Attorney General's Office sanctioned by dismissal and general disability for 12 years to former mayor of Medellín (Antioquia)
In a ruling handed down in the verbal process which beat against the former mayor of the capital of Antioquia, Alonso Salazar Jaramillo, president of the National Control Commission and Electoral Affairs, Maria Eugenia Gomez Carreño, find accredited improper conduct disciplinary intervention policy and imposed the penalty of dismissal and disability for a period of 12 years.
The facts giving rise to the disciplinary investigation were based on that in the newspaper El Colombiano, edition of October 7, 2011, the investigation revealed the text of a complaint accompanied by photographs made by the October 6, 2011, sustained when he learned that apparently several candidates for elected office had been receiving support from groups that were possibly outside the law
Decision was based on the disciplined by reason of the facts alleged felonious those who learned on September 3, 2011, must comply with the duty to file the complaint, as indeed it did, but only until 6 October 2011 and accounted for the sake of preserving the prohibition against participation in politics under Article 127 of the constitution, Article 48 paragraphs 39 and 40 of Law 734 of 2002 and Article 38 of the Electoral Guarantees Law ( Act 996 of 2005).
Disciplinary operator noted that there was no public involvement extreme urgency or imminent risk that the election was averted by countermeasures, then owes a behavior different from that done and that the publication that made the media communication of the text of the complaint could not be sketched out to preach the theory of defense based on the tension or conflict of duties while there was an urgency that prevents the disciplined meet both the duty to maintain public order as to refrain from participate in politics, as he had knowledge of the facts brought the complaint on September 3, 2011, and only until 6 October of that year, drew the attention of the authorities. Then he had time to think the decision to advertise them.
Analyzed the facts delegated the September 3, 2011 by the disciplined and electoral pressures that occurred in the city of Medellin under the powers provided by law should be heard by the Attorney General's Office and is instruments had to take preventive action, such as measures of public policy, the imposition of the sanctions established political reform (Law 1475 of 2011) and electoral action for annulment based on pressure or constraint to the voter, then the argument of the disciplined Founded in which the "system does not work" and that impunity is a scourge that occurs in state institutions, did not prosper.
According to the above, the office concluded that the constitutional prohibition for public employees to participate in politics is categorical and restrictive pending issue of the Statute Law providing that those conditions can exercise this activity. Therefore, did not give prosperity to the grounds invoked by exculpativas not have the compelling nature of impending or insuperable, it was not the only alternative disciplined to defend the general interest and the common good make publication in the media of the facts in the complaint made at the height of validity of the electoral law guarantees.
Against this decision an appeal must be filed by the defense, which is supplied to the Disciplinary Division of the Attorney General's Office.
PGN | Fecha Publicación: miércoles, 29 febrero 2012 07:25 PM