[ad_1]
Until the internal rules on disciplinary sanctions for officials elected by popular vote are modified, the Office of the Attorney General of the Nation will continue to investigate and punish those servers who commit acts of corruption.
This was made clear by the attorney general, Fernando Carrillo, in a circular published this week in which he formulated the guidelines to follow while the regulatory reforms ordered by the Inter-American Court this year are issued, and which the Council of State had warned since 2017.
(Also read: Former mayor of Armenia Carlos Álvarez is disabled for 20 years)
The orders to change the rules are in the condemnation of the Inter-American Court against Colombia for having violated the political rights of the former mayor of Bogotá Gustavo Petro, who in 2013 the Attorney General’s Office dismissed and disqualified for 15 years for his toilet scheme. In its judgment, the Inter-American Court said that administrative authorities – such as the Attorney General’s Office – cannot limit the political rights of people elected by popular vote, something that can only be done by a conviction of a judge in a criminal process.
However, the Prosecutor Carrillo clarified in his circular that in the face of acts of corruption, the powers of the Prosecutor’s Office remain intact, as was also pointed out this year by the Council of State in a ruling on a lawsuit with which the former mayor of Bogotá Samuel Moreno sought drop your disciplinary sanction.
In the ruling, the high court indicated that in corruption matters “the administrative authorities can restrict political rights, as long as the judicial guarantees are observed.”
(You may be interested in: The serious repercussions of the Inter-American Court ruling in the case of Petro)
For this reason, Prosecutor Carrillo resolved that when it comes to possible very serious offenses that imply dismissal and general inability, the Public Ministry will carry out processes against public servants of popular choice provided that these conducts are related to acts or matters of corruption.
Likewise, it instructed that disciplinary proceedings be carried out against those elected by vote when the conduct allegedly committed is framed in a crime punishable by fraud, prior complaint or transfer to the criminal authorities to act within the scope of their powers.
(Also: ‘If there is a need to change rules, it will be done, but not to promote impunity’: Attorney)
He also said that in conducts that are not corruption or constitute crimes, they may be imposed against popularly elected officials sanctions other than dismissal and general incapacity.
He stressed that, in any case, due process and the rights of contradiction and defense must be guaranteed.
Finally, the head of the Public Ministry indicated that in the coming weeks a bill will be filed in Congress to promote the specific regulatory adjustments ordered by the Inter-American Court and the Plenary Chamber of the Council of State.
Other Justice notes that may interest you
– The contract with Santos should have prevented the magistrate in the Uribe case?
-For two crimes they denounce a judge who rejected the marriage of 2 women
-Confirm sentence to judge who manipulated distribution of cases to favor them
JUSTICE
On twitter: @JusticiaET
[email protected]
[ad_2]
