Gustavo Petro radicalized his speech against the Prosecutor and Attorney’s Office procedures – Investigation – Justice

Twelve days later the Attorney General’s office said in a 122-page letter, He demanded a disciplinary trial and suspended Foreign Minister Álvaro Leyva Durán for three months.The officer remains in office and has signed 16 documents, including several appointments, even after suspension.

For the first time a minister and his boss republic presidentRefusal to comply with a disciplinary measure which, in accordance with current regulations, is immediately enforceable.

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This Friday – a weekend in which Reverend George Ivan GonzalezHead of National Planning Department (dnp) left the government and a version about New crisis of his cabinet, When it was also confirmed that Barranquilla had definitely lost the headquarters pan American For non-compliance with the Sports Ministry, and with the investigation Financing further his campaign in the Prosecutor’s Office and the National Electoral Council (CNE)- The President Gustavo Petro He assured that he had not suspended Leyva pending next week’s UN Security Council visit to the country.

in excess of the justification given for non-compliance, which According to jurists consulted by this newspaper, it does not comply with national rules.The message of the Head of State attracted attention because it questions the investigation carried out by the control agencies against several members of his entourage, because, according to his interpretation, they are part of a conspiracy to remove him from the Casa de Nariño.

“I have heard leading jurists talking about institutional failure in the case of the Chancellor of the Republic, the first case in history to be suspended. I have only waited for international delegations to come from the US and the UN Security Council Correctly and listen to us,” the head of state wrote on his X account, formerly Twitter.

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And, immediately after, he said it’s true Alleged investigation by the Prosecutor’s Office is causing ‘institutional breakdown’ Against the President, even if he has jurisdiction.

In the context of the inspection conducted by the Prosecutor’s Office fecodeA consortium that contributed 500 million pesos human colombia In the last presidential campaign, Petrou assured: “Unions were raided, harassed, and witnesses were pressured to impeach the President And they have not succeeded; The drug trafficking sectors, perpetrators of crimes against humanity, corrupt politicians and corrupt sectors of the prosecutor’s office are desperately demanding the removal of the President from the post elected by the people.

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In that lengthy proceeding, he once again called for popular mobilization in defense of his mandate. “The desperate response would be not only to suspend the Chancellor, but Criminally prosecute Ecopetrol Chairman and Superintendent of Public Service, being the President of the Colombia Humana Party. “The prosecutor’s office will request to impeach me without hiding that it has conducted an unconstitutional investigation against me in search of a victory that the people did not give them.”

Ecopetrol’s president, Ricardo Roa, and Superservicios, Eduardo Noriega, have been called to explain in several cases, including the CNE. Not only because of Fecode’s contribution, but also because Other issues regarding the financing of the PetroPresident campaign have not yet been clarifiedIn which Roa was the manager.

On Saturday, also in X, President attacks Barbosa again And citing the prosecutor’s false description, he accused them – he later corrected the mistake – of “seeking a coup under institutional cover, as they wanted to do in Guatemala.” The message was also repeated in Italian, French and Arabic.

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The Petro version of the alleged scheme against him was used by his ranks to put pressure on the Supreme Court in the election of a new Attorney General. He Former President Ernesto SamperFor example,Surround the President and ask the Supreme Court next week to choose a woman to succeed Prosecutor Barbosa,

What’s in the investigations the President criticizes? in leva, The conduct of the passport tender was also questioned by the state legal defense agency., causing her boss, Martha Lucia Zamora, to lose her job. Therefore, the precautionary measures of disciplinary investigation and suspension do not seem unreasonable.

And in the case of Fecode’s contribution, both The Prosecutor’s Office and the CNE are trying to establish whether there were violations of electoral boundaries, as has happened with the financing of other presidential campaigns in the past. That is to say, these are not procedures that have no precedent in other governments and, moreover, the existence of an investigation does not necessarily mean that it will necessarily end adversely for the person investigated. .

And, in any case, Any investigation that ultimately mentions the President of the Republic, its only venue will be the Impeachment Commission of the Chamber.

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This is why demands are being heard from various sectors to reduce political debate and allow institutions to function. He Congress President, Ivan Nam, noted: “Any challenge to our democratic institutions must be rejected within the framework of the Constitution and law. The answer cannot be to call for the dismantling of institutions as a mechanism for resolving conflicts.

And, from the academy, Gonzalo Araújo“The worst consequence is that the election of high dignitaries under the existing mechanisms and institutional design is increasingly being questioned and called into question,” he said, a political scientist at Javeriana University. “While there are many failings of institutions as well as their heads, the president’s language creates an institutional breakdown that could bring great harm.”

Leva’s suspension

And while the political language continues to grow louder, the truth is that The government is not complying with the order of the Attorney General’s office And not only is a situation of institutional tension being created, but legal uncertainty is also being created regarding the functions of its Foreign Ministry.

On Friday, in a new letter, the Public Ministry stressed that Leva “Proceed immediately” He was called for the start of his trial on 15 February to follow the suspension and for alleged irregularities in the passport bid. This is not the first time that the President has ignored the decision to suspend the office of the Attorney General.

In the middle of last year, the head of state refused to comply with the suspension of the then mayor of Riohacha, jose ramiro bermudez, investigated for alleged irregularities in the city’s aqueduct and sewage works. Alerted to the imminent legal consequences of continuing in office irregularly, the local President decided to comply with the decision.

EL TIEMPO consulted analysts regarding the consequences of the decision not to comply with the decision of the control body. He Former lawyer Carlos Gustavo Arrieta He stressed that while the decision of the Disciplinary Chamber is firm, it should be understood that Chancellor Leyva has been suspended from office and this will have an impact on his actions.

,The Attorney General’s Office suspended him and this decision should be implemented immediately, The President alone has to decide who should be appointed to the post of Chancellor during the period of suspension. If he does not make the appointment, the Ministry of External Affairs will become leaderless. The President does not have the power to decide whether to follow the decision or not,” Arrieta said.

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He Former State Councilor Carlos Alberto Zambrano He explained that if Leyva Duran persists, he could face the risk of not only a new investigation, but also compliance action to remove him from office as long as his suspension continues. ,This is a measure that is specifically designed when an administrative authority does not comply with a law or does not comply with any administrative act, you can be prosecuted for that purpose,” he said.

for its part, hernando herreraThe president of the Excellence in Justice Corporation warned that the administrative acts signed by Leyva from the day of the suspension are invalid, as they were signed by a person who had been removed from his position.

After emphasizing that for an administrative act to become final it is necessary that “it be issued by a competent authority,” Herrera said, “who should resolve this matter. There is also disputed administrative jurisdiction, ruling on its nullity.” “And, certainly, this is not, or will not be, someone who has been suspended by a decision of the Attorney General’s Office, as is the case in this case.”

Beyond the consequences of these administrative acts, Warnings are being issued from various quarters regarding the negative messages of this episode., Former Justice Minister and former constituent Juan Carlos Esguerra Portocarrero He said he was not aware of the order from the Attorney General’s Office, but that these types of decisions are usually immediately enforceable and “not following them is unacceptable and extremely dangerous” for the rule of law. The Colombia Organization for Transparency joined the call to comply with the decision, stating that the authorities’ decisions must be respected and that omission in this case is against the laws.

Justice and Politics Editorial
Time

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