, the State Council reversed the decision.
The magistrates considered that the plaintiffs did not prove that they had been unable or hindered the exercise of the functions of the position.
“In the first place, that there was no impediment to the exercise of their individual functions of control and political participation by the plaintiffs as members of the Senate within the Corporation. And secondly, that they did not make a proposal before the board of directors and that it has refused to exercise the debate in the plenary, so it is noted that the tutela action cannot become an additional mechanism to exercise their rights to the within the Corporation to which they belong ”, says the ruling.
In relation to the order issued by the Cundinamarca Court, “the Chamber must warn that on that occasion a wrong study was carried out ”. It adds that “the powers that were not exercised by the Senate actors cannot be transferred to the constitutional judge of tutela.”
For this reason, the Council of State decided to revoke the ruling of first instance and declare the inadmissibility of the protection action because the subsidiarity requirement was not met.
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POLITICS
