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The case has to do with the promotion of a major in the Police, who had sued to be taken into account the time he was outside the institution due to illegal decisions. A judge concluded that the process did not provide him with guarantees.
A judge from the municipality of Chinchiná (Caldas) declared the Minister of Defense, Carlos Holmes Trujillo, and the director of the Police, General Óscar Atehortúa, in contempt. As a sanction, he ordered three days of arrest against both and a fine of two minimum monthly wages for each. The case has to do with a police major who was not taken into account for the competition for promotion to lieutenant colonel and who already had previous legal problems with the Public Force.
Major Fahiber Jahir Moreno was removed from the Police in 2008 and, after suing the institution, the decision was declared illegal, which meant that the NCO had to be reinstated. Later, Moreno filed a tutela requesting that the time that he was out of duties be recognized as time of service to meet the necessary requirements to be called up as a lieutenant colonel. And the Chinchiná judge agreed with him in August of last year.
The order for the director of the Police, and the minister as his superior, was to partially modify the decree that gave Moreno the promotion to major, so that it would remain with the date on which the uniformed officer would have been promoted, “if the Administration I would not have acted wrongly ”. In addition, it ordered that, “when considering the promotions to which Faber Jahir Moreno Salazar aspires from now on, the time in which he was illegally removed from service is valid, that is, from 2008 to 2018”. This last order is the one that is considered unfulfilled.
And it is that, although the guardianship sentence does not contain an order to promote Moreno, far from it, the process was very closed and they did not let the police know the reasons why he had not been called to the contest to promote. “Notwithstanding the discretion that is predicated on the decisions of the evaluation board, within the framework of due process if it was necessary for the incident to know the facts and circumstances that justified his non-recommendation to present the contest prior to the training course for promotion to the rank of lieutenant colonel ”, wrote the judge.
In his defense, the Ministry of Defense had responded that Moreno, “did not pass the evaluation of the professional trajectory, not the competition prior to the training course for promotion to the rank of Lieutenant Colonel, however, the period that He was removed from active duty so much that to date he has 25 years 0 months 25 days. Likewise, the Police explained that at the evaluation board “they carried out a detailed study of the resume, including the different reports presented by the control entities and judicial authorities, deciding not to recommend (Moreno).”
For the judge, however, the defendant entities “did not accredit the orderly study of the constitutional guarantees, which is why the aforementioned ‘non-recommendation’ of the plaintiff is capricious and prevents his right to promotion within the institution. And, after processing the contempt incident that Moreno initiated, the judicial official concluded that it was necessary to punish Minister Trujillo and General Atehortúa.
